31971R1013

52 Official Journal of the European Communities

No LI 10/8 Official Journal of the European Communities 18.5.71

REGULATION (EEC) No 1013/ 71 OF THE COMMISSION of 17 May 1971 laying down detailed rules of application for Regulation (EEC) No 974/71 on certain meas­ ures of conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Member States

THE COMMISSION OF THE EUROPEAN COMMUNI­ should , as far as possible, be taken into account ; whereas TIES , to this end compensatory amounts should not be levied on goods imported under such contracts where compen­ Having regard to the Treaty establishing the European satory amounts might have economic consequences Economic Community ; other than those which would have existed had monetary measures not been taken ; whereas it is ' however' essential Having regard to Regulation (EEC) No 974/7 1 1 of 12 to limit this exemption to contracts which can be proved May 1971 on certain measures of conjunctural policy to to have been concluded before 10 May 197 1 ; be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Whereas the measures provided for in this Regulation Member States , and in particular Article 6 thereof; are in accordance with the Opinions of the Management Committees for Fruit and Vegetables , Wine, Oils and Whereas Article 1 of Regulation (EEC) No 974/71 au­ Fats, Cereals , Pigmeat, Poultrymeat and Eggs , Sugar, thorized Germany and the Netherlands to levy compen­ Milk and Milk Products, Beef and Veal , Products Pro­ satory amounts on imports from Member States and cessed from Fruit and Vegetables , Tobacco, Flax and third countries and. grant compensatory amounts on Hemp, and Fishery Products, exports to Member States and third countries ;

Whereas , for the purpose of applying Article 2(1) of that Regulation, it is necessary to specify the period during HAS ADOPTED THIS REGULATION : which the spot market rates which will ultimately be averaged for the purpose of calculating compensatory A rticle 1 amounts should be recorded ; whereas this period must be sufficiently representative to show trends in rates and 1. The period referred to in the second indent of Article yet allow those rates to be reflected as quickly as possi­ 2(1) of Regulation (EEC) No 974/71 shall run from a Thursday to the following Wednesday. ble when compensatory amounts are being fixed ; wher­ eas a period of seven days should therefore be selected, 2 . However : fixed by reference to technical administrative require­ ments ; whereas , however, exceptions must be made for (a) the spot market rates used to fix the compensatory the first amounts fixed ; amounts applicable from 12 May 1971 shall be those recorded during the period 11 to 13 May 1971 ; Whereas the most representative spot market rates should be used for the purpose of calculation ; (b) the reference period for the first of any changes in the compensatory amounts shall be 12 to 18 May 1971 . Whereas , since compensatory amounts vary with Mem­ ber State, origin and destination, it is essential to es­ Article 2 tablish what compensatory amount has been applied to a The following spot market rates against the US dollar specific product ; whereas , to this end, special entries shall be used for the purpose of fixing compensatory should be made on Community transit documents ; amounts :

Whereas , when provisions on the application of compen­ (a) for the guilder : the average official rate fixed each satory amounts are being implemented, potential reper­ working day during official dealings on the Amster­ cussions on contracts concluded before 10 May 1971 dam foreign exchange market; (b) for the 'German mark : the average official rate fixed each working day during official dealings on the OJ NoL 106 , 12.5.1971 , p.l . Frankfurt foreign exchange market .

Official Journal of the European Communities 53

Article 3 accordance with Article 2 (3) of Regulation (EEC) No 974/7 1 , on production of one of the documents referred 1 . Where, in intra-Community trade, a product for to in paragraph 1 in which the following entry has been which a compensatory amount is fixed is dispatched made : from a Member State making use of the authorization referred to in Article 1(1) of Regulation (EEC) No 974/ 'Article 2 ( 3) of Regulation (EEC) No 974/71 applied.' 71 , and where Article 2 ( 3) of that Regulation is applied, the following shall be entered in section 32 of internal Article 4 Community transit document T2 or T2L as appropriate : 1 . The Member States referred to in Article 1 of Regula­ tion (EEC) No 974/ 71 shall not apply the compensatory 'Article 2 (3) of Regulation 974/71 applied.' amounts referred to in that Article to imports effected under contracts : Where Article 2(3) of Regulation (EEC) No 974/ 71 is (a) concluded before 10 May 1971 , and not applied and a T2L document is issued, section 32 of that document shall be struck through . (b) registered before 12 May 1971 with the authorities of that Member State; or The customs office in which dispatch formalities are which can be proved by official documents to have completed shall satisfy itself that the provisions of this been concluded. paragraph are respected. - 2 . However, paragraph 1 shall apply only to the extent 2 . Where products for which a^compensatory amount is necessary to allow the contract to be executed under the fixed come from a Member State making use of the au­ conditions which would have existed had the monetary thorization referred to in Article 1(1 ) of Regulation measures referred to in Article 1 of Regulation (EEC) (EEC) No 974/71 and are redispatched from a Member No 974/71 not been taken. State which does not invoke the provisions of Article Articles 1 ( 1), the entry in section 32 of the original document shall be reproduced in section 32 of internal Community 1 . This Regulation shall enter into force on the day of its transit document T2 or T2L as appropriate. If no entry is publication in the Official Journal of the European made in section 32, that section shall be struck through. Communities .

3 . Member States which make use of the authorization 2. It shall take effect from 12 May 1971 , with the excep­ referred to in Article 1(1) of Regulation (EEC) No 974/ tion af Article 3 which shall not take effect until the third 71 shall charge the reduced compensatory amount in day after this Regulation enters into force.

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

Done at Brussels, 17 May 1971 .

For the Commission The President Franco M. MALFATTI