CELEX: 31986R0469
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 469/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts in the sugar sector

No L 53 / 32                             Official Journal of the European Communities                                    1.3 . 86
                                         COUNCIL REGULATION (EEC) No 469/86
                                                        of 25 February 1986
                 laying down general rules for the system of accession compensatory amounts in the sugar
                                                               sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas features of sugar production in the new Mem­
                                                                      ber States show that this need to correct the compensa­
                                                                      tory amounts exists only with regard to trade between
Having regard to the Treaty establishing the European                 Portugal, not including the autonomous region of the
Economic Community,                                                   Azores, and the other regions of the Community, and
                                                                      between Portugal and third countries ; whereas provi­
                                                                      sion should accordingly be made for an adjustment of
                                                                      the accession compensatory amounts for such trade ;
Having regard to the Act of Accession of Spain and
Portugal , and in particular Articles 89 ( 1 ) and 234 (2)
thereof,
                                                                      Whereas Articles 109 and 302 (2) of the Act provide for
                                                                      the fixing of accession compensatory amounts for cer­
Having regard to the proposal from the Commission ,                   tain products in the sugar sector with a view to prevent­
                                                                      ing any risk of disturbance in trade ; whereas, in view of
                                                                      the conditions of production of those various products,
                                                                      such a risk of disturbance can be ruled out for isoglu­
Whereas Articles 68 , 70, 236 and 238 of the Act of                   cose only ; whereas provision should consequently be
Accession provide, for Spain and Portugal , for the fix­              made for the fixing of accession compensatory
ing of prices at a level which may be different from that             amounts for the other products ;
of the common prices ; whereas, under Articles 72 and
240 of the Act, such differences in price levels are to be
offset by a system of compensatory amounts ;
                                                                      Whereas Articles 73 and 241 of the Act of Accession
                                                                      provide that appropriate measures may be taken with a
                                                                      view to ensuring the proper functioning of the common
Whereas the compensatory amounts are intended in
                                                                      organization of the market where export refunds or, as
particular to prevent disturbance of trade as a result of             the case may be, export or import levies are less than
price differences ; whereas, consequently, the applica­
                                                                      the compensatory amount, or if no refund or no levy is
tion of compensatory amounts is only required where
such disturbance is to be feared ;                                    applicable ; whereas such measures may in particular
                                                                      provide for the application of an amount at least equal
                                                                      to the accession compensatory amount ; whereas provi­
                                                                      sion should be made, however, for the possibility of
Whereas in the sugar sector, Articles 68 , 70, 72 , 236, 238          adjusting under certain circumstances the amount
and 240 of the Act of Accession relate to the interven­
                                                                      granted to the quantity of raw cane sugar referred to in
tion prices for white sugar and to the basic price for                Article 303 ( 1 ) of the Act and to any quantities
beet ; whereas, in accordance with the prices recorded                imported from third countries to Portugal on account
in the acts of the Conference, the common prices for                  of insufficient availability of Community raw sugar,
comparison in the sugar sector are, in the case of Spain,             and in particular of raw sugar originating in the French
the non-derived common prices , and in the case of Por­               overseas departments, when the supply of Portuguese
tugal , the derived common prices as applied in Ireland               refineries risks being called into question by a rise in
and in the United Kingdom in accordance with Art­                     the price of sugar on the world market ;
icles 3 and 5 of Council Regulation ( EEC) No 1785 / 81
of 30 June 1981 on the common organization of the
markets in the sugar sector ('), as last amended by
Regulation ( EEC) No 3768/85 (2);                                     Whereas , should it prove necessary, provision shall be
                                                                      made for the possibility of introducing a system for fix­
                                                                      ing accession monetary amounts in advance ;
Whereas the second subparagraphs of Articles 108 and
302(1 ) of the Act provide that the compensatory
amount is to be corrected , to the extent necessary for                Whereas a certain amount of deflection of trade and
the smooth functioning of the common organization of                  distortion of competition may, in particular, occur in
the market, by the incidence of the compensation levy                 the final period of moves towards price alignment and
for storage costs ;                                                   when common prices are applied throughout the Com­
                                                                      munity ; whereas it is therefore justified that measures
                                                                      intended to      avoid such deflection    and   distortion
(')  OJ No L 177, 1.7 . 1981 , p. 4.                                  should apply for such time as is necessary in order to
O    OJ No L 362, 31 . 12 . 1985, p. 8 .                              achieve the desired end,
 ---pagebreak--- 1.3.86                                 Official Journal of the European Communities                                No L 53 / 33
HAS ADOPTED THIS REGULATION :                                          — the other Member States of the Community,
                                                                       — third countries,
                           Article 1
                                                                      the accession compensatory amount applicable for
                                                                      white sugar shall be increased, pursuant to the
For the purposes of this Regulation :                                 second subparagraph of Article 302 ( 1 ) of the Act
                                                                      of Accession, by all or part of the storage levy .
(a) 'Community of Ten ' shall mean the Community as
     constituted before the accession of the Kingdom of               For the period from 1 March to 30 June 1986, the
     Spain and the Portuguese Republic ;                              increase shall be equal to 4,25 ECU per 100 kg of
                                                                      white sugar.
(b) ' accession compensatory amount' shall mean a
     compensatory amount applicable in trade between :                For the marketing years from 1 July 1986, the suc­
                                                                      cessive increases shall be equal to six-sevenths,
                                                                      five-sevenths , four-sevenths, three-sevenths, two­
     — the Community of Ten and the new Member
         States,                                                      sevenths and one-seventh of the storage levy appli­
                                                                      cable for each of the marketing years concerned ;
     — the new Member States,
     — the new Member States and third countries,                 (b) in trade between Portugal, not including the auton­
                                                                      omous region of the Azores, and the autonomous
     — Portugal, not including the autonomous region
         of the Azores, and the autonomous region of
                                                                      region of the Azores, the increases provided for in
         the Azores .                                                 the second and third subparagraphs of (a) shall be
                                                                      applied as an accession compensatory amount.
                                                                  3 . For trade between the new Member States , the
                           Article 2                              accession compensatory amount shall be equal to the
                                                                  sum of or, as the case may be, difference between the
1 . Without prejudice to the provisions of paragraph 2,           accession compensatory amount applicable in trade
for white sugar and fresh beet, the accession compensa­           between the Community of Ten and Spain and the
tory amount in question shall , for each marketing year,          accession compensatory amount applicable in trade
be :                                                              between the Community of Ten and Portugal .
(a) in the case of Spain,
     — equal to the difference between the interven­
         tion price for white sugar as provided for in
         Article 3 ( 1 ) (a) of Regulation ( EEC)                                          A rticle 3
          No 1785 / 81 , applicable in the non-deficit areas
         of the Community of Ten and the intervention             1 . Accession compensatory amounts shall be fixed as
          price for white sugar fixed for Spain ,                 necessary to prevent any risk of disturbance in trade :
     — equal to the difference between the basic price
         for beet applicable in the Community of Ten              (a) for the products listed in Article 1 ( 1 ) (b) of Regula­
         and that fixed for Spain ;                                    tion ( EEC) No 1785 / 81 other than fresh beet ;
(b) in the case of Portugal ,                                     (b) for the products falling within Common Customs
                                                                      Tariff subheading 17.01 B ;
     — equal to the difference between the derived
         intervention price for white sugar fixed for Ire­
         land and the United Kingdom and the inter­               (c) for the relevant products listed in Article 1 ( l)(d)
         vention price for white sugar fixed for Portu­               of Regulation ( EEC) No 1785 / 81 .
         gal ,
     — equal to the difference between the basic price            2.  Accession compensatory amounts shall be deter­
         fixed for beet, increased by the incidence of the        mined :
         regionalization of the prices provided for Ire­
         land and the United Kingdom on the one
         hand, and the basic price for beet fixed for Por­        (a) for the products referred to in paragraph 1 (a), on
         tugal on the other hand .                                    the basis of the compensatory amount applicable
                                                                      to fresh beet ;
2.   However,                                                     (b) for the products referred to in paragraph 1 (b) and
(a) in trade between Portugal, not including the auton­               (c), on the basis of the compensatory amount
     omous region of the Azores, and                                   applicable to white sugar.
 ---pagebreak--- No L 53 / 34                         Official Journal of the European Communities                                  1.3 . 86
                         Article 4                                    Community raw sugar and in particular of raw
                                                                      sugar originating in the French overseas depart­
In intra-Community trade, accession compensatory                      ments, that amount may be adjusted to the extent
amounts shall be levied or granted by the Member                      necessary to ensure the supply of Portuguese refi­
State concerned whose price level used for the determi­               neries under price conditions analogous to those
nation of the accession compensatory amounts is the                   obtaining for preferential sugar.
highest.
                                                                2. If, where export refunds vary according to the des­
                                                                tination, the refund is less than the accession compen­
                         Article 5                              satory amount or is not fixed, provision may be made
                                                                to take, on export from a new Member State, measures
1.  The accession compensatory amount applicable                likely to ensure any levying of the amount referred to in
shall be that in force on the date on which the customs         paragraph 1 .
services accept the import or export declaration , as the
case may be.                                                    3 . Where export levies are applied, a decision may be
                                                                made in trade between the new Member States and
2 . However, should it prove necessary, a decision may          third countries that Articles 72 (3) (b) and 240 (3) (b) of
be made in accordance with the procedure laid down in           the Act of Accession and paragraph 1 of this Article
Article 7 to introduce a system for fixing the accession        shall also apply.
compensatory amount in advance .
                                                                                          Article 7
                         Article 6
1.   In trade between a new Member State and a third            1 . Detailed rules for the application of this Regula­
country, if the accession compensatory amount is to be          tion, and in particular for the fixing, granting and levy­
                                                                ing of accession compensatory amounts, shall be
deducted from the export refund or, as the case may be,
from the import levy, provision may be made :                   adopted in accordance with the procedure laid down in
                                                                Article 41 of Regulation ( EEC) No 1785 / 81 .
(a) where the refund or the levy is less than the com­
     pensatory amount, to apply an amount that does
                                                                2 . The measures adopted in accordance with the pro­
     not exceed the difference between the accession            cedure referred to in paragraph 1 which are intended to
                                                                prevent deflection of trade and distortion of competi­
     compensatory amount and the refund or the levy ;
                                                                tion may apply, as long as deemed necessary, after the
                                                                accession compensatory amounts have been discontin­
(b) where no refund or levy is fixed, to apply an               ued .
     amount equal to the accession compensatory
     amount. However, with regard to the import into
     Portugal of the quantity of raw cane sugar referred
     to in Article 303 of the Act of Accession, and of                                    Article 8
     any quantities imported from third countries into
     Portugal on account of insufficient availability of        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