31977R1123

28 . 5 . 77 Official Journal of the European Communities No L 134/51

COMMISSION REGULATION (EEC) No 1123/77

of 27 May 1977

on transitional measures concerning the application of monetary compensatory amounts to certain products not included in Annex II

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Article 1 Having regard to the Treaty establishing the European Economic Community, 1 . By way of derogation from the Regulations fixing the monetary compensatory amounts, the Having regard to Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of amounts fixed for products falling within subheadings 17.04 D, 18.06 B, 18.06 C, 19.08 B and 21.07 C of the conjunctural policy to be taken in agriculture Common Customs Tariff shall be granted only in the following the temporary widening of the margins of fluctuation for the currencies of certain Member following cases :

States (J), as last amended by Regulation (EEC) No (a) on products exported from Member States whose 557/76 (2), and in particular Article 6 thereof, currencies have appreciated if proof is provided either that : Whereas Commission Regulation (EEC) No 800/77 of — they were obtained in the exporting Member 20 April 1977 amending, as regards products which State, or are subject to monetary compensatory amounts, Regu­ — prior to export the customs formalities for lation (EEC) No 572/76 fixing the monetary compen­ importation into the exporting Member State satory amounts (3), introduced monetary compensatory were completed before 7 April or after 3 July amounts for certain additional products not covered 1977 ; by Annex II ; whereas by Commission Regulation (EEC) No 1051 /77 of 18 May 1977 postponing the (b) on products imported into Member States whose date of entry into application of Regulation (EEC) No currencies have depreciated if proof is provided 800/77 (4), this date was postponed from 23 May to 4 either that : July 1977 ; — they were obtained in a third country or in a Whereas the introduction of these amounts leads to a Member State other than the importing considerable change in the terms of trade for the Member State, or products concerned ; whereas in view of this change — prior to import the customs formalities for there could be speculation in the products in question exportation from the importing Member State thus giving rise to deflection of trade ; were completed before 7 April or after 3 July 1977 . Whereas in order to avoid such deflection it should be laid down that for a certain period, no monetary 2. Paragraph 1 shall apply to exports and imports compensatory amount is to be granted on exports and in respect of which the customs formalities are imports effected for the purpose of profiting from the completed before 29 August 1977.

new amounts ; 3 . The preceding provisions shall not apply :

Whereas, however, transitional measures are not neces­ (a) to products obtained in the United Kingdom sary for trade between Ireland and the United which are reimported by that Member State from Kingdom as, since 1 April 1977, Ireland has been Ireland where they had been previously imported ; applying, in trade in the products in question with the United Kingdom , a system of export subsidies and (b) to products obtained in Ireland which are reim­ ported by that Member State from the United import levies corresponding to the effect of the mone­ tary compensatory amounts ; Kingdom where they had been previously imported.

Whereas the Management Committees for Cereals, Sugar, Poultrymeat and Eggs and Milk and Milk 4. The Member State responsible for granting the monetary compensatory amounts in question shall Products have not delivered opinions within the time adopt the necessary control measures. limits set by their respective chairmen ;

(») OJ No L 106, 12. 5 . 1971 , p. 1 . Article 2 (2) OJ No L 67, 15 . 3 . 1976 , p . 1 . (3) OJ No L 97, 21 . 4. 1977, p . 18 . (") OJ No L 125, 19 . 5. 1977, p . 34. This Regulation shall enter into force on 4 July 1977.

No L 134/52 Official Journal of the European Communities 28 . 5 . 77

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

Done at Brussels, 27 May 1977.

For the Commission

Finn GUNDELACH

Vice-President