COMMISSION REGULATION (EEC) N° 3634/87

of 11 November 1987

amending Regulation (EEC) N° 526/86 on transitional measures applicable to trade within the Community in goods obtained in Spain, in Portugal or in another Member State under a procedure for the relief from, or drawback of, customs duties or other import charges - compensatory levy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 50 (3) and 210 (3) thereof, and Article 8 (3) of Protocol 3 thereto,

Whereas at the time of the adoption of Commission Regulation (EEC) N° 526/86 (1), it was felt advisable to set the percentage rate of the compensatory levy for a limited period only, in order to be able to take account of the experience thus gained when setting the rates applicable at later stages; whereas the same Regulation set the percentage rate of the levy in question only for the period from 1 March 1986 to 31 December 1987; whereas it is consequently necessary to set the percentage rate of the compensatory levy for the period from 1 January 1988 to the end of the transitional period;

Whereas during the period in which Regulation (EEC) N° 526/86 has been in force no problem has arisen concerning its application; whereas it may therefore be concluded that the criteria chosen in that Regulation for fixing the percentages of the compensating levy may again be used for fixing the percentages applicable for the following period; whereas, for that second period, it is consequently sufficient to amend and supplement according to those criteria the lists and percentage rates of compensatory levy laid down in Regulation (EEC) N° 526/86 so as to take account of the provisions of the Act of Accession;

Whereas, in addition, the abovementioned lists were drawn up on the basis of the nomenclature laid down by Council Regulation (EEC) N° 950/68 of 28 June 1968 on the Common Customs Tariff (2), as last amended by Regulation (EEC) N° 2184/87 (3); whereas Council Regulation

(EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (4) repeals and replaces, from 1 January 1988, Regulation (EEC) N° 950/68, adopting a new tariff and statistical nomenclature (Combined Nomenclature) based

on the International Convention on the Harmonized Commodity Description and Coding System; whereas it is therefore necessary to base the lists in question on that new nomenclature,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) N° 526/86 is hereby amended as follows:

1. Article 8 is replaced by the following:

'Article 8

1. The rate of the compensatory levy shall be

a percentage of the rate of the duties referred to in

Article 7.

2. In trade between the Community of Ten and Spain,

(a) where goods obtained in Spain:

- are listed in Annex I, the percentage shall be:

35 for the period from 1 January 1988 to 31 December 1988,

50 for the period from 1 January 1989 to 31 December 1989,

65 for the period from 1 January 1990 to 31 December 1990,

100 for the period from 1 January 1991 to 31 December 1992,

- are not listed in Annex I, the percentage shall be:

70 for the period from 1 January 1988 to 31 December 1988,

75 for the period from 1 January 1989 to 31 December 1989,

100 for the period from 1 January 1990 to 31 December 1992;

(b) where goods obtained in the Community of Ten:

- are listed in Annex II, the percentage shall be:

75 for the period from 1 January 1988 to 31 December 1988,

100 for the period from 1 January 1989 to 31 December 1992,

- are not listed in Annex II, the percentage shall be:

45 for the period from 1 January 1988 to 31 December 1988,

60 for the period from 1 January 1989 to 31 December 1989,

70 for the period from 1 January 1990 to 31 December 1990,

100 for the period from 1 January 1991 to 31 December 1992.

3. In trade between the Community of Ten and Portugal:

(a) where goods obtained in Portugal:

- are listed in Annex III, the percentage shall be:

45 for the period from 1 January 1988 to 31 December 1988,

55 for the period from 1 January 1989 to 31 December 1989,

65 for the period from 1 January 1990 to 31 December 1990,

100 for the period from 1 January 1991 to 31 December 1992,

- are not listed in Annex III, the percentage shall be 100;

(b) where goods obtained in the Community of Ten:

- are listed in Annex IVa, the percentage shall be:

35 for the period from 1 January 1988 to 31 December 1988,

50 for the period from 1 January 1989 to 31 December 1989,

60 for the period from 1 January 1990 to 31 December 1990,

70 for the period from 1 January 1991 to 31 December 1991,

100 for the period from 1 January 1992 to 31 December 1992,

- are listed in Annex IVb, the percentage shall be:

64 for the period from 1 March 1988 to 31 December 1988,

73 for the period from 1 January 1989 to 31 December 1989,

100 for the period from 1 January 1990 to 31 December 1992,

- are not listed in Annex IV, the percentage shall be 100.

4. In trade between Spain and Portugal:

(a) where goods are obtained in Spain, the compensatory levy shall be that prescribed in paragraph 3 (b);

(b) where goods are obtained in Portugal, the compensatory levy shall be that prescribed in paragraph 3 (a).

However, where goods obtained in Portugal, falling within Chapters 25 to 99 of the Common Customs Tariff, with the exeption of those covered by Council Regulations (EEC) N° 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (1), (EEC) N° 3033/80 and (EEC) N° 3035/80, fulfil the conditions laid down in the rules adopted or to be adopted by the Council in accordance with Article 1 (3) of Protocol 3 to the Act of Accession such that they obtain the status of products originating in Portugal, the percentage shall be 100.

2. The title of section 3 is replaced by the following:

'Section 3

Compensatory levy applicable when agricultural products subject to customs duties or the system of levies and other charges laid down under the common agricultural policy, with the exception of products covered by Regulation (EEC) N° 3033/80, are used'.

3. Article 11 is replaced by the following:

'Article 11

Without prejudice to Article 9, the percentage referred to in the second subparagraph of Article 10 (1) and Article 10 (2) shall be:

1. in trade between the Community of Ten and Spain:

(a) where goods obtained in Spain:

- are listed in Annex V, that prescribed in the same Annex,

- are not listed in Annex V:

35 for the period from 1 January 1988 to 31 December 1988,

48 for the period from 1 January 1989 to 31 December 1989,

60 for the period from 1 January 1990 to 31 December 1990,

75 for the period from 1 January 1991 to 31 December 1991,

100 for the period from 1 January 1992 to 31 December 1992 or 1995, according to the timetable for tariff reductions laid down for the products concerned in the Act of Accession;

(b) where goods obtained in the Community of Ten:

- are listed in Annex VI, that prescribed in the same Annex,

- are not listed in Annex VI:

35 for the period from 1 January 1988 to 31 December 1988,

48 for the period from 1 January 1989 to 31 December 1989,

60 for the period from 1 January 1990 to 31 December 1990,

75 for the period from 1 January 1991 to 31 December 1991,

100 for the period from 1 January 1992 to 31 December 1992 or 1995, according to the timetable for tariff reductions laid down for the products concerned in the Act of Accession;

2. in trade between the Community of Ten and Portugal:

(a) where goods obtained in Portugal:

- are listed in Annex VII, that prescribed in the same Annex,

- are not listed in Annex VII:

40 for the period from 1 January 1988 to 31 December 1988,

55 for the period from 1 January 1989 to 31 December 1989,

70 for the period from 1 January 1990 to 31 December 1990,

100 for the period from 1 January 1991 to 31 December 1991, 1992 or 1993, according to the timetable for tariff reductions laid down for the products concerned in the Act Accession;

(b) where goods obtained in the Community of Ten:

- are listed in Annex VIII, that prescribed in the same Annex,

- are not listed in Annex VIII:

35 for the period from 1 January 1988 to 31 December 1988,

45 for the period from 1 January 1989 to 31 December 1989,

55 for the period from 1 January 1990 to 31 December 1990,

65 for the period from 1 January 1991 to 31 December 1991,

100 for the period from 1 January 1992 to 31 December 1992 or 1995, according to the timetable for tariff reductions laid down for the products concerned in the Act of Accession;

3. in trade between Spain and Portugal:

(a) where goods are obtained in Spain, that prescribed in point 2 (b);

(b) where goods obtained in Portugal:

- are listed in Annex IX, that prescribed in that Annex,

- are not listed in Annex IX:

35 for the period from 1 January 1988 to 31 December 1988,

48 for the period from 1 January 1989 to 31 December 1989,

60 for the period from 1 January 1990 to 31 December 1990,

75 for the period from 1 January 1991 to 31 December 1991,

100 for the period from 1 January 1992 to 31 December 1992 or 1995, according to the timetable for tariff reductions laid down for the products concerned in the Act of Accession.'

4. Annexes I to VII are replaced by Annexes I to IX to this oegulation.

Article 2

This Regulation shall enter into force on 1 January 1988.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 November 1987.

For the Commission

COCKFIELD

Vice-President

(1) OJ N° L 52, 28. 2. 1986, p. 1.

(2) OJ N° L 172, 22. 7. 1968, p. 1.

(3) OJ N° L 203, 24. 7. 1987, p. 16.

(4) OJ N° L 256, 7. 9. 1987, p. 1.

ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV (a)

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ANNEX IV (b)

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ANNEX V

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ANNEX VI

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ANNEX VII

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ANNEX VIII

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ANNEX IX

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