CELEX: 51990PC0407(17)
Language: en
Date: 1990-10-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES FOR THE SYSTEM OF ACCESSION COMPENSATORY AMOUNTS APPLICABLE TO CEREALS AND RICE DURING THE SECOND STAGE OF THE ACCESSION OF PORTUGAL

27. 11. 90                                   Official Journal of the European Communities                                 No C 297/31
                                                                Proposal for a
                                                 COUNCIL REGULATION (EEC) No . . .
                                                                    of . . .
                       laying down general rules for the system of accession compensatory amounts applicable to
                                    cereals and rice during the second stage of the accession of Portugal
                                                               (90/C 297/17)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                    Whereas, in the case of products processed from cereals,
                                                                            the accession compensatory amounts must be calculated in
                                                                             accordance with Article 322 (2) of the Act of Accession as
                                                                            rectified (6); whereas the coefficients should be determined
 Having regard to the Treaty establishing the European
 Economic Community,                                                         in accordance with the procedure laid down in Article 26 of
                                                                            Regulation (EEC) No 2727/75;
 Having regard to the Act of Accession of Spain and                         Whereas a certain amount of deflection of trade and
 Portugal, and in particular Article 234 (2) thereof,                       distortion of competition may, in particular, occur in the
                                                                            final period of price alignment and when common prices
                                                                            are applied throughout the Community; whereas it is
 Having regard to the proposal from the Commission,                         therefore justified that measures intended to prevent such
                                                                            deflection and distortion should apply for such time as is
 Whereas Council Regulation (EEC) No 000/00 of . . .                        necessary,
 laying down transitional provisions for the common
 organization of the market in cereals and rice in
 Portugal ( ! ) provides for the price of common wheat and of               HAS ADOPTED THIS REGULATION:
 rice in Portugal to be different from the common price;
 whereas, pursuant to Article 240 of the Act of Accession,
 these price differences are to be offset by a system of                                               Article 1
 accession compensatory amounts;
                                                                            For the purposes of this Regulation:
 Whereas accession compensatory amounts are intended to                     — 'accession compensatory amounts' means compensatory
prevent disturbances to trade resulting from price                               amounts applicable to trade between:
 differences; whereas the application of compensatory
                                                                                 — Portugal and the other Member States,
 amounts is therefore not required where such disturbances
 are unlikely to occur;                                                          — Portugal and third countries.
Whereas, in the cereals and rice sector, the prices to be                                              Article 2
 taken into consideration are the intervention prices;
whereas, however, following the amendments to the                           1. For each marketing year the accession compensatory
 intervention arrangements provided for in Council                         amount shall be:
Regulation (EEC) No 2727/75 of 29 October 1975 on the
common organization of the market in cereals (2), as last                  — for common wheat, equal to the difference between the
amended by Regulation (EEC) No 1340/90 ( 3 ), and in                             buying-in price applicable in Portugal and the buying-in
Council Regulation (EEC) No 1418/76 of 21 June 1976                              price applicable in the other Member States,
on the common organization of the market in rice ( 4 ), as
                                                                           — for paddy rice, equal to the difference between the
last amended by Regulation (EEC) No 1806/89 ( 5 ),
                                                                                 buying-in price applicable in Portugal and the buying-in
buying-in is to be carried out at a level lower than the
                                                                                 price applicable in the other Member States; this
intervention price; whereas that level, which henceforth
                                                                                 difference may be corrected in order to ensure
constitutes the actual guarantee to the producer, must
                                                                                 comparability     of    the    products    taken    into
accordingly serve as the basis for calculating the accession
                                                                                 consideration,
compensatory amounts;
                                                                           — for husked rice, that applicable to paddy rice converted
                                                                                 by means of the conversion rate referred to in Article 1
                                                                                 of Commission Regulation No 467/67/EEC ( 7 ),
(') See page 28 of this Official    Journal.
(2)  O J N o L 2 8 1 , 1. 11. 1975, p. 1.
(3)  OJ No L 134, 28. 5. 1990,      p. 1.
(4)  OJ No L 166, 25. 6. 1976,      p. 1.                                  (6) OJ No L 116, 4. 5. 1988, p. 27.
(5)  OJ No L 177, 24. 6. 1989,      p. 1.                                  (7) OJ No L 204, 24. 8. 1967, p. 20.
 ---pagebreak--- No C 297/32                             Official Journal of the European Communities                                  27. 11. 90
     for wholly-milled rice, that applicable to husked rice                                   Article 4
     converted by means of the conversion rate referred to
     in Article 1 of Regulation No 467/67/EEC,                     1. The accssion compensatory amount applicable shall be
                                                                   that in force on the date of acceptance of the import or
     for semi-milled rice, that applicable to wholly-milled        export declaration.
     rice converted by means of the conversion rate referred
     to in Article 1 of Regulation No 467/67/EEC,                  2. However, where necessary, a decision may be taken in
                                                                   accordance with the procedure laid down in Article 5 to
     for broken rice, equal to the difference between the
                                                                   introduce a system for the advance fixing of the accession
     price of broken rice recorded on the Portuguese market
                                                                   compensatory amount.
     and the threshold price fixed for this product in the
     Community.
                                                                                             Article 5
 2. For the products referred to in Article 1 (c) and (d) of
Regulation (EEC) No 2727/75, the accession com-                    1. The following shall be determined in accordance with
pensatory amounts shall be derived from those applicable          the procedure laid down in Article 26 of Regulation (EEC)
                                                                  No 2727/75 or, as appropriate, Article 27 of Regulation
to the cereals to which they relate, with the help of
                                                                   (EEC) No 1418/76:
coefficients to be determined on the basis of the impact on
the price of the product concerned of the application of the       (a) detailed rules for the granting and levying of accession
compensatory amount to the price of the corresponding                  compensatory amounts, particularly with a view to
basic product.                                                         preventing deflection of trade and distortion of
                                                                       competition;
3. For the products referred to in Article 1 (c) of                (b) the coefficients provided for in Article 2 (2) and (3);
Regulation      (EEC)     No     1418/76,    the    accession
compensatory amounts shall be derived from those                  (c) detailed rules for the application of this Regulation and
applicable to broken rice with the help of coefficients to be          in particular the fixing of accession compensatory
determined on the basis of the impact on the price of the              amounts.
product concerned of the application of the compensatory
amount to the price of broken rice.                               2. Measures to prevent deflections of trade and distortion
                                                                  of competition may be applied, for the period deemed
                                                                  necessary, after the abolition of the accession
                                                                  compensatory amounts.
                           Article 3
In trade between Portugal and the other Member States,                                       Article 6
the accession compensatory amounts shall be charged or
granted by Portugal.                                              This Regulation shall enter into force on 1 January 1991.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                                        For the Council