CELEX: 51986PC0071
Language: en
Date: 1986-02-10
Title: Proposal for a COUNCIL REGULATION (EEC) laying down general rules for the system of accession compensatory amounts for eggs on account of the accession of Spain (submitted to the Council by the Commission)

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COM (86) 071
Vol. 1986/0029
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0M(86) 71 final
                                                 Brussels, 25 February 1986
                                Proposal for a
                           COUNCIL REGULATION (EEC)
     laying down general rules for the system of accession compensatory
            amounts for eggs on account of the accession of Spain
C0MC86) 71 final
 ---pagebreak--- VI/D/3
              •  " V
                              EXPLANATORY MEMORANDUM
In accordance with Article 72 of the Act of Accession, differences in price
levels for agricultural products between the Community as constituted at
31 December 1985 and Spain are to be offset by accession compensatory
amounts.   For eggs, such amounts are to be calculated in accordance with
Article 116 of the Act, i.e. for basic products (eggs for consumption and eggs
for hatching), on the basis of the compensatory amounts applicable to the
quantity of feed-grain necessary for their production in the Community, and
for the other products governed by the common organization of the market such
amounts are to be derived from the compensatory amounts applicable to eggs in
shell, with the help of coefficients to be determined.
Since the compensatory amounts for eggs should reflect the variation in cereal
prices fixed by the Council for the basic products they should be fixed at a
level equal to the amounts applicable to that quantity of feed-grain.    For the
other products^ the coefficients for deriving them should be those used for
calculating the levies. Under the terms of Regulation (EEC) No       /86 on
application of the ACAs in trade in glucose, lactose, ovalbumin and
 lactalbumin (proposal) the compensatory amounts for albumins are to be
calculated in corresponding fashion using the same coefficients as for
calculation of the imp££t charge.    It is proposed that the Commission should
adopt the compensatory amounts for all the products in the sector, including
albumins,   in accordance with the management committee procedure.
 As in the case of previous accessions, provision should be made to ensure th
 smooth functioning of the common organization of the market, and in particul
 in the case of adjustments to the ACAs applicable to feed-grain and in cases
 where the refund is less than the compensatory amount or where no refund is
 f ixed.
 Since the accession of Portugal is to involve two stages for eggs, this draf t
 is confined to compensatory amounts applicable in trade with Spain.
 ---pagebreak---                         COUNCIL REGULATION (EEC)
    laying down general rules for the system of accession compensatory amounts
                   for eggs on account of the accession of 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, pursuant to Article 72 of the Act, differences in he price levels for
agricultural products between the Community as constituted at 31 December 1985
and Spain are to be offset by a system of compensatory amounts; whereas for
eggs such compensatory amounts are to be calculated in accordance with Article
 115 of the Act;
Whereas the compensatory amount applicable per kilogram of eggs in shell must
be calculated on the basis of the compensatory amounts applicable to the
quantity of feed-grain necessary for the production in the Community of one
kilogram of eggs in shell; whereas that quantity of feed-grain was fixed in
Annex I to Council Regulation (EEC) No 2773/75 of 29 October 1975 laying down
rules for calculating the levy and the sluice-gate price for eggs (1);
Whereas the compensatory amount applicable per egg for hatching is to be
calculated according to the same criteria;
Whereas the compensatory amounts applicable to feed-grain were fixed in
accordance with Council Regulation (EEC) No         /   of                    1986
laying down general rules for the system of accession compensatory amounts for
the cereals sector (2);
(1) OJ No L 282, 1.11.1975, p. 64
(2) OJ No L     ,            p.
 ---pagebreak---                                        - 2 -
 Whereas compensatory amounts are intended to prevent disturbance in trade as a
 result of price differences; whereas there is accordingly no necessity to
 apply compensatory amounts where there is no fear of such disturbance;
 Whereas, for the other products covered by Council Regulation (EEC) No 2771/75
 of 29 October 1975 on the common organization of the market in eggs (3), the
 compensatory amount must be derived from the compensatory amount applicable to
 eggs in shell, with the help of coefficients to be determined;
Whereas, pursuant to Article 6 of Regulation (EEC) No      /8b, the levying or
granting of compensatory amounts applicable to cereals may be restricted to
deal with the eventuality referred to in Article 72(5) of the Act; whereas
account must be taken of such a restriction for products in the eggs sector,
insofar as they are products derived from cereals, to ensure the smooth
functioning of the common organization of the market;
Whereas rules should be laid down for the levying and granting of compensatory
amounts in order to prevent any deflection of trade,
HAS ADOPTED THIS REGULATION:
(3) OJ No L 282, 1.11.1975, p. 47
(4) OJ No L 282, 1.11.1975, p. 104
 ---pagebreak---                                         _ 3 -
                                      Article I
 For the purposes of this Regulation:
 - "Community of Ten" shall mean the Community as constitued before the
 accession of the Kingdom of Spain nd the Portuguese Republic;
     "accession compensatory amount" shall mean a compensatory amount
     applicable in trade between:
     -  the Community of Ten and the Kingdom of Spain,
     -  the Community of Spain and third countries.
                                     Article 2
Accession  compensatory amounts for eggs in shell shall be equal to the
accession  compensatory amounts applicable to the quantity of feed-grain
necessary  for the production in the Community of one kilogram of eggs in shell
or of one  egg for hatching.
                                     A rticle 3
The accession compensatory amounts for the products listed in Article l(l)(b)
of Regulation (EEc) No 2771/75 shall be derived from the accession
compensatory amount applicable to eggs in shell other than eggs for hatching,
with the help of coefficients expressing the ratio referred to in Article 5(2)
of the above mentioned Regulation.
                                     Article A
If Article 6 of Regulation (EEC) No       /86 is applied for one or more days in
the first 75 days of the quarter preceding 1 August, L November, 1 February or
1 May, the accession compensatory amount applicable during the following
quarter for the products referred to in Articles 2 and 3 shall be determined
on a quarterly basis according to the average of the amounts determined in the
first 75 days of the preceding quarter for cereals up to the quantity of
feed—grain referred to in Article 1 of Regulation (EEC) No 2773/75.
However, if the amount varies by less than five per cent compared with the
amount determined for the preceiding quarter, the latter amount shall remain
unchanged.
 ---pagebreak---                                         - 4 -
                                      ArticLe 5
 1.  In trade between the Community of Ten and Spain, the accession
     compensatory amounts shall be levied or granted by the Member State
     concerned whose level of prices for the quantity of feed-grain laid down  i
     in Annex I to Regulation (EEC) No 2773/75 is the highest.
 2.  In trade between Spain and third countries, the accession compensatory
     amounts shall be deducted from levies and refunds.
                                     A rticle 6
The accession compensatory amount applicable shall be that in force on the day
of import or export.
                                     Article 7
If, for a product, an accession compensatory amount is fixed which must be
deducted from the refund on exports tothird countries and if the rotund is
less than that accesson compensatory amount or is not fixed, provision may be
made for the levying, on the export from Spain to a third country of the
product in question, of an amount (not exceeding) the difference between the
accession compensatory amount and the refund, or, as the case may be, the
Accession compensatory amount.
Furthermore, where refunds vary according to destination if the refund
applicable to exports to one or more third countries is less tha tne accession
compensatory amount or is not fixed, provision may be made on export from
Spain for the necessary measures to ensure the levying of any amount as
referred to in the preceding subparagraph.
                                    Article 8
1.  The following shall be determined in accordance with the procedure laid
    down in Article 17 of Regulation (EEC) No 2771/75:
    a) rules for granting and levying accession compensatory amounts, in
       particular in order to prevent any deflection of trade or distortion of
       competition;
    b) detdailed rules for the application of this Regulation, and in
       particular:
       - for fixing accession compensatory amounts,
       - fqr cases in which Article ft applies.
           1                        *
 ---pagebreak---                                       - 5 -
2.  The accession compensatory amounts referred to in Article 5 shall be fixed
    by the Commission.
3.  The measures to prevent any deflection of trade or distortion of
    competition may apply, for the period considered necessary, after the
    accession compensatory amounts have been discontinued.
                                    Article 9
This Regulation shall enter into force on L March 1986.
This Regulation shall be binding in its entirety and direclty applicable in
all Member States.
Done at Brussels,                                For the Council
                                                 The President
 ---pagebreak---                            FINANCIAL STATEMENT
                               ENLARGEMENT
Budget heading - Part B, Titles 1 and 2 - EAGGF Guarantee Section
This draft Regulation constitutes a measure implementing the Act o
Accession.
The financial implications have been followed for by the Commissio
in its assessment of the effect of enlargement in the 1 9 8 6 Nbudget
(567 million ECU).