CELEX: 31986R0591
Language: en
Date: 1986-02-28 00:00:00
Title: Commission Regulation (EEC) No 591/86 of 28 February 1986 laying down detailed rules for the application of the export refunds applicable to trade between the Community as constituted at 31 December 1985 and Spain and Portugal

No L 58 / 2                                Official Journal of the European Communities                                   1 . 3 . 86
                                           COMMISSION REGULATION (EEC) No 591 /86
                                                          of 28 February 1986
                  laying down detailed rules for the application of the export refunds applicable to trade
                      between the Community as constituted at 31 December 1985 and Spain and Portugal
THE COMMISSION OF THE EUROPEAN                                          Whereas the detailed rules for the application of the
COMMUNITIES ,                                                           export refunds which may be granted in respect of such
                                                                        exports should be laid down ; whereas, for this purpose,
                                                                        the mechanism adopted after the accession of Spain
 Having regard to the Treaty establishing the European
                                                                        and Portugal for granting accession compensatory
                                                                        amounts in intra-Community trade should be used as a
 Economic Community,
                                                                        basis ; whereas certain provisions of Commission Regu­
                                                                        lation ( EEC) No 548 / 86 (") should be applied to the
                                                                        export refunds in question ;
 Having regard to the Act of Accession of Spain and
 Portugal ,                                                             Whereas , in view of the fact that refunds are in some
                                                                        cases granted in respect of intra-Community trade, the
                                                                        consequences of the existence of such refunds should
 Having regard to Council Regulation ( EEC) No 804/68                   be specified when refunds are also fixed for export to
                                                                       third countries ;
of 27 June 1968 on the common organization of the
market in milk and milk products ('), as last amended
by Regulation ( EEC ) No 3768 / 85 (2), and in particular               Whereas refunds may not be fixed in respect of intra-
Article 17 thereof, and the corresponding provisions of                 Community trade unless the consultation procedure
Council Regulations ( EEC) No 805 /68 of 27 June 1968                   provided for in Article 142 of the Act of Accession , in
on the common organization of the market in beef and                   the case of fruit and vegetables exported to Spain , and
veal (3), ( EEC ) No 1035 /72 of 18 May 1972 on the                     in Article 276 of the said Act, in the case of products
common organization of the market in fruit and vegeta­                  which are subject to transition by stages and which are
bles (4), ( EEC ) No 2727 /75 of 29 October 1975 on the                 exported to Portugal , have been applied ;
common organization of the market in cereals (5),
( EEC ) No 2759 / 75 of 29 October 1975 on the common                   Whereas the Management Committees concerned have
organization of the market in pigmeat (6), ( EEC )                      not delivered an opinion within the time limits set by
 No 2771 / 75 of 29 October 1975 on the common organ­                  their respective chairmen ,
 ization of the market in eggs (7), ( EEC ) No 2777 / 75 of
 29 October 1975 on the common organization of the
 market in poultrymeat (8), ( EEC) No 1418/76 of
 21 June 1976 on the common organization of the mar­                    HAS ADOPTED THIS REGULATION :
 ket in rice (9) and ( EEC) No 377 / 79 of 5 February 1979
 on the common organization of the market in wine ( l0),
                                                                                                   Article 1
 Whereas Articles 141 and 275 of the Act of Accession
 provide for the possible granting of refunds in respect                This Regulation lays down detailed rules for the appli­
 of exports to Spain or Portugal from the Community as                  cation of the export refunds granted by the Community
 constituted at 31 December 1985 ; whereas this possibil­               of Ten at export and mentioned in Articles 141 and 275
 ity is limited to fruit and vegetables covered by Regula­              of the Treaty of Accession either :
 tion ( EEC ) No 1035 /72 exported to Spain between
 1 March 1986 and 31 December 1989 and to products                      — for products mentioned in Article 131 of the Treaty
 subject to a transition by stages exported to Portugal                      of Accession destined for Spain during the period
 during the first stage as defined in Article 260 of the                     mentioned in the first indent of that Article,
 Act ;
                                                                             or
                                                                        — for products mentioned in Article 259 of the Treaty
(1)   OJ No L 148 , 28 . 6. 1968 , p. 13 .                                   of Accession destined for Portugal during the
(-)   OJNoL362, 31 . 12. 1985 , p. 8 .                                       period following the application of Article 260 of
(-')  OJ No L 148 , 28 . 6. 1968, p. 24.                                     the Treaty.
(■»)  OJ No L 118, 20. 5 . 1972, p. 1 .
(?)   OJ No L281 , 1 . 11 . 1975 , p. 1 .
(«•)  OJ No L282, 1 . 11 . 1975 , p. 1 .
( 7)  OJ No L 282, 1 . 11 . 1975, p. 49.
(«)   OJ No L 282, 1 . 11 . 1975 , p. 77 .
(9)   OJ No L 166, 25 . 6. 1976, p. 1 .
( 10) OJ No L 54, 5.3 . 1979, p. 1 .                                    (") OJ No L 55 , 1.3 . 1986, p. 52 .
 ---pagebreak---  1 . 3 . 86                                  Official Journal of the European Communities                              No L 58 / 3
                                Article 2                               where products identical to those referred to in
                                                                        Article 1 are intended for export to third countries .
The provisions of Articles 5 to 10 of Regulation ( EEC)
No 548/ 86 shall apply mutatis mutandis to the granting
of the refunds mentioned in Article 1 .
                                                                                                   Article 4
                                Article 3                               Where the arrangements provided for in Council Regu­
                                                                        lations ( EEC) No 565 /80 and ( EEC) No 798 /80 (3) are
The fixing, or otherwise, of a refund for products                      applied , the products shall be regarded as having left
referred to in Article 1 shall not be taken into consider­              the geographical territory of the Community when they
ation for the purposes of:                                              are released for consumption in Spain or Portugal .
— determining the lowest rate of refund , within the
        meaning of Article 21 of Commission Regulation
        ( EEC ) No 2730/ 79 ('),                                                                    Article 5
— applying Articles 4 (7) and 5 (3 ) of Council Regula­
        tion ( EEC ) No 565 / 80 (2);                                   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, 28 February 1986
                                                                                    For the Commission
                                                                                    Frans ANDRIESSEN
                                                                                       Vice-President
 (')     OJ No L317 , 12 . 12 . 1979, p. 1 .
 0       OJNoL62, 7 . 3 . 1980, p. 5 .                                   (■') OJ No L 87 , 1.4. 1980, p. 42 .