31986R0473

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COUNCIL REGULATION ( EEC) No 473/86 of 25 February 1986 laying down the general rules for the system of accession compensatory amounts for olive oil

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 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 Having regard to the Treaty establishing the European intended to avoid such deflection and distortion Economic Community, should apply for such time as is necessary in order to achieve the desired end , Having regard to the Act of Accession of Spain and Portugal , and in particular Articles 72 (5 ), 89 ( 1 ), 234 (2) and 240 ( 5 ) thereof, HAS ADOPTED THIS REGULATION :

Having regard to the proposal from the Commission , A rticle 1

Whereas Articles 68 , 70, 236 and 238 of the Act of For the purposes of this Regulation : Accession provide for the fixing of prices for Spain and Portugal at a level which may be different from the common price levels ; whereas , pursuant to Articles 72 (a) 'Community of Ten ' shall mean the Community as and 240 of the Act, those differences in price are to be constituted before the accession of the Kingdom of Spain and the Portuguese Rebublic ; offset by a system of compensatory amounts ;

Whereas , in the olive oil sector, Articles 68 , 72 , 236 and (b) ' accession compensatory amounts ' shall mean the compensatory amounts applicable in trade 240 of the Act apply to the intervention price ; between : — the Community of Ten and the new Member Whereas, pursuant to Article 1 1 of Regulation States , No 136 / 66 / EEC of the Council of 22 September 1966 on the establishment of a common organization of the — the new Member States in respect of each market in oils and fats ('), at last amended by Regula­ other, tion ( EEC) No 3768 / 85 (2), a consumption aid is granted for oil produced and marketed within the — the new Member States and third countries . Community ; whereas, pursuant to Articles 92(4) and 290 (4) of the Act, the accession compensatory amount referred to above is to be corrected , as appropriate , by the effect of the difference between the Community Article 2 consumption aid applicable in the Community of Ten and that applicable in Spain and Portugal ; 1 . The accession compensatory amount applicable in trade between the Community of Ten and a new Mem­ Whereas the applicable compensatory amount for ber State for olive oil falling within subheading 15.07 A products containing olive oil must take account of the of the Common Customs Tariff, with the exception of oil content of such products, and whereas in the case of the oils referred to in paragraphs 2 and 3 of this Article, refined oils account should be taken of the amount of shall be equal to the difference between the interven­ crude oil required for their manufacture ; tion price fixed for the Community of Ten and the intervention price fixed for the new Member State .

Whereas, should it prove necessary, provision should be made for the possibility of introducing a system for 2 . The accession compensatory amount applicable in fixing accession compensatory amounts in advance ; trade between the Community of Ten and a new Mem­ ber State for olive oil falling within subhead­ ings 15.07 Ala) and 15.07 A II , which is prepared for Whereas a certain amount of deflection of trade and market in accordance with the conditions laid down for distortion of competition may, in particular, occur in the granting of consumption aid , shall be the amount resulting from the application of paragraph 1 corrected by the difference between the consumption aid appli­ 0 OJ No 172, 30 . 9 . 1966, p . 3025 /66 . cable in the Community of Ten and that applicable in 0 OJ No L 362, 31 . 12 . 1985 , p. 8 . the new Member State .

No L 53 / 44 Official Journal of the European Communities 1.3 . 86

If the difference between the consumption aid appli­ ( b ) the accession compensatory amount referred to in cable in the Community of Ten and in the new Mem­ Article 2 (2) shall be charged or granted by which­ ber State exceeds the amount referred to in para­ ever of the two Member States concerned whose graph 1 , the resultant difference shall be applied . intervention price, less the consumption aid , is the higher. 3 . The accession compensatory amount applicable in trade between the Community of Ten and a new Mem­ ber State for olive oil originating in third countries and Article 5 falling within subheading 15.07 A of the Common Cus­ toms Tariff shall be equal to that provided for in para­ The accession compensatory amount applicable shall graph 2 . be the amount which is in force at the time of the acceptance of the import or export declaration . 4 . In trade between the new Member States , the accession compensatory amount shall be equal to the difference between the accession compensatory However, should it prove necessary, a decision may be amount applicable in trade between the Community of made, in accordance with the procedure referred to in Ten and Spain , and the accession compensatory Article 7 to introduce a system for fixing accession amount applicable in trade between the Community of monetary amounts in advance . Ten and Portugal .

5 . The compensatory amount applicable in trade between a new Member State and third countries for A rticle 6 olive oil falling within subheading 15.07 A of the Com­ mon Customs Tariff shall be equal to the amount prov­ If an accession compensatory amount which must be ided for in paragraph 2 . deducted from the export refund to third countries is fixed for a product, and if the refund is less than that accession compensatory amount or is not fixed , provi­ However, for the export of olive oil originating in the sion may be made for the charging, on export of the Community other than that referred to in the first sub­ paragraph of paragraph 2 , the compensatory amount product concerned from a new Member State to a third applicable shall be equal to the amount provided for in country, of an amount not exceeding the difference between the accession compensatory amount and the paragraph 1 . refund, or, as the case may be , the accession compensa­ tory amount . 6 . For olive oil falling within tariff subhead­ ing 15.07 A II , it may be decided to weight the acces­ sion compensatory amount with a coefficient taking Furthermore , if the refund for exports to one or more into account the quantity of olive oil falling within tar­ third countries is less than the accession compensatory iff subheading 15.07 A I required for its production . amount or is not fixed , provision may be made on export for the measures likely to ensure the smooth functioning of the common organization of the olive oil market and the maintenance of trade flows .

Article3¶

The accession compensatory amounts applicable to Article 7 products containing oil referred to in Article 17 of Regulation No 136/66/ EEC shall be calculated from 1 . The following shall be adopted in accordance with the accession compensatory amount applicable , pur­ the procedure laid down in Article 38 of Regulation suant to Article 2 ( 1 ), on the basis of the oil content of No 136 / 66 / EEC : the products in question .

(a) detailed ryles for the granting and charging of accession compensatory amounts in order in parti­ cular to prevent any deflections of trade or distor­ Article 4 tions of competition ;

In intra-Community trade involving at least one new (b) detailed rules for the application of this Regula­ Member State : tion , and in particular the cases in which Article 6 shall apply . (a) the accession compensatory amount referred to in Article 2 ( 1 ) shall be charged or granted by which­ ever of the two Member States concerned whose 2 . Measures to prevent any deflections of trade or dis­ intervention price is the higher ; tortions of competition may apply , for as long as

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deemed necessary, after the abolition of the accession Article 8 compensatory amounts . This Regulation shall enter into force on 1 March 1986. 3 . The accession compensatory amounts shall be fixed by the Commission .

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