CELEX: 31986R0473
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 473/86 of 25 February 1986 laying down the general rules for the system of accession compensatory amounts for olive oil

1.3.86                                       Official Journal of the European Communities                               No L 53 / 43
                                            COUNCIL REGULATION (EEC) No 473/86
                                                            of 25 February 1986
                 laying down the general rules for the system of accession compensatory amounts for olive
                                                                     oil
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 the final period of moves towards price alignment and
                                                                         when common prices are applied throughout the Com­
                                                                         munity ; whereas it is therefore justified that measures
Having regard to the Treaty establishing the European                    intended    to     avoid such    deflection and  distortion
Economic Community,                                                      should apply for such time as is necessary in order to
                                                                         achieve the desired end ,
Having regard to the Act of Accession of Spain and
Portugal , and in particular Articles 72 (5 ), 89 ( 1 ), 234 (2)
and 240 (5) thereof,                                                     HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ,
                                                                                                    A rticle 1
Whereas Articles 68 , 70, 236 and 238 of the Act of
Accession provide for the fixing of prices for Spain and                 For the purposes of this Regulation :
Portugal at a level which may be different from the
common price levels ; whereas , pursuant to Articles 72                  (a) 'Community of Ten ' shall mean the Community as
and 240 of the Act, those differences in price are to be                      constituted before the accession of the Kingdom of
offset by a system of compensatory amounts ;                                  Spain and the Portuguese Rebublic ;
Whereas, in the olive oil sector, Articles 68 , 72 , 236 and             (b) ' accession compensatory amounts ' shall mean the
240 of the Act apply to the intervention price ;                              compensatory amounts applicable in trade
                                                                              between :
                                                                              — the Community of Ten and the new Member
Whereas,     pursuant       to      Article 1 1   of    Regulation                 States ,
No 136/66/ EEC of the Council of 22 September 1966
on the establishment of a common organization of the
market in oils and fats ('), at last amended by Regula­
                                                                              — the new Member States in respect of each
                                                                                  other,
tion ( EEC) No 3768 / 85 (2), a consumption aid is
granted for oil produced and marketed within the                              — the new Member States and third countries .
Community ; whereas, pursuant to Articles 92(4) and
290 (4) of the Act, the accession compensatory amount
referred to above is to be corrected , as appropriate, by
the effect of the difference between the Community
                                                                                                    Article 2
consumption aid applicable in the Community of Ten
and that applicable in Spain and Portugal ;
                                                                          1 . The accession compensatory amount applicable in
                                                                         trade between the Community of Ten and a new Mem­
Whereas the applicable compensatory amount for                           ber State for olive oil falling within subheading 15.07 A
products containing olive oil must take account of the                   of the Common Customs Tariff, with the exception of
 oil content of such products, and whereas in the case of                the oils referred to in paragraphs 2 and 3 of this Article,
refined oils account should be taken of the amount of                    shall be equal to the difference between the interven­
 crude oil required for their manufacture ;                              tion price fixed for the Community of Ten and the
                                                                         intervention price fixed for the new Member State .
 Whereas, should it prove necessary, provision should
be made for the possibility of introducing a system for                  2 . The accession compensatory amount applicable in
 fixing accession compensatory amounts in advance ;                      trade between the Community of Ten and a new Mem­
                                                                         ber State for olive oil falling within subhead­
                                                                         ings 15.07 Ala) and 15.07 A II , which is prepared for
 Whereas a certain amount of deflection of trade and                      market in accordance with the conditions laid down for
 distortion of competition may, in particular, occur in                   the granting of consumption aid , shall be the amount
                                                                          resulting from the application of paragraph 1 corrected
                                                                          by the difference between the consumption aid appli­
 0    OJ No 172, 30 . 9 . 1966, p . 3025 /66 .                            cable in the Community of Ten and that applicable in
 0    OJ No L 362, 31 . 12 . 1985 , p. 8 .                                the new Member State .
 ---pagebreak---  No L 53 /44                            Official Journal of the European Communities                                  1.3 . 86
If the difference between the consumption aid appli­               ( b) the accession compensatory amount referred to in
cable in the Community of Ten and in the new Mem­                       Article 2 (2) shall be charged or granted by which­
ber State exceeds the amount referred to in para­                       ever of the two Member States concerned whose
graph 1 , the resultant difference shall be applied .                   intervention price, less the consumption aid , is the
                                                                        higher.
3 . The accession compensatory amount applicable in
trade between the Community of Ten and a new Mem­
ber State for olive oil originating in third countries and                                   Article 5
falling within subheading 15.07 A of the Common Cus­
toms Tariff shall be equal to that provided for in para­
graph 2 .                                                          The accession compensatory amount applicable shall
                                                                   be the amount which is in force at the time of the
                                                                   acceptance of the import or export declaration .
4.   In trade between the new Member States, the
accession compensatory amount shall be equal to the
difference between the accession compensatory                      However, should it prove necessary, a decision may be
amount applicable in trade between the Community of                made, in accordance with the procedure referred to in
Ten and Spain, and the accession compensatory                      Article 7 to introduce a system for fixing accession
amount applicable in trade between the Community of                monetary amounts in advance .
Ten and Portugal .
5.   The compensatory amount applicable in trade
between a new Member State and third countries for                                           A rticle 6
olive oil falling within subheading 15.07 A of the Com­
mon Customs Tariff shall be equal to the amount prov­              If an accession compensatory amount which must be
ided for in paragraph 2 .                                          deducted from the export refund to third countries is
                                                                   fixed for a product, and if the refund is less than that
However, for the export of olive oil originating in the            accession compensatory amount or is not fixed , provi­
Community other than that referred to in the first sub­            sion may be made for the charging, on export of the
paragraph of paragraph 2 , the compensatory amount                 product concerned from a new Member State to a third
applicable shall be equal to the amount provided for in            country, of an amount not exceeding the difference
paragraph 1 .                                                      between the accession compensatory amount and the
                                                                   refund, or, as the case may be, the accession compensa­
                                                                   tory amount .
6 . For olive oil falling within tariff subhead­
ing 15.07 A II , it may be decided to weight the acces­
sion compensatory amount with a coefficient taking                 Furthermore, if the refund for exports to one or more
into account the quantity of olive oil falling within tar­         third countries is less than the accession compensatory
iff subheading 15.07 A I required for its production .             amount or is not fixed, provision may be made on
                                                                   export for the measures likely to ensure the smooth
                                                                   functioning of the common organization of the olive
                                                                   oil market and the maintenance of trade flows .
                            Article 3
The accession compensatory amounts applicable to                                             Article 7
products containing oil referred to in Article 17 of
 Regulation No 136/66/ EEC shall be calculated from                 1 . The following shall be adopted in accordance with
the accession compensatory amount applicable, pur­                 the procedure laid down in Article 38 of Regulation
suant to Article 2 ( 1 ), on the basis of the oil content of       No 136 / 66 / EEC :
the products in question .
                                                                   (a) detailed ryles for the granting and charging of
                                                                        accession compensatory amounts in order in parti­
                                                                        cular to prevent any deflections of trade or distor­
                            Article 4                                   tions of competition ;
In intra-Community trade involving at least one new                (b) detailed rules for the application of this Regula­
Member State :
                                                                        tion , and in particular the cases in which Article 6
                                                                        shall apply .
(a) the accession compensatory amount referred to in
     Article 2 ( 1 ) shall be charged or granted by which­
     ever of the two Member States concerned whose                 2 . Measures to prevent any deflections of trade or dis­
     intervention price is the higher ;                            tortions of competition may apply, for as long as
 ---pagebreak--- 1.3.86                             Official Journal of the European Communities                            No L 53 /45
deemed necessary, after the abolition of the accession                                Article 8
compensatory amounts .
                                                              This Regulation shall enter into force on 1 March 1986.
3 . The accession compensatory amounts shall be
fixed by the Commission .
               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