31977R0937
30 . 4 . 77 Official Journal of the European Communities No L 110/ 1
I
(Acts whose publication is obligatory)
COMMISSION REGULATION (EEC) No 937/77 of 29 April 1977 laying down detailed rules for the application of Council Regulation (EEC) No 878/77 on the exchange rates to be applied in agriculture
THE COMMISSION OF THE EUROPEAN been affected by those rates ; whereas, however, a COMMUNITIES, cancellation can be justified only if the alteration affecting the amount fixed in advance was not foreseeable ; whereas the right to cancel advance Having regard to the Treaty establishing the fixing should therefore be limited to those European Economic Community, applications which were submitted before the alteration of the relevant amount was foreseeable ; Having regard to Council Regulation (EEC) No 878/77 of 26 April 1977 on the exchange rates to be applied in agriculture (*), and in particular Article 5 Whereas the second subparagraph of Article 4 (2) of thereof, Regulation (EEC) No 878/77 provides that the disadvantage may be compensated for an appropriate measure and that in such case the provisions of the Whereas the said Regulation has brought into first subparagraph do not apply ; operation the provisions of Council Regulation (EEC) No 1134/68 of 30 July 1968 laying down rules for the implementation of Regulation (EEC ) No 653 /68 on conditions for alterations to the value of Whereas in the sugar sector any large-scale cancellation of export licences issued following the unit of account used for the common agriculturai partial invitations to tender pursuant to Commission policy ( 2); whereas Article 4 thereof provides that any person who has obtained advance fixing for a Regulation ( EEC) No 2101 /75 of 11 August 1975 on a standing invitation to tender in order to determine a specific transaction may on application obtain levy and/or refund on exports of white sugar (3), as last cancellation of the advance fixing and of the relevant document or certificate ; whereas however Article 4 amended by Regulation (EEC ) No 2924/76 ( 4), could be seriously prejudicial to Community management (2) of Regulation (EEC ) No 878/77 provides that the of this sector; whereas, to prevent this happening, it second subparagraph of Article 4 ( 1 ) of Regulation is necessary to withhold the right to cancel while at (EEC) No 1134/68 applies only if the application of the same time providing appropriate compensation the new representative rates is disadvantageous for for this disadvantage, and also to lay down the con the party concerned ; whereas, therefore, the criteria ditions for granting such compensation ; for deciding whether the rates are disadvantageous should be laid down taking into account all the factors that could justify such a cancellation ; Whereas the prices to be paid in connection with certain distillation operations are fixed for the Whereas the new conversion rates will apply only wine-growing year ; whereas the wine-growing year from the dates specified in Articles 2 and 3 of does not coincide with the period of application of Regulation ( EEC ) No 878/77 ; whereas the the prices fixed for wine ; whereas it is, however, cancellations in question should be permitted only advisable to ensure that the former prices are not when the amounts fixed in advance have actually subject to changes ; whereas use should therefore be
H OJ No L 106, 29 . 4. 1977, p. 27. (3 ) OJ No L 214, 12 . 8 . 1975, p . 5 . (2) OJ No L 188 , 1 . 8 . 1968 , p . 1 . (4 ) OJ No L 333 , 2 . 12. 1976, p . 17.
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made of the power provided for in Article 2 (2 ) 3 . The provisions of the last subparagraph of Ar ( d ) of Regulation ( EEC ) No 878 /77 ; ticle 4 ( 1 ) of Regulation ( EEC ) No 1134/68 shall apply to the products and Member States con cerned with effect from the dates given in Articles 2 Whereas for the sake of clarity it is desirable to fix (2 ) and 3 of Regulation (EEC ) No 878/77. the dates on which the new representative rates are to take effect in the fruit and vegetables sector; 4. The said provisions shall apply only to advance fixing documents or certificates issued within the Whereas Regulation (EEC) No 878/77 provides that meaning of Article 9 ( 1 ) of Commission there may be an increase of 2 % in those amounts Regulation (EEC) No 193/75 of 17 January 1975 fixed in units of account which are not linked to the laying down common detailed rules for the price fixings ; application of the system of import and export licences and advance fixing certificates for agricultural products ( 1 ), as last amended by Whereas the measures provided for in this Regulation Regulation (EEC ) No 773/77 (2), before the are in accordance with the opinions of the relevant following dates : management committees and of the Standing Committee on Agricultural Structure, — 29 March 1977 as regards the French franc, the Italian lira and the Irish pound ;
— 6 April 1977 as regards the Danish krone ; HAS ADOPTED THIS REGULATION : — 26 April 1977 as regards the other currencies.
Article1¶
1 . The compensation referred to in the second For purposes of implementation of Article 4 of subparagraph of Article 5 (2) of Regulation (EEC ) Regulation (EEC ) No 878/77 the following provisions No 878/77 shall be granted for white sugar in respect shall apply : of which the customs export formalities are completed on or after 1 July 1977 in pursuance of 1 . With respect to products for which a monetary partial invitations to tender under Regulation (EEC) compensatory amount is fixed, cancellation of the No 2101 /75 and for which an export licence was advance fixing and of the relevant document or issued before 26 April 1977. certificate, as provided for in the last subparagraph of Article 4 ( 1 ) of Regulation (EEC) No 1134/68 , This compensation shall be fixed for the Member may be requested only : State concerned as shown in Annex I hereto .
— in the case of import licences issued in France, Ireland, Italy or the United Kingdom ; 2. The right of cancellation provided for in the last — in the case of export licences issued in the subparagraph of Article 4 ( 1 ) of Regulation (EEC) Federal Republic of Germany. No 1134/68 shall not apply in respect of the export licences referred to in paragraph 1 .
2. Transactions to which monetary compensatory amounts are not applicable shall be regarded as Article 3 disadvantageous for the purposes of Article 4 of Regulation (EEC) No 878/77 where, following the As regards : application of the new representative rate, the alteration in terms of national currency in the sum — the purchase price for wine delivered for total, or where appropriate the balance, of the distillation under Article 6 (b) ( 1 ) of Council amounts applicable to a particular transaction Regulation (EEC) No 816/70 of 28 April 1970 results in : laying down additional provisions for the com — the levying of a greater amount, or mon organization of the market in wine (3), as last
— the granting of a lesser amount H OJ No L 25 , 31 . 1 . 1975, p. 10 . than that applicable before entry into force of the (2) OJ No L 94, 16 . 4 . 1977, p . 5 . said rate. (3) OJ No L 99, 5 . 5 . 1970, p . 1 .
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amended by Regulation (EEC ) No 528 /77 (*), and — 1 June 1977 for pears, plums and lemons ; the relevant amounts of aid ; — 1 July 1977 for apples ; — the purchase price to be paid by the intervention — 1 October 1977 for oranges ; agencies under the arrangements for the distillation of the products of wine-making, and — 1 November 1977 for mandarins including the proportion of the expenditure to be borne by tangerines, satsumas, Clementines, wilkings and the intervention agencies financed by the other similar hybrid citrus fruits. Guarantee Section of the EAGGF ;
— the purchase price for wine delivered for Article 5 distillation under Article 24 ( b) ( 1 ) of Regulation (EEC) No 816/70, and the relevant amount of aid ; 1 . The amounts listed in Annex II are altered as specified therein. the representative rates laid down in Article 2 of Regulation (EEC) No 878 /77 shall apply with effect 2 . As regards the amounts set out in Annex II, from 1 September 1977. Member States shall bring into force all measures necessary to comply with the provisions of paragraph 1 within six months from the date of entry into force Article 4 of this Regulation.
In the fruit and vegetables sector, the representative 3 . The Annex to Commission Regulation ( EEC ) rates laid down in Article 2 of Regulation ( EEC) No No 571 /76 of 15 March 1976 laying down detailed 878 /77 shall apply with effect from : rules for the application of Council Regulation (EEC) No 557/76 on the exchange rates to be applied in — 1 April 1977 for cherries in France, Ireland and agriculture and repealing Regulation (EEC) No Italy ; 475/75 ( 2), as last amended by Regulation ( EEC ) No 735/77 (3 ), is hereby repealed. — 1 May 1977 for cherries in Germany and the United Kingdom ;
Article 6 — 1 May 1977 for walnuts, hazelnuts, almonds, cucumbers, tomatoes, cauliflowers, peaches and grapes ; This Regulation shall enter into force on 1 May 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 29 April 1977. For the Commission
Finn GUNDELACH Vice-President
H OJ No L 68, 15 . 3 . 1976, p. 1 . i 1 ) OJ No L 69, 16 . 3 . 1977, p . 1 . (3) OJ No L 89, 7. 4 . 1977, p . 24.
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ANNEX I
Member State Compensation granted per 100 kilograms of white sugar
Federal Republic of Germany 2-33 DM
ANNEX 11
A
Amounts specified in the Council Directive of 17 April 1972 on the modernization of Existing amount To be replaced by agricultural holdings (')
Article8¶
Article 9 ( 2 ) 10 520 u.a . 10 730 u.a . 53 333 u.a . 54 400 u.a . per investment per investment
Article 10 and Article 1 of the Council 47 u.a. / ha 48 u.a. /ha Directive of 15 May 1973 (2 ) 32 u.a. / ha 32-5 u.a. /ha 16 u.a. / ha 16-5 u.a. /ha 4 700 u.a. /farm 4 800 u.a. /farm 3 200 u.a. / farm 3 250 u.a. / farm 1 600 u.a. / farm 1 65 0 u.a. /farm
Article11¶
Article12¶
t1 ) OJ No L 96, 23 . 4 . 1972 , p . 1 . (!) OJ No L 153 , 9 . 6 . 1973 , p . 24 .
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B
Amounts specified in the Council Directive of 28 April 1975 on mountain and hill farming Existing amount To be replaced by and farming in less favoured areas
Article 7 ( 1 ) 16 u. a. / ABU 16-5 u.a ./ ABU or ha or ha Article 7 ( 1 ) ( a ) 52-5 u. a. / ABU 53-5 u. a. / ABU 52-5 u.a. / ha of 53-5 u.a. / ha of area under forage area under forage Article 7 ( 1 ) ( b ) 5 2-5 u.a. / ha 53-5 u.a. / ha