COUNCIL REGULATION (EEC) No 487/86 of 25 February 1986 laying down general rules for the components intended to ensure protection of the processing industry in the cereals and rice sector and fixing those relating to Spain

THE COUNCIL 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 Article 89 (1) thereof, Having regard to the proposal from the Commission, Whereas, according to Article 78 of the Act of Accession, the amount of the component intended to ensure the protection of the processing industry in Spain as regards the products covered by Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 3768/85 (2), and Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (3), as last amended by Regulation (EEC) No 3768/85 (4), must be fixed in such a way as to separate out the component(s) intended to ensure the protection of the said industry as a separate entity within the protection component applied as of 1 January 1985 by Spain with respect to imports from third countries; Whereas imports into Spain of processed products have hitherto been subject to a State-controlled system of quantitative restrictions on imports varying according to requirements; whereas protection by means of a system of quantitative restrictions varying according to requirements must be considered as a more extensive form of protection than the Community system; whereas, according to the Act of Accession, protection may not exceed the level of the Community protection component; Whereas, in order to obtain a complete picture of the component intended to ensure protection of the processing industry in the context of the enlarged Community, the components intended to ensure protection of the industry of the Community of Ten and applicable to imports from Spain should be reproduced together with the components applicable by Spain, HAS ADOPTED THIS REGULATION:

Article 1

1. For the products covered by Regulations (EEC) No 2727/75 and (EEC) No 1418/76, the components intended to ensure protection of the processing industry as referred to in Article 78 of the Act of Accession and hereinafter referred to as 'fixed components', and levied on imports into the Community of Ten from Spain and on imports into Spain from the Community of Ten shall, depending on the case, be those fixed or reproduced in the Annex hereto. The Kingdom of Spain shall apply the Community protection component to imports from third countries forthwith. 2. The fixed components referred to in paragraph 1 shall be applicable until the end of the 1985/86 marketing year. 3. As regards intra-Community trade, the Commission shall determine, as from the 1986/87 marketing year, the fixed components referred to in paragraph 1 adapted in accordance with Article 78 (3) of the Act of Accession.

Article 2

The detailed rules for the application of this Regulation shall be adopted, as and when appropriate, according to the procedure laid down in Article 26 of Regulation (EEC) No 2727/75 and Article 27 of Regulation (EEC) No 1418/76.

Article 3

This Regulation shall enter into force on 1 March 1986.

This Regulation shall be binding in ints entirety and directly applicable in all Member States. Done at Brussels, 25 February 1986. For the Council The President G. BRAKS

(1) OJ No L 281, 1. 11. 1975, p. 1. (2) OJ No L 362, 31. 12. 1985, p. 8. (3) OJ No L 166, 25. 6. 1976, p. 1.

ANNEX

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hand, and within subheading 23.02 A, on the other, those products shall be considered as falling within heading Nos 11.01 and 11.02 which simultaneously have: - a starch content (determined by the modified Ewers polarimetric method) of more than 45 % (by weight) calculated on the dry product, -an ash content (by weight) calculated on the dry product (after deduction) of any added minerals of 1,6 % or more for rice, 2,5 % or more for wheat or rye, 3 % or more for barley, 4 % or more for buckwheat, 5 % or more for oats and 2 % or more for the other cereals. Germ of cereals, whole, rolled, flaked or ground, falls in all cases within heading No 11.02.

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