CELEX: 51990PC0407(03)
Language: en
Date: 1990-10-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) DETERMINING THE GENERAL RULES FOR THE SYSTEM OF ACCESSION COMPENSATORY AMOUNTS FOR MILK AND MILK PRODUCTS DURING THE SECOND STAGE OF THE ACCESSION OF PORTUGAL

27. 11. 90                               Official Journal of the European Communities                                No C 297/3
                                                           Proposal for a
                                            COUNCIL REGULATION (EEC) No . . .
                                                               of . . .
                   determining the general rules for the system of accession compensatory amounts for milk
                             and milk products during the second stage of the accession of Portugal
                                                          (90/C   297/03)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas, where it becomes necessary, provision should be
                                                                       made for the possible introduction of a system for the
                                                                        advance fixing of accession compensatory amounts;
 Having regard to the Treaty establishing the European
 Economic Community,                                                   Whereas a certain amount of deflection of trade and
                                                                       distortion of competition may, in particular, occur in the
                                                                       final period of moves towards price alignment and when
                                                                       common prices are applied throughout the Community;
 Having regard to the Act of Accession of Spain and                    whereas it is therefore justified that measures intended to
 Portugal, and in particular Article 234 (2) thereof,                  avoid such deflection and distortion should apply for such
                                                                       time as is necessary,
 Having regard to the proposal from the Commission,
                                                                       HAS ADOPTED THIS REGULATION:
Whereas Article 310 of the Act of Accession provides for
 the fixing of prices, for Portugal, at a level which may be                                     Article 1
different to that of the common prices; whereas, pursuant
to Article 240 of the Act, such differences in price level are         For the purposes of this Regulation:
to be compensated for by a system of compensatory
 amounts;                                                              — 'Community of Ten' means the              Community    as
                                                                           constituted on 31 December 1985,
                                                                       — 'accession compensatory amounts' means compensatory
                                                                           amounts applicable in trade between the Community of
Whereas the accession compensatory amounts are intended
                                                                           Ten and Portugal, between Spain and Portugal and
to avoid disturbances in trade resulting from differences
                                                                           between the latter and third countries.
in prices; whereas, as a consequence, the application of
accession compensatory amounts is not required where
there is no fear of such disturbances; whereas, as regards
butter in particular, pursuant to Article 240 (2) of the Act,                                    Article 2
no such amount need be fixed given the slight difference
between the prices applicable in Portugal and the common              No compensatory amount shall be set for butter or for milk
prices;                                                               fat contained in other products.
                                                                                                Article 3
Whereas the situation as regards trade in skimmed-milk
powder, where the price applicable in the Azores differs              The accession compensatory amounts applicable for each
from that applicable in mainland Portugal, would warrant              year shall be:
setting the accession compensatory amount on the basis of
the latter price;                                                      (a) for skimmed-milk powder, equal to the difference
                                                                           between the intervention price fixed for mainland
                                                                           Portugal and the intervention price applicable in the
                                                                           Community of Ten or in Spain;
Whereas Article 311 of the Act provides that the accession
compensatory amounts for milk products other than butter              (b) for the other products listed in Article 1 of Council
and skimmed-milk powder are to be fixed using coefficients                 Regulation (EEC) No 804/68 (*), fixed using one or
to be determined; whereas, for the determination of such                   more of the following factors:
coefficients, account should be taken, in particular, of the
differences between the prices recorded on the Portuguese
market and the prices recorded in the other Member
States;                                                               (!) OJ No L 148, 28. 6. 1968, p. 13.
 ---pagebreak--- No C 297/4                              Official Journal of the European Communities                                  27. 11. 90
    — the difference between the prices recorded on the                                       Article 6
        Portuguese market and the prices recorded in the
        Community of Ten or in Spain,                              1. The following shall be determined in accordance with
    — the quantities of raw materials used in the                  the procedure laid down in Article 30 of Regulation (EEC)
                                                                   No 804/68:
        manufacture of the products concerned,
    — specific manufacturing costs.
                                                                   (a) the detailed rules for the application of this Regulation
                                                                       and, in particular, for fixing the accession
                           Article 4                                   compensatory amounts;
In trade between the Community of Ten and Portugal, or             (b) the procedure for granting and levying accession
between Spain and Portugal, accession compensatory                     compensatory amounts in order to prevent any
amounts shall be levied or granted by the Member State                 deflection of trade or distortion of competition.
concerned whose price level used for the determination of
the accession compensatory amounts is the highest.
                                                                   2. Measures to prevent any deflection of trade or
                           Article 5                               distortion of competition may continue to apply, for as
                                                                   long as is deemed necessary, after the accession
1. The accession compensatory amount applicable shall              compensatory amounts have been discontinued.
be that in force at the time of acceptance of the declaration
of import or export.
2. However, where necessary, the introduction of a
system for the advance fixing of the accession                                                Article 7
compensatory amount may be decided upon in accordance
with the procedure set out in Article 6.                           This Regulation shall enter into force on 1 January 1991.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                                         For the Council