CELEX: 31986R0476
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 476/86 of 25 February 1986 laying down general rules for the mechanism for controlling the prices and the quantities of certain products in the oils and fats sector released for consumption in Portugal

1.3.86                                 Official Journal of the European Communities                                   No L 53 / 51
                                      COUNCIL REGULATION (EEC) No 476/86
                                                       of 25 February 1986
                  laying down general rules for the mechanism for controlling the prices and the quantities
                      of certain products in the oils and fats sector released for consumption in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            scheme, be allowed to crush those seeds and export the
                                                                     oil thereof under the same conditions of competition as
                                                                     other Community traders,
Having regard to the Treaty establishing the European
Economic Community,
                                                                     HAS ADOPTED THIS REGULATION :
Having regard to the Act of Accession of Spain and
Portugal , and in particular Article 234 (2) thereof,
                                                                                               Article 1
Having regard to the proposal from the Commission ,
                                                                     Subject to the conditions laid down in this Regulation,
                                                                     the Portuguese Republic shall apply the control
Whereas, pursuant to Article 292 of the Act of Acces­                mechanism referred to in Article 292 of the Act of
sion , a mechanism for controlling the quantities of cer­            Accession until 31 December 1990 .
tain products in the oils and fats sector which are
released for consumption in Portugal must be applied
until 31 December 1990 in order to maintain those
quantities at a level based on average consumption in                                          Article 2
 1980 and 1983 and adjusted in the light of foreseeable
trends in supply requirements ; whereas each year,                   1 . The mechanism for controlling the quantities
therefore, the quantities of those products which may                released for consumption on the Portuguese domestic
be released for consumption in Portugal should be                    market shall concern the following products :
fixed and a supply balance drawn up ;
                                                                        CCT heading No                   Description
Whereas a system of quantitative restrictions on
imports, as referred to in Article 292 of the Act, should                12.01 B          Oilseeds and oleaginous fruit, whole or
be introduced in the case of products or groups of                                        broken , other than for sowing
products for which there is a supply shortage ; whereas,                 12.02            Flours or meals of oilseeds or oleagi­
however, the said restrictions should not apply to                                        nous fruit, non-defatted ( excluding
imported products which are not intended for the                                          mustard flour)
 domestic market and should, in the context of the over­             ex 15.07             Fixed vegetable oils , fluid or solid ,
 all quantity to be imported from third countries, allow                 B, C, D          refined or purified , excluding olive oil ,
the preference, for which some of those countries are                                     intended for human consumption
 eligible, to be applied ;                                           ex 15.12             Animal or vegetable oils and fats,
                                                                                          wholly or partly hydrogenated , or soli­
                                                                                          dified or hardened by any other process,
 Whereas, in order to ensure that the Portuguese market                                   whether or not refined, but not further
 is supplied in the event of exceptional circumstances,                                   prepared , intended for human con­
 provision should be made for the possibility of limiting                                 sumption
 exports in accordance with Article 292 (3 ) of the Act ;
 whereas an export-monitoring system should, however,
 be applied when market conditions are normal ;
                                                                     2.    Portugal shall adopt suitable measures to ensure
                                                                     that products falling within subheadings 15.07 B, C and
 Whereas , in order to ensure the price-control referred to          D and heading No 15.12 of the Common Customs Tar­
 in Article 292 ( 1 ) of the Act, suitable arrangements              iff , which are imported, for purposes other than human
 should be provided for ; whereas such arrangements                  consumption , and are not covered by the control
 could take the form of fixing price limits or offsetting            mechanism , are used for the purpose stated .
 the difference between Portuguese prices and prices of
 imports ;
                                                                                               Article 3
 Whereas the aid for seeds produced in Portugal and
 exported and crushed in the Community is adjusted in                The quantities of vegetable oil intended for human
accordance with Article 293 (3 ) of the Act ; whereas                consumption and released on the Portuguese domestic
 Portuguese operators should , via a compensatory aid                market for direct consumption , for consumption in the
 ---pagebreak--- No L 53 / 52                              Official Journal of the European Communities                                    1.3 . 86
form of margarine or for use in the manufacture of                   with the Member States of the Community as consti­
other products shall be determined, in respect of each               tuted on 31 December 1985 , with Spain and with third
calendar year, in accordance with the criteria laid down             countries .
in Article 292 ( 1 ) of the Act of Accession . They may be
revised during any given year.
                                                                                                Article 6
                                                                     The Portuguese Republic shall make the release, for
                                                                     free circulation in its territory, of the products listed in
                            Article 4                                Article 2 subject to the presentation of an import docu­
                                                                     ment .
1 . A forecast supply balance for the Portuguese mar­
ket shall , before a date to be determined, be drawn up                                         Article 7
in respect of each calendar year in the light of:
                                                                      1 . The Portuguese Republic shall issue the import
(a) the quantity of oil intended for human consump­                  document to any party concerned who submits an
      tion, as referred to in Article 3 ;                            application to that effect, irrespective of the applicant's
                                                                     place of business in the Community .
(b) the quantity of oil produced from seeds produced
      in Portugal .                                                  2 . Applications for import documents must be accom­
                                                                     panied by security in respect of the undertaking to
However, the first forecast supply balance shall be                  enter the products in question for consumption during
drawn up in respect of the period from 1 March to                    the period of validity of the document. The security
31 December 1986 .                                                   shall be forfeit in whole or in part if the products are
                                                                     not imported during that period or are imported in part
2 . The forecast supply balance may take into account                only .
traditional import and export levels, if any.
                                                                     3 . Import documents shall not be issued in respect of
3 . The difference between the production referred to                a quantity greater than that stated in the application .
in paragraph 1 (b) and the supply requirements referred              Without prejudice to the provisions of Article 9, when
to in paragraph 1 (a) shall be expressed as an overall               the total quantity of oil produced using the quantities
figure .                                                             stated in the applications reaches the limit specified in
                                                                     Article 4 (4), the Portuguese Republic shall suspend the
                                                                     issuing of the documents .
However, a separate balance may be drawn up for cer­
tain products or for certain uses .
                                                                     4. Should speculative movements bring about dis­
4. If the balance for a product or group of products is              turbances or impair the smooth running of the
                                                                     Portuguese market, appropriate measures shall be taken
negative, the maximum annual quantity which may be
                                                                     to remedy the situation .
imported in accordance with Articles 6 and 7 shall be
corresponding to that balance .
                                                                                                Article 8
5 . The forecast supply balance shall be revised at
regular intervals, and the maximum annual quantity
referred to in paragraph 4 may be split up . This revision           For the purposes of Articles 7 (3 ) and 12(3 ), account
shall take into account any exports made .                           shall be taken of the oil content of the different prod­
                                                                     ucts listed in Article 2 . The oil content shall be fixed at
                                                                     a standard rate .
6 . In the case of preferential third countries, if the
protocols referred to in Article 366 of the Act of Acces­
sion or, if there are no such protocols, the autonomous
                                                                                                 Article 9
measures adopted pursuant to Article 367 of the said
Act, provide for quantitative restrictions, the quantities
resulting from the application of the provisions referred              1 . By way of derogation from Article 7 (3 ), any opera­
to above shall, in accordance with the arrangements for               tor who undertakes to export within a certain time limit
 all third countries under this Regulation , be determined            a quantity of the product referred to in Article 2 shall
before those for other third countries .                              benefit, under conditions to be set, from the possibility
                                                                      of importing an equivalent quantity of the product.
                                                                      Such undertaking shall be accompanied by a security.
                            Article 5                                 2 . By way of derogation from Article 1 1 (4), any oper­
                                                                     ator who undertakes to export within a certain time
 For the purposes of this Regulation, ' imports and                  limit a quantity of the product referred to in Article 2
exports ' shall be taken to mean Portugal 's trade both              shall benefit, under conditions to be set, from the possi­
 ---pagebreak---  1 . 3 . 86                             Official Journal of the European Communities                              No L 53 / 53
bihty of importing an equivalent quantity of the prod­                                          Article 12
uct. Such undertaking shall be accompanied by a secur­
ity .                                                               Compensatory aid covering the difference between the
                                                                    price of Portuguese seeds and world prices, less the
                                                                    import duty charged in Portugal on the quantity of
                          Article 10                                cakes corresponding to the use of the seeds in question
                                                                    shall be granted in respect of a quantity of sunflower
The Portuguese Republic shall not allow products                    seeds harvested in Portugal and used for the produc­
listed in Article 2 to leave its territory unless an export         tion of oil intended for export. The amount of the aid
document is submitted .                                             shall be fixed by the Commission at regular intervals.
                                                                    Exports made under this Article may not benefit from
                                                                    the provisions of Article 9 .
                          Article 11
 1 . The Portuguese Republic shall issue an export                                             Article 13
document to any person concerned who submits an
application to that effect, irrespective of that person 's
place of business in the Community .                               The control of the level of the consumer prices referred
                                                                   to in Article 292 ( 1 ) (b) of the Act of Accession may,
2 . Each application for an export document must be                where necessary, and particularly in the case of
accompanied by security in respect of the undertaking              Article 9, for the products referred to in Article 2,
                                                                   include :
to export the products concerned during the period of
validity of the document. The security shall be forfeit in         — the fixing of minimum or maximum prices at a
whole or in part if the products are not exported during                marketing stage to be determined, and
that period or are exported in part only.                          — the introduction of a levy in respect of the differ­
                                                                        ence between Portuguese prices and those of
3 . The quantity in respect of which the export docu­                   imported products .
ment is issued shall not exceed that stated in the appli­
cation .
4.      Where necessary, in order to attain the objectives                                     Article 14
set out in Article 292 of the Act of Accession, a deci­
sion may be taken in accordance with the procedure                 The detailed rules for the application of this Regulation
referred to in Article 14 to limit for a certain period the        shall be adopted in accordance with the procedure laid
quantity of oil for which export documents may be                  down in Article 38 of Regulation No 136/66/ EEC of
issued . In that case, without prejudice to the applica­           the Council of 22 September 1966 on the establishment
tion of Article 9 , Portugal shall , when the oil obtained         of a common organization of the market in oils and
from the quantities of the products stated in the appli­           fats (') as last amended by Regulation (EEC)
cations reaches the limit referred to above, suspend the           No 3768 /85 (2).
issuing of documents until the end of the period in
question .
5 . The quantities of oil stated in the documents which                                        Article 15
are issued shall be taken into account when the supply
balance is reviewed in accordance with Article 4 (5).              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, 25 February 1986 .
                                                                           For the Council
                                                                             The President
                                                                              G. BRAKS
                                                                   (') OJ No 1 72, 30. 9. 1 966, p. 3025/66.
                                                                   (-)  OJ No L 362, 31 . 12 . 1985 , p. 8 .