Commission Regulation (EC) No 963/1999 of 6 May 1999 amending Regulation (EC) No 3516/93 establishing the operative events for the conversion rates to be applied when calculating certain amounts provided for by the mechanisms of the common organisation of the market in fishery and aquaculture products
Date: 1999-05-06
Institutions: European Commission
Subjects: aquaculture, common organisation of markets, fishery product, representative rate

L 119/26

EN

Official Journal of the European Communities

7. 5. 1999

COMMISSION REGULATION (EC) No 963/1999

of 6 May 1999

amending Regulation (EC) No 3516/93 establishing the operative events for the
conversion rates to be applied when calculating certain amounts provided for by
the mechanisms of the common organisation of the market in fishery and
aquaculture products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2799/98 of
15 December 1998 establishing agrimonetary arrange-
ments for the euro (1), and in particular Article 3(2)
thereof,

(1) Whereas Regulation (EC) No 2799/98 introduced
following the
new agrimonetary arrangements
introduction of the euro; whereas the previous agri-
monetary system of specific agricultural conversion
rates is repealed; whereas the exchange rate of the
Member States which have adopted the euro
became irrevocably fixed on 1 January 1999;
whereas the exchange rates of the national curren-
cies of the Member States who are not participating
in the euro will vary daily against the euro; whereas
the conversion of prices fixed in euro in legal
the Treaty
instruments based on Article 42 of
establishing the European Community into the
national currencies of the Member States which
have not adopted the single currency will now be
calculated using the actual exchange rate of the
euro in those currencies;

(2) Whereas Commission Regulation (EC) No 3516/
93 (2) set out the operative event for the rate of
conversion to be applied to the different prices
notified in the context of the common organisation
of the market, including the withdrawal price, as
being the second day of the month in which the
operation took place;

and

aquaculture products (3),

(3) Whereas paragraph 1(a) of Article 12 of Council
Regulation (EEC) No 3759/92 of 17 December
1992 on the common organisation of the market in
last
fishery
amended by Regulation (EC) No 3318/94 (4),
permits producers’ organisations to use a margin of
tolerance when applying the withdrawal price fixed
according to Article 11 of the same Regulation in
order to take account of seasonal fluctuations in the
market; whereas paragraph 1 of Article 14 of the
same Regulation also provides producers’ organ-

as

isations with a margin of tolerance when applying
carryover aid in order to take account of seasonal
fluctuations in the market;

(4) Whereas Article 3(1) of Commission Regulation
(EEC) No 3902/92 of 23 December 1992 setting
detailed rules for granting financial compensation
on certain fisheries products (5), as last amended by
Regulation (EC) No 1338/95 (6), and Article 2(3) of
Commission Regulation (EEC) No 3901/92 of 23
December 1992 introducing detailed rules
for
granting carryover aid on certain fisheries prod-
ucts (7), as last amended by Regulation (EC) No
organisations
1337/95 (8),
applying
the
to
Community withdrawal price or selling price to
notify the competent authorities of the Member
State the level of this price at least two days before
it is to become applicable;

require
the margin

producers’

tolerance

of

(5) Whereas producers’ organisations must know the
withdrawal price or the selling price sufficiently in
advance in order to meet their obligation to notify
the authorities when they apply the margin of
tolerance; whereas under the revised agrimonetary
arrangements,
the applicable rate of exchange
cannot be known until the day of the operative
event; whereas there should therefore be an interval
between the operative event and the period of its
application;

(6) Whereas the operative event should be the 22nd
day of the month before the operation took place;
whereas Regulation (EC) No 3516/93 must thus be
amended;

(7) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the
Management Committee for Fishery Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 3516/93 is amended as follows:

(1) OJ L 349, 24.12.1998, p. 1.
(2) OJ L 320, 22.12.1993, p. 10.
(3) OJ L 388, 31.12.1992, p. 1.
(4) OJ L 350, 31.12.1994, p. 15.

(5) OJ L 392, 31.12.1992, p. 35.
(6) OJ L 129, 14.6.1995, p. 7.
(7) OJ L 392, 31.12.1992, p. 29.
(8) OJ L 129, 14.6.1995, p. 5.

7. 5. 1999

EN

Official Journal of the European Communities

L 119/27

1. Article 1 is replaced by the following:

‘Article 1
For the fisheries sector, the operative event for the
exchange rate for the withdrawal price and for the
amounts linked to that price, which are listed in the
Annex, shall be the 22nd day of the month before the
operation took place.

The exchange rate to be used shall be the rate most
recently fixed by the European Central Bank (ECB)
prior to the operative event'.

2. Article 2 is replaced by the following:

‘Article 2
financial
The
compensation provided for in Article 12 of Regulation
(EC) No 3759/92 shall be the exchange rate in force

conversion rate

applicable

to the

on the 22nd day of the month before the operation
took place'.

3. Article 3 is replaced by the following:

‘Article 3

The conversion rate applicable to the carry-over aid
provided for in Article 14 of Regulation (EC) No 3759/
92 and to the flat-rate aid provided for in Article 15(4)
of the same Regulation shall be the exchange rate in
force on the 22nd day of the month before the stored
products were withdrawn'.

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.

Done at Brussels, 6 May 1999.

For the Commission

Emma BONINO

Member of the Commission