31986R0472

No L 53 /40 Official Journal of the European Communities 1.3.86

COUNCIL REGULATION (EEC) No 472/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts for poultrymeat on account of the accession of Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES, the common organization of the market in poultry­ meat (4), as last amended by Regulation ( EEC) No 3768 /85 (5), the compensatory amount must be Having regard to the Treaty establishing the European derived from the compensatory amount applicable to Economic Community, slaughtered poultry, 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) No 467 / 86, the levying or granting of compensatory amounts applicable to cereals may be restricted to deal Having regard to the proposal from the Commission, with the eventuality referred to in Article 72 (5 ) of the Act ; whereas account must be taken of such a restric­ Whereas , pursuant to Article 72 of the Act of Acces­ tion for products in the poultrymeat sector, in so far as sion , differences in price levels for agricultural prod­ they are products derived from cereals, in order to ucts between the Community as constituted at ensure the smooth functioning of the common organ­ 31 December 1985 and Spain are to be offset by a sys­ ization of the market ; tem of compensatory amounts ; whereas for poultry­ meat such compensatory amounts are to be calculated in accordance with Article 1 16 of the Act ; Whereas , should it prove necessary, provision should be made for the possibility of introducing a system for fixing accession monetary amounts in advance ; Whereas the compensatory amount applicable per kilo­ gram of slaughtered poultry must be calculated on the Whereas a certain amount of deflection of trade and basis of the compensatory amounts applicable to the distortion of competition may, in particular, occur in quantity of feed-grain necessary for the production in the final period of moves towards price alignment and the Community of one kilogram of slaughtered poul­ when common prices are applied throughout the Com­ try ; whereas that quantity of feed-grain was fixed in munity ; whereas it is therefore justified that measures Annex 1 to Council Regulation ( EEC) No 2778 /75 of intended to avoid such deflection and distortion 29 October 1985 laying down rules for calculating the should apply for such time as is necessary in order to levy and the sluice-gate price for poultrymeat ('), as last achieve the desired end ; amended by Regulation ( EEC ) No 750 / 81 (2);

Whereas rules should be laid down for the levying and Whereas the compensatory amount applicable per granting of compensatory amounts in order to prevent chick is to be calculated according to the same criteria ; any deflection of trade,

Whereas the compensatory amounts applicable to feed­ HAS ADOPTED THIS REGULATION : grain were fixed in accordance with Council Regula­ tion ( EEC ) No 467 / 86 of 25 February 1986 laying down general rules for the system of accession compen­ satory amounts for the cereals sector (3); Article 1

Whereas compensatory amounts are intended to prev­ For the purposes of this Regulation : ent disturbance in trade as a result of price differences ; whereas there is accordingly no necessity to apply com­ — ' Community of Ten ' shall mean the Community as pensatory amounts where there is no fear of such dis­ constituted before the accession of the Kingdom of turbance ; Spain and the Portuguese Republic, — ' accession compensatory amount' shall mean a Whereas , for the other products covered by Council compensatory amount applicable in trade between Regulation ( EEC ) No 2777 / 75 of 29 October 1975 on the Community of Ten and Spain , and between the latter and third countries .

0 OJ No L 282 , 1 . 11 . 1975 , p. 84 . 0 OJ No L 80, 26 . 3 . 1981 , p. 1 . 0 OJ No L 282 , 1 . 11 . 1975 , p. 77 . 0 See p. 25 of this Official Journal . 0 OJ No L 362 , 31 . 12 , 1985 , p. 8 .

1.3.86 Official Journal of the European Communities No L 53 / 41

A rticle 2 2 . However, where it proves necessary , a decision may be made in accordance with the procedure referred Accession compensatory amounts for slaughtered poul­ to in Article 8 , to introduce a system for fixing acces­ try and chicks shall be equal to the accession compen­ sion compensatory amounts in advance. satory amounts applicable to the quantity of feed-grain necessary for the production in the Community of one kilogram of poultrymeat or of one chick . 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 The accession compensatory amounts for the products that accession compensatory amount or is not fixed , listed in Article 1 (2) (d) of Regulation ( EEC ) provision may be made for the levying, on the export No 2777 / 75 shall be derived from the accession com­ from Spain to a third country of the product concerned , pensatory amount applicable to slaughtered poultry, of an amount not exceeding the difference between the with the help of coefficients expressing the ratio accession compensatory amount and the refund , or, as referred to in Article 5(1 ) of the abovementioned the case may be , the accession compensatory amount . Regulation .

Furthermore, where refunds vary according to destina­ tion , if the refund applicable to exports to one or more third countries is less than the accession compensatory Article 4 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 amount applicable as the accession compensatory amount during the following quarter for the products referred to in Articles 2 and 3 shall be determined on a Article 8 quarterly basis according to the average of the amounts determined in the first 75 days of the preceding quarter for cereals making up the quantity of feed-grain 1 . The following shall be adopted in accordance with referred to in Article 1 of Regulation ( EEC) No 2778 / the procedure laid down in Article 17 of Regulation 75 . ( EEC ) No 2777 / 75 :

However, if the amount varies by less than 5 % com­ (a) rules for granting and levying accession compensa­ pared with the amount determined for the preceding tory amounts , in particular in order to prevent any quarter, the latter amount shall remain unchanged . deflection of trade or distortion of competition ;

(b) detailed rules for the application of this Regula­ Article 5 tion , and in particular :

— for fixing accession compensatory amounts , 1 . In trade between the Community of Ten and Spain, accession compensatory amounts shall be levied — for cases in which Article 7 applies . or granted by the Member State concerned whose level of prices for the quantity of feed-grain laid down in 2 . The accession compensatory amounts referred to in Annex I to Regulation (EEC) No 2778 /75 is the high­ est . Article 4 shall be fixed by the Commission .

2 . In trade between Spain and third countries , the accession compensatory amounts shall be deducted 3 . The measures to prevent any deflection of trade or from levies and refunds . distortion of competition may apply, for the period considered necessary, after the accession compensatory amounts have been discontinued .

Article6¶

Article 9 1 . The accession compensatory amount applicable shall be that in force at the time of the acceptance of the import or export declaration . This Regulation shall enter into force on 1 March 1986 .

No L 53 / 42 Official Journal of the European Communities 1.3.86

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