CELEX: 31986R0471
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 471/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for eggs on account of the accession of Spain

1 . 3 . 86                                   Official Journal of the European Communities                                    No L 53 / 37
                                              COUNCIL REGULATION (EEC) No 471 /86
                                                            of 25 February 1986
                      laying down general rules for the system of accession compensatory amounts for eggs on
                                                      account of the accession of Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Whereas, for the other products covered by Council
                                                                          Regulation ( EEC) No 2771 /75 of 29 October 1975 on
                                                                          the common organization of the market in eggs (4) as
Having regard to the Treaty establishing the European                     last amended by Regulation ( EEC) No 3768 / 85 (5), the
Economic Community,                                                       compensatory amount must be derived from the com­
                                                                          pensatory amount applicable to eggs in shell , with the
                                                                          help of coefficients to be determined ;
 Having regard to the Act of Accession of Spain and
 Portugal, and in particular Article 89 ( 1 ) thereof,
                                                                          Whereas, pursuant to Article 6 of Regulation ( EEC)
Having regard to the proposal from the Commission ,                        No 467 /86, the levying or granting of compensatory
                                                                          amounts applicable to cereals may be restricted to deal
                                                                          with the eventuality referred to in Article 72 ( 5) of the
Whereas, pursuant to Article 72 of the Act of Acces­                      Act ; whereas account must be taken of such a restric­
sion, differences in the price levels for agricultural                    tion for products in the eggs sector, in so far as they are
products between the Community as constituted at 31                       products derived from cereals, to ensure the smooth
December 1985 and Spain are to be offset by a system                      functioning of the common organization of the market ;
of compensatory amounts ; whereas for eggs such com­
pensatory amounts are to be calculated in accordance
with Article 1 15 of the Act ;                                            Whereas rules should be laid for the levying and grant­
                                                                          ing of compensatory amounts in order to prevent any
                                                                          deflection of trade ;
Whereas the compensatory amount applicable per kilo­
gram of eggs in shell must be calculated on the basis of
the compensatory amounts applicable to the quantity                       Whereas , in cases where it proves necessary, provision
of feed-grain necessary for the production in the Com­                    should be made for the possibility of introducing a sys­
munity of one kilogram of eggs in shell ; whereas that                    tem for fixing accession compensatory amounts in ad­
quantity of feed-grain was fixed in Annex I to Council                    vance ,
 Regulation ( EEC ) No 2773 /75 of 29 October 1975 lay­
 ing down rules for calculating the levy and the sluice­
 gate price for eggs (') as last amended by Regulation                    Whereas a certain amount of deflection of trade and
 ( EEC ) No 2300/77 (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
 Whereas the compensatory amount applicable per egg                       munity ; whereas it is therefore justified that measures
for hatching is to be calculated according to the same                    intended    to  avoid       such     deflection and  distortion
criteria ;                                                                should apply for such time as is necessary in order to
                                                                          achieve the desired end,
Whereas the compensatory amounts applicable to
feed-grain were fixed in accordance with Council
                                                                           HAS ADOPTED THIS REGULATION :
Regulation ( EEC ) No 467 / 86 of 25 February 1986 lay­
ing down general rules for the system of accession
compensatory amounts for the cereals sector (3);
                                                                                                        Article 1
Whereas compensatory amounts are intended to prev­
ent disturbance in trade as a result of price differences ;                For the purposes of this Regulation :
whereas there is accordingly no necessity to apply com­
pensatory amounts where there is no fear of such dis­                     — ' Community of Ten ' shall mean the Community as
turbance ;                                                                     constituted before the accession of the Kingdom of
                                                                               Spain and the Portuguese Republic,
 (')     OJ No L 282, 1 . 11 . 1975, p. 64.
 0       OJ No L 271 , 22 . 10. 1977 , p. 6 .                              (4) OJ No L 282 , 1 . 11 . 1975 , p . 49
 (3)     See p. 25 of this Official Journal .                              0   OJ No L 362 , 31 . 12 . 1985 , p . 8 .
 ---pagebreak--- No L 53 / 38                          Official Journal of the European Communities                                   1.3.86
— ' accession compensatory amount shall mean a                                              A rticle 6
     compensatory amount applicable in trade between
     the Community of Ten and Spain , and the latter             1 . The accession compensatory amount applicable
     and third countries .                                       shall be that in force at the time of the acceptance of
                                                                 the import or export declaration .
                           Article 2                             2 . However, should it prove necessary, a decision may
                                                                 be made in accordance with the procedure referred to
                                                                 in Article 8 , to introduce a system of advance fixing of
Accession compensatory amounts for eggs in shell shall
                                                                 the accession monetary amount.
be equal to the accession compensatory amounts appli­
cable to the quantity of feed-grain necessary for the
production in the Community of one kilogram of eggs
in shell or of one egg for hatching.
                                                                                            Article 7
                                                                 If, for a product, an accession compensatory amount is
                           Article 3                             fixed which must be deducted from the refund on
                                                                 exports to third countries and if the refund is less than
                                                                 that accession compensatory amount or is not fixed ,
The accession compensatory amounts for the products
                                                                 provision may be made for the levying, on the export
listed in Article 1 ( 1 ) (b) of Regulation ( EEC)
No 2771 / 75 shall be derived from the accession com­            from Spain to a third country of the product in ques­
                                                                 tion , of an amount (not exceeding) the difference
pensatory amount applicable to eggs in shell other than
                                                                 between the accession compensatory amount and the
eggs for hatching, with the help of coefficients express­
                                                                 refund, or, as the case may be, the accession compensa­
ing the ratio referred to in Article 5 (2) of the above­
                                                                 tory amount,
mentioned Regulation .
                                                                 Furthermore, where refunds vary according to destina­
                                                                 tion if the refund applicable to exports to one or more
                           A rticle 4                            third countries is less than the accession compensatory
                                                                 amount or is not fixed, provision may be made on
If Article 6 of Regulation ( EEC) No 467 / 86 is applied         export from Spain for the measures likely to ensure any
for one or more days in the first 75 days of the quarter         levying of the amount referred to in the preceding sub­
preceding 1 August, 1 November, 1 February or 1 May,             paragraph .
the accession compensatory amount applicable during
the following quarter for the products referred to in
Articles 2 and 3 shall be determined on a quarterly
basis according to the average of the amounts deter­                                         Article 8
mined in the first 75 days of the preceding quarter for
 cereals up to the quantity of feed-grain referred to in
 Article 1 of Regulation ( EEC) No 2773 / 75 .                    1 . The following shall be adopted in accordance with
                                                                 the procedure laid down in Article 17 of Regulation
                                                                  ( EEC ) No 2771 /75 :
 However, if the amount varies by less than 5 % com­
 pared with the amount determined for the preceding
                                                                  (a) rules for granting and levying accession compensa­
 quarter, the latter amount shall remain unchanged .
                                                                       tory amounts, in particular in order to prevent any
                                                                       deflection of trade or distortion of competition ;
                           Article 5                              (b) detailed rules for the application of this Regula­
                                                                       tion , and in particular :
 1.   In trade between the Community of Ten and
 Spain, the accession compensatory amounts shall be                    — for fixing accession compensatory amounts ,
 levied or granted by the Member State concerned
 whose level of prices for the quantity of feed-grain laid             — for cases in which Article 7 applies .
 down in Annex I to Regulation ( EEC) No 2773 / 75 is
 the highest .
                                                                   2 . The accession compensatory amounts referred to in
                                                                   Article 5 shall be fixed by the Commission .
 2 . In trade between Spain and third countries, the
 accession compensatory amounts shall be deducted
 from levies and refunds .                                        3.   The measures to prevent any deflection of trade or
 ---pagebreak---  . 3.86                            Official Journal of the European Communities                            No L 53 / 39
distortion of competition may apply, for as long as                                   Article 9
deemed necessary, after the accession compensatory
amounts have been eliminated .                                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