Council Regulation (EEC) No 480/86 of 25 February 1986 laying down general rules of application of the regulatory amounts applicable to trade in certain wine sector products between the Community as constituted on 31 December 1985 and Spain

COUNCIL REGULATION  (EEC) No 480/86  of 25 February 1986  laying down general rules of application of the regulatory  amounts applicable to trade in certain wine sector products between the Community as constituted on  31 December 1985 and Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,  Having regard  to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession  of Spain and Portugal, and in particular Article 89 (1) thereof,  Having regard to the proposal  from the Commission,  Whereas Article 123 of the Act of Accession provides for a regulatory amount  mechanism to be set up for trade in wine sector products between the Community as constituted on 31  December 1985 and Spain;  Whereas for table wines the regulatory amounts to be levied on the import  of the products in question into the Community as constituted on 31 December 1985 offset the  difference between the guide prices and those fixed for Spain; whereas in the case of other  products in the sector which are likely to disturb the market and for which a reference price is  fixed, a regulatory amount may be levied in accordance with a procedure that takes into account the  relationships between these products and the different types of table wine;  Whereas, according to  the joint declaration annexed to the Act, for certain table wines from Spain assessed on the basis  of their specific market prices and their vatting, bottling and labelling, there is to be levied a  regulatory amount lower than the highest regulatory amount resulting from the difference between  the respective guide prices;  Whereas the purpose of the regulatory amount is to prevent  disturbance on the market of the Community as constituted on 31 December 1985 without affecting the  traditional pattern of trade in the abovementioned products; whereas, therefore, there is no need  to apply the regulatory amount in cases where there is no danger of disturbance; whereas provision  should also be made for adjustment of the regulatory amount for the product in question on the  basis of its market situation;  Whereas Article 123 (4) of the Act provides that a regulatory  amount may be fixed for the export of one or more products from the Community as constituted on 31  December 1985 to Spain; whereas this possibility may only be used, when, for the product in  question, the market trend risks calling in question the normal trade pattern;  Whereas it appears  desirable, in order to prevent disturbance of trade with third countries in certain cases, that  provision be made, when the refund applicable in trade between Spain and third countries is set, as  provided for in Article 87 of the Act, for the regulatory amount to be disregarded either wholly or  in part,