31986R0469

No L 53 / 32 Official Journal of the European Communities 1.3 . 86

COUNCIL REGULATION (EEC) No 469/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts in the sugar sector

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas features of sugar production in the new Mem­ ber States show that this need to correct the compensa­ tory amounts exists only with regard to trade between Having regard to the Treaty establishing the European Portugal, not including the autonomous region of the Economic Community, Azores, and the other regions of the Community, and between Portugal and third countries ; whereas provi­ sion should accordingly be made for an adjustment of the accession compensatory amounts for such trade ; Having regard to the Act of Accession of Spain and Portugal , and in particular Articles 89 ( 1 ) and 234 (2) thereof, Whereas Articles 109 and 302 (2) of the Act provide for the fixing of accession compensatory amounts for cer­ tain products in the sugar sector with a view to prevent­ Having regard to the proposal from the Commission , ing any risk of disturbance in trade ; whereas, in view of the conditions of production of those various products , such a risk of disturbance can be ruled out for isoglu­ Whereas Articles 68 , 70, 236 and 238 of the Act of cose only ; whereas provision should consequently be Accession provide, for Spain and Portugal , for the fix­ made for the fixing of accession compensatory ing of prices at a level which may be different from that amounts for the other products ; of the common prices ; whereas, under Articles 72 and 240 of the Act, such differences in price levels are to be offset by a system of compensatory amounts ; Whereas Articles 73 and 241 of the Act of Accession provide that appropriate measures may be taken with a view to ensuring the proper functioning of the common Whereas the compensatory amounts are intended in organization of the market where export refunds or, as particular to prevent disturbance of trade as a result of the case may be, export or import levies are less than price differences ; whereas, consequently, the applica­ the compensatory amount, or if no refund or no levy is tion of compensatory amounts is only required where applicable ; whereas such measures may in particular such disturbance is to be feared ; provide for the application of an amount at least equal to the accession compensatory amount ; whereas provi­ sion should be made, however, for the possibility of Whereas in the sugar sector, Articles 68 , 70, 72 , 236, 238 adjusting under certain circumstances the amount and 240 of the Act of Accession relate to the interven­ granted to the quantity of raw cane sugar referred to in tion prices for white sugar and to the basic price for Article 303 ( 1 ) of the Act and to any quantities beet ; whereas, in accordance with the prices recorded imported from third countries to Portugal on account in the acts of the Conference, the common prices for of insufficient availability of Community raw sugar, comparison in the sugar sector are, in the case of Spain, and in particular of raw sugar originating in the French the non-derived common prices , and in the case of Por­ overseas departments , when the supply of Portuguese tugal , the derived common prices as applied in Ireland refineries risks being called into question by a rise in and in the United Kingdom in accordance with Art­ the price of sugar on the world market ; icles 3 and 5 of Council Regulation ( EEC) No 1785 / 81 of 30 June 1981 on the common organization of the markets in the sugar sector ('), as last amended by Regulation ( EEC) No 3768 / 85 (2); Whereas , should it prove necessary, provision shall be made for the possibility of introducing a system for fix­ ing accession monetary amounts in advance ; Whereas the second subparagraphs of Articles 108 and 302(1 ) of the Act provide that the compensatory Whereas a certain amount of deflection of trade and amount is to be corrected , to the extent necessary for the smooth functioning of the common organization of distortion of competition may, in particular, occur in the market, by the incidence of the compensation levy the final period of moves towards price alignment and when common prices are applied throughout the Com­ for storage costs ; munity ; whereas it is therefore justified that measures intended to avoid such deflection and distortion should apply for such time as is necessary in order to (') OJ No L 177 , 1.7 . 1981 , p . 4. O OJ No L 362, 31 . 12 . 1985 , p . 8 . achieve the desired end,

1.3.86 Official Journal of the European Communities No L 53 / 33

HAS ADOPTED THIS REGULATION : — the other Member States of the Community, — third countries,

Article 1 the accession compensatory amount applicable for white sugar shall be increased, pursuant to the For the purposes of this Regulation : second subparagraph of Article 302 ( 1 ) of the Act of Accession, by all or part of the storage levy . (a) ' Community of Ten ' shall mean the Community as constituted before the accession of the Kingdom of For the period from 1 March to 30 June 1986 , the Spain and the Portuguese Republic ; increase shall be equal to 4,25 ECU per 100 kg of white sugar. (b) ' accession compensatory amount' shall mean a For the marketing years from 1 July 1986, the suc­ compensatory amount applicable in trade between : cessive increases shall be equal to six-sevenths, five-sevenths , four-sevenths , three-sevenths, two­ — the Community of Ten and the new Member sevenths and one-seventh of the storage levy appli­ States , cable for each of the marketing years concerned ; — the new Member States , — the new Member States and third countries , (b) in trade between Portugal, not including the auton­ omous region of the Azores , and the autonomous — Portugal, not including the autonomous region region of the Azores, the increases provided for in of the Azores , and the autonomous region of the second and third subparagraphs of (a) shall be the Azores . applied as an accession compensatory amount.

3 . For trade between the new Member States , the Article 2 accession compensatory amount shall be equal to the sum of or, as the case may be , difference between the accession compensatory amount applicable in trade 1 . Without prejudice to the provisions of paragraph 2, between the Community of Ten and Spain and the for white sugar and fresh beet, the accession compensa­ accession compensatory amount applicable in trade tory amount in question shall , for each marketing year, be : between the Community of Ten and Portugal .

(a) in the case of Spain, — equal to the difference between the interven­ tion price for white sugar as provided for in Article 3 ( 1 ) (a) of Regulation ( EEC) A rticle 3 No 1785 / 81 , applicable in the non-deficit areas of the Community of Ten and the intervention 1 . Accession compensatory amounts shall be fixed as price for white sugar fixed for Spain , necessary to prevent any risk of disturbance in trade :

— equal to the difference between the basic price for beet applicable in the Community of Ten (a) for the products listed in Article 1 ( 1 ) (b) of Regula­ and that fixed for Spain ; tion ( EEC) No 1785 / 81 other than fresh beet ;

(b) for the products falling within Common Customs (b) in the case of Portugal , Tariff subheading 17.01 B ; — equal to the difference between the derived intervention price for white sugar fixed for Ire­ ( c) for the relevant products listed in Article 1 ( l)(d) land and the United Kingdom and the inter­ of Regulation ( EEC ) No 1785 / 81 . vention price for white sugar fixed for Portu­ gal , — equal to the difference between the basic price 2 . Accession compensatory amounts shall be deter­ fixed for beet, increased by the incidence of the mined : regionalization of the prices provided for Ire­ land and the United Kingdom on the one hand, and the basic price for beet fixed for Por­ (a) for the products referred to in paragraph 1 (a), on tugal on the other hand . the basis of the compensatory amount applicable to fresh beet ;

2 . However, (b) for the products referred to in paragraph 1 (b) and (a) in trade between Portugal, not including the auton­ (c), on the basis of the compensatory amount omous region of the Azores, and applicable to white sugar.

No L 53 / 34 Official Journal of the European Communities 1.3 . 86

Article 4 Community raw sugar and in particular of raw sugar originating in the French overseas depart­ In intra-Community trade, accession compensatory ments, that amount may be adjusted to the extent amounts shall be levied or granted by the Member necessary to ensure the supply of Portuguese refi­ State concerned whose price level used for the determi­ neries under price conditions analogous to those nation of the accession compensatory amounts is the obtaining for preferential sugar. highest. 2 . If, where export refunds vary according to the des­ tination , the refund is less than the accession compen­ Article 5 satory amount or is not fixed, provision may be made to take, on export from a new Member State, measures 1 . The accession compensatory amount applicable likely to ensure any levying of the amount referred to in shall be that in force on the date on which the customs paragraph 1 . services accept the import or export declaration , as the case may be . 3 . Where export levies are applied, a decision may be made in trade between the new Member States and 2 . However, should it prove necessary, a decision may third countries that Articles 72 (3) (b) and 240 (3 ) (b) of be made in accordance with the procedure laid down in the Act of Accession and paragraph 1 of this Article Article 7 to introduce a system for fixing the accession shall also apply. compensatory amount in advance .

Article7¶

1 . Detailed rules for the application of this Regula­ 1 . In trade between a new Member State and a third tion, and in particular for the fixing, granting and levy­ country, if the accession compensatory amount is to be ing of accession compensatory amounts , shall be deducted from the export refund or, as the case may be, adopted in accordance with the procedure laid down in from the import levy, provision may be made : Article 41 of Regulation ( EEC) No 1785 / 81 .

(a) where the refund or the levy is less than the com­ 2 . The measures adopted in accordance with the pro­ pensatory amount, to apply an amount that does cedure referred to in paragraph 1 which are intended to not exceed the difference between the accession prevent deflection of trade and distortion of competi­ compensatory amount and the refund or the levy ; tion may apply, as long as deemed necessary, after the accession compensatory amounts have been discontin­ (b) where no refund or levy is fixed , to apply an ued . amount equal to the accession compensatory amount. However, with regard to the import into Portugal of the quantity of raw cane sugar referred to in Article 303 of the Act of Accession , and of Article 8 any quantities imported from third countries into Portugal on account of insufficient availability of 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