31986R0475

1 . 3 . 86 Official Journal of the European Communities No L 53 / 47

COUNCIL REGULATION (EEC) No 475/86 of 25 February 1986 laying down general rules for the system for controlling the prices and the quantities of certain products in the oils and fats sector released for consumption in Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , in order to ensure that the Spanish market is supplied in the event of exceptional circumstances, provision should be made for the possibility of limiting Having regard to the Treaty establishing the European exports in accordance with Article 94 (3 ) of the Act ; Economic Community , whereas an export-monitoring system should, however, be applied when market conditions are normal ; Having regard to the Act of Accession of Spain and Portugal , and in particular Article 89 ( 1 ) thereof, Whereas the price-control system referred to in Article 94 ( 1 ) of the Act should provide for suitable mechanisms, viz. fixing price limits or offsetting the Having regard to the proposal from the Commission , difference between Spanish prices and imports ;

Whereas, pursuant to Article 94 of the Act of Acces­ Whereas in the event of the Spanish production of sun­ sion, a system for controlling the quantities of certain flower seed exceeding domestic consumption , the seeds products in the oils and fats sector which are released exported from Spain and crushed in the Community as for consumption in Spain must be applied until constituted on 31 December 1985 , benefit from the 31 December 1990 in order to maintain those quantities adjustment in the aid referred to in Article 95 (3 ) of the at a level based on average consumption in 1983 and Act ; whereas this situation could give rise to a deflec­ 1984 and adjusted in the light of foreseeable trends in tion of trade ; supply requirements ; whereas each year, therefore, the quantities of those products which may be released for consumption in Spain should be fixed and a supply Whereas Article 89 of the Act provides for the possibil­ balance drawn up ; ity of adopting adequate measures to avoid , in parti­ cular, deflection of trade between Spain and the other Member States ; whereas to this end a compensatory Whereas a system of quantitative restrictions on aid should be granted to Spanish operators so as to imports, as referred to in Article 94 of the Act, should allow them to crush sunflower seeds and to export the be introduced in the case of products or groups of oil therefrom under the same conditions of competition products for which there is a supply shortage ; whereas, as the other Community operators , however, the said restrictions should not apply to imported products which are not intended for the domestic market and should , in the context of the over­ all quantity to be imported from third countries, allow the preference, for which some of those countries are eligible, to be applied ; HAS ADOPTED THIS REGULATION :

Whereas Article 94 of the Act specifies that in the case of soya, the control system should apply to oil but not to beans ; whereas the criteria should therefore be laid down for allocating among operators the quantity of oil Article 1 to be released for consumption on the Spanish market ; whereas the said criteria should take into account the Subject to the conditions laid down in this Regulation , situation obtaining prior to accession and the quanti­ the Kingdom of Spain shall apply the control system ties sold for export each year ; referred to in Article 94 of the Act of Accession until 31 December 1990 . Whereas Spanish operators will, as a result of acces­ sion , lose some of their advantages with regard to exports ; whereas this sudden loss may cause certain difficulties,but these operators will still be required, Article 2 under the control system , to export much of their prod­ uction ; whereas provision should therefore be made for allowing degressive national aid to be granted, if neces­ The control system shall concern the following prod­ sary ; ucts :

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2 . The forecast supply balance may take into account CCT heading No Description traditional levels of imports and exports, if any. ex 12.01 B Oil seeds and oleaginous fruit, whole or broken , other than for sowing, exclud­ 3 . The difference between the production referred to ing soya beans in paragraph 1 (b) and (c) and the supply requirements 12.02 Flours or meals of oil seeds or oleagi­ referred to in paragraph 1 (a) and that relating to the nous fruit, non-defatted (excluding products referred to in paragraph (d), shall be mustard flour) expressed as an overall figure. 15.04 Fats and oils , of fish and marine mam­ mals, whether or not refined 15.07 However, a separate balance may be drawn up for cer­ Fixed vegetable oils, fluid or solid, B , C and D refined or purified, excluding olive oil tain products or for certain uses . 15.12 Animal or vegetable oils and fats, wholly or partly hydrogenated, or soli­ 4. If the balance for a product or group of products is dified or hardened by any other process , negative, the maximum annual quantity which may be whether or not refined, but not further imported in accordance with Articles 6 and 7 shall be prepared that corresponding to that balance . 15.13 Margarine, imitation lard and other pre­ pared edible fats 5 . The forecast supply balance shall be revised at regular intervals . The maximum annual quantity referred to in paragraph 4 may be split up.

6 . In the case of preferential third countries , if the Article 3 protocols referred to in Article 179 of the Act of Acces­ sion or, if there are no such protocols, the autonomous measures adopted pursuant to Article 180 of the said The quantities of vegetable oil and of oil of fish and marine mammals released on the Spanish domestic Act, provide for quantitative restrictions, the quantities resulting from the application of the provisions referred market for direct consumption , for consumption in the to above shall , in accordance with the arrangements for form of margarine or for use in the manufacture of all third countries under this Regulation , be determined other products shall be determined, in respect of each before those for other third countries . calendar year, in accordance with the criteria laid down in Article 94 ( 1 ) of the Act of Accession , and specifying the quantities intended for human consumption (direct or otherwise) and those intended for other uses . The said quantities may be revised during any given year. Article 5

For the purposes of this Regulation , ' imports and exports' shall be taken to mean Spain 's trade with the Member States of the Community as constituted on Article 4 31 December 1985 , with Portugal and with third coun­ tries . 1 . A forecast supply balance for the Spanish market shall , before a date to be determined , be drawn up in respect of each calendar year in the light of : Article 6

(a) the quantity of oil intended for human consump­ The Kingdom of Spain shall make the release, for free tion , as referred to in Article 3 ; circulation in its territory, of the products listed in Article 2 subject to the presentation of an import docu­ (b) the quantity of oil produced from seeds harvested ment . in Spain ;

(c) the quantity of soya oil produced from imported beans and released for consumption on the Span­ Article 7 ish market ;

1 . The Kingdom of Spain shall issue the import docu­ (d) the quantity of oil required for non-food use, and ment to any party concerned who submits an applica­ the quantities produced . tion to that effect, irrespective of the applicant's place of business in the Community . However, the first forecast supply balance shall be drawn up in respect of the period from 1 March to 2 . Applications for import document shall be accom­ 31 December 1986 . panied by security in respect of the undertaking to

1.3 . 86 Official Journal of the European Communities No L 53 / 49

import the products in question during the period of shall be accompanied by security in respect of the validity of the document. The security shall be forfeit in export, during a period to be determined, of any oil whole or in part if the products are not imported during produced in excess of the quantity referred to in that period or are imported in part only . Article 3 .

2 . The quantities referred to in Article 4 ( l)(c) shall 3 . Import documents shall not be issued in respect of be allocated on the basis of the quantities allocated to a quantity greater than that stated in the application . each operator under the national scheme in force prior Without prejudice to the implementation of Article 9 , to accession and shall take account of the quantities when the total quantity of oil produced using the exported by the operator in question . quantities stated in the applications for import docu­ ments reaches the limit specified in Article 4 (4), the Kingdom of Spain shall suspend the issuing of the documents . Article 11

4. Should speculative movements cause disturbances 1 . Where necessary the Kingdom of Spain may, until to or impair the smooth functioning of the Spanish 31 December 1990, grant national aid to oil mills in market, appropriate measures shall be taken to remedy order to allow soya oil produced in excess of the quant­ this . ity referred to in Article 4 ( 1 ) (c) to be exported, prov­ ided the quantity exported does not exceed traditionl levels .

2 . From 1 March to 31 December 1986 the aid granted Article 8 per tonne exported shall not exceed the amount which corresponds to the advantages for which each tonne of For the purposes of Articles 7 , 13 and 14, account shall the product was eligible in 1985 . be taken of the oil content of the different products listed in Article 2 . The oil content shall be fixed at a 3 . For each of the succeeding years the amount per standard rate . tonne of the aid granted shall not exceed 90, 80, 70 and 60 % of the aid referred to in paragraph 2 .

4 . The amounts referred to in paragraphs 2 and 3 shall be fixed in accordance with the procedure laid down in Article 9 Article 16 .

1 . By way of derogation from Article 7 (3 ), any opera­ tor who undertakes to export within a certain time limit a quantity of the product referred to in Article 2 shall Article 12 benefit, under conditions to be set, from the possibility of importing an equivalent quantity of the product. The Kingdom of Spain shall not allow products listed Such undertaking shall be accompanied by a security . in Article 2 to leave its territory unless an export docu­ ment is submitted . 2 . By way of derogation from Article 13 (4), any oper­ ator who undertakes to export within a certain time limit a quantity of the product referred to in Article 2 shall benefit, under conditions to be set, from the possi­ Article 13 bility of importing an equivalent quantity of the prod­ uct. Such undertaking shall be accompanied by a secur­ 1 . The Kingdom of Spain shall issue an export docu­ ity . ment to any person concerned who submits an applica­ tion to that effect, irrespective of that person 's place of 3 . However, with regard to sunflower, the compensa­ business in the Community. tions referred to in paragraphs 1 and 2 may not be made with other products and the export of seed may 2 . Each application for an export document must be not be compensated for by the import of oil . accompanied by a security in respect of the undertak­ ing to export the products concerned during the period of validity of the document . The security shall be for­ feit in whole or in part if the products are not exported during that period or are exported in part only . Article 10 3 . The quantity in respect of which the export docu­ 1 . In the case of imports of soya beans the undertak­ ment is issued shall not exceed that stated in the appli­ ing referred to in Article 94 (2) of the Act of Accession cation .

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4. Where necessary, in order to attain the objectives Article 15 set out in Article 94 of the Act of Accession , a decision may be taken in accordance with Article 38 of Regula­ The control of the level of the consumer prices referred tion No 136/66/ EEC to limit for a certain period the to in Article 94 ( l)(b) of the Act of Accession may, quantity of oil for which export documents may be where necessary, and particularly in the case of issued , in which case, without prejudice to the provi­ Article 4 for the products referred to in Article 2 sions of Article 9, the Kingdom of Spain shall , when include : the oil obtained from the quantities of the products — the fixing of minimum or maximum prices at a stated in the applications reaches the limit referred to marketing stage to be determined, and above, suspend the issuing of documents until the end of the period in question . — the introduction of a levy in respect of the differ­ ence between Spanish prices and the prices of imported products . 5 . The quantities of oil stated in the documents which are issued shall be taken into account when the supply balance is reviewed in accordance with Article 4 ( 5 ).

Article14¶

If in the case of sunflower, colza and rape seed oil , the The detailed rules for the application of this Regulation supply balance drawn up in accordance with Article 4 shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/ EEC of is positive, compensatory aid covering the difference between the price of Spanish seeds and world prices, the Council of 22 September 1966 on the establishment less the import duty charged in Spain on the quantity of a common organization of the market in oils and of cakes, corresponding to the use of the seeds in ques­ fats ('), as last amended by Regulation ( EEC) No 3768 / 85 (2). tion shall be granted in respect of a quantity of sun­ flower, colza and rape seeds harvested in Spain and used for the production of oil intended for export, provided the said quantity does not exceed that corres­ ponding to the supply balance . The amount of that aid Article 17 shall be fixed by the Commission at regular intervals . Exports made pursuant to this Article jnay not benefit from the provisions of Article 9 . 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 172, 30.9 . 1966, p . 3025 /66 . ( 2) OJ No L 362 , 31 . 12 . 1985 , p. 8 .