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( 1 ) OJ NO 106 , 30 . 10 . 1962 , P . 2553/62 .

( 2 ) OJ NO L 263 , 19 . 9 . 1973 , P . 1 .

( 3 ) OJ NO L 106 , 29 . 4 . 1977 , P . 27 .

( 4 ) OJ NO L 89 , 9 . 4 . 1979 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 1265/79

OF 25 JUNE 1979

AMENDING , WITH RESPECT TO THE GERMAN MARK AND THE CURRENCIES OF THE BENELUX COUNTRIES , REGULATION ( EEC ) NO 878/77 ON THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 129 ON THE VALUE OF THE UNIT OF ACCOUNT AND THE EXCHANGE RATES TO BE APPLIED FOR THE PURPOSES OF THE COMMON AGRICULTURAL POLICY ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2543/73 ( 2 ), AND IN PARTICULAR ARTICLE 3 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS THE REPRESENTATIVE RATES CURRENTLY APPLICABLE WERE FIXED BY COUNCIL REGULATION ( EEC ) NO 878/77 OF 26 APRIL 1977 ON THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 705/79 ( 4 );

WHEREAS THE COUNCIL HAS DECIDED TO EFFECT A 1.5 % PRICE RISE IN ECU IN RESPECT OF VARIOUS PRODUCTS FOR THE 1979/80 MARKETING YEAR ; WHEREAS , THEREFORE , THE COMMISSION HAS PROPOSED THAT THE COUNCIL CHANGE THE REPRESENTATIVE RATES APPLICABLE TO THE GERMAN MARK , THE BELGIAN FRANC , THE LUXEMBOURG FRANC AND THE NETHERLANDS GUILDER WITH A VIEW TO THE PARTIAL DISMANTLING OF THE MONETARY COMPENSATORY AMOUNTS TO BE LEVIED OR GRANTED IN RESPECT OF PRODUCTS IMPORTED INTO OR EXPORTED FROM GERMANY OR THE BENELUX COUNTRIES ;

WHEREAS THE ADJUSTMENT OF SUCH RATES SHOULD TAKE ACCOUNT OF ITS EFFECTS IN PARTICULAR ON PRICES AND OF THE SITUATION OBTAINING IN THE MEMBER STATES CONCERNED ; WHEREAS FOR THIS REASON IN PARTICULAR THE NEW RATES SHOULD GENERALLY BE APPLIED WITHIN A REASONABLE PERIOD , COINCIDING IF POSSIBLE WITH THE BEGINNING OF THE MARKETING YEAR OR WITH A CHANGE IN PRICES WITHOUT EXCLUDING IMMEDIATE EFFECT IN CERTAIN INSTANCES ;

WHEREAS , HOWEVER , HAVING REGARD TO THE ABSOLUTE NEED NOT TO INCREASE THE PRICE OF MILK IN ECU FOR THE CURRENT MARKETING YEAR IN ORDER TO STABILIZE THE MARKET WHILE TAKING INTO CONSIDERATION THE SITUATION OF PRODUCERS AS REGARDS THEIR INCOME , AS AN EXCEPTIONAL MEASURE THE REPRESENTATIVE RATES OF THE GERMAN MARK AND THE CURRENCIES OF THE BENELUX COUNTRIES APPLICABLE TO MILK AND MILK PRODUCTS SHOULD NOT FOR THE TIME BEING BE REVALUED ;

WHEREAS IN ORDER TO PREVENT DIFFERENT TREATMENT FOR INTERDEPENDENT PRODUCTS THE NEW RATES MUST APPLY TO SUGAR AND ISOGLUCOSE FROM THE SAME DATE ;

WHEREAS THE MONETARY COMMITTEE WILL BE CONSULTED ; WHEREAS , IN VIEW OF THE URGENCY INVOLVED , THE MEASURES ENVISAGED SHOULD BE ADOPTED IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN ARTICLE 3 ( 2 ) OF REGULATION NO 129 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING PARAGRAPH 7 SHALL BE ADDED TO ARTICLE 2A OF REGULATION ( EEC ) NO 878/77 :

' 7 . BY WAY OF DEROGATION FROM PARAGRAPH 2 AS REGARDS :

( A ) THE BELGIAN FRANC AND THE LUXEMBOURG FRANC , THE REPRESENTATIVE RATE OF ONE BELGIAN FRANC/LUXEMBOURG FRANC À 0.0246335 ECU ,

( B ) THE GERMAN MARK , THE REPRESENTATIVE RATE OF ONE GERMAN MARK À 0.359271 ECU ,

( C ) THE NETHERLANDS GUILDER , THE REPRESENTATIVE RATE OF ONE NETHERLANDS GUILDER À 0.357252 ECU ,

SHALL BE APPLICABLE WITH EFFECT FROM :

- 1 JULY 1979 FOR THE ISOGLUCOSE SECTOR ,

- 1 AUGUST 1979 FOR THE EGGS , POULTRY , OVALBUMIN AND LACTALBUMIN SECTOR ,

- 1 NOVEMBER 1979 FOR THE PIGMEAT SECTOR ,

- 16 DECEMBER 1979 FOR THE WINE SECTOR ; OTHER DATES MAY , HOWEVER , BE LAID DOWN FOR DISTILLING OPERATIONS ,

- 1 JANUARY 1980 FOR THE FISHERY PRODUCTS SECTOR ,

- THE BEGINNING OF THE 1979/80 MARKETING YEAR FOR THE OTHER PRODUCTS FOR WHICH THE MARKETING YEAR HAS NOT COMMENCED ON THE DATE OF ENTRY INTO FORCE OF REGULATION ( EEC ) NO 1265/79 ,

- 2 JULY 1979 IN ALL OTHER CASES .

HOWEVER , WITH REGARD TO THE MILK AND MILK PRODUCTS SECTOR , THE REPRESENTATIVE RATE REFERRED TO IN PARAGRAPH 2 SHALL REMAIN VALID . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT LUXEMBOURG , 25 JUNE 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . LE THEULE