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( 1 ) OJ N C 259 , 4 . 11 . 1976 , P . 47 .

( 2 ) OJ N L 141 , 12 . 6 . 1969 , P . 1 .

( 3 ) OJ N L 306 , 26 . 11 . 1975 , P . 3 .

COUNCIL REGULATION ( EEC ) N 2670/76

OF 25 OCTOBER 1976

AMENDING REGULATION ( EEC ) N 1059/69 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 14 ( 7 ) , 28 , 92 , 93 , 94 , 113 TO 116 , 227 AND 235 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

WHEREAS BY VIRTUE OF ARTICLE 6 OF COUNCIL REGULATION ( EEC ) N 1059/69 OF 28 MAY 1969 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ( 2 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 3058/75 ( 3 ) , THE AMOUNTS OF THE VARIABLE COMPONENTS CHARGED ON IMPORTATION OF THESE GOODS SHALL BE FIXED FOR EACH QUARTER OF THE CALENDAR YEAR ; WHEREAS , HOWEVER , VARIABLE COMPONENTS MUST BE FIXED PURSUANT TO ARTICLE 7 OF THE SAID REGULATION IN ORDER TO TAKE ACCOUNT INTER ALIA OF NEW THRESHOLD PRICES WHICH ARE FIXED DURING A QUARTER ; WHEREAS THESE CORRECTIONS ARE FREQUENTLY NECESSARY IN PRACTICE , THEREBY CREATING ADMINISTRATIVE COMPLICATIONS FOR THE MEMBER STATES AND A CLIMATE OF INSTABILITY FOR IMPORTERS ;

WHEREAS EXPERIENCE HAS SHOWN THAT IT IS POSSIBLE , WITHOUT ECONOMIC DRAWBACKS , TO ABOLISH THE RULE WHICH IMPOSES CORRECTED VARIABLE COMPONENTS SO AS TO LIMIT THE NUMBER OF FIXINGS PER YEAR TO FOUR , ALWAYS AT A FIXED DATE KNOWN IN ADVANCE ; WHEREAS AT THE SAME TIME , IT IS DESIRABLE TO PUT BACK BY ONE MONTH THE DATES ON WHICH EACH THREE-MONTHLY PERIOD BEGINS , SO THAT THESE DATES FALL SHORTLY AFTER THE DATES ON WHICH THE NEW THRESHOLD PRICES ARE FIXED ;

WHEREAS IT IS DESIRABLE TO LEAVE OPEN THE POSSIBILITY , EXCEPTIONALLY , OF CORRECTING THE VARIABLE COMPONENTS WHEN THE EFFECT OF A PRICE CHANGE DURING A THREE-MONTHLY PERIOD IS SUCH THAT TRADE IS SERIOUSLY DISTURBED , OR IS IN DANGER OF BEING SERIOUSLY DISTURBED ; WHEREAS A TRANSITIONAL MEASURE SHOULD BE LAID DOWN TO ALLOW FOR THE TRANSITION FROM THE PRESENT SYSTEM TO THE NEW METHOD OF FIXING THE VARIABLE COMPONENT ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) N 1059/69 SHALL BE REPLACED BY THE FOLLOWING :

" 1 . THE COMMISSION SHALL FIX THE AMOUNT OF THE VARIABLE COMPONENT FOR ALL GOODS FOR THREE-MONTHLY PERIODS BEGINNING ON 1 FEBRUARY , 1 MAY , 1 AUGUST AND 1 NOVEMBER . "

ARTICLE 2

ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) N 1059/69 SHALL BE REPLACED BY THE FOLLOWING :

" 2 . WHEN THE FACTOR WHICH WAS NOT AVAILABLE IS DETERMINED , THE COMMISSION MAY FIX CORRECTED VARIABLE COMPONENTS IF , BY REASON OF THE APPLICATION OF PARAGRAPH 1 , TRADE IS SERIOUSLY DISTURBED OR IS IN DANGER OF BEING SERIOUSLY DISTURBED . "

ARTICLE 3

AS A TRANSITIONAL MEASURE , THE VARIABLE COMPONENTS , COMPENSATORY AMOUNTS AND SUPPLEMENTARY DUTIES APPLICABLE DURING THE LAST QUARTER OF 1976 SHALL REMAIN IN FORCE UNTIL 31 JANUARY 1977 .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 DECEMBER 1976 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 25 OCTOBER 1976 .

FOR THE COUNCIL

THE PRESIDENT

A . P . L . M . M . VAN DER STEE