31986R0706

No L 64/26 Official Journal of the European Communities 6. 3 . 86

COMMISSION REGULATION (EEC) No 706/86 of 5 March 1986 fixing the import levies on products processed from cereals and rice from Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Treaty, is obliged to adopt the precautionary measures essential to ensure continuity of operation of the common agricultural policy in the cereals sector ; Having regard to the Treaty establishing the European Economic Community, Whereas, in order to ensure continuity of operation of the Having regard to the Act of Accession of Spain and import arrangements for cereals, the prices set in Article 2 Portugal, of Regulation (EEC) No 2124/85 Q, should be used for calculation of the levies on processed products ; whereas Having regard to Council Regulation (EEC) No 2727/75 these prices will be adjusted, beginning on 1 September of 29 October 1975 on the common organization of the 1985, by amounts equal to the montly increases fixed by market in cereals ('), as last amended by Regulation (EEC) Regulation (EEC) No 1020/84 ; No 3793/85 (2), and in particular Article 14 (4) thereof, Whereas Commission Regulation (EEC) No 1579/74 of Having regard to Council Regulation (EEC) No 1418/76 24 June 1974 on the procedure for calculating the import of 21 June 1976 on the common organization of the levy on products processed from cereals and from rice market in rice (3), as last amended by Regulation (EEC) and for the advance fixing of this levy for these products No 3793/85 (4), and in particular Article 12 (4) thereof, and for compound feedingstuffs manufactured from cereals (8), as last amended by Regulation (EEC) No Having regard to the opinion of the Monetary Committee, 1740/78 (®), provides that the levy thus determined, increased by the fixed component is valid in general for one month but is altered where the levy applicable to the Whereas the rules to be applied in calculating the variable basic product concerned differs by not less than 3,02 ECU component of the import levy on products processed per tonne from the average of the levies calculated as from cereals and rice are laid down in Article 14 ( 1 ) (A) of described above ; Regulation (EEC) No 2727/75 and Article 12 (1 ) (a) of Regulation (EEC) No 1418/76 ; whereas Article 2 of Council Regulation (EEC) No 2744/75 of 29 October Whereas in accordance with Article 5 of Regulation (EEC) 1975 on the import and export system for products No 2744/75 and Article 2 of Regulation (EEC) No processed from cereals and rice (*), as last amended by 1579/74, the levy on certain processed products must be Regulation (EEC) No 1027/84 (*), provides that the inci­ reduced by an amount equal to the production refund dence on the prime costs of these products of the levies granted in respect of basic products for processing ; applicable to their basic products should be calculated on whereas Regulation (EEC) No 1921 /75 (10), as amended by the basis of the average of the levies applicable to these Regulation (EEC) No 2415/75 ("), laid down certain tran­ basic products for the first 25 days of the month prece­ sitional measures in respect of starches ; ding that of importation ; whereas this average, adjusted on the basis of the threshold price valid for the basic products in question during the month of importation is Whereas the fixed component of the levy is specified in calculated on the basis of the quantities of basic products Regulation (EEC) No 2744/75 ; whereas, in accordance considered to have been used in the manufacture of the with Regulation (EEC) No 2742/75 (12), as last amended processed product or the competing product which serves by Regulation (EEC) No 1499/85 (13), the variable compo­ as a reference for processed products not containing nent of the levy on certain processed products must be cereals ; reduced by the incidence of the production refund granted in respect of basic products intended for proces­ sing ; Whereas the 1985/86 marketing year for cereals other than durum wheat begins on 1 August 1985 ; whereas the Whereas, in respect of products falling within subheading Council has not, to date, adopted prices for these products 07.06 A of the Common Customs Tariff, Council Regula­ for the 1985/86 marketing year ; whereas the Commis­ tion (EEC) No 604/83 of 14 March 1983 on the import sion, in compliance with the tasks entrusted to it by the 0 OJ No L 198 , 30. 7. 1985, p. 31 . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . («) OJ No L 168, 25. 6. 1974, p. 7. 0 OJ No L 367, 31 . 12. 1985, p. 19 O OJ No L 202, 26. 7. 1978, p. 8. 0 OJ No L 166, 25. 6. 1976, p. 1 . H OJ No L 195, 26. 7. 1975, p. 25. (4) OJ No L 362, 31 . 12. 1985, p. 8 . (") OJ No L 247, 23. 9. 1975, p. 22. 0 OJ No L 281 , 1 . 11 . 1975, p. 65. H OJ No L 281 , 1 . 11 . 1975, p. 57. (*) OJ No L 107, 19 . 4. 1984, p. 15. H OJ No L 151 , 10. 6. 1985, p. 24.

6. 3 . 86 Official Journal of the European Communities No L 64/27

system applicable in 1983 to 1986 to products falling Portugal (3), the same arrangements are to be applied in within subheading 07.06 A of the Common Customs the case of Spain ; whereas a levy should be applied Tariff and amending Regulation (EEC) No 950/68 on the pursuant to those arrangements and whereas that levy Common Customs Tariff (') lays down the terms on should be calculated in accordance with the rules laid which the import levy may be charged at 6 % ad down in Regulation 156/67/EEC and taking into account valorem and provides for the Common Customs Tariff to the situation with regard to market prices in Portugal ; be amended accordingly ; and whereas, in the case of imports into Spain the acces­ sion compensatory amount applicable to trade between Whereas, if the levy system is to operate normally levies Spain and the Community as constituted at 31 December should be calculated on the following basis : 1985 should be deducted from the levy ; — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas, in accordance with Article 18 ( 1 ) of Regulation of 2,25% , a rate of exchange based on their central (EEC) No 2727/75, the nomenclature provided for in this rate, multiplied by the corrective factor provided for in Regulation is incorporated in the Common Customs the last paragraph of Article 3 ( 1 ) of Council Regula­ Tariff, tion (EEC) No 1676/85 (2), — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of HAS ADOPTED THIS REGULATION : these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient ; Article 1 Whereas, pursuant to Article 272 of the Act of Accession, The import levies to be charged on the products listed in the Community as constituted at 31 December 1985 Article 1 (d) of Regulation (EEC) No 2727/75 and in must, in the case of products specified in Article 1 of Article 1 ( 1 ) (c) of Regulation (EEC) No 1418/76 and Regulation (EEC) No 2727/75 and in Article 1 of Regula­ subject to Regulation (EEC) No 2744/75, shall be as set tion (EEC) No 1418/76 which are imported from out in the Annex hereto . Portugal, apply the arrangements which were applicable in respect of Portugal before accession ; whereas, under Article 4 of Council Regulation (EEC) No 3792/85 of 20 Article 2 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and This Regulation shall enter into force on 6 March 1986.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 March 1986. For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 72, 18 . 3 . 1983, p. 3 . 0 OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 367, 31 . 12. 1985, p. 7.

No L 64/28 Official Journal of the European Communities 6 . 3 . 86

ANNEX

to the Commission Regulation of 5 March 1986 fixing the import levies on products processed from cereals and rice from Portugal

(ECU/tonne) Imports CCT heading No Portugal

07.06 A I 30,24 07.06 A II 33,26 11.01 C (2) 60,47 11.01 D (2) 134,09 11.01 E I (2) 6,04 11.01 E II (2) 3,02 11.01 F (2) 33,10 11.01 G (2) 3,02 11.02 A II (2) 69,94 1 1.02 A III (2) 60,47 11.02 A IV (2) 134,09 1 1 .02 A V a) 1 (2) 6,04 1 1 .02 A V a) 2 (2) 6,04 1 1 .02 A V b) (2) 3,02 11.02 A VI (2) 33,10 11.02 A VII (2) 3,02 11.02 B I a) 1 (2) 51,40 1 1 .02 B I a) 2 aa) 75,58 1 1 .02 B I a) 2 bb) (2) 131,07 11.02 B I b) 1 (2) 51,40 1 1 .02 B I b) 2 (2) 131,07 1 1.02 B II a) (2) 3,02 1 1.02 B II b) (2) 50,24 1 1.02 B II c) (2) 3,02 1 1.02 B II d)(2) 3,02 11.02C I (2) 3,02 1 1.02 C II (2) 59,82 1 1.02 C III 0 81,64 11.02 CIV (2) 116,84 11.02 CV (2) 3,02 1 1 .02 C VI (2) 3,02 1 1 .02 D I (2) 3,02 1 1.02 D II (2) 39,23 1 1.02 D III (2) 33,86 1 1.02 D IV (2) 75,58 11.02 DV (2) 3,02 1 1 .02 D VI (2) 3,02 11.02 EI a) 1 (2) 33,86 1 1.02 EI a) 2 (2) 75,58 1 1 .02 E I b) 1 (2) 66,52 1 1 .02 E I b) 2 (2) 148,32 1 1.02 E II a) (2) 6,04 1 1.02 E II b) (2) 69,94

6 . 3 . 86 Official Journal of the European Communities No L 64/29

(ECU/tonne) Imports CCT heading No Portugal

1 1 .02 E II c) (2) 6,04 1 1 .02 E II d) 1 (2) 57,12 1 1 .02 E II d) 2(2) 6,04 11.02 F I (2) 6,04 11.02 F II (2) 69,69 11.02 F III (2) 60,47 1 1 .02 F IV (2) 134,09 11.02 FV (2) 6,04 1 1 .02 F VI (2) 33,10 1 1.02 F VII (2) 3,02 11.02 G I 6,04 1 1.02 G II 6,04 11.04 CI 33,26 1 1.04 C II a) 20,55 1 1.04 C lib) 20,55 1 1 .07 A I a) 10,88 11.07 A lb) 10,88 11.07 A II a) 64.71 11.07 A lib) ' 51,10 11.07 B 57,75 11.08 A I 20,55 11.08 A II 73,97 11.08 A III 20,55 11.08 A IV 20,55 11.08 A V 20,55 11.09 181,34 17.02 B II a) 0 96.72 17.02 B II b)(3) 66,49 17.02 F II a) 96,72 17.02 F lib) 66,49 21.07 F II 66,49 23.02 A I a) 10,23 23.02 A I b) 15,07 23.02 A II a) 10,23 23.02 A II b) 15,07 23.03 A I 181,34

2) For the purpose of distinguishing between products falling within heading Nos 11.01 and 11.02 and those falling within subheading 23.02 A, products falling within heading Nos 11.01 and 11.02 shall be those meeting the following specifications : — a starch content (determined by the modified Ewers polarimetric method), referred to dry matter, exceeding 45 % by weight, — an ash content, by weight, referred to dry matter (after deduction of any added minerals), not exceeding 1,6 % for rice, 2,5 % for wheat, 3 % for barley, 4 % for buckwheat, 5 % for oats and 2 % for other cereals . Germ of cereals, whole, rolled, flaked or ground, falls in all cases within heading No 11.02. (3) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I is subject to the same levy as products falling within subheading 17.02 B II.