CELEX: 31986R0466
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 466/86 of 25 February 1986 determining the general rules for the system of accession compensatory amounts for milk and milk products on account of the accession of Spain

1.3 . 86                             Official Journal of the European Communities                                No L 53 / 23
                                     COUNCIL REGULATION (EEC) No 466/86
                                                      of 25 February 1986
                 determining the general rules for the system of accession compensatory amounts for milk
                                  and milk products on account of the accession of Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           should apply for such time as is necessary in order to
                                                                   achieve the desired end,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                   HAS ADOPTED THIS REGULATION :
Having regard to the Act of Accession of Spain and
Portugal, and in particular Article 89 ( 1 ) thereof,
                                                                                                  Article 1
Having regard to the proposal from the Commission ,
                                                                   Within the meaning of this Regulation :
                                                                   — 'Community of Ten ' shall mean the Community as
Whereas Article 68 and 70 of the Act of Accession pro­                 at present constituted before the accession of the
vide, for Spain, for the fixing of prices at a level which              Kingdom of Spain and of the Portuguese Republic,
may be different to that of the common prices ; where­
                                                                   — ' accession compensatory amounts' shall mean
as, pursuant to Article 72 of the Act, such differences in
                                                                       compensatory amounts applicable in trade between
price level are to be compensated for by a system of
                                                                       the Community of Ten and Spain and between the
compensatory amounts ;                                                  latter and third countries .
Whereas the compensatory amounts are intended to
avoid disturbances in trade resulting from differences
                                                                                                  A rticle 2
in prices ; whereas, as a consequence, the application of
compensatory amounts is not required where there is
no fear of such disturbances ;                                     The accession compensatory amounts applicable for
                                                                   each year :
Whereas , pursuant to Article 98 (2) of the Act, the com­          (a) for butter and skimmed-milk powder, shall be
pensatory amounts for milk products other than butter                   equal to the difference between the intervention
and skimmed-milk powder are to be fixed using coeffi­                   price fixed for Spain and the intervention price
cients to be determined ; whereas , for the determination               applicable in the Community of Ten ;
of such coefficients, account should be taken in parti­
cular of the difference between the prices recorded on             (b) for the other products listed in Article 1 of Council
the Spanish market and the prices recorded in the                       Regulation ( EEC) No 804/68 of 27 June 1968 on
Community of Ten ;                                                      the common organization of the market in milk
                                                                        and milk products (') as last amended by Regula­
Whereas, where it becomes necessary, provision should                   tion ( EEC) No 3768/ 85 (2) shall be fixed using one
be made for the possible introduction of a system for                   or more of the following factors :
the advance fixing of compensatory amounts ;                           — the difference between the prices recorded on
                                                                             the Spanish market and the prices recorded in
                                                                             the Community of Ten ,
Whereas Article 73 of the Act provides that appropriate
measures may be taken with a view to ensuring the pro­                 — the quantities of raw materials used in the
per functioning of the common organization of the                            manufacture of the products concerned,
market where the refund on exports is less than the                    — specific manufacturing costs .
compensatory amount or if no refund is applicable ;
whereas such measures may in particular provide for
the levying of an amount not exceeding the accession
                                                                                                  Article 3
compensatory amount ;
                                                                   In trade between the Community of Ten and Spain, the
Whereas a certain amount of deflection of trade and
                                                                   accession compensatory amounts shall be levied or
distortion of competition may, in particular, occur in
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           (')   OJ No L 148 , 28 . 6 . 1968 , p . 13 .
intended to avoid       such  deflection     and   distortion      0     OJ No L 362, 31 . 12 . 1985 , p. 8 .
 ---pagebreak---  No L 53 / 24                         Official Journal of the European Communities                                   1.3.86
granted by the Member State concerned whose price                 third countries is less than the accession compensatory
level used for the determination of the accession com­            amount or is not fixed, provision may be made on
pensatory amounts is the highest.                                 export from Spain for the measures required to ensure
                                                                  payment of any amount as referred to in the preceding
                                                                  subparagraph .
                           Article 4
 1 . The accession compensatory amount applicable                                           Article 6
shall be that in force at the time of acceptance of the
declaration of import or export.                                   1 . The following shall be determined in accordance
                                                                  with the procedure laid down in Article 30 of Regula­
2.    However, where necessary, the introduction of a             tion ( EEC) No 804/68 :
system for the advance fixing of the accession compen­
satory amount may be decided in accordance with the               (a) the detailed rules for the application of this Regu­
procedure set out in Article 6.                                        lation and in particular for fixing the accession
                                                                       compensatory amounts ;
                                                                  (b) the procedure for granting and levying accession
                           Article 5
                                                                       compensatory amounts in order to prevent any
                                                                       deflection of trade or distortion of competition .
If, for a product, an accession compensatory amount is
fixed which must be deducted from the export refund               2 . Measures to prevent any deflection of trade or dis­
to third countries, and if the refund is less than that
                                                                  tortion of competition may continue to apply for as
compensatory amount or is not fixed, an amount equal              long as is deemed necessary, after the accession com­
to the difference between the compensatory amount                 pensatory amounts have been discontinued .
and the refund or, as the case may be, to the compensa­
tory amount shall be levied in the new Member State
on exports to third countries of the product in question .
                                                                                            Article 7
In addition, where refunds vary according to destina­
tion , if the refund applicable on export to one or more          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