31974R2966

26 . 11 . 74 Official Journal of the European Communities No L 316/ 5

REGULATION ( EEC) No 2966/ 74 OF THE COMMISSION of 25 November 1974 introducing temporary measures in respect of monetary compensatory amounts following suspension of the application of Article 4a (2) of Regulation ( EEC) No 974 / 71

THE COMMISSION OF THE EUROPEAN Whereas the provisions provided for in this Regula­ COMMUNITIES , tion are in accordance with the Opinions of the Management Committees for Cereals, Eggs and Poul­ trymeat, Pigmeat, Milk and Milk Products, and Sugar, Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 974/71 (') of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Member Article 1 States, as last amended by Regulation (EEC) No 2497/74 (2), and in particular Article 6 ( 1 ) thereof ; Member States are hereby authorized, where suspen­ sion of the application of Article 4a (2) of Regulation Whereas Regulation ( EEC) No 974/71 instituted ( EEC) No 974/71 provided for by Regulation (EEC) monetary compensatory amounts to be applied in No 2497/74 results in monetary compensatory trade between Member States and with third countries amounts being applied or increased , not to charge, at to counteract the effects of monetary measures which their discretion and subject to the conditions set out might otherwise have affected the proper functioning below, the monetary compensatory amount or the of the common agricultural policy ; proportion of the amount which corresponds to the increase . Whereas Article 4a (2) of that Regulation provides that in trade between Member States and third countries , Article 2 the compensatory amounts applicable owing to the decrease in value of the currency concerned may not be higher than the charge on products imported from 1 . Article 1 shall apply only to exports to Member third countries ; whereas the application of this provi­ States or third countries effected in performance of sion has , in certain sectors , had the effect of reducing binding contracts entered into before 20 September or eliminating monetary compensatory amounts ; 1974 .

Whereas Council Regulation ( EEC) No 2497/74 of 2 2 . The authorization referred to in Article 1 shall October 1974, which supplemented Regulation (EEC) be used only at the request of the interested party, No 974/71 , suspended the application of that Article which shall be lodged within 10 days from the date of as from 21 October 1974 ; entry into force of this Regulation , and if such party furnishes proof, at the time of lodging the request, that if the reimposed or increased monetary compensa­ Whereas, for traders who, before the adoption of that tory amount were charged, this would represent for Regulation , entered into contracts containing set the exporter of the party with whom he has conditions the suspension of that provision has some­ contracted an excessive additional burden which could times resulted in charges which could not have been taken into account when the contracts were entered not be avoided by the exercise of all necessary and normal care . into being levied on exports ;

3 . The authorization referred to in Article 1 shall Whereas, in order to obviate the levy of such charge, be used only which traders could not have foreseen , it appears desir­ able to authorize the Member States in certain cases — in the case of trade with third countries where an not to change the compensatory amount or the export certificate is required : for exports carried proportion of this amount which corresponds to the out during the period of validity of the certificate increase in the monetary compensatory amount ; that has been delivered .

in other cases : for transactions carried out within (') OJ No L 106, 12. 5 . 1971 , p. 1 . (2 ) OJ No L 268 , 3 . 10 . 1974, p. 5 . a period of three months from 20 September 1974.

No L 316/ 6 Official Journal of the European Communities 26. 11 . 74

Article3¶

Member States shall inform the Commission of the criteria which they intend to adopt in applying the authorization referred to in Article 1 . In addition , Member States shall notify to the This Regulation shall enter into force on the third day Commission every three months the cases in respect following its publication in the Official Journal of of which they have made practical use of the authori­ the European Communities. It shall apply to exports zation . carried out from 21 October 1974 onwards .

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

Done at Brussels, 25 November 1975 . For the Commission

The President Francois-Xavier ORTOLI