CELEX: 31986R0468
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 468/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for rice on account of the accession of Spain

No L 53 /28                              Official Journal of the European Communities                                   1.3.86
                                           COUNCIL REGULATION (EEC) No 468/86
                                                         of 25 February 1986
                   laying down general rules for the system of accession compensatory amounts for rice on
                                                   account of the accession of Spain
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas, pursuant to Article 117 (6) of the Act the
                                                                       compensatory amount for broken rice is fixed at a level
                                                                       which takes account of the difference between the sup­
Having regard to the Treaty establishing the European                  ply price in Spain and the threshold price ;
Economic Community,
                                                                       Whereas, for products processed from rice, the acces­
 Having regard to the Act of Accession of Spain and                    sion compensatory amounts must be calculated in
 Portugal , hereinafter referred to as the 'Act', and in               accordance with Article 1 17 (5) of the Act ; whereas the
 particular Article 89 ( 1 ) thereof,                                  coefficients referred to in the said Article should be
                                                                       determined in accordance with the procedure laid
 Having regard to the proposal from the Commission ,                   down in Article 27 of Regulation (EEC) No 1418/76 ;
 Whereas Articles 68 and 70 of the Act lay down that,                  Whereas, in case it should be necessary, provision
 for Spain , prices may be fixed at different levels from              should be made for the introduction of a system for the
 the common prices ; whereas, by virtue of Article 72 of               advance fixing of the accession compensatory amount ;
 the Act, such differences in price levels must be com­
 pensated for by a system of compensatory amounts ;
                                                                       Whereas, in order to ensure more efficient management
                                                                       of the market and to facilitate trade operations, rules
 Whereas the compensatory amounts are designed to                      should be laid down in order to prevent excessively fre­
 prevent disturbances to trade resulting from the differ­              quent variations in the accession compensatory
 ences in prices ; whereas compensatory amounts will                   amounts where Article 72 (5) of the Act is applied ;
 therefore not have to be applied in cases where such
 disturbances are unlikely to occur ;
                                                                       Whereas Article 73 of the Act lays down that appro­
Whereas Articles 68 , 70 and 72 of the Act apply to the                priate measures may be taken with a view to ensuring
intervention price for rice ;                                          the proper functioning of the common organization of
                                                                       the market if the export refund is less than the compen­
                                                                       satory amount or if no refund is applicable ; whereas
Whereas the production refund referred to in Article 9                 such measures may in particular provide for the levying
of Council Regulation (EEC) No 1418/76 of 21 June                      of an amount which shall not be more than the acces­
 1976 on the common organization of the market in                      sion compensatory amount ;
rice ('), as last amended by the Act, will result in supply
prices for the industries concerned which are lower
than the prices established by the common organ­                       Whereas a certain amount of deflection of trade and
 ization of the markets ; whereas the calculation of cer­             distortion of competition may, in particular, occur in
 tain accession compensatory amounts should take                      the final period of moves towards price alignment and
 account of this fact ;                                               when common prices are applied throughout the Com­
                                                                       munity ; whereas it is therefore justified that measures
                                                                       intended to avoid     such    deflection  and   distortion
Whereas, pursuant to Article 1 17 (2), (3 ) and (4), of the            should apply for such time as is necessary in order to
Act, compensatory amounts for husked rice, wholly                      achieve the desired end ,
milled rice and semi-milled rice are determined on the
basis of the rates referred to in Article 1 of Commission
Regulation ( EEC) No 467 /67 / EEC of 21 August 1967
fixing the conversion rates, the processing costs and the
value of the by-products for the various stages of the                 HAS ADOPTED THIS REGULATION :
rice processing (2), as last amended by Regulation
( EEC) No 1548 / 84 (3);
                                                                                                Article 1
                                                                       For the purposes of this Regulation :
 (')  OJ No L 166, 25 . 6 . 1976, p. 1 .
 0    OJ No L 204, 24 . 8 . 1967 , p . 1 .                            — the ' Community of Ten ' shall be understood to
 0    OJ No L 148 , 5 . 6 . 1984. p . 16 .                                 mean the Community as constituted before the
 ---pagebreak--- 1.3.86                                Official Journal of the European Communities                              No L 53 / 29
     accession of the Kingdom of Spain and the                                               Article 4
     Portuguese Republic,
and
                                                                 In trade between the Community of Ten and Spain, the
                                                                 accession compensatory amounts shall be levied or
— 'accession compensatory amount' shall be under­                granted by the Member State concerned in which the
     stood to mean the compensatory amounts appli­               price level used to determine accession compensatory
     cable in trade between :                                    amounts is highest.
     — the Community of Ten and Spain,
     — Spain and third countries .                                                          Article 5
                                                                 1 . The accession compensatory amount to be applied
                                                                 shall be that in force at the time of acceptance of the
                          Article 2                              import or export declaration .
1 . For each marketing year the accession compensa­              2 . However, where necessary, a decision may be
tory amount shall be :                                           taken , in accordance with the procedure provided for in
                                                                 Article 8 , to establish a system for the advance fixing of
— for paddy rice, equal to the difference between the            the accession compensatory amount.
     intervention price applicable in the Community of
     Ten and the intervention price fixed for Spain ; this
     difference may be corrected in order to ensure
                                                                                            Article 6
     comparability of the products taken into considera­
     tion,
                                                                  1 . Where, for one of the products referred to in Article
— for husked rice, that applicable to paddy rice con­             1 (a) and (b) of Regulation (EEC) No 1418 /76, the levy
     verted by means of the conversion rate referred to          charged on imports by the Community of Ten is less
     in Article 1 of Regulation No 467 /67 / EEC ,               than the accession compensatory amount fixed for the
                                                                 product in question , the Commission shall determine,
— for wholly milled rice, that applicable to husked              on the basis of the scale set out in the Annex, the
     rice converted by means of the conversion rate              amount applicable as an accession compensatory
     referred to in Article 1 of Regulation No 467 /67 /         amount in trade between the Community of Ten and
     EEC ,                                                       Spain and between Spain and third countries .
— for semi-milled rice, that applicable to wholly                2 . However, where the levy lies within a range of val­
     milled rice converted by means of the conversion            ues including that of the compensatory amount fixed,
     rate referred to in Article 1 of Regulation No 467 /        the latter shall remain applicable .
     67 / EEC,
— for broken rice, equal to the difference between the           3 . For the products referred to in Article 1 (c) of
      price of broken rice recorded on the Spanish mar­           Regulation ( EEC) No 1418/76, the amount applicable
      ket over a period to be determined and the                  as an accession compensatory amount shall be deter­
      threshold price fixed for this product in the Com­          mined by the Commission in the light of the variations
      munity.                                                     in the amount determined for the basic product pur­
                                                                  suant to paragraph 1 .
2 . For the products referred to in Article 1 (c) of
Regulation ( EEC) No 1418/76, the accession compen­
satory amounts shall be derived from those applicable                                        Article 7
to broken rice with the aid of coefficients to be deter­
mined in the light of the incidence on the price of the
product concerned of the application of the compensa­             Where, for a given product, an accession compensatory
                                                                  amount is fixed which has to be deducted from the
tory amount to the price of broken rice .
                                                                  refund on exports to third countries and where the said
                                                                  refund is less than the accession compensatory amount
                                                                  or is not fixed, provision may be made for the levying,
                                                                  upon export from Spain to a third country of the prod­
                          Article 3                               uct in question , of an amount of not more than the dif­
                                                                  ference between the accession compensatory amount
 For products falling within subheading 10.06 B III               and the refund or, depending on the case, the accession
 intended for the production of beer and 1 1.08 A II of           compensatory amount itself.
the Common Customs Tariff, the accession compensa­
tory amounts shall be derived from those applicable to             Furthermore, where refunds are differentiated accord­
the basic product minus the production refund fixed               ing to destination , if the refund applicable to an export
 pursuant to Article 9 of Regulation ( EEC) No 1418 /76 .         to one or more third countries is less than the accession
 ---pagebreak--- No L 53 / 30                          Official Journal of the European Communities                                 1.3 . 86
compensatory amount or is not fixed, provision may be            (c) the detailed rules for the application of this Regu­
made for the adoption of measures such as will ensure                lation and in particular :
the charging, upon export from Spain, of the amount                  — the fixing of accession compensatory amounts,
referred to in the foregoing subparagraph .
                                                                     — cases where Article 7 is applied,
                                                                     — the period over which the prices of broken rice
                                                                          are recorded in Spain for the purposes of the
                          Article 8                                       application of Article 2(1 ).
 1 . The following shall be determined according to the          2 . Measures designed to prevent deflection of trade
procedure laid down in Article 27 of Regulation ( EEC)           and distortion of competition may be applied for such
No 1418 / 76 :                                                   time as is considered necessary after the abolition of
                                                                 the accession compensatory amounts .
(a) detailed rules for the granting and charging of
     accession compensatory amounts so as to prevent
     deflection of trade and distortion of competition ;                                 Article 9
(b) the coefficients provided for in Article 2 (2);              This Regulation shall enter into force on 1 March 1986.
                 This Regulation shall be binding in its entirely and directly applicable in all Member
                 States .
                 Done at Brussels, 25 February 1986.
                                                                         For the Council
                                                                          The President
                                                                            G. BRAKS
 ---pagebreak--- 1.3.86   Official Journal of the European Communities                   No L 53 / 31
                            ANNEX
                                                           (ECU/tonnes)
       Community levy               Amount applicable as accession
                                       compensatory amount
       from 132 to  128,01                      130
       from 128 to  124,01                      126
       from 124 to  120,01                      122
       from 120 to  116,01                      118
       from 1 16 to 1 12,01                     114
       from 1 12 to 108,01                      110
       from 108 to  104,01                      106
       from 104 to  100,01                      102
       from 100 to    96,01                      98
       from   96 to   92,01                      94
       from   92 to   88,01                      90
       from   88 to   84,01                      86
       from   84 to   80,01                      82
       from   80 to   76,01                      78
       from   76 to   72,01                      74
       from   72 to   68,01                      70
       from   68 to   64,01                      66
       from   64 to   60,01                      62
       from   60 to   56,01                      58
       from   56 to   52,01                      54
       from   52 to   48,01                      50
       from   48 to   44,01                      46
       from   44 to   40,01                      42
       from   40 to   36,01                      38
       from   36 to   32,01                      34
       from   32 to   28,01                      30
       from   28 to   24,01                      26
       from   24 to   20,01                      22
       from   20 to   16,01                       18
       from   16 to   12,01                       14
       from   12 to    8.01                       10
       from    8 to    4,01                        6
       from    4 to    0,01                        2
       from    0                                   0