CELEX: 31986R0470
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 470/86 of 25 February 1986 laying down the general rules governing the system of accession compensatory amounts relating to beef and veal

1.3 . 86                             Official Journal of the European Communities                                 No L 53 / 35
                                      COUNCIL REGULATION (EEC) No 470/86
                                                     of 25 February 1986
                 laying down the general rules governing the system of accession compensatory amounts
                                                   relating to beef and veal
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               constituted before the accession of Spain and Por­
                                                                        tugal ,
 Having regard to the Treaty establishing the European
 Economic Community,                                               — 'accession compensatory amount' shall mean com­
                                                                        pensatory amounts applicable in trade between the
                                                                        Community of Ten and Spain and between the lat­
Having regard to the Act of Accession of Spain and                      ter and other countries .
Portugal , and in particular Articles 72 (5) and 89 ( 1 )
thereof,
Having regard to the proposal from the Commission,
                                                                                                 Article 2
Whereas Articles 68 and 70 of the Act of Accession
                                                                   The accession compensatory amounts for carcases in
make provision, in respect of Spain, for prices to be              the categories as referred to in the first indent of
fixed at a level which may be different from that of the           Article 3 ( 1 ) of Council Regulation ( EEC) No 1208 / 81
common prices ; whereas, pursuant to Article 72 of the             of 28 April 1981 determining the Community scale for
Act, such differences in price levels will be offset by a          the classification of carcases of adult bovine ani­
system of compensatory amounts ;                                   mals ('), and classified as quality R 3 in accordance
                                                                   with that Regulation, shall be equal for each marketing
Whereas compensatory amounts are intended to avoid                 year to the difference between the common interven­
disturbances in trade resulting from price differences ;           tion price in the Community of Ten for those products
whereas the application of compensatory amounts is                 and the price fixed in Spain for the corresponding
consequently not required where there is no reason to              products, taking the guarantee price into account.
fear such disturbances ;                                           However, that difference shall be corrected so as to
                                                                   take into account the incidence of national aid referred
Whereas a certain amount of deflection of trade and
                                                                   to in point VIII of the Annex to Regulation ( EEC)
                                                                   No 3773 /85 (2).
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
intended to avoid such        deflection  and    distortion                                      Article 3
should apply for such time as is necessary in order to
achieve the desired end ;
                                                                   The accession compensatory amounts for products
                                                                   other than carcases as referred to in Article 2 shall be
Whereas Articles 70 and 72 of the Act apply to the                 determined in accordance with the procedure referred
intervention purchasing price for beef and veal appli­             to in Article 7(1 ) using coefficients expressing the ratio
cable in Spain and valid for carcases meeting Com­                 between the value within the Community of Ten
munity quality standards ;                                         between those products on the one hand and the car­
                                                                   cases as referred to in Article 2 on the other.
Whereas the accession compensatory amounts for other
products should be calculated in accordance with
Article 101 of the Act ; whereas the procedures for cal­
culating the coefficients referred to in that Article                                            Article 4
should be defined,
                                                                   In intra-Community trade, the accession compensatory
                                                                   amounts shall be collected or granted by whichever of
HAS ADOPTED THIS REGULATION :                                      the two Member States concerned whose level of prices
                                                                   used for the determination of the accession compensa­
                                                                   tory amounts is the higher.
                          Article 1
Within the meaning of this Regulation :
                                                                    (>) OJ No L 123 , 7 . 5 . 1981 , p . 3 .
— 'Community of Ten ' shall mean the Community as                   0    OJNoL362 , 31 . 12 . 1985 , p. 32 .
 ---pagebreak---  No L 53 / 36                            Official Journal of the European Communities                                    1.3.86
                             Article 5                                                             Article 7
 1 . The accession compensatory amount applicable                     1 . The following shall be adopted in accordance with
shall be that in force at the time of acceptance of the              the procedure laid down in Article 27 of Regulation
import or export declaration .                                       ( EEC) No 805 /68 ('), as last amended by Regulation
                                                                     ( EEC) No 3768 /85 (2):
2 . However, where it proves necessary, a system for
advance fixing of the compensatory amount may be                     ( a) the procedures for granting and levying accession
adopted in accordance with the procedure referred to                      compensatory amounts, in particular so as to prev­
in Article 7 ( 1 ).                                                       ent any deflections of trade or distortions of com­
                                                                          petition ;
                             Article 6                               ( b) detailed rules for the application of this Regula­
                                                                          tion , in particular as regards :
If an accession compensatory amount is fixed for a
product and must be deducted from the refund on                           — the fixing of accession compensatory amounts,
export to third countries and if the refund is less than
the accession compensatory amount or is not fixed,                        — the cases where Article 6 is to be applied .
provision may be made, for the collection on export of
the product in question from Spain to Portugal or to a
third country, of an amount at least equal to the differ­           2. The measures intended to prevent any deflections
ence between the accession compensatory amount and                  of trade or distortions of competition may apply, for as
the refund, or, as the case may be, to the accession                long as deemed necessary, after the abolition of the
compensatory amount .                                               accession compensatory amounts .
Furthermore, if the refund for exports to one or more
third countries or to Portugal is less than the accession
compensatory amount or is not fixed, provision may be
made for such measures as may be necessary to ensure                                               Article 8
the possible collection, on exportation from Spain , of
the amount referred to in the preceding subparagraph .              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 L 148 , 28 . 6 . 1968 , p . 24.
                                                                    O     OJ No L 362 , 31 . 12 . 1985 , p. 8 .