COMMISSION REGULATION (EEC) No 3824/92 of 28 December 1992 amending the prices and amounts fixed in ecus as a result of the monetary realignment of September and November 1992
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agriculture (1), as last amended by Regulation (EEC) No 2205/90 (2), and in particular Article 6 (3) thereof,
Whereas Article 6 of Regulation (EEC) No 1677/85 provides for the gradual and automatic dismantlement of negative monetary gaps created between two realignments within the European Monetary System; whereas such dismantlement involves, in particular, the adjustment of the agricultural conversion rates in such a way as to eliminate, 25 % of any newly created transferred monetary gaps;
Whereas the adjustment in question of the agricultural conversion rate takes effect on 1 January 1993 as far as the gaps created by the realignments of September and November 1992 are concerned;
Whereas, in accordance with paragraphs 3 and 4 of the said Article, the prices fixed in ecus and, as far as the need arises, the amounts fixed in ecus under the common agricultural policy are reduced during the dismantling stage in question so as to neutralize the increase in prices in national currency which arises as a result of the adjustment of the agricultural conversion rates;
Whereas, however, that reduction should be realized at the beginning of the marketing year 1993/94 to take account of the measures provided for in the agrimonetary arrangements starting as from 1993;
Whereas the prices fixed in ecus are to be divided by the coefficient reducing agricultural prices referred to in Article 5 of Commission Regulation (EEC) No 3578/88 of 17 November 1988 laying down detailed rules for the application of the system for the automatic dismantlement of negative monetary compensatory amounts (3), as last amended by Regulation (EEC) No 3137/91 (4); whereas this coefficient is fixed by Commission Regulation (EEC) No 3387/92 (5); whereas a similar adjustment is necessary for certain amounts fixed in ecus pursuant to Article 6 (4) (b) of Regulation (EEC) No 1677/85; whereas, however, to avoid distortion of the market, account should be taken of the provisions of Community regulations regarding the calculation of the prices and the amounts in question;
Whereas prices and amounts fixed in ecus which depend directly on other prices fixed in ecus are directly or indirectly affected by the fall in the latter; whereas the relationships established between those prices or amounts should be respected in the framework of the market organizations;
Whereas the prices and amounts in ecus which are fixed with reference to the prices recorded on the market are either indirectly affected by the repercussions of the drop in other prices fixed in ecus, or directly linked to the world market situation; whereas in order to avoid undue reductions and to maintain the representativeness of these prices or amounts in relation to the market, they should not be considered as prices fixed in ecus within the meaning of Article 6 (3) of Regulation (EEC) No 1677/85, and the coefficient reducing agricultural prices should not be applied to those prices and amounts;
Whereas it is opportune not to apply the reducing coefficient for agricultural prices to the compensations granted in the framework of the reform of the common agricultural policy;
Whereas the measures provided for in Article 6 (3) of Regulation (EEC) No 1677/85 are motivated by the need to control the equilibrium of the agricultural markets; whereas in order to simplify the administrative implementation of the automatic dismantlement arrangements, the coefficient reducing agricultural prices should not be applied to amounts fixed in ecus which, by their nature or value, have no significant or direct effect on production, such as amounts fixed within the framework of the agricultural structural policy, amounts relating to storage costs and technical or administrative amounts;
Whereas to facilitate administration the list of prices and amounts in question should be adopted in good time;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committees concerned,
HAS ADOPTED THIS REGULATION:
Article 1
For the sectors referred to in the Annex, the prices and amounts mentioned shall be divided by the reducing coefficient referred to in Article 2 of Regulation (EEC) No 3387/92 and, where appropriate, adjusted in such a way as to comply with the Community regulations on detailed rules for their calculation.
Article 2
The prices and amounts resulting from the adjustments referred to in Article 1 shall be specified with effect from the date of application of that Article in accordance with the procedure laid down in Article 12 of Regulation (EEC) No 1677/85.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
However, Article 1 shall apply from the beginning of the marketing year 1993/94 for the concerned sector. For products with no marketing year, it shall apply from the beginning of that of the milk and milk products. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 December 1992.