31986R0476

1.3.86 Official Journal of the European Communities No L 53 / 51

COUNCIL REGULATION (EEC) No 476/86 of 25 February 1986 laying down general rules for the mechanism for controlling the prices and the quantities of certain products in the oils and fats sector released for consumption in Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES , scheme, be allowed to crush those seeds and export the oil thereof under the same conditions of competition as other Community traders, Having regard to the Treaty establishing the European Economic Community ,

HAS ADOPTED THIS REGULATION : Having regard to the Act of Accession of Spain and Portugal , and in particular Article 234 (2) thereof, Article 1 Having regard to the proposal from the Commission , Subject to the conditions laid down in this Regulation, the Portuguese Republic shall apply the control Whereas, pursuant to Article 292 of the Act of Acces­ mechanism referred to in Article 292 of the Act of sion , a mechanism for controlling the quantities of cer­ Accession until 31 December 1990 . tain products in the oils and fats sector which are released for consumption in Portugal must be applied until 31 December 1990 in order to maintain those quantities at a level based on average consumption in Article 2 1980 and 1983 and adjusted in the light of foreseeable trends in supply requirements ; whereas each year, 1 . The mechanism for controlling the quantities therefore, the quantities of those products which may released for consumption on the Portuguese domestic be released for consumption in Portugal should be market shall concern the following products : fixed and a supply balance drawn up ;

CCT heading No Description Whereas a system of quantitative restrictions on imports, as referred to in Article 292 of the Act, should 12.01 B Oilseeds and oleaginous fruit, whole or be introduced in the case of products or groups of broken , other than for sowing products for which there is a supply shortage ; whereas, 12.02 Flours or meals of oilseeds or oleagi­ however, the said restrictions should not apply to nous fruit, non-defatted ( excluding imported products which are not intended for the mustard flour) domestic market and should , in the context of the over­ ex 15.07 Fixed vegetable oils , fluid or solid , all quantity to be imported from third countries, allow B , C , D refined or purified , excluding olive oil , the preference, for which some of those countries are intended for human consumption eligible, to be applied ; ex 15.12 Animal or vegetable oils and fats , wholly or partly hydrogenated , or soli­ dified or hardened by any other process, Whereas, in order to ensure that the Portuguese market whether or not refined, but not further is supplied in the event of exceptional circumstances, prepared , intended for human con­ sumption provision should be made for the possibility of limiting exports in accordance with Article 292 (3 ) of the Act ; whereas an export-monitoring system should, however, be applied when market conditions are normal ; 2 . Portugal shall adopt suitable measures to ensure that products falling within subheadings 15.07 B, C and Whereas , in order to ensure the price-control referred to D and heading No 15.12 of the Common Customs Tar­ in Article 292 ( 1 ) of the Act, suitable arrangements iff , which are imported, for purposes other than human should be provided for ; whereas such arrangements consumption , and are not covered by the control could take the form of fixing price limits or offsetting mechanism , are used for the purpose stated . the difference between Portuguese prices and prices of imports ; Article 3 Whereas the aid for seeds produced in Portugal and exported and crushed in the Community is adjusted in The quantities of vegetable oil intended for human accordance with Article 293 (3 ) of the Act ; whereas consumption and released on the Portuguese domestic Portuguese operators should , via a compensatory aid market for direct consumption , for consumption in the

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form of margarine or for use in the manufacture of with the Member States of the Community as consti­ other products shall be determined, in respect of each tuted on 31 December 1985 , with Spain and with third calendar year, in accordance with the criteria laid down countries . in Article 292 ( 1 ) of the Act of Accession . They may be revised during any given year. Article 6

The Portuguese Republic shall make the release , for free circulation in its territory, of the products listed in Article 4 Article 2 subject to the presentation of an import docu­ ment .

1 . A forecast supply balance for the Portuguese mar­ ket shall , before a date to be determined , be drawn up Article 7 in respect of each calendar year in the light of: 1 . The Portuguese Republic shall issue the import (a) the quantity of oil intended for human consump­ document to any party concerned who submits an tion , as referred to in Article 3 ; application to that effect, irrespective of the applicant's place of business in the Community . (b) the quantity of oil produced from seeds produced in Portugal . 2 . Applications for import documents must be accom­ panied by security in respect of the undertaking to However, the first forecast supply balance shall be enter the products in question for consumption during drawn up in respect of the period from 1 March to the period of validity of the document. The security 31 December 1986 . shall be forfeit in whole or in part if the products are not imported during that period or are imported in part 2 . The forecast supply balance may take into account only . traditional import and export levels , if any . 3 . Import documents shall not be issued in respect of 3 . The difference between the production referred to a quantity greater than that stated in the application . in paragraph 1 (b) and the supply requirements referred Without prejudice to the provisions of Article 9 , when to in paragraph 1 (a) shall be expressed as an overall the total quantity of oil produced using the quantities figure . stated in the applications reaches the limit specified in Article 4 (4), the Portuguese Republic shall suspend the issuing of the documents . However, a separate balance may be drawn up for cer­ tain products or for certain uses . 4. Should speculative movements bring about dis­ turbances or impair the smooth running of the 4. If the balance for a product or group of products is Portuguese market, appropriate measures shall be taken negative, the maximum annual quantity which may be to remedy the situation . imported in accordance with Articles 6 and 7 shall be corresponding to that balance .

Article 8 5 . The forecast supply balance shall be revised at regular intervals, and the maximum annual quantity referred to in paragraph 4 may be split up . This revision For the purposes of Articles 7 (3 ) and 12(3 ), account shall be taken of the oil content of the different prod­ shall take into account any exports made . ucts listed in Article 2 . The oil content shall be fixed at a standard rate . 6 . In the case of preferential third countries, if the protocols referred to in Article 366 of the Act of Acces­ sion or, if there are no such protocols, the autonomous Article 9 measures adopted pursuant to Article 367 of the said Act, provide for quantitative restrictions, the quantities resulting from the application of the provisions referred 1 . By way of derogation from Article 7 (3 ), any opera­ to above shall, in accordance with the arrangements for tor who undertakes to export within a certain time limit all third countries under this Regulation , be determined a quantity of the product referred to in Article 2 shall before those for other third countries . benefit, under conditions to be set, from the possibility of importing an equivalent quantity of the product. Such undertaking shall be accompanied by a security.

Article 5 2 . By way of derogation from Article 1 1 (4), any oper­ ator who undertakes to export within a certain time For the purposes of this Regulation, ' imports and limit a quantity of the product referred to in Article 2 exports ' shall be taken to mean Portugal 's trade both shall benefit, under conditions to be set, from the possi­

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bihty of importing an equivalent quantity of the prod­ Article 12 uct. Such undertaking shall be accompanied by a secur­ ity . Compensatory aid covering the difference between the price of Portuguese seeds and world prices, less the import duty charged in Portugal on the quantity of Article 10 cakes corresponding to the use of the seeds in question shall be granted in respect of a quantity of sunflower The Portuguese Republic shall not allow products seeds harvested in Portugal and used for the produc­ listed in Article 2 to leave its territory unless an export tion of oil intended for export. The amount of the aid document is submitted . shall be fixed by the Commission at regular intervals . Exports made under this Article may not benefit from the provisions of Article 9 . Article 11

1 . The Portuguese Republic shall issue an export Article 13 document to any person concerned who submits an application to that effect, irrespective of that person 's place of business in the Community . The control of the level of the consumer prices referred to in Article 292 ( 1 ) (b) of the Act of Accession may, where necessary, and particularly in the case of 2 . Each application for an export document must be Article 9 , for the products referred to in Article 2 , accompanied by security in respect of the undertaking include : to export the products concerned during the period of validity of the document. The security shall be forfeit in — the fixing of minimum or maximum prices at a whole or in part if the products are not exported during marketing stage to be determined, and that period or are exported in part only. — the introduction of a levy in respect of the differ­ ence between Portuguese prices and those of 3 . The quantity in respect of which the export docu­ imported products . ment is issued shall not exceed that stated in the appli­ cation .

4. Where necessary, in order to attain the objectives Article 14 set out in Article 292 of the Act of Accession , a deci­ sion may be taken in accordance with the procedure The detailed rules for the application of this Regulation referred to in Article 14 to limit for a certain period the shall be adopted in accordance with the procedure laid quantity of oil for which export documents may be down in Article 38 of Regulation No 136/66/ EEC of issued . In that case, without prejudice to the applica­ the Council of 22 September 1966 on the establishment tion of Article 9 , Portugal shall , when the oil obtained of a common organization of the market in oils and from the quantities of the products stated in the appli­ fats (') as last amended by Regulation (EEC) cations reaches the limit referred to above, suspend the No 3768 /85 (2). issuing of documents until the end of the period in question .

Article 15 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 ). 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 1 72, 30. 9. 1 966, p . 3025 /66 . (-) OJ No L 362, 31 . 12 . 1985 , p. 8 .