CELEX: 31986R0472
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 472/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for poultrymeat on account of the accession of Spain

No L 53 /40                                Official Journal of the European Communities                                        1.3.86
                                            COUNCIL REGULATION (EEC) No 472/86
                                                          of 25 February 1986
                    laying down general rules for the system of accession compensatory amounts for
                                            poultrymeat on account of the accession of Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 the common organization of the market in poultry­
                                                                         meat (4), as last amended by Regulation (EEC)
                                                                         No 3768 /85 (5), the compensatory amount must be
Having regard to the Treaty establishing the European                    derived from the compensatory amount applicable to
Economic Community,
                                                                         slaughtered poultry, with the help of coefficients to be
                                                                         determined ;
 Having regard to the Act of Accession of Spain and
 Portugal , and in particular Article 89 ( 1 ) thereof,
                                                                        Whereas, pursuant to Article 6 of Regulation (EEC)
                                                                        No 467/86, the levying or granting of compensatory
Having regard to the proposal from the Commission,                      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 restric­
Whereas, pursuant to Article 72 of the Act of Acces­                    tion for products in the poultrymeat sector, in so far as
sion , differences in price levels for agricultural prod­               they are products derived from cereals, in order to
ucts between the Community as constituted at                            ensure the smooth functioning of the common organ­
31 December 1985 and Spain are to be offset by a sys­                   ization of the market ;
tem of compensatory amounts ; whereas for poultry­
meat such compensatory amounts are to be calculated
in accordance with Article 1 16 of the Act ;                           Whereas , should it prove necessary, provision should
                                                                       be made for the possibility of introducing a system for
                                                                       fixing accession monetary amounts in advance ;
Whereas the compensatory amount applicable per kilo­
gram of slaughtered poultry must be calculated on the                  Whereas a certain amount of deflection of trade and
basis of the compensatory amounts applicable to the
                                                                       distortion of competition may, in particular, occur in
quantity of feed-grain necessary for the production in
the Community of one kilogram of slaughtered poul­                     the final period of moves towards price alignment and
try ; whereas that quantity of feed-grain was fixed in                 when common prices are applied throughout the Com­
Annex 1 to Council Regulation ( EEC) No 2778 /75 of                    munity ; whereas it is therefore justified that measures
                                                                       intended to      avoid       such     deflection and distortion
29 October 1985 laying down rules for calculating the
levy and the sluice-gate price for poultrymeat ('), as last            should apply for such time as is necessary in order to
                                                                       achieve the desired end ;
amended by Regulation ( EEC) No 750/ 81 (2);
                                                                       Whereas rules should be laid down for the levying and
Whereas the compensatory amount applicable per                         granting of compensatory amounts in order to prevent
chick is to be calculated according to the same criteria ;             any deflection of trade,
Whereas the compensatory amounts applicable to feed­
grain were fixed in accordance with Council Regula­                    HAS ADOPTED THIS REGULATION :
tion ( EEC ) No 467 / 86 of 25 February 1986 laying
down general rules for the system of accession compen­
satory amounts for the cereals sector (3);
                                                                                                      Article 1
Whereas compensatory amounts are intended to prev­                      For the purposes of this Regulation :
ent disturbance in trade as a result of price differences ;
whereas there is accordingly no necessity to apply com­               — ' Community of Ten ' shall mean the Community as
pensatory amounts where there is no fear of such dis­                       constituted before the accession of the Kingdom of
turbance ;                                                                  Spain and the Portuguese Republic,
                                                                      — ' accession compensatory amount' shall mean a
Whereas, for the other products covered by Council                          compensatory amount applicable in trade between
Regulation ( EEC) No 2777 /75 of 29 October 1975 on                         the Community of Ten and Spain , and between the
                                                                             latter and third countries .
0     OJ No L 282 , 1 . 11 . 1975 , p. 84 .
0     OJ No L 80, 26 . 3 . 1981 , p. 1 .                               0     OJ No L 282 , 1 . 11 . 1975 , p. 77 .
0     See p. 25 of this Official Journal .                             0     OJ No L 362 , 31 . 12 , 1985 , p. 8 .
 ---pagebreak---  1.3.86                               Official Journal of the European Communities                              No L 53 / 41
                          A rticle 2                              2 . However, where it proves necessary, a decision
                                                                  may be made in accordance with the procedure referred
Accession compensatory amounts for slaughtered poul­              to in Article 8 , to introduce a system for fixing acces­
try and chicks shall be equal to the accession compen­            sion compensatory amounts in advance.
satory amounts applicable to the quantity of feed-grain
necessary for the production in the Community of one
kilogram of poultrymeat or of one chick .
                                                                                             Article 7
                                                                  If, for a product, an accession compensatory amount is
                          Article 3                               fixed which must be deducted from the refund on
                                                                 exports to third countries, and if the refund is less than
The accession compensatory amounts for the products              that accession compensatory amount or is not fixed ,
listed in Article 1 (2) (d) of Regulation ( EEC)                  provision may be made for the levying, on the export
No 2777 / 75 shall be derived from the accession com­             from Spain to a third country of the product concerned,
pensatory amount applicable to slaughtered poultry,              of an amount not exceeding the difference between the
with the help of coefficients expressing the ratio                accession compensatory amount and the refund, or, as
referred to in Article 5(1 ) of the abovementioned               the case may be, the accession compensatory amount .
Regulation .
                                                                 Furthermore, where refunds vary according to destina­
                                                                 tion , if the refund applicable to exports to one or more
                          Article 4
                                                                 third countries is less than the accession compensatory
                                                                 amount or is not fixed, provision may be made on
                                                                 export from Spain for the measures likely to ensure any
If Article 6 of Regulation ( EEC) No 467 / 86 is applied         levying of the amount referred to in the preceding sub­
for one or more days in the first 75 days of the quarter         paragraph .
preceding 1 August, 1 November, 1 February or 1 May,
the amount applicable as the accession compensatory
amount 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                                      Article 8
determined in the first 75 days of the preceding quarter
for cereals making up the quantity of feed-grain                 1 . The following shall be adopted in accordance with
referred to in Article 1 of Regulation ( EEC) No 2778 /         the procedure laid down in Article 17 of Regulation
75 .                                                             ( EEC) No 2777 / 75 :
However, if the amount varies by less than 5 % com­
pared with the amount determined for the preceding               (a) rules for granting and levying accession compensa­
quarter, the latter amount shall remain unchanged .                    tory amounts , in particular in order to prevent any
                                                                       deflection of trade or distortion of competition ;
                                                                 (b) detailed rules for the application of this Regula­
                          Article 5                                    tion , and in particular :
 1.   In trade between the Community of Ten and                        — for fixing accession compensatory amounts ,
Spain, accession compensatory amounts shall be levied                  — for cases in which Article 7 applies .
or granted by the Member State concerned whose level
of prices for the quantity of feed-grain laid down in
Annex I to Regulation (EEC) No 2778 /75 is the high­              2 . The accession compensatory amounts referred to in
est .                                                             Article 4 shall be fixed by the Commission .
2 . In trade between Spain and third countries , the
accession compensatory amounts shall be deducted                 3 . The measures to prevent any deflection of trade or
from levies and refunds .                                        distortion of competition may apply, for the period
                                                                  considered necessary, after the accession compensatory
                                                                  amounts have been discontinued .
                          Article 6
                                                                                             Article 9
 1 . The accession compensatory amount applicable
shall be that in force at the time of the acceptance of
the import or export declaration .                                This Regulation shall enter into force on 1 March 1986 .
 ---pagebreak--- No L 53 /42                     Official Journal of the European Communities                       1.3.86
            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