31972R0837

Official Journal of the European Communities 345

No L 98/10 Official Journal of the European Communities 25.4.72

REGULATION (EEC) No 837/72 OF THE COMMISSION

of 24 April 1972

laying down special provisions in respect of levies and refunds fixed in advance for cereals

THE COMMISSION OF THE EUROPEAN COM­ Whereas, on the other hand, it might no longer be MUNITIES, possible, in view of the reduced compensatory amounts, to effect exports for which the refund has Having regard to the Treaty establishing the been fixed in advance, since the calculations of the European Economic Community; parties concerned were based on the granting of refunds fixed in advance and of these compensatory Having regard to Council Regulation (EEC) No amounts which, in most cases, have not changed 974/71 1 of 12 May 1971 on certain measures of much over a relatively long period ; whereas the adverse effects of this situation could also be avoided conjunctural policy to be taken in agriculture following the temporary widening of the margins of by maintaining the economic situation which faced fluctuation for the currencies of certain Member the parties at the time of the advance fixing; States, and in particular Article 6 thereof; Whereas it is fair to give the parties concerned the Whereas, to deal with the case of a Member State opportunity of cancelling the advance fixing, while allowing the exchange rate of its currency to maintaining their obligation to import or export; fluctuate by a margin wider than the one permitted by international rules, Regulation No 974/71 /EEC Whereas the measures provided for in this Regulation introduced a system of compensatory amounts based are in accordance with the Opinion of the on the difference between the official parity of that Management Committee for Cereals ; currency and the arithmetic mean of spot market rates of that currency against: the US dollar during a HAS ADOPTED THIS REGULATION : reference period; whereas the compensatory amounts levied on imports and granted on exports cannot be Article 1 fixed in advance; 1 . As from the date on which an amendment to Whereas the present system of compensatory the provisions governing the calculation of the amounts is likely to change considerably with the compensatory amounts introduced following the gradual return to a more stable monetary situation ; monetary crisis comes into effect and leads to a whereas this may lead to a significant reduction in reduction or the abolition of these amounts for the compensatory amounts which would not be due cereals : either to a fall in spot market rates or in prices ; (a) where the levy has been fixed in advance before that date, the compensatory amount to be Whereas the Community market could be faced with applied shall be that valid in the importing serious difficulties if products for which the levy has Member State on the day on which the levy for been fixed in advance were imported and if only the the product in question was fixed in advance; levy fixed in advance and the new reduced compensatory amount were paid; whereas, to avoid (b) where the export refund has been fixed in advance these difficulties and any associated risk of before that date, the compensatory amount to be speculation, equilibrium should be maintained by applied shall be that valid in the exporting keeping the total import charge on these products as Member State on the day on which the refund it was when the levy was fixed in advance; for the product in question was fixed in advance.

2. However, any interested party who has 1 OJ No L 106, 12.5.1971 , p. 1 . obtained advance fixing and who is subject to the

346 Official Journal of the European Communities

provisions of paragraph 1 shall, by written ( advance fixing cancelled in accordance with application made to the agency issuing the certificate Regulation (EEC) No 837/72). within thirty days following the date on which the amendment referred to in paragraph 1 comes into This endorsement shall be followed by the date on effect, obtain cancellation of the advance fixing. which the application in writing is received and by the stamp of the issuing authority. The application must be accompanied by the certificate and by any extracts from that certificate. 2 . If, when importing, the interested party indicates that he intends to seek cancellation of the advance fixing of the levy, the agency which recovers Article 2 the levy shall require that a deposit be lodged guaranteeing payment of the higher of the following sums : either the levy fixed in advance plus the 1 . Where the provisions of Article 1 (2) are compensatory amount valid on the day of advance involved, the agency issuing the certificate shall fixing, or the levy valid on the day of importation cancel the advance fixing on the certificate and plus the compensatory amount valid on that day. extracts by deleting the endorsements appearing in Section 17 and by inserting one of the following The operation shall be considered to be in order on endorsements in Section 20 of the import licence or submission of the certificate or the extract endorsed Section 18 of the export licence as the case may be : in accordance with paragraph 1 . If the certificate or extract endorsed in accordance with paragraph 1 has — 'fixation a l'avance annulee — application du not been submitted to the competent authority within règlement (CEE) no 837/72' a period of six months from the day of importation, the deposit shall be forfeited. — 'Vorausfestsetzung annulliert gemäß Verordnung (EWG) Nr 837/72' Article 3 —- 'fissazione in anticipo annullata — applicazione del regolamento ( CEE) N. 837/72' This Regulation shall enter into force on the third — 'Vaststelling vooraf geannuleerd volgens day following its publication in the Official Journal Verordening (EEC) nr 837/72' of the European Communities.

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

Done at Brussels, 24 April 1972.

For the Commission

The President

S. L. MANSHOLT