31978R1533

No L 179 /28 1 . 7 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1533 / 78 of 30 June 1978 fixing adjustments to monetary compensatory amounts for milk and milk products fixed in advance

THE COMMISSION OF THE EUROPEAN average of the two percentages should be used for COMMUNITIES, products the monetary compensatory amounts for which are calculated using both that for butter and that for skimmed-milk powder ; whereas for the same Having regard to the Treaty establishing the European reason the adjustment coefficients fixed for the milk Economic Community, sector alone should be applied for milk products containing certain quantities of products of other sectors ; Having regard to Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture Whereas under Article 3 (2) of Regulation ( EEC) No following the temporary widening of the margins of 1516/78 the adjustment under Article 7 ( 1 ) of Regula­ fluctuation for the currencies of certain Member tion ( EEC) No 243/78 is altered if there is an adjust­ States ( ! ), as last amended by Regulation (EEC) No ment under Article 7 (2) of that Regulation ; 557/76 (2), and in particular Article 6 thereof,

Whereas before the publication of Regulation (EEC) Whereas the first indent of Article 7 (2) of Commis­ No 1516/78 there were rjpt yet precise rules on adjust­ sion Regulation (EEC) No 243/78 of 1 February 1978 ments under Article 7 (2) of Regulation ( EEC) No providing for the advance fixing of monetary compen­ 243/78 ; satory amounts (3) provides for optional adjustment of monetary compensatory amounts fixed in advance when the levy or refund is adjusted following a Whereas at the moment of adoption of the adjust­ change in prices ; whereas, under Article 2 ( 1 ) of ments to refunds fixed in advance no decision had Commission Regulation ( EEC) No 1516/78 of 30 therefore been taken on the adjustment of monetary June 1978 on adjustments to monetary compensatory compensatory amounts fixed in advance in the sector amounts fixed in advance and repealing Regulation in question ; whereas it therefore appears appropriate, (EEC) No 651 /78 (4), these adjustments of monetary in the interests of the trade, to complete the measures compensatory amounts applicable to milk products adopted ; made following a change in the price level in units of account correspond to the adjustments made to refunds fixed in advance ; Whereas the monetary compensatory amounts fixed in advance that are adjusted by this Regulation were fixed by Regulation (EEC) No 938 /77 (6), as last Whereas refunds fixed in advance for the section in amended by Regulation ( EEC) No 1 058 /78 ( 7) ; question were adjusted by Commission Regulation (EEC) No 1052/78 of 19 May 1978 (5) ; whereas this adjustment corresponded to the increase in interven­ Whereas difficulties may arise in connection with the tion prices ; whereas for this reason the monetary calculation of the amount to be granted and the adjust­ compensatory amounts fixed in advance must be ment to be made under this Regulation ; whereas it correspondingly adjusted ; whereas under Article 3 of should therefore be specified that : Regulation (EEC) No 1516/78 this adjustment is made on the basis of the price and representative rate valid — refunds fixed in advance in units of account are at the moment when the customs export formalities increased by the amount fixed by Regulation were completed ; ( EEC) No 1052/ 78 ;

— the resulting amount is multiplied by the mon­ Whereas the percentage increases for the intervention etary coefficient and converted into national prices for butter and skimmed-milk powder are not currency at the representative rate, coefficient and identical ; whereas for the sake of simplification the rate being those fixed in advance along with the fixing in advance of the monetary compensatory (') OJ No L 106, 12. 5. 1971 , p. 1 . amount ; (2) OJ No L 67, 15. 3 . 1976, p. 1 . (3) OJ No L 37, 7. 2. 1978 , p. 5. (4) OJ No L 178 , 1 . 7. 1978 , p. 65 . (6) OJ No L 110 , 30 . 4. 1977, p. 6. (5) OJ No L 134, 22. 5. 1978 , p. 31 . ( 7) OJ No L 134, 22. 5 . 1978 , p. 49 .

1 . 7 . 78 No L - 179 / 29 Official Journal of the European Communities

— the amount thus obtained is as appropriate 2. The preceding paragraph shall not however reduced or increased by the amount of the mon­ apply to exportations for which the customs formali­ etary compensatory amount and multiplied by the ties were completed before, 1 July 1978 : adjustment coefficient given in the Ahnex to this Regulation ; — in the Federal Republic of Germany, — in Member States where the currency has depreci­ Whereas the measures provided for in this Regulation ated if for the operator in question the coefficient are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, given in Annex IV to Regulation ( EEC) No 938/77 has already been applied to the monetary compen­ satory amount fixed in advance and the interested HAS ADOPTED THIS REGULATION : party requests that the present provision be applied . Article 1 3 . When paragraph 1 applies the coefficients given 1 . In the case of milk products exported to third in Annex IV to Regulation (EEC) No 938 /77 shall not countries for which the customs formalities were be applied . completed before 22 May 1978 , the monetary compen­ satory amounts given in Annex I to Regulation ( EEC) No 938 /77 shall , when they have been fixed in Article 2 advance before 22 May 1978 , be multiplied by the corresponding coefficients given in the Annex to this Regulation . This Regulation shall enter into force on 1 July 1978 .

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

Done at Brussels , 30 June 1978 . For the Commission

Finn GUNDELACH Vice-President

No L 179 / 30 1 . 7 . 78 Official Journal of the European Communities

ANNEX

Adjustments under the second indent of Article 7 (2) of Regulation ( EEC) No 243/78 to monetary compensatory amounts for milk and milk products fixed in advance

Member States Monetary compensatory amount fixed in Coefficients applicable to the products referred the period to below (see corresponding notes)

(a ) (b) (c)

Germany (') 3 April to 21 May 1978 0-976897 0-974320 0-975609

France 3 to 9 April 1978 0-822875 0-820704 0-821789 10 to 23 April 1978 0-790960 0-788873 0-789917 24 April to 14 May 1978 0-780839 0-778779 0-779809 15 to 21 May 1978 0-763462 0-761448 0-762455

Ireland 3 to 9 April 1978 0-062945 0-062779 0-062862 10 April to 21 May 1978 0-395760 0-394716 0-395238

Italy 3 April to 21 May 1978 0-724231 0-722321 0-723276

United Kingdom 3 to 9 April 1978 0-783670 0-781603 0-782637 10 April to 21 May 1978 0-810273 0-808135 0-809204

Benelux 3 April to 21 May 1978 1-020653 1-017962 1-019308

(') In the case of exports for which the customs formalities have been completed in the Federal Republic of Germany before 1 July 1978 the coefficients given in Annex IV to Regulation ( EEC) No 938/77 continue to apply .

(a) These coefficients apply to monetary compensatory amounts fixed in advance for products falling within heading No 04.03 of the Common Customs Tariff. (b) These coefficients apply, subject to note (d), to monetary compensatory amounts fixed in advance for products falling within the following tariff subheadings : 04.02 A II a) 1 , 04.02 A lib) 1 , 04.02 B I b) 1 aa), 04.02 B I b) 2 aa), 23.07 B I a) 3, 23.07 B I a) 4, 23.07 B II . (c) These coefficients apply, subject to note (d), to monetary compensatory amounts fixed in advance for products other than those specified in notes (a) and (b). (d) The coefficients do not apply to : — products falling within subheading 04.02 A II exported under Regulation (EEC) No 2054/76 ; — products falling within subheading 23.07 B containing skimmed-milk powder sold under Regulation (EEC) No 2054/76.