CELEX: 31986R0467
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 467/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for cereals on account of the accession of Spain

1.3.86                                    Official Journal of the European Communities                             No L 53 /25
                                          COUNCIL REGULATION (EEC) No 467/86
                                                        of 25 February 1986
                  laying down general rules for the system of accession compensatory amounts for cereals
                                                on account of the accession of Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             calculated in accordance with Article 1 1 1 (3) of the Act
                                                                     of Accession ; whereas the coefficients should be deter­
                                                                     mined in accordance with the procedure laid down in
Having regard to the Treaty establishing the European                Article 26 of Regulation ( EEC) No 2727 /75 ;
Economic Community,
                                                                     Whereas, should it prove necessary, provision should
Having regard to the Act of Accession of Spain and                   be made for the possibility of introducing a system for
Portugal (hereinafter referred to as the ' Act'), and in             the advance fixing of the accession compensatory
particular Article 89 ( 1 ) thereof,                                 amounts ;
Having regard to the proposal from the Commission ,                  Whereas, in order to ensure more efficient management
                                                                     of the market and to facilitate trade, rules should be
Whereas, for Spain, Articles 68 and 70 of the Act pro­               laid down to prevent excessively frequent variations in
vide that prices may be fixed at a level different from              the      accession     compensatory     amounts      where
that of common prices ; whereas, by virtue of Article 72              Article 72 (5) of the Act is applied ;
of the Act, such differences in price levels shall be com­
pensated for by a system of compensatory amounts ;                   Whereas Article 73 of the Act lays down that appro­
                                                                     priate measures may be taken with a view to ensuring
                                                                     the proper functioning of the common organization of
Whereas the compensatory amounts are intended to                     the market if the refund on exports to third countries is
prevent disturbances to trade resulting from price dif­               less than the compensatory amount or if no refund is
ferences ; whereas compensatory amounts will therefore                applicable ; whereas such measures may entail the levy­
not have to be applied where such disturbances are                    ing of an amount of not less than the accession com­
unlikely to occur ;
                                                                      pensatory amount ;
Whereas Articles 68 , 70 and 72 of the Act apply to the               Whereas a certain amount of deflection of trade and
intervention prices for cereals ;
                                                                      distortion of competition may, in particular, occur in
                                                                     the final period of moves towards price alignment and
Whereas the production refund referred to in Article 1 1              when common prices are applied throughout the Com­
of Council Regulation ( EEC) No 2727/75 of 29 Octo­                   munity ; whereas it is therefore justified that measures
ber 1975 on the common organization of the market in                  intended to     avoid such deflection     and   distortion
cereals ('), as last amended by the Act, will , for the pro­          should apply for such time as is necessary in order to
cessors concerned, entail input prices which are lower                achieve the desired end,
than the prices established by the common organ­
 ization of the market ; whereas the calculation of cer­
tain accession compensatory amounts should allow for                  HAS ADOPTED THIS REGULATION :
this ;
Whereas, pursuant to Article 1 1 1 (2) of the Act, the                                          Article 1
compensatory amount valid for barley should be made
applicable to buckwheat, millet and canary seed ; wher­
eas the amount valid for rye should likewise be made                   For the purposes of this Regulation ;
applicable to triticale; which, pursuant to Article 13 of
Regulation (EEC) No 2727/75, is subject to the same                   — the Community of Ten shall be understood to
import duty as rye ;                                                       mean the Community as at present constituted
                                                                           prior to the accession of the Kingdom of Spain
                                                                           and , the Portuguese Republic,
Whereas, in the case of products processed from
cereals, the accession compensatory amounts must be                   — accession compensatory amounts shall be under­
                                                                           stood to mean compensatory amounts applicable
                                                                           in trade between :
                                                                           — the Community of Ten and Spain ,
 (')  OJ No L281 , 1 . 11 . 1975 , p. 1 .                                  — Spain and third countries .
 ---pagebreak---   No L 53 / 26                         Official Journal of the European Communities                                   1.3.86
                           Article 2                               this product, the Commission shall determine, on the
                                                                   basis of the scale set out in Annex, the amount appli­
  1 . For each marketing year the accession compensa­              cable as an accession compensatory amount in trade
  tory amount shall be :                                          between the Community of Ten and Spain and
                                                                  between Spain and third countries .
 — for those cereals for which it is fixed, an interven­
      tion price equal to the difference between the inter­
      vention price applicable in the Community of Ten            2.    However, where the levy lies within the bracket of
      and the intervention price fixed for Spain ,                values including that of the compensatory amount
                                                                  fixed, the latter shall remain applicable.
 — for buckwheat, millet and canary seed, equal to
      that applicable for barley,
                                                                  3 . For the products referred to in Article 1 (c) of
 — for oats , derived from the compensatory amount                Regulation ( EEC) No 2727 /75 , the amount applicable
      applicable to barley, taking into account the rela­         as an accession compensatory amount shall be deter­
      tionship existing between the threshold prices for          mined by the Commission on the basis of the varia­
      oats and barley.                                            tions in the amount determined under paragraph 1 for
                                                                  the basic products concerned .
 The compensatory amount applicable to triticale shall
 be that laid down for rye.
 2 . For the products referred to in Article 1 (c) of                                        Article 6
 Regulation ( EEC) No 2727 /75 , the accession compen­
 satory amounts shall be derived from those applicable
 to the cereals to which they are related, with the help of       If, for a given product, an accession compensatory
 coefficients to be determined on the basis of the impact        amount is fixed which has to be deducted from the
 on the price of the product concerned of the applica­           refund on exports to third countries, and the refund is
 tion of the compensatory amount to the price of the             less than the accession compensatory amount or is not
 corresponding basic product.                                    fixed, provision may be made for the charging upon
                                                                 exportation from Spain to a third country of the prod­
                                                                 uct in question of an amount not more than the differ­
                                                                 ence between the accession compensatory amount and
                                                                 the refund or, depending on the case, the accession
                          Article 3                              compensatory amount .
In trade between the Community of Ten and Spain , the
accession compensatory amounts shall be charged or                Furthermore, where refunds are differentiated accord­
granted by the Member State concerned in which the                ing to destination , if the refund applicable to an export
price level used for the determination of the accession          to one or more third countries is less than the accession
compensatory amounts is highest.                                  compensatory amount or is not fixed, provision may be
                                                                 made for measures to ensure that the amount referred
                                                                 to in the foregoing subparagraph is charged upon
                                                                 export from Spain .
                          Article 4
 1 . The accession compensatory amount applicable
shall be that in force on the date of acceptance of the                                      Article 7
import or export declaration .
                                                                  1 . The following shall be determined according to the
2 . However, where necessary, a decision may be taken            procedure laid down in Article 26 of Regulation ( EEC)
in accordance with the procedure laid down in Article 7          No 2727 / 75 :
to introduce a system for the advance fixing of the
accession compensatory amount.
                                                                 (a) detailed rules for the granting and levying of acces­
                                                                       sion compensatory amounts, particularly with a
                                                                       view to preventing deflection of trade and distor­
                                                                       tion of competition ;
                          Article 5
                                                                 (b) the coefficient provided for in Article 2 (2);
1 . When, for one of the products referred to in
Article 1 (a) and (b) of Regulation (EEC) No 2727/75,
the levy charged on import by the Community of Ten is            (c) detailed rules for the application of this Regulation
less than the accession compensatory amount fixed for                  and in particular :
 ---pagebreak--- 1.3.86                            Official Journal of the European Communities                            No L 53 / 27
    — the fixing of accession compensatory amounts,           deemed necessary, after the abolition of the accession
                                                              compensatory amounts .
    — cases where Article 7 may be applied.
                                                                                           Article 8
2 . Measures to prevent deflection of trade and distor­
tion of competition may be applied, for the period            The 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
                                                       ANNEX
                                                                                      (ECU/tonnes)
                              Amount of Community levy         Amount applicable as accession
                                                                  compensatory amount
                                  from 124 to 120,01                       122
                                  from 120 to 1 16,01                      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