CELEX: 31986R0475
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 475/86 of 25 February 1986 laying down general rules for the system for controlling the prices and the quantities of certain products in the oils and fats sector released for consumption in Spain

1 . 3 . 86                            Official Journal of the European Communities                                No L 53 / 47
                                      COUNCIL REGULATION (EEC) No 475/86
                                                       of 25 February 1986
                  laying down general rules for the system for controlling the prices and the quantities of
                        certain products in the oils and fats sector released for consumption in Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           Whereas , in order to ensure that the Spanish market is
                                                                    supplied in the event of exceptional circumstances,
                                                                    provision should be made for the possibility of limiting
Having regard to the Treaty establishing the European               exports in accordance with Article 94 (3 ) of the Act ;
Economic Community,                                                 whereas an export-monitoring system should, however,
                                                                    be applied when market conditions are normal ;
Having regard to the Act of Accession of Spain and
Portugal , and in particular Article 89 ( 1 ) thereof,              Whereas the price-control system referred to in
                                                                    Article 94 ( 1 ) of the Act should provide for suitable
Having regard to the proposal from the Commission ,                 mechanisms, viz. fixing price limits or offsetting the
                                                                    difference between Spanish prices and imports ;
Whereas, pursuant to Article 94 of the Act of Acces­
sion, a system for controlling the quantities of certain            Whereas in the event of the Spanish production of sun­
products in the oils and fats sector which are released             flower seed exceeding domestic consumption , the seeds
for consumption in Spain must be applied until                      exported from Spain and crushed in the Community as
31 December 1990 in order to maintain those quantities              constituted on 31 December 1985 , benefit from the
at a level based on average consumption in 1983 and                 adjustment in the aid referred to in Article 95 (3 ) of the
1984 and adjusted in the light of foreseeable trends in             Act ; whereas this situation could give rise to a deflec­
                                                                    tion of trade ;
supply requirements ; whereas each year, therefore, the
quantities of those products which may be released for
consumption in Spain should be fixed and a supply
balance drawn up ;                                                  Whereas Article 89 of the Act provides for the possibil­
                                                                    ity of adopting adequate measures to avoid, in parti­
                                                                    cular, deflection of trade between Spain and the other
Whereas a system of quantitative restrictions on                    Member States ; whereas to this end a compensatory
imports, as referred to in Article 94 of the Act, should            aid should be granted to Spanish operators so as to
be introduced in the case of products or groups of                  allow them to crush sunflower seeds and to export the
products for which there is a supply shortage ; whereas,            oil therefrom under the same conditions of competition
however, the said restrictions should not apply to                  as the other Community operators ,
 imported products which are not intended for the
 domestic market and should, in the context of the over­
 all quantity to be imported from third countries, allow
 the preference, for which some of those countries are
 eligible, to be applied ;
                                                                    HAS ADOPTED THIS REGULATION :
 Whereas Article 94 of the Act specifies that in the case
 of soya, the control system should apply to oil but not
 to beans ; whereas the criteria should therefore be laid
 down for allocating among operators the quantity of oil                                      Article 1
 to be released for consumption on the Spanish market ;
 whereas the said criteria should take into account the              Subject to the conditions laid down in this Regulation ,
 situation obtaining prior to accession and the quanti­              the Kingdom of Spain shall apply the control system
 ties sold for export each year ;                                    referred to in Article 94 of the Act of Accession until
                                                                     31 December 1990 .
  Whereas Spanish operators will, as a result of acces­
  sion , lose some of their advantages with regard to
  exports ; whereas this sudden loss may cause certain
  difficulties, but these operators will still be required,
  under the control system , to export much of their prod­                                   Article 2
  uction ; whereas provision should therefore be made for
  allowing degressive national aid to be granted, if neces­          The control system shall concern the following prod­
  sary ;                                                             ucts :
 ---pagebreak---  No L 53 /48                               Official Journal of the European Communities                                   1.3.86
   CCT heading No                      Description
                                                                       2. The forecast supply balance may take into account
                                                                       traditional levels of imports and exports, if any.
 ex 12.01 B             Oil seeds and oleaginous fruit, whole or
                        broken , other than for sowing, exclud­        3 . The difference between the production referred to
                        ing soya beans                                 in paragraph 1 (b) and (c) and the supply requirements
    12.02               Flours or meals of oil seeds or oleagi­        referred to in paragraph 1 (a) and that relating to the
                        nous fruit, non-defatted (excluding            products referred to in paragraph (d), shall be
                        mustard flour)                                 expressed as an overall figure.
    15.04               Fats and oils , of fish and marine mam­
                        mals, whether or not refined
    15.07               Fixed vegetable oils, fluid or solid,
                                                                       However, a separate balance may be drawn up for cer­
    B , C and D         refined or purified, excluding olive oil       tain products or for certain uses .
    15.12               Animal or vegetable oils and fats,
                        wholly or partly hydrogenated, or soli­       4. If the balance for a product or group of products is
                        dified or hardened by any other process ,     negative, the maximum annual quantity which may be
                        whether or not refined, but not further       imported in accordance with Articles 6 and 7 shall be
                        prepared
                                                                      that corresponding to that balance .
    15.13               Margarine, imitation lard and other pre­
                        pared edible fats
                                                                      5.   The forecast supply balance shall be revised at
                                                                      regular intervals. The maximum annual quantity
                                                                      referred to in paragraph 4 may be split up.
                                                                      6 . In the case of preferential third countries, if the
                             Article 3                                protocols referred to in Article 179 of the Act of Acces­
                                                                      sion or, if there are no such protocols, the autonomous
The quantities of vegetable oil and of oil of fish and                measures adopted pursuant to Article 180 of the said
marine mammals released on the Spanish domestic                       Act, provide for quantitative restrictions, the quantities
market for direct consumption , for consumption in the                resulting from the application of the provisions referred
form of margarine or for use in the manufacture of                    to above shall , in accordance with the arrangements for
other products shall be determined, in respect of each                all third countries under this Regulation , be determined
                                                                      before those for other third countries .
calendar year, in accordance with the criteria laid down
in Article 94 ( 1 ) of the Act of Accession , and specifying
the quantities intended for human consumption (direct
or otherwise) and those intended for other uses . The
said quantities may be revised during any given year.                                           Article 5
                                                                      For the purposes of this Regulation , ' imports and
                                                                      exports' shall be taken to mean Spain 's trade with the
                                                                      Member States of the Community as constituted on
                             Article 4                                31 December 1985 , with Portugal and with third coun­
                                                                      tries .
1 . A forecast supply balance for the Spanish market
shall, before a date to be determined, be drawn up in
respect of each calendar year in the light of :
                                                                                                Article 6
(a) the quantity of oil intended for human consump­
     tion, as referred to in Article 3 ;                              The Kingdom of Spain shall make the release, for free
                                                                      circulation in its territory, of the products listed in
                                                                      Article 2 subject to the presentation of an import docu­
(b) the quantity of oil produced from seeds harvested                 ment .
     in Spain ;
(c) the quantity of soya oil produced from imported
     beans and released for consumption on the Span­                                            Article 7
     ish market ;
                                                                      1 . The Kingdom of Spain shall issue the import docu­
(d) the quantity of oil required for non-food use, and               ment to any party concerned who submits an applica­
     the quantities produced .                                       tion to that effect, irrespective of the applicant's place
                                                                     of business in the Community .
However, the first forecast supply balance shall be
drawn up in respect of the period from 1 March to                    2 . Applications for import document shall be accom­
31 December 1986 .                                                   panied by security in respect of the undertaking to
 ---pagebreak---  1.3 . 86                             Official Journal of the European Communities                                No L 53 /49
 import the products in question during the period of             shall be accompanied by security in respect of the
 validity of the document. The security shall be forfeit in       export, during a period to be determined, of any oil
 whole or in part if the products are not imported during         produced in excess of the quantity referred to in
 that period or are imported in part only .                       Article 3 .
                                                                  2 . The quantities referred to in Article 4 ( l)(c) shall
3 . Import documents shall not be issued in respect of            be allocated on the basis of the quantities allocated to
a quantity greater than that stated in the application .          each operator under the national scheme in force prior
Without prejudice to the implementation of Article 9 ,            to accession and shall take account of the quantities
when the total quantity of oil produced using the                 exported by the operator in question .
quantities stated in the applications for import docu­
ments reaches the limit specified in Article 4 (4), the
 Kingdom of Spain shall suspend the issuing of the
 documents .
                                                                                           Article 11
4. Should speculative movements cause disturbances                1 . Where necessary the Kingdom of Spain may, until
to or impair the smooth functioning of the Spanish               31 December 1990, grant national aid to oil mills in
market, appropriate measures shall be taken to remedy            order to allow soya oil produced in excess of the quant­
this .                                                           ity referred to in Article 4 ( 1 ) (c) to be exported, prov­
                                                                 ided the quantity exported does not exceed traditionl
                                                                 levels .
                                                                 2 . From 1 March to 31 December 1986 the aid granted
                          Article 8                              per tonne exported shall not exceed the amount which
                                                                 corresponds to the advantages for which each tonne of
For the purposes of Articles 7 , 13 and 14, account shall        the product was eligible in 1985 .
be taken of the oil content of the different products
listed in Article 2 . The oil content shall be fixed at a        3 . For each of the succeeding years the amount per
standard rate .                                                  tonne of the aid granted shall not exceed 90, 80, 70 and
                                                                 60 % of the aid referred to in paragraph 2 .
                                                                 4. The amounts referred to in paragraphs 2 and 3 shall
                                                                 be fixed in accordance with the procedure laid down in
                          Article 9                              Article 16 .
 1 . By way of derogation from Article 7 (3 ), any opera­
tor who undertakes to export within a certain time limit
a quantity of the product referred to in Article 2 shall                                   Article 12
benefit, under conditions to be set, from the possibility
of importing an equivalent quantity of the product.             The Kingdom of Spain shall not allow products listed
Such undertaking shall be accompanied by a security .            in Article 2 to leave its territory unless an export docu­
                                                                 ment is submitted .
2 . By way of derogation from Article 13 (4), any oper­
ator who undertakes to export within a certain time
limit a quantity of the product referred to in Article 2
shall benefit, under conditions to be set, from the possi­                                 Article 13
bility of importing an equivalent quantity of the prod­
uct. Such undertaking shall be accompanied by a secur­
ity.
                                                                  1 . The Kingdom of Spain shall issue an export docu­
                                                                 ment to any person concerned who submits an applica­
                                                                 tion to that effect, irrespective of that person 's place of
3 . However, with regard to sunflower, the compensa­             business in the Community.
tions referred to in paragraphs 1 and 2 may not be
made with other products and the export of seed may              2 . Each application for an export document must be
not be compensated for by the import of oil .                    accompanied by a security in respect of the undertak­
                                                                 ing to export the products concerned during the period
                                                                 of validity of the document. The security shall be for­
                                                                 feit in whole or in part if the products are not exported
                                                                 during that period or are exported in part only .
                          Article 10
                                                                 3 . The quantity in respect of which the export docu­
 1 . In the case of imports of soya beans the undertak­          ment is issued shall not exceed that stated in the appli­
ing referred to in Article 94 (2) of the Act of Accession        cation .
 ---pagebreak--- No L 53 / 50                          Official Journal of the European Communities                                 1.3.86
4.   Where necessary, in order to attain the objectives                                       Article 15
set out in Article 94 of the Act of Accession , a decision
may be taken in accordance with Article 38 of Regula­            The control of the level of the consumer prices referred
tion No 136/66/ EEC to limit for a certain period the            to in Article 94 ( l)(b) of the Act of Accession may,
quantity of oil for which export documents may be                where necessary, and particularly in the case of
issued, in which case, without prejudice to the provi­           Article 4 for the products referred to in Article 2
sions of Article 9, the Kingdom of Spain shall , when            include :
the oil obtained from the quantities of the products
stated in the applications reaches the limit referred to         — the fixing of minimum or maximum prices at a
                                                                      marketing stage to be determined, and
above, suspend the issuing of documents until the end
of the period in question .                                      — the introduction of a levy in respect of the differ­
                                                                      ence between Spanish prices and the prices of
5.   The quantities of oil stated in the documents which              imported products .
are issued shall be taken into account when the supply
balance is reviewed in accordance with Article 4 ( 5 ).
                          Article 14                                                          Article 16
If in the case of sunflower, colza and rape seed oil , the       The detailed rules for the application of this Regulation
supply balance drawn up in accordance with Article 4             shall be adopted in accordance with the procedure laid
is positive, compensatory aid covering the difference            down in Article 38 of Regulation No 136/66/ EEC of
between the price of Spanish seeds and world prices,             the Council of 22 September 1966 on the establishment
less the import duty charged in Spain on the quantity            of a common organization of the market in oils and
of cakes, corresponding to the use of the seeds in ques­         fats ('), as last amended by Regulation ( EEC)
tion shall be granted in respect of a quantity of sun­           No 3768 /85 (2).
flower, colza and rape seeds harvested in Spain and
used for the production of oil intended for export,
provided the said quantity does not exceed that corres­
ponding to the supply balance . The amount of that aid
shall be fixed by the Commission at regular intervals .                                       Article 17
Exports made pursuant to this Article jnay not benefit
from the provisions of Article 9 .                               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 172, 30.9. 1966, p. 3025 /66.
                                                                 ( 2) OJ No L 362 , 31 . 12 . 1985 , p. 8 .