COMMISSION REGULATION (EEC) N° 623/86 of 28 February 1986 determining the accession compensatory amounts applicable from 1 March 1986 to trade in goods covered by Regulations (EEC) N° 3033/80 and (EEC) N° 3035/80

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the 1985 Act of Accession(1),

Having regard to Council Regulation (EEC) N° 3033/80 of 11 N°vember 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(2),

Having regard to Council Regultion (EEC) N° 3035/80 of 11 N°vember 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds(3),

Whereas the third indents of Articles 53 (1) and 213 (1) of the Act provide that, where compensatory amounts or compensatory mechanisms are applied in trade between the Community as constituted at 31 December 1985, hereinafter referred to as the Community of Ten, and the Kingdom of Spain or the Portuguese Republic to one or more basic products considered as having been used in the manufacture of goods covered by Regulation (EEC) N° 3033/80, accession compensatory amounts are to be applied on the exportation of goods covered by Regulation (EEC) N° 3035/80 to the Kingdom of Spain or the Portuguese Republic from the Community of Ten;

Whereas the first indents of Articles 53 (1) and 213 (1) of the Act provide that, where compensatory amounts or compensatory mechanisms are applied in trade between the Community of Ten and the Kingdom of Spain or the Portuguese Republic to one or more basic products considered as having been used in the manufacture of goods covered by Regulation (EEC) N° 3033/80, accession compensatory amounts are to be applied on the importation of such goods into the Community of Ten from the Kingdom of Spain or the Portuguese Republic;

Whereas, in accordance with the fourth indents of Articles 53 (1) and 213 (1) of the Act, refunds, which may be granted on the exportation of goods covered by Regulation (EEC) N° 3035/80 from the new Member States to third countries are to be reduced or increased, as the case may be, by an accession compensatory amount;

Whereas, in accordance with the second indents of Articles 53 (1) and 213 (1) of the Act, the variable component applicable to imports of goods covered by Regulation (EEC) N° 3033/80 into the two new Member States from third countries is to be increased or reduced, as the case may be, by an accession compensatory amount;

Whereas Articles 54 and 214 of the Act provide that the Kingdom of Spain and the Portuguese Republic are to apply in trade with each other the same system of accession compensatory amounts as that applicable to their trade with the Community of Ten, subject to the conditions laid down in Protocol 3 of the Act of Accession; whereas Article 7 (1) of Protocol 3 of that Act provide that accession compensatory amounts applicable between the Kingdom of Spain and the Portuguese Republic are to be levied or granted by the State in which the prices of the basic agricultural products concerned are the higher;

Whereas Regulation (EEC) N° 3035/80 provides that refunds granted on the exportation of goods listed in the Annex to this Regulation are to be fixed in ECU per 100 kg of basic product having been used in their manufacture; whereas, in accordance with Articles 53 and 213 of the Act, this system is to apply to the accession compensatory amounts applicable to exports of such goods on the basis of the differences between the prices of the basic products concerned in the Community of Ten and the new Member States;

Whereas Regulation (EEC) N° 3033/80 provides that the variable components levied on the importation of goods listed in the Annex to this Regulation are to be fixed in ECU per 100 kg of finished product; whereas, in accordance with Articles 53 and 213 of the Act, this system is to apply to the accession compensatory amounts applicable to imports of goods covered by Regulation (EEC) N° 3033/80 on the basis of the differences between the prices of the basis products concerned in the Community of Ten and the new Member States;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

The accession compensatory amounts applicable to exports of goods covered by Regulation (EEC) N° 3035/80 from the Community of Ten to Spain shall be as set out in column 3 of Annex I to this Regulation.

The accession compensatory amounts applicable to exports of goods covered by Regulation (EEC) N° 3035/80 from the Community of Ten to Portugal shall be as set out in column 4 of Annex I to this Regulation.

Article 2

The accession compensatory amounts applicable to imports of goods covered by Regulation (EEC) N° 3033/80 into the Community of Ten from Spain shall be as set out in column 2 of Annex II to this Regulation.

The accession compensatory amounts applicable to imports of goods covered by Regulation (EEC) N° 3033/80 into the Community of Ten from Portugal shall be as set out in column 3 of Annex II to this Regulation.

Article 3

On the exportation of goods covered by Regulation (EEC) N° 3035/80 from the Kingdom of Spain to third countries, the export refund calculated in accordance with the provisions of the said Regulation shall be increased or reduced, as the case may be, by the accession compensatory amount set out in column 3 of Annex III to this Regulation.

On the exportation of goods covered by Regulation (EEC) N° 3035/80 from the Portuguese Republic to third countries, the export refund calculated in accordance with the provisions of the said Regulation shall be increased or reduced, as the case may be, by the accession compensatory amount set out in column 4 of Annex III to this Regulation.

Article 4

Where goods covered by Regulation (EEC) N° 3033/80 are imported into the Kingdom of Spain from third countries, the variable component applied by the Community of Ten and calculated in accordance with Regulation (EEC) N° 3033/80 shall be increased or reduced, as the case may be, by the accession compensatory amount set out in column 2 of Annex IV to this Regulation.

Where goods covered by Regulation (EEC) N° 3033/80 are imported into the Portuguese Republic from third countries, the variable component applied by the Community of Ten and calculated in accordance with Regulation (EEC) N° 3033/80 shall be increased or reduced, as the case may be, by the accession compensatory amount set out in column 3 of Annex IV to this Regulation.

Article 5

The accession compensatory amounts granted on the exportation from the Kingdom of Spain of goods covered by Regulation (EEC) N° 3035/80 of the Portuguese Republic shall be as set out in column 3 of Annex V to this Regulation.

The accession compensatory amounts granted on the exportation from the Portuguese Republic of goods covered by Regulation (EEC) N° 3035/80 of the Kingdom of Spain shall be as set out in column 4 of Annex V to this Regulation.

Article 6

The accession compensatory amounts levied on the importation into the Kingdom of Spain of goods covered by Regulation (EEC) N° 3033/80 from the Portuguese Republic shall be as set out in column 2 of Annex VI to this Regulation.

The accession compensatory amounts levied on the importation into the Portuguese Republic of goods covered by Regulation (EEC) N° 3033/80 from the Kingdom of Spain shall be as set out in column 3 of Annex VI to this Regulation.

Article 7

This Regulation shall enter into force on 1 March 1986.

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

Done at Brussels, 28 February 1986.

For the CommissionCOCKFIELDVice-President

(1)OJ N° L 302, 15. 11. 1985.

(2)OJ N° L 323, 29. 11. 1980, p. 1.

(3)OJ N° L 323, 29. 11. 1980, p. 27.

ANNEX I Accession compensatory amounts applicable to exports of goods covered by Regulation (EEC) N° 3035/80 from the Community of Ten to Spain or Portugal (1)

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ANNEX II Accession compensatory applicable to imports of goods covered by Regulation (EEC) N° 3033/80 into the Community of Ten from Spain and Portugal (5)

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ANNEX III Accession compensatory amounts adjusting the rate of refunds granted on the exportation, from Spain and Portugal, of goods covered by Regulation (EEC) N° 3035/80 to third countries (1)

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ANNEX IV Accession compensatory amounts adjusting the variable components applicable to imports into Spain or Portugal of goods covered by Regulation (EEC) N° 3033/80 from third countries (5)

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ANNEX V Accession compensatory amounts granted on the exportation of goods covered by Regulation (EEC) N° 3035/80 in trade between Spain and Portugal

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ANNEX VI Accession compensatory amounts granted on the exportation of goods covered by Regulation (EEC) N° 3035/80 in trade between Spain and Portugal

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