31986R0468
No L 53 / 28 Official Journal of the European Communities 1.3.86
COUNCIL REGULATION (EEC) No 468/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for rice on account of the accession of Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, pursuant to Article 117 (6) of the Act the compensatory amount for broken rice is fixed at a level which takes account of the difference between the sup Having regard to the Treaty establishing the European ply price in Spain and the threshold price ; Economic Community,
Whereas, for products processed from rice, the acces Having regard to the Act of Accession of Spain and sion compensatory amounts must be calculated in Portugal , hereinafter referred to as the ' Act', and in accordance with Article 1 17 (5) of the Act ; whereas the particular Article 89 ( 1 ) thereof, coefficients referred to in the said Article should be determined in accordance with the procedure laid down in Article 27 of Regulation ( EEC) No 1418/76 ; Having regard to the proposal from the Commission ,
Whereas Articles 68 and 70 of the Act lay down that, Whereas, in case it should be necessary, provision for Spain , prices may be fixed at different levels from should be made for the introduction of a system for the the common prices ; whereas, by virtue of Article 72 of advance fixing of the accession compensatory amount ; the Act, such differences in price levels must be com pensated for by a system of compensatory amounts ; Whereas, in order to ensure more efficient management of the market and to facilitate trade operations, rules Whereas the compensatory amounts are designed to should be laid down in order to prevent excessively fre prevent disturbances to trade resulting from the differ quent variations in the accession compensatory ences in prices ; whereas compensatory amounts will amounts where Article 72 (5) of the Act is applied ; therefore not have to be applied in cases where such disturbances are unlikely to occur ; Whereas Article 73 of the Act lays down that appro priate measures may be taken with a view to ensuring Whereas Articles 68 , 70 and 72 of the Act apply to the the proper functioning of the common organization of intervention price for rice ; the market if the export refund is less than the compen satory amount or if no refund is applicable ; whereas Whereas the production refund referred to in Article 9 such measures may in particular provide for the levying of Council Regulation ( EEC) No 1418 /76 of 21 June of an amount which shall not be more than the acces 1976 on the common organization of the market in sion compensatory amount ; rice ('), as last amended by the Act, will result in supply prices for the industries concerned which are lower than the prices established by the common organ Whereas a certain amount of deflection of trade and ization of the markets ; whereas the calculation of cer distortion of competition may, in particular, occur in tain accession compensatory amounts should take the final period of moves towards price alignment and account of this fact ; when common prices are applied throughout the Com munity ; whereas it is therefore justified that measures intended to avoid such deflection and distortion Whereas, pursuant to Article 1 17 (2), (3 ) and (4), of the should apply for such time as is necessary in order to Act, compensatory amounts for husked rice, wholly achieve the desired end , milled rice and semi-milled rice are determined on the basis of the rates referred to in Article 1 of Commission Regulation ( EEC) No 467 /67 / EEC of 21 August 1967 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of the HAS ADOPTED THIS REGULATION : rice processing (2), as last amended by Regulation ( EEC) No 1548 / 84 (3); Article 1
For the purposes of this Regulation : (') OJ No L 166, 25 . 6 . 1976, p. 1 . 0 OJ No L 204, 24 . 8 . 1967 , p . 1 . — the ' Community of Ten ' shall be understood to 0 OJ No L 148 , 5 . 6 . 1984. p . 16 . mean the Community as constituted before the
1.3.86 Official Journal of the European Communities No L 53 / 29
accession of the Kingdom of Spain and the Article 4 Portuguese Republic, In trade between the Community of Ten and Spain, the and accession compensatory amounts shall be levied or — 'accession compensatory amount' shall be under granted by the Member State concerned in which the stood to mean the compensatory amounts appli price level used to determine accession compensatory cable in trade between : amounts is highest.
— the Community of Ten and Spain,
— Spain and third countries . Article 5
1 . The accession compensatory amount to be applied shall be that in force at the time of acceptance of the Article 2 import or export declaration .
2 . However, where necessary, a decision may be 1 . For each marketing year the accession compensa tory amount shall be : taken , in accordance with the procedure provided for in Article 8 , to establish a system for the advance fixing of the accession compensatory amount. — for paddy rice, equal to the difference between the intervention price applicable in the Community of Ten and the intervention price fixed for Spain ; this difference may be corrected in order to ensure Article 6 comparability of the products taken into considera tion , 1 . Where , for one of the products referred to in Article — for husked rice, that applicable to paddy rice con 1 (a) and (b) of Regulation ( EEC) No 1418 /76 , the levy verted by means of the conversion rate referred to charged on imports by the Community of Ten is less in Article 1 of Regulation No 467 /67 / EEC , than the accession compensatory amount fixed for the product in question , the Commission shall determine, — for wholly milled rice, that applicable to husked on the basis of the scale set out in the Annex , the rice converted by means of the conversion rate amount applicable as an accession compensatory referred to in Article 1 of Regulation No 467 /67 / amount in trade between the Community of Ten and EEC , Spain and between Spain and third countries .
— for semi-milled rice, that applicable to wholly 2 . However, where the levy lies within a range of val milled rice converted by means of the conversion ues including that of the compensatory amount fixed, rate referred to in Article 1 of Regulation No 467 / the latter shall remain applicable . 67 / EEC , — for broken rice, equal to the difference between the 3 . For the products referred to in Article 1 (c) of Regulation ( EEC) No 1418/76, the amount applicable price of broken rice recorded on the Spanish mar as an accession compensatory amount shall be deter ket over a period to be determined and the mined by the Commission in the light of the variations threshold price fixed for this product in the Com in the amount determined for the basic product pur munity . suant to paragraph 1 . 2 . For the products referred to in Article 1 (c) of Regulation ( EEC) No 1418/76, the accession compen satory amounts shall be derived from those applicable Article 7 to broken rice with the aid of coefficients to be deter mined in the light of the incidence on the price of the Where, for a given product, an accession compensatory product concerned of the application of the compensa amount is fixed which has to be deducted from the tory amount to the price of broken rice . refund on exports to third countries and where the said refund is less than the accession compensatory amount or is not fixed, provision may be made for the levying, upon export from Spain to a third country of the prod Article 3 uct in question , of an amount of not more than the dif ference between the accession compensatory amount and the refund or, depending on the case , the accession For products falling within subheading 10.06 B III compensatory amount itself. intended for the production of beer and 1 1.08 A II of the Common Customs Tariff, the accession compensa tory amounts shall be derived from those applicable to Furthermore , where refunds are differentiated accord the basic product minus the production refund fixed ing to destination , if the refund applicable to an export pursuant to Article 9 of Regulation ( EEC) No 1418 / 76 . to one or more third countries is less than the accession
No L 53 / 30 Official Journal of the European Communities 1.3 . 86
compensatory amount or is not fixed , provision may be (c) the detailed rules for the application of this Regu made for the adoption of measures such as will ensure lation and in particular : the charging, upon export from Spain , of the amount — the fixing of accession compensatory amounts, referred to in the foregoing subparagraph . — cases where Article 7 is applied , — the period over which the prices of broken rice are recorded in Spain for the purposes of the Article 8 application of Article 2(1 ).
1 . The following shall be determined according to the 2 . Measures designed to prevent deflection of trade procedure laid down in Article 27 of Regulation ( EEC) and distortion of competition may be applied for such No 1418 / 76 : time as is considered necessary after the abolition of the accession compensatory amounts . (a) detailed rules for the granting and charging of accession compensatory amounts so as to prevent deflection of trade and distortion of competition ; Article 9
(b) the coefficients provided for in Article 2 (2); This Regulation shall enter into force on 1 March 1986.
This Regulation shall be binding in its entirely and directly applicable in all Member States .
Done at Brussels , 25 February 1986 .
For the Council The President G. BRAKS
1.3.86 Official Journal of the European Communities No L 53 / 31
ANNEX
(ECU/tonnes) Amount applicable as accession Community levy compensatory amount
from 132 to 128,01 130 from 128 to 124,01 126 from 124 to 120,01 122 from 120 to 116,01 118 from 1 16 to 1 12,01 114 from 1 12 to 108,01 110 from 108 to 104,01 106 from 104 to 100,01 102 from 100 to 96,01 98 from 96 to 92,01 94 from 92 to 88,01 90 from 88 to 84,01 86 from 84 to 80,01 82 from 80 to 76,01 78 from 76 to 72,01 74 from 72 to 68,01 70 from 68 to 64,01 66 from 64 to 60,01 62 from 60 to 56,01 58 from 56 to 52,01 54 from 52 to 48,01 50 from 48 to 44,01 46 from 44 to 40,01 42 from 40 to 36,01 38 from 36 to 32,01 34 from 32 to 28,01 30 from 28 to 24,01 26 from 24 to 20,01 22 from 20 to 16,01 18 from 16 to 12,01 14 from 12 to 8.01 10 from 8 to 4,01 6 from 4 to 0,01 2 from 0 0