31986R0466

1.3 . 86 Official Journal of the European Communities No L 53 / 23

COUNCIL REGULATION (EEC) No 466/86 of 25 February 1986 determining the general rules for the system of accession compensatory amounts for milk and milk products on account of the accession of Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES, should apply for such time as is necessary in order to achieve the desired end , Having regard to the Treaty establishing the European Economic Community, HAS ADOPTED THIS REGULATION : Having regard to the Act of Accession of Spain and Portugal, and in particular Article 89 ( 1 ) thereof, Article 1

Having regard to the proposal from the Commission , Within the meaning of this Regulation : — 'Community of Ten ' shall mean the Community as Whereas Article 68 and 70 of the Act of Accession pro­ at present constituted before the accession of the vide, for Spain, for the fixing of prices at a level which Kingdom of Spain and of the Portuguese Republic, may be different to that of the common prices ; where­ — ' accession compensatory amounts ' shall mean as , pursuant to Article 72 of the Act, such differences in compensatory amounts applicable in trade between price level are to be compensated for by a system of the Community of Ten and Spain and between the compensatory amounts ; latter and third countries .

Whereas the compensatory amounts are intended to avoid disturbances in trade resulting from differences A rticle 2 in prices ; whereas, as a consequence, the application of compensatory amounts is not required where there is no fear of such disturbances ; The accession compensatory amounts applicable for each year :

Whereas , pursuant to Article 98 (2) of the Act, the com­ (a) for butter and skimmed-milk powder, shall be pensatory amounts for milk products other than butter equal to the difference between the intervention and skimmed-milk powder are to be fixed using coeffi­ price fixed for Spain and the intervention price cients to be determined ; whereas , for the determination applicable in the Community of Ten ; of such coefficients, account should be taken in parti­ cular of the difference between the prices recorded on (b ) for the other products listed in Article 1 of Council the Spanish market and the prices recorded in the Regulation ( EEC) No 804/ 68 of 27 June 1968 on Community of Ten ; the common organization of the market in milk and milk products (') as last amended by Regula­ Whereas, where it becomes necessary, provision should tion ( EEC) No 3768/ 85 (2) shall be fixed using one or more of the following factors : be made for the possible introduction of a system for the advance fixing of compensatory amounts ; — the difference between the prices recorded on the Spanish market and the prices recorded in the Community of Ten , Whereas Article 73 of the Act provides that appropriate — the quantities of raw materials used in the measures may be taken with a view to ensuring the pro­ manufacture of the products concerned , per functioning of the common organization of the market where the refund on exports is less than the — specific manufacturing costs . compensatory amount or if no refund is applicable ; whereas such measures may in particular provide for the levying of an amount not exceeding the accession Article 3 compensatory amount ;

In trade between the Community of Ten and Spain , the Whereas a certain amount of deflection of trade and accession compensatory amounts shall be levied or 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 munity ; whereas it is therefore justified that measures (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . intended to avoid such deflection and distortion 0 OJ No L 362, 31 . 12 . 1985 , p. 8 .

No L 53 / 24 Official Journal of the European Communities 1.3.86

granted by the Member State concerned whose price third countries is less than the accession compensatory level used for the determination of the accession com­ amount or is not fixed , provision may be made on pensatory amounts is the highest. export from Spain for the measures required to ensure payment of any amount as referred to in the preceding subparagraph . Article 4

Article 6 1 . The accession compensatory amount applicable shall be that in force at the time of acceptance of the declaration of import or export. 1 . The following shall be determined in accordance with the procedure laid down in Article 30 of Regula­ 2 . However, where necessary, the introduction of a tion ( EEC ) No 804/ 68 : system for the advance fixing of the accession compen­ satory amount may be decided in accordance with the (a) the detailed rules for the application of this Regu­ procedure set out in Article 6 . lation and in particular for fixing the accession compensatory amounts ; (b) the procedure for granting and levying accession Article 5 compensatory amounts in order to prevent any deflection of trade or distortion of competition . If, for a product, an accession compensatory amount is fixed which must be deducted from the export refund 2 . Measures to prevent any deflection of trade or dis­ to third countries, and if the refund is less than that tortion of competition may continue to apply for as compensatory amount or is not fixed, an amount equal long as is deemed necessary, after the accession com­ to the difference between the compensatory amount pensatory amounts have been discontinued . and the refund or, as the case may be, to the compensa­ tory amount shall be levied in the new Member State on exports to third countries of the product in question . Article 7 In addition, where refunds vary according to destina­ tion , if the refund applicable on export to one or more 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