Proposal for a Council Regulation amending Regulation (EEC) No 3813/92 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy

(96/C 101/08)

COM(96) 40 final - 96/0037(CNS)

(Submitted by the Commission on 14 February 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas different conversion rates apply to amounts established in ecus and applicable in national currency relating to imports of agricultural products, depending on the legal instruments fixing such amounts; whereas, except where explicit derogations apply, the relevant amounts fixed by a legal instrument relating to be common agricultural policy within the meaning of Article 1 (a) of Council Regulation (EEC) No 3813/92 (1), as last amended by Regulation (EC) No 150/95 (2), are to be expressed in national currency using the agricultural conversion rates; whereas the other amounts in question are to be converted using the rate applicable under Article 18 (1) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (3), as amended by the Act of Accession of Austria, Finland and Sweden;

Whereas the existence of two systems for converting amounts relating to imports of agricultural products leads to economic inconsistencies and considerable red tape; whereas, save in exceptional or very special cases, the same conversion rate as that applicable to amounts collected on imports of agricultural or non-agricultural products must be used where they are fixed by a legal instrument not relating to the common agricultural policy;

Whereas the measures required must necessarily be taken level; whereas they fall within an area of exclusive Community competence and seek to achieve the uniform application of the common agricultural policy,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3813/92 is hereby amended as follows:

1. In Article 3 (1), the words 'Subject to the derogations referred to in paragraphs 2 and 3` are replaced by: 'Without prejudice to the derogations provided for in paragraphs 2, 3 and 4`.

2. The following paragraph is added to Article 3:

'4. Without prejudice to paragraph 2 and Article 5, in the case of amounts relating to imports fixed in ecus by a legal instrument relating to the common agricultural policy and applicable by the Member States in their national currencies, the agricultural conversion rate shall be equal, in the case in question, to the rate applicable to the products concerned pursuant to Article 18 (1) of Regulation (EEC) No 2913/92.`

3. The first subparagraph of Article 6 (2a) is replaced by the following:

'2a. As regards amounts fixed in advance in ecus and amounts established in ecus under an invitation to tender with the exception of those referred to in Article 3 (4), the agricultural conversion rate may be fixed in advance.`

Article 2

This Regulation shall enter into force on the seventh day following 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.

(1) OJ No L 387, 31. 12. 1992, p. 1.

(2) OJ No L 22, 31. 1. 1995, p. 1.

(3) OJ No L 302, 19. 10. 1992, p. 1.