31986R0470

1.3 . 86 Official Journal of the European Communities No L 53 / 35

COUNCIL REGULATION (EEC) No 470/86 of 25 February 1986 laying down the general rules governing the system of accession compensatory amounts relating to beef and veal

THE COUNCIL OF THE EUROPEAN COMMUNITIES, constituted before the accession of Spain and Por­ tugal , Having regard to the Treaty establishing the European Economic Community, — 'accession compensatory amount' shall mean com­ pensatory amounts applicable in trade between the Community of Ten and Spain and between the lat­ Having regard to the Act of Accession of Spain and ter and other countries . Portugal , and in particular Articles 72 (5) and 89 ( 1 ) thereof,

Having regard to the proposal from the Commission, Article 2

Whereas Articles 68 and 70 of the Act of Accession The accession compensatory amounts for carcases in make provision, in respect of Spain, for prices to be the categories as referred to in the first indent of fixed at a level which may be different from that of the Article 3 ( 1 ) of Council Regulation ( EEC) No 1208 / 81 common prices ; whereas , pursuant to Article 72 of the of 28 April 1981 determining the Community scale for Act, such differences in price levels will be offset by a the classification of carcases of adult bovine ani­ system of compensatory amounts ; mals ('), and classified as quality R 3 in accordance with that Regulation, shall be equal for each marketing Whereas compensatory amounts are intended to avoid year to the difference between the common interven­ disturbances in trade resulting from price differences ; tion price in the Community of Ten for those products whereas the application of compensatory amounts is and the price fixed in Spain for the corresponding consequently not required where there is no reason to products, taking the guarantee price into account. fear such disturbances ; However, that difference shall be corrected so as to take into account the incidence of national aid referred to in point VIII of the Annex to Regulation ( EEC) Whereas a certain amount of deflection of trade and No 3773 /85 (2). 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 intended to avoid such deflection and distortion Article 3 should apply for such time as is necessary in order to achieve the desired end ; The accession compensatory amounts for products other than carcases as referred to in Article 2 shall be Whereas Articles 70 and 72 of the Act apply to the determined in accordance with the procedure referred intervention purchasing price for beef and veal appli­ to in Article 7(1 ) using coefficients expressing the ratio cable in Spain and valid for carcases meeting Com­ between the value within the Community of Ten munity quality standards ; between those products on the one hand and the car­ cases as referred to in Article 2 on the other. Whereas the accession compensatory amounts for other products should be calculated in accordance with Article 101 of the Act ; whereas the procedures for cal­ culating the coefficients referred to in that Article Article 4 should be defined ,

In intra-Community trade, the accession compensatory amounts shall be collected or granted by whichever of HAS ADOPTED THIS REGULATION : the two Member States concerned whose level of prices used for the determination of the accession compensa­ tory amounts is the higher. Article 1

Within the meaning of this Regulation : (>) OJ No L 123 , 7 . 5 . 1981 , p . 3 . — ' Community of Ten ' shall mean the Community as 0 OJNoL362 , 31 . 12 . 1985 , p. 32 .

No L 53 / 36 Official Journal of the European Communities 1.3.86

Article5¶

1 . The accession compensatory amount applicable 1 . The following shall be adopted in accordance with shall be that in force at the time of acceptance of the the procedure laid down in Article 27 of Regulation import or export declaration . ( EEC) No 805 /68 ('), as last amended by Regulation ( EEC) No 3768 /85 (2): 2 . However, where it proves necessary, a system for advance fixing of the compensatory amount may be ( a) the procedures for granting and levying accession adopted in accordance with the procedure referred to compensatory amounts , in particular so as to prev­ in Article 7 ( 1 ). ent any deflections of trade or distortions of com­ petition ;

Article 6 ( b) detailed rules for the application of this Regula­ tion , in particular as regards : If an accession compensatory amount is fixed for a product and must be deducted from the refund on — the fixing of accession compensatory amounts , export to third countries and if the refund is less than the accession compensatory amount or is not fixed, — the cases where Article 6 is to be applied . provision may be made, for the collection on export of the product in question from Spain to Portugal or to a third country, of an amount at least equal to the differ­ 2. The measures intended to prevent any deflections ence between the accession compensatory amount and of trade or distortions of competition may apply, for as the refund , or, as the case may be , to the accession long as deemed necessary, after the abolition of the compensatory amount . accession compensatory amounts .

Furthermore, if the refund for exports to one or more third countries or to Portugal is less than the accession compensatory amount or is not fixed, provision may be Article 8 made for such measures as may be necessary to ensure the possible collection, on exportation from Spain , of the amount referred to in the preceding subparagraph . 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

(') OJ No L 148 , 28 . 6 . 1968 , p . 24. O OJ No L 362 , 31 . 12 . 1985 , p. 8 .