31986R0471

1 . 3 . 86 Official Journal of the European Communities No L 53 / 37

COUNCIL REGULATION ( EEC) No 471 /86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for eggs on account of the accession of Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas, for the other products covered by Council Regulation ( EEC ) No 2771 / 75 of 29 October 1975 on the common organization of the market in eggs (4) as Having regard to the Treaty establishing the European last amended by Regulation ( EEC) No 3768 / 85 (5), the Economic Community , compensatory amount must be derived from the com­ pensatory amount applicable to eggs in shell , with the help of coefficients to be determined ; Having regard to the Act of Accession of Spain and Portugal , and in particular Article 89 ( 1 ) thereof, Whereas, pursuant to Article 6 of Regulation ( EEC) Having regard to the proposal from the Commission , No 467 / 86, the levying or granting of compensatory amounts applicable to cereals may be restricted to deal with the eventuality referred to in Article 72 ( 5) of the Whereas, pursuant to Article 72 of the Act of Acces­ Act ; whereas account must be taken of such a restric­ sion , differences in the price levels for agricultural tion for products in the eggs sector, in so far as they are products between the Community as constituted at 31 products derived from cereals , to ensure the smooth December 1985 and Spain are to be offset by a system functioning of the common organization of the market ; of compensatory amounts ; whereas for eggs such com­ pensatory amounts are to be calculated in accordance with Article 1 15 of the Act ; Whereas rules should be laid for the levying and grant­ ing of compensatory amounts in order to prevent any deflection of trade ; Whereas the compensatory amount applicable per kilo­ gram of eggs in shell must be calculated on the basis of the compensatory amounts applicable to the quantity Whereas , in cases where it proves necessary , provision of feed-grain necessary for the production in the Com­ should be made for the possibility of introducing a sys­ munity of one kilogram of eggs in shell ; whereas that tem for fixing accession compensatory amounts in ad­ quantity of feed-grain was fixed in Annex I to Council vance , Regulation ( EEC ) No 2773 /75 of 29 October 1975 lay­ ing down rules for calculating the levy and the sluice­ gate price for eggs (') as last amended by Regulation Whereas a certain amount of deflection of trade and ( EEC ) No 2300/77 (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 Whereas the compensatory amount applicable per egg munity ; whereas it is therefore justified that measures for hatching is to be calculated according to the same intended to avoid such deflection and distortion criteria ; should apply for such time as is necessary in order to achieve the desired end ,

Whereas the compensatory amounts applicable to feed-grain were fixed in accordance with Council HAS ADOPTED THIS REGULATION : Regulation ( EEC ) No 467 / 86 of 25 February 1986 lay­ ing down general rules for the system of accession compensatory amounts for the cereals sector (3);

Article 1 Whereas compensatory amounts are intended to prev­ ent disturbance in trade as a result of price differences ; For the purposes of this Regulation : whereas there is accordingly no necessity to apply com­ pensatory amounts where there is no fear of such dis­ — ' Community of Ten ' shall mean the Community as turbance ; constituted before the accession of the Kingdom of Spain and the Portuguese Republic,

(') OJ No L 282 , 1 . 11 . 1975 , p. 64 . 0 OJ No L 271 , 22 . 10 . 1977 , p. 6 . (4) OJ No L 282 , 1 . 11 . 1975 , p . 49 ( 3 ) See p. 25 of this Official Journal . 0 OJ No L 362 , 31 . 12 . 1985 , p . 8 .

No L 53 / 38 Official Journal of the European Communities 1.3.86

— ' accession compensatory amount shall mean a A rticle 6 compensatory amount applicable in trade between the Community of Ten and Spain , and the latter 1 . The accession compensatory amount applicable and third countries . shall be that in force at the time of the acceptance of the import or export declaration .

Article 2 2 . However, should it prove necessary, a decision may be made in accordance with the procedure referred to in Article 8 , to introduce a system of advance fixing of Accession compensatory amounts for eggs in shell shall the accession monetary amount . be equal to the accession compensatory amounts appli­ cable to the quantity of feed-grain necessary for the production in the Community of one kilogram of eggs in shell or of one egg for hatching . Article 7

If, for a product, an accession compensatory amount is Article 3 fixed which must be deducted from the refund on exports to third countries and if the refund is less than that accession compensatory amount or is not fixed , The accession compensatory amounts for the products provision may be made for the levying, on the export listed in Article 1 ( 1 ) (b ) of Regulation ( EEC) from Spain to a third country of the product in ques­ No 2771 / 75 shall be derived from the accession com­ tion , of an amount (not exceeding) the difference pensatory amount applicable to eggs in shell other than between the accession compensatory amount and the eggs for hatching, with the help of coefficients express­ refund, or, as the case may be, the accession compensa­ ing the ratio referred to in Article 5 (2) of the above­ tory amount, mentioned Regulation .

Furthermore, where refunds vary according to destina­ tion if the refund applicable to exports to one or more A rticle 4 third countries is less than the accession compensatory amount or is not fixed , provision may be made on export from Spain for the measures likely to ensure any If Article 6 of Regulation ( EEC) No 467 / 86 is applied levying of the amount referred to in the preceding sub­ for one or more days in the first 75 days of the quarter paragraph . preceding 1 August, 1 November, 1 February or 1 May, the accession compensatory amount applicable during the following quarter for the products referred to in Articles 2 and 3 shall be determined on a quarterly basis according to the average of the amounts deter­ Article 8 mined in the first 75 days of the preceding quarter for cereals up to the quantity of feed-grain referred to in 1 . The following shall be adopted in accordance with Article 1 of Regulation ( EEC) No 2773 / 75 . the procedure laid down in Article 17 of Regulation ( EEC ) No 2771 / 75 : However, if the amount varies by less than 5 % com­ pared with the amount determined for the preceding ( a) rules for granting and levying accession compensa­ quarter, the latter amount shall remain unchanged . tory amounts , in particular in order to prevent any deflection of trade or distortion of competition ;

Article 5 (b) detailed rules for the application of this Regula­ tion , and in particular : 1 . In trade between the Community of Ten and Spain, the accession compensatory amounts shall be — for fixing accession compensatory amounts , levied or granted by the Member State concerned whose level of prices for the quantity of feed-grain laid — for cases in which Article 7 applies . down in Annex I to Regulation ( EEC ) No 2773 / 75 is the highest . 2 . The accession compensatory amounts referred to in Article 5 shall be fixed by the Commission . 2 . In trade between Spain and third countries, the accession compensatory amounts shall be deducted from levies and refunds . 3 . The measures to prevent any deflection of trade or

. 3.86 Official Journal of the European Communities No L 53 / 39

Article 9 distortion of competition may apply, for as long as deemed necessary, after the accession compensatory amounts have been eliminated . 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