31986R0591

No L 58 / 2 Official Journal of the European Communities 1 . 3 . 86

COMMISSION REGULATION (EEC) No 591 /86 of 28 February 1986 laying down detailed rules for the application of the export refunds applicable to trade between the Community as constituted at 31 December 1985 and Spain and Portugal

THE COMMISSION OF THE EUROPEAN Whereas the detailed rules for the application of the COMMUNITIES , export refunds which may be granted in respect of such exports should be laid down ; whereas, for this purpose, the mechanism adopted after the accession of Spain and Portugal for granting accession compensatory Having regard to the Treaty establishing the European amounts in intra-Community trade should be used as a Economic Community, basis ; whereas certain provisions of Commission Regu­ lation ( EEC ) No 548 / 86 (") should be applied to the export refunds in question ; Having regard to the Act of Accession of Spain and Portugal , Whereas , in view of the fact that refunds are in some cases granted in respect of intra-Community trade, the consequences of the existence of such refunds should be specified when refunds are also fixed for export to Having regard to Council Regulation ( EEC) No 804/68 third countries ; of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation ( EEC ) No 3768 / 85 (2), and in particular Whereas refunds may not be fixed in respect of intra- Article 17 thereof, and the corresponding provisions of Community trade unless the consultation procedure Council Regulations ( EEC) No 805 /68 of 27 June 1968 provided for in Article 142 of the Act of Accession , in on the common organization of the market in beef and the case of fruit and vegetables exported to Spain , and veal (3), ( EEC ) No 1035 /72 of 18 May 1972 on the in Article 276 of the said Act, in the case of products common organization of the market in fruit and vegeta­ which are subject to transition by stages and which are bles (4), ( EEC ) No 2727 /75 of 29 October 1975 on the exported to Portugal , have been applied ; common organization of the market in cereals (5), ( EEC ) No 2759 / 75 of 29 October 1975 on the common Whereas the Management Committees concerned have organization of the market in pigmeat (6), ( EEC ) not delivered an opinion within the time limits set by No 2771 / 75 of 29 October 1975 on the common organ­ their respective chairmen , ization of the market in eggs (7), ( EEC ) No 2777 / 75 of 29 October 1975 on the common organization of the market in poultrymeat (8), ( EEC ) No 1418 /76 of 21 June 1976 on the common organization of the mar­ HAS ADOPTED THIS REGULATION : ket in rice (9) and ( EEC) No 377 / 79 of 5 February 1979 on the common organization of the market in wine ( l0),

Article 1 Whereas Articles 141 and 275 of the Act of Accession provide for the possible granting of refunds in respect This Regulation lays down detailed rules for the appli­ of exports to Spain or Portugal from the Community as cation of the export refunds granted by the Community constituted at 31 December 1985 ; whereas this possibil­ of Ten at export and mentioned in Articles 141 and 275 ity is limited to fruit and vegetables covered by Regula­ of the Treaty of Accession either : tion ( EEC ) No 1035 /72 exported to Spain between 1 March 1986 and 31 December 1989 and to products — for products mentioned in Article 131 of the Treaty subject to a transition by stages exported to Portugal of Accession destined for Spain during the period during the first stage as defined in Article 260 of the mentioned in the first indent of that Article , Act ; or — for products mentioned in Article 259 of the Treaty of Accession destined for Portugal during the ( 1 ) OJ No L 148 , 28 . 6. 1968 , p. 13 . (-) OJNoL362, 31 . 12. 1985 , p. 8 . period following the application of Article 260 of (-') OJ No L 148 , 28 . 6. 1968, p. 24. the Treaty . (■») OJ No L 118, 20. 5 . 1972, p. 1 . (?) OJ No L281 , 1 . 11 . 1975 , p. 1 . («•) OJ No L282, 1 . 11 . 1975 , p. 1 . ( 7) OJ No L 282, 1 . 11 . 1975, p. 49. («) OJ No L 282, 1 . 11 . 1975 , p. 77 . (9) OJ No L 166, 25 . 6. 1976, p. 1 . ( 10) OJ No L 54, 5.3 . 1979, p. 1 . (") OJ No L 55 , 1.3 . 1986, p. 52 .

1 . 3 . 86 Official Journal of the European Communities No L 58 / 3

Article 2 where products identical to those referred to in Article 1 are intended for export to third countries . The provisions of Articles 5 to 10 of Regulation ( EEC) No 548/ 86 shall apply mutatis mutandis to the granting of the refunds mentioned in Article 1 . Article 4

Article 3 Where the arrangements provided for in Council Regu­ lations ( EEC) No 565 /80 and ( EEC) No 798 /80 (3) are The fixing, or otherwise, of a refund for products applied , the products shall be regarded as having left referred to in Article 1 shall not be taken into consider­ the geographical territory of the Community when they ation for the purposes of: are released for consumption in Spain or Portugal .

— determining the lowest rate of refund , within the meaning of Article 21 of Commission Regulation ( EEC ) No 2730 / 79 ('), Article 5 — applying Articles 4 (7) and 5 (3 ) of Council Regula­ tion ( EEC ) No 565 / 80 (2); 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 , 28 February 1986

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L317 , 12 . 12 . 1979, p. 1 . 0 OJNoL62 , 7 . 3 . 1980, p. 5 . (■') OJ No L 87 , 1.4. 1980, p. 42 .