COUNCIL REGULATION (EEC) N° 3654/90 of 11 December 1990  laying down general rules for the system of accession compensatory amounts applicable to cereals  and rice during the second stage of the accession of Portugal
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 234 (2)  thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) N° 3653/90 laying down transitional provisions for the common  organization of the market in cereals and rice in Portugal(1) provides for the price of common  wheat and of rice in Portugal to be different from the common price; whereas, pursuant to Article  240 of the Act of Acession, these price differences are to be offset by a system of accession  compensatory amounts;
Whereas accession compensatory amounts are intended to prevent disturbances to trade resulting from  price differences; whereas the application of compensatory amounts is therefore not required where  such disturbances are unlikely to occur;
Whereas, in the cereals and rice sector, the prices to be taken into consideration are the  intervention prices; whereas, however, following the amendments to the intervention arrangements  provided for in Council Regulation (EEC) N° 2727/75 of 29 October 1975 on the common organization  of the market in cereals(2), as last amended by Regulation (EEC) N° 1340/90(3), and in Council  Regulation (EEC) N° 1418/76 of 21 June 1976 on the common organization of the market in rice(4), as  last amended by Regulation (EEC) N° 1806/89(5), buying-in is to be carried out at a level lower  than the intervention price; whereas that level, which henceforth constitutes the actual guarantee  to the producer, must accordingly serve as the basis for calculating the accession compensatory  amounts;
Whereas, in the case of products processed from cereals, the accession compensatory amounts must be  calculated in accordance with Article 322 (2) of the Act of Accession as rectified(6); whereas the coefficients  should be determined in accordance with the procedure laid down in Article 26 of Regulation (EEC)  N° 2727/75;
Whereas a certain amount of deflection of trade and distortion of competition may, in particular,  occur in the final period of price alignment and when common prices are applied throughout the  Community; whereas it is therefore justified that measures intended to prevent such defiection and  distortion should apply for such time as is necessary,
For the purposes of this Regulation:
'accession compensatory amounts` means compensatory amounts applicable to trade between:
Portugal and the other Member States,
Portugal and third countries.
1.  For each marketing year the accession compensatory amount shall be:
for common wheat, equal to the difference between the buying-in price applicable in Portugal and  the buying-in price applicable in the other Member States,
for paddy rice, equal to the difference between the buying-in price applicable in Portugal and the  buying-in price applicable in the other Member States; this difference may be corrected in order to  ensure comparability of the products taken into consideration,
for husked rice, that applicable to paddy rice converted by means of the conversion rate referred  to in Article 1 of Commission Regulation N° 467/67/EEC(7),
for wholly milled rice, that applicable to husked rice converted by means of the conversion rate  referred to in Article 1 of Regulation N° 467/67/EEC,
for semi-milled rice, that applicable to wholly milled rice converted by means of the conversion  rate referred to in Article 1 of Regulation N° 467/67/EEC,
for broken rice, equal to the difference between the price of broken rice recorded on the  Portuguese market and the threshold price fixed for this product in the Community.
2.  For the products referred to in Article 1 (c) and (d) of Regulation (EEC) N° 2727/75, the accession compensatory amounts shall be derived from those  applicable to the cereals to which they relate, with the help of coefficients to be determined on  the basis of the impact on the price of the product concerned, of the application of the  compensatory amount to the price of the corresponding basic product.
3.  For the products referred to in Article 1 (c) of Regulation (EEC) N° 1418/76, the accession  compensatory amounts shall be derived from those applicable to broken rice with the help of  coefficients to be determined on the basis of the impact on the price of the product concerned of  the application of the compensatory amount to the price of broken rice.
In trade between Portugal and the other Member States, the accession compensatory  amounts shall be charged or granted by Portugal.
1.  The accession compensatory amount applicable shall be that in force on the date of  acceptance of the import or export declaration.
2.  However, where necessary, a decision may be taken in accordance with the procedure laid down in  Article 5 to introduce a system for the advance fixing of the accession compensatory amount.
1.  The following shall be determined in accordance with the procedure laid down in  Article 26 of Regulation (EEC) N° 2727/75 or, as appropriate, Article 27 of Regulation (EEC) N°  1418/76:
(a)detailed rules for the granting and levying of accession compensatory amounts, particularly with  a view to preventing deflection of trade and distortion of competition;
(b)the coefficients provided for in Article 2 (2) and (3);
(c)detailed rules for the application of this Regulation and in particular the fixing of accession  compensatory amounts.
2.  Measures to prevent deflections of trade and distortion of competition may be applied, for the  period deemed necessary, after the abolition of the accession compensatory amounts.
This Regulation shall enter into force on 1 January 1991.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.