Commission Regulation (EC) No 1913/2006 of 20 December 2006 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture and amending certain regulations
Date: 2006-12-20
Institutions: European Commission
Subjects: agri-monetary policy, aid to agriculture, exchange rate, export refund, production refund

L 365/52

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Official Journal of the European Union

21.12.2006

COMMISSION REGULATION (EC) No 1913/2006

of 20 December 2006

laying down detailed rules for the application of the agrimonetary system for the euro in
agriculture and amending certain regulations

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

of 21 December 1994 on detailed rules for the appli-
cation of the import arrangements for fruit and vege-
tables (3). Representative prices on the import markets
standard amount. The
that
are used to calculate
operative event for the exchange rate for those prices
should be determined on the date on which they apply.

Having regard to Council Regulation (EC) No 2799/98 of 15
December 1998 establishing agrimonetary arrangements for the
euro (1), and in particular Article 9 thereof,

(5)

Whereas:

Commission Regulation (EC) No 2808/98 of 22
December 1998 laying down detailed rules for the appli-
cation of the agrimonetary system for the euro in agri-
culture (2) has been substantively amended since its
the provisions on compensation
adoption. Moreover,
relating to appreciable revaluations and to reductions in
the exchange rates applied to direct aid are now obsolete
under Article 11 of Regulation (EC) No 2799/98. In the
interests of clarity and simplification, Regulation (EC) No
2808/98 should therefore be repealed and replaced by a
new Regulation.

The operative events for the exchange rates applicable to
the different situations which arise within the framework
of agricultural
legislation must be laid down, without
prejudice to any specific definitions or exemptions
provided for in the rules for the sectors concerned on
the basis of the criteria mentioned in Article 3 of Regu-
lation (EC) No 2799/98.

For all the prices or amounts to be determined within the
framework of trade with third countries, acceptance of
the customs declaration is the operative event most
suited to achieving the commercial objective concerned.
The same applies to export refunds and to the determi-
nation of the entry price of fruit and vegetables into the
Community, on the basis of which products are classed
in the Common Customs Tariff. This operative event
should therefore be adopted.

(6)

(7)

(1)

(2)

(3)

(4)

for

the operative event

the
For production refunds,
rule linked to the
exchange rate is as a general
In order to
completion of certain specific formalities.
it should be laid down that the
harmonise the rules,
the date on which products are
operative event
is
declared to have
required destination,
reached the
where such a destination is required, and in all other
cases the acceptance of the application for payment of
the refund by the paying agency.

In the case of the aid for processing citrus fruits and fruit
and vegetables referred to in Article 3 of Council Regu-
lation (EC) No 2202/96 of 28 October 1996 introducing
a Community aid scheme for producers of certain citrus
fruits (4) and in Articles 2 and 6a(1) of Council Regu-
lation (EC) No 2201/96 of 28 October 1996 on the
common organisation of the markets in processed fruit
and vegetable products (5) respectively, for the minimum
price referred to in Article 6a(2) of Regulation (EC) No
2201/96, and for the aid for dried fodder referred to in
Article 4 of Council Regulation (EC) No 1786/2003 of
29 September 2003 on the common organisation of the
market in dried fodder (6), the commercial objective is
attained when the products are taken over by the
for the exchange rate
processor. The operative event
should therefore be determined on this basis.

For aid granted by quantity of product marketed or to be
used in a specific way, the obligation to be complied
with for the purposes of granting the aid is an event
that guarantees the appropriate use of the products in
question. The taking over of the products by the operator
concerned is a prerequisite allowing the competent
authorities
required checks or
inspections on the operator’s accounts and guaranteeing
uniform treatment of the files. The operative event for
the exchange rate should therefore be established in
relation to the taking over of the products.

to carry out

the

fruit

entry price of

The
into the
Community is determined on the basis of the standard
referred to in
fruit and vegetables
import value of
Article 4(1) of Commission Regulation (EC) No 3223/94

and vegetables

(1) OJ L 349, 24.12.1998, p. 1.
(2) OJ L 349, 24.12.1998, p. 36. Regulation as last amended by

Regulation (EC) No 1044/2005 (OJ L 172, 5.7.2005, p. 76).

(3) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by

Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

(4) OJ L 297, 21.11.1996, p. 49. Regulation as last amended by the

2003 Act of Accession.

(5) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by
Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004,
p. 25).

(6) OJ L 270, 21.10.2003, p. 114. Regulation as amended by

Regulation (EC) No 583/2004 (OJ L 91, 30.3.2004, p. 1).

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(8)

(9)

(10)

(11)

For other aid granted in the agricultural sector, situations
may differ widely. However, such aid is always granted
on the basis of an application and within deadlines laid
down by the legislation. The operative event
for the
exchange rate in this case should therefore be established
as the deadline for the submission of applications.

of

29

2003

In the case of the support schemes listed in Annex I
to and Article 12 of Council Regulation (EC) No
1782/2003
establishing
September
common rules for direct support schemes under the
common agricultural policy and establishing certain
support schemes for farmers (7), the operative event for
the exchange rate is defined by Article 45 of Council
Regulation (EC) No 1290/2005 of 21 June 2005 on
the common agricultural policy (8).
the financing of
Reference should be made to this provision.

In the case of the prices, premiums and aid in the wine
in Council Regulation (EC) No
sector provided for
1493/1999 of 17 May 1999 on the common organi-
sation of the market in wine (9), the operative event for
the exchange rate must be linked, depending on the case,
to the starting date of the wine year, the application of
specific contracts or the completion of certain operations
such as the enrichment or processing of wine products.
The operative event to be taken into account should
therefore be specified for each situation.

The situations to be taken into account for the purposes
of determining the operative event are very different for
the aid in the milk and milk products sector referred to
in Article 1(b)(i), (ii) and (iii) of Commission Regulation
(EC) No 1898/2005 of 9 November 2005 laying down
detailed rules for implementing Council Regulation (EC)
No 1255/1999 as regards measures for the disposal of
cream, butter and concentrated butter on the Community
market (10), in Article 7 of Commission Regulation (EC)
No 2799/1999 of 17 December 1999 laying down
(EC) No
detailed
1255/1999 as regards the grant of aid for skimmed
milk and skimmed-milk powder intended for animal
feed and the sale of such skimmed-milk powder (11), in
Article 1 of Commission Regulation (EC) No 2707/2000

applying Regulation

rules

for

(7) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Regulation (EC) No 1405/2006 (OJ L 265, 26.9.2006, p. 1).

(8) OJ L 209, 11.8.2005, p. 1. Regulation as

amended by

Regulation (EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).

(9) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by
Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).
(10) OJ L 308, 25.11.2005, p. 1. Regulation as last amended by
Regulation (EC) No 1474/2006 (OJ L 275, 6.10.2006, p. 44).
(11) OJ L 340, 31.12.1999, p. 3. Regulation as last amended by
Regulation (EC) No 1558/2006 (OJ L 288, 19.10.2006, p. 21).

of 11 December 2000 laying down rules for applying
Council Regulation (EC) No 1255/1999 as
regards
Community aid for supplying milk and certain milk
products to pupils in educational establishments (12), in
Article 2(1) of Commission Regulation (EEC) No
2921/90 of 10 October 1990 on aid for the production
of casein and caseinates from skimmed milk (13) and for
the levy referred to in Article 1 of Commission Regu-
lation (EC) No 595/2004 of 30 March 2004 laying down
detailed rules for applying Council Regulation (EC) No
1788/2003 establishing a levy in the milk and milk
should
products
therefore be laid down in accordance with the specific
nature of each of these situations.

sector (14).

operative

event

The

(12)

(13)

intervention on the market

In the case of the transport costs referred to in Article
19(2) of Commission Regulation (EC) No 2771/1999 of
16 December 1999 laying down detailed rules for the
application of Council Regulation (EC) No 1255/1999 as
in butter and
regards
cream (15) and in Article 11(2) of Commission Regulation
(EC) No 214/2001 of 12 January 2001 laying down
detailed rules for the application of Council Regulation
(EC) No 1786/2003 as regards intervention on the
market
the operative
event for the exchange rate must be based on the date
of submission of tenders under public contracts. This
operative event should therefore be established as the
date on which an admissible tender has been received
by the
corresponding
transport contract.

in skimmed-milk powder (16),

competent authority for

the

The reference price for sugar and the minimum price for
quota beet referred to in Article 5 of Council Regulation
(EC) No 318/2006 of 20 February 2006 on the common
organisation of the markets in the sugar sector (17) are
closely linked and should be known to operators for an
entire marketing year. The same should apply for the
one-off amount levied on the additional sugar quotas
and on the supplementary isoglucose quotas, and to
the surplus amount and the production charge referred
to in Articles 8(3), 9(3), 15 and 16 respectively of Regu-
lation (EC) No 318/2006. The operative event for the
exchange rate for
these prices and amounts should
therefore be established as close as possible but prior
to the date of harvest.

(12) OJ L 311, 12.12.2000, p. 37. Regulation as last amended by
Regulation (EC) No 943/2006 (OJ L 173, 27.6.2006, p. 9).
(13) OJ L 279, 11.10.1990, p. 22. Regulation as last amended by
Regulation (EC) No 1487/2006 (OJ L 278, 10.10.2006, p. 8).
(14) OJ L 94, 31.3.2004, p. 22. Regulation as amended by Regulation

(EC) No 1468/2006 (OJ L 274, 5.10.2006, p. 6).

(15) OJ L 333, 24.12.1999, p. 11. Regulation as last amended by
Regulation (EC) No 1474/2006 (OJ L 275, 6.10.2006, p. 44).
(16) OJ L 37, 7.2.2001, p. 100. Regulation as last amended by
Regulation (EC) No 2107/2005 (OJ L 337, 22.12.2005, p. 20).
(17) OJ L 58, 28.2.2006, p. 1. Regulation as amended by Commission
Regulation (EC) No 1585/2006 (OJ L 294, 25.10.2006, p. 19).

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(14)

(15)

(16)

In the case of amounts of a structural or environmental
character as
referred to in Council Regulation (EC)
No 1698/2005 of 20 September 2005 on support for
rural development by the European Agricultural Fund for
Rural Development (EAFRD) (18), and amounts approved
in accordance with Council Regulation (EC) No
1257/1999 of 17 May 1999 on support for rural devel-
opment from the European Agricultural Guidance and
Guarantee Fund (EAGGF) (19),
the payments of which
are assured by the rural development programmes
approved under Regulation (EC) No 1698/2005,
the
amounts are laid down for a marketing year or a
calendar year. The commercial objective is therefore
attained if the operative event for the exchange rate is
established for the year concerned. Based on this, the
operative event should be set at 1 January of the year
in which the decision to grant aid is taken.

The lump sums referred to in point 3 of Annex I to
Commission Regulation (EC) No 1433/2003 of 11
August 2003 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 2200/96 as regards
operational funds, operational programmes and financial
assistance (20),
intended to cover overheads specifically
related to the operational
funds or programmes
referred to in Articles 15 and 16 of Council Regulation
(EC) No 2200/96 of 28 October 1996 on the common
organisation of the market in fruit and vegetables (21), are
determined for a given year. The operative event for the
exchange rate should therefore be set at 1 January of the
year to which these overheads relate.

For other prices and amounts linked to those prices, the
commercial objective is attained on entry into force of
the legal act on the basis of which those prices and
amounts are determined. However, the operative event
the exchange rate must also correlate with the
for
accounting and reporting obligations of operators and
the Member States. Consequently, to allow simplification
of management, a single operative event should be estab-
lished for all prices and amounts relating to a certain
type of operation taking place within a given period,
provided that
too removed from the
commercial objective, and the first day of the month in
which the legal acts concerned come into force should be
used to this end.

they are not

(17)

In the case of advances and securities, the amounts to be
paid or the guaranteed amounts are fixed in euro in

(18) OJ L 277, 21.10.2005, p. 1. Regulation as amended by Regulation

(EC) No 1463/2006 (OJ L 277, 9.10.2006, p. 1).

(19) OJ L 160, 26.6.1999, p. 80.
(20) OJ L 203, 12.8.2003, p. 25. Regulation as last amended by

Regulation (EC) No 576/2006 (OJ L 100, 8.4.2006, p. 4).

(21) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003,
p. 64).

legislation and in
accordance with the agricultural
particular Article 45 of Regulation (EC) No 1290/2005.
The exchange rate applicable to these amounts must
therefore be close to the date of payment of
the
advance or the date on which the securities are lodged.
If the securities are used, the amount of those securities
must also cover all the risks for which they were set up.
The operative event for the exchange rate must in these
circumstances be defined on the basis either of the day
on which the amount of the advance is fixed or the
security is lodged, or the date on which these are paid.

(18) Under Article 4(2) of Commission Regulation (EC) No
884/2006 of 21 June 2006 laying down detailed rules
the application of Council Regulation (EC) No
for
1290/2005 as regards the financing by the European
Agricultural Guarantee Fund (EAGF) of
intervention
measures in the form of public storage operations and
the accounting of public storage operations by the
the Member States (22), without
paying agencies of
prejudice to the specific rules and operative events
provided for in the Annexes to that Regulation or in
agricultural
legislation, expenditure calculated on the
basis of amounts fixed in euro and expenditure or
revenue incurred in national currency under that Regu-
lation are converted as the case may be into national
currency or into euro on the basis of the last exchange
rate established by the European Central Bank before the
are
accounting year during which the operations
recorded in the accounts of
the paying agency, and
that exchange rate also applies to bookings relating to
the different specific cases referred to in Article 7(1) of
that Regulation. Reference should therefore be made to
that provision.

(19)

legislation,

certain operative

The establishment, by Regulation (EC) No 1290/2005, of
a single operative event for all direct payments provided
for in Regulation (EC) No 1782/2003, has rendered
events
obsolete or
contradictory
provided for in the sectoral agricultural
in
particular Commission Regulation (EEC) No 1003/81 of
10 April 1981 defining the operative event in the case of
the sale of cereals and rice held in store by intervention
agencies (23), Commission Regulation (EEC) No 3749/86
of 9 December 1986 determining the operative event for
calculating levies and refunds in the rice sector (24),
Commission Regulation (EEC) No 1713/93 of 30 June
1993 establishing special detailed rules for applying the
sector (25),
agricultural conversion rate in the sugar
Commission Regulation (EEC) No 1718/93 of 30 June
1993 regarding the operative event for the agricultural

(22) OJ L 171, 23.6.2006, p. 35.
(23) OJ L 100, 11.4.1981, p. 11.
(24) OJ L 348, 10.12.1986, p. 32.
(25) OJ L 159, 1.7.1993, p. 94. Regulation as last amended by
Regulation (EC) No 1509/2001 (OJ L 200, 25.7.2001, p. 19).

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the

rate

used

rates

seeds

applicable

Commission

to milk
Regulation

sector (26),
in
conversion
Commission Regulation (EEC) No 1756/93 of 30 June
1993 fixing the operative events for the agricultural
and milk
conversion
products (27),
(EEC) No
1759/93 of 1 July 1993 concerning the operative
events determining the agricultural conversion rates to
be applied in the beef and veal sector (28), Commission
Regulation (EEC) No 1785/93 of 30 June 1993 on the
operative events for the agricultural conversion rates used
in the fibre sector (29), Commission Regulation (EEC) No
1793/93 of 30 June 1993 regarding the operative event
for the agricultural conversion rates used in the hops
sector (30), Commission Regulation (EC) No 3498/93 of
20 December 1993 determining the operative events
sector (31),
applicable
Commission Regulation (EC) No 594/2004 of 30
March 2004 determining the operative events applicable
to products in the fruit and vegetables sector and to
and
processed
Commission Regulation (EC) No 383/2005 of 7 March
2005 determining the operative events for the exchange
rates applicable to the products of the wine sector (33).

to the olive oil

products (32)

specifically

vegetable

fruit

and

— Commission Regulation (EEC) No 3446/90 of 27
November 1990 laying down detailed rules
for
granting private storage aid for
sheepmeat and
goatmeat (37);

— Commission Regulation (EEC) No 1722/93 of 30
June 1993 laying down detailed rules for the appli-
cation of Council Regulations (EEC) No 1766/92 and
(EEC) No 1418/76 concerning production refunds in
the cereals and rice sectors respectively (38);

— Commission Regulation (EEC) No 1858/93 of 9 July
1993 laying down detailed rules for applying Council
the aid
Regulation (EEC) No 404/93 as
scheme to compensate for
income from
marketing in the banana sector (39);

loss of

regards

(20)

Regulations
(EEC) Nos 1003/81, 3749/86, 1713/93,
1718/93, 1756/93, 1759/93, 1785/93, 1793/93 and
(EC) Nos 3498/93, 594/2004 and 383/2005 should
therefore be repealed.

(21)

The following regulations should therefore be amended:

— Commission Regulation (EEC) No 2220/85 of 22 July
1985 laying down common detailed rules for the
application of the system of securities for agricultural
products (34);

— Commission Regulation (EEC) No 2825/93 of 15
October 1993 laying down certain detailed rules for
the application of Council Regulation (EEC) No
the fixing and granting of
1766/92 as
adjusted refunds in respect of cereals exported in
the form of certain spirit drinks (40);

regards

— Commission Regulation (EC) No 1905/94 of 27 July
1994 on detailed rules for the application of Council
Regulation (EC) No 399/94 concerning specific
measures for dried grapes (41);

— Commission Regulation (EEC) No 3164/89 of 23
October 1989 laying down detailed rules for the
application of special measures in respect of hemp
seed (35);

— Commission Regulation (EC) No 800/1999 of 15
April 1999 laying down common detailed rules for
the application of the system of export refunds on
agricultural products (42);

— Commission Regulation (EEC) No 3444/90 of 27
November 1990 laying down detailed rules
for
granting private storage aid for pigmeat (36);

(26) OJ L 159, 1.7.1993, p. 103.
(27) OJ L 161, 2.7.1993, p. 48. Regulation as last amended by
Regulation (EC) No 569/1999 (OJ L 70, 17.3.1999, p. 12).

(28) OJ L 161, 2.7.1993, p. 59.
(29) OJ L 163, 6.7.1993, p. 9.
(30) OJ L 163, 6.7.1993, p. 22. Regulation as last amended by
Regulation (EC) No 1410/1999 (OJ L 164, 30.6.1999, p. 53).

(31) OJ L 319, 21.12.1993, p. 20.
(32) OJ L 94, 31.3.2004, p. 17.
(33) OJ L 61, 8.3.2005, p. 20.
(34) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

(35) OJ L 307, 24.10.1989, p. 22. Regulation as amended by Regulation

(EEC) No 3587/92 (OJ L 364, 12.12.1992, p. 26).

(36) OJ L 333, 30.11.1990, p. 22. Regulation as last amended by
Regulation (EC) No 851/2003 (OJ L 123, 17.5.2003, p. 7).

— Commission Regulation (EC) No 562/2000 of 15
March 2000 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 1254/1999 as
regards the buying-in of beef (43);

(37) OJ L 333, 30.11.1990, p. 39. Regulation as last amended by
Regulation (EC) No 1641/2001 (OJ L 217, 11.8.2001, p. 3).
(38) OJ L 159, 1.7.1993, p. 112. Regulation as last amended by
Regulation (EC) No 1950/2005 (OJ L 312, 29.11.2005, p. 18).
(39) OJ L 170, 13.7.1993, p. 5. Regulation as last amended by
Regulation (EC) No 789/2005 (OJ L 132, 26.5.2005, p. 13).
(40) OJ L 258, 16.10.1993, p. 6. Regulation as last amended by
Regulation (EC) No 1633/2000 (OJ L 187, 26.7.2000, p. 29).
(41) OJ L 194, 29.7.1994, p. 21. Regulation as last amended by

Regulation (EC) No 94/2002 (OJ L 17, 19.1.2002, p. 20).

(42) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by
Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).
(43) OJ L 68, 16.3.2000, p. 22. Regulation as last amended by
Regulation (EC) No 1067/2005 (OJ L 174, 7.7.2005, p. 60).

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— Commission Regulation (EC) No 907/2000 of 2 May
2000 laying down detailed rules for the application
of Council Regulation (EC) No 1254/1999 as regards
aid for private storage in the beef and veal sector (44);

— Commission Regulation (EC) No 1291/2000 of 9
June 2000 laying down common detailed rules for
the application of the system of import and export
licences and advance fixing certificates for agricultural
products (45);

— Commission Regulation (EC) No 245/2001 of 5
February 2001 laying down detailed rules for the
(EC) No
application
1673/2000 on the common organisation of
the
markets in flax and hemp grown for fibre (46);

Regulation

Council

of

— Commission Regulation (EC) No 2236/2003 of 23
December 2003 laying down detailed rules for the
application of Council Regulation (EC) No 1868/94
establishing a quota system in relation to the
production of potato starch (47);

— Commission Regulation (EC) No 595/2004 of 30
March 2004 laying down detailed rules for applying
Council Regulation (EC) No 1788/2003 establishing a
levy in the milk and milk products sector;

— Commission Regulation (EC) No 917/2004 of 29
April 2004 on detailed rules to implement Council
Regulation (EC) No 797/2004 on actions in the field
of beekeeping (48);

— Commission Regulation (EC) No 382/2005 of 7
March 2005 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 1786/2003 on
the common organisation of
in dried
fodder (49);

the market

— Commission Regulation (EC) No 967/2006 of 29
June 2006 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 318/2006 as
regards sugar production in excess of the quota (50).

(22)

Provision should also be made for a transitional period in
the sugar sector, as regards the exchange rate applicable
to the minimum price for beet, in view of the contracts
signed to this end between beet growers and sugar
producers for the 2006/07 marketing year which are
currently being implemented.

(44) OJ L 105, 3.5.2000, p. 6.
(45) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by

Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(46) OJ L 35, 6.2.2001, p. 18. Regulation as last amended by Regulation

(EC) No 873/2005 (OJ L 146, 10.6.2005, p. 3).

(47) OJ L 339, 24.12.2003, p. 45. Regulation as amended by Regulation

(EC) No 1950/2005 (OJ L 312, 29.11.2005, p. 18).

(48) OJ L 163, 30.4.2004, p. 83. Regulation as amended by Regulation

(EC) No 1484/2004 (OJ L 273, 21.8.2004, p. 5).

(49) OJ L 61, 8.3.2005, p. 4. Regulation as amended by Regulation (EC)

No 432/2006 (OJ L 79, 16.3.2006, p. 12).

(50) OJ L 176, 30.6.2006, p. 22.

(23)

The measures provided for in this Regulation are in
accordance with the opinion of the relevant Management
Committees,

HAS ADOPTED THIS REGULATION:

CHAPTER I

OPERATIVE EVENTS FOR THE EXCHANGE RATE

Article 1

Export refunds and trade with third countries

1.
For refunds fixed in euro and for prices and amounts
expressed in euro in Community agricultural legislation to be
applied in trade with third countries, the operative event for the
exchange
customs
declaration.

acceptance of

shall be

rate

the

the

For the purpose of calculating the standard import value
2.
of fruit and vegetables referred to in Article 4(1) of Regulation
(EC) No 3223/94, in order to determine the entry price referred
to in Article 5 of that Regulation, the operative event for the
exchange rate for the representative prices used to calculate that
standard value and the amount of the reduction referred to in
Article 2(3) of Regulation (EC) No 3223/94 shall be the day to
which the representative prices relate.

Article 2

Production refunds and specific types of aid

For production refunds fixed in euro by Community legis-

1.
lation, the operative event for the exchange rate shall be:

(a)

the date on which it is declared that the products have
reached the destination required, as the case may be, by
that legislation;

(b) in cases where no such destination is

the
acceptance of the application for payment of the refund
by the paying agency.

required,

2.
For processing aid, the operative event for the exchange
rate shall be the date on which the products are taken over by
the processor, in particular for:

(a)

the aid for processing citrus fruits and fruit and vegetables
referred to in Article 3 of Regulation (EC) No 2202/96 and
in Articles 2 and 6a(1) of Regulation (EC) No 2201/96
respectively;

(b) the minimum price referred to in Article 6a(2) of Regulation

(EC) No 2201/96.

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(c)

the minimum price and the premium referred to in Articles
4a and 5 of Regulation (EC) No 1868/94.

operative event for the exchange rate shall be the first day of the
month in which the first delivery of wine is carried out under a
contract.

3.
For the aid for dried fodder referred to in Article 4 of
Regulation (EC) No 1786/2003 and the amounts linked to that
aid, the operative event for the exchange rate shall be the day
on which the dried fodder leaves the processing undertaking.

For aid granted by quantity of marketed product or
4.
product to be used in a specific way, without prejudice to
Articles 4, 5 and 6, the operative event for the exchange rate
shall be the first operation which guarantees, after the products
are taken over by the operator concerned, the appropriate use
of the products in question and entails grant of the aid.

For private storage aid the operative event

5.
the
exchange rate shall be the first day of the period in respect of
which the aid relating to one and the same contract is granted.

for

6.
For aid other than that referred to in paragraphs 2, 3, 4
and 5 of this Article and in Articles 4 and 5, the operative event
for the exchange rate shall be the deadline for the submission of
applications.

Article 3

Direct payments

For the support schemes listed in Annex I to Regulation (EC)
No 1782/2003 and the additional amount of aid referred to in
for the
Article 12 of
exchange rate shall be the date referred to in Article 45(2) of
Regulation (EC) No 1290/2005.

the operative event

that Regulation,

Article 4

Prices, premiums and aid in the wine sector

3.
For the aid referred to in Articles 34(1) and 35(1) of
Regulation (EC) No 1493/1999, the operative event for the
exchange rate shall be the first day of the month in which
the first enrichment or processing of wine products is carried
out.

Article 5

Amounts and payments in the milk and milk products
sector

1.
For aid for the use of butter, concentrated butter and
cream in pastry products and ice-cream as referred to in
Article 1(b)(i) of Regulation (EC) No 1898/2005 and for aid
for concentrated butter intended for direct consumption in the
Community as referred in Article 1(b)(ii) of that Regulation, the
operative event for the exchange rate shall be the day on which
the final day for submission of the tender falls.

2.
For aid for the purchase of butter by non-profit organi-
sations as referred to Article 1(b)(iii) of Regulation (EC) No
1898/2005, the operative event for the exchange rate shall be
the first day of the period for which the voucher provided for in
Article 75(1) of that Regulation is valid.

For aid for skimmed milk and skimmed-milk powder for
3.
use in feedingstuffs as referred to in Article 7(1) of Regulation
(EC) No 2799/1999, the operative event for the exchange rate
shall be the day on which the skimmed milk or skimmed-milk
powder is processed into compound feedingstuff or in which
the skimmed-milk powder is denatured.

1.
For the premium granted in return for the permanent
abandonment of vine-growing referred to in Article 8 of Regu-
lation (EC) No 1493/1999, the operative event for the exchange
rate shall be the first day of the wine year in which the appli-
cation for payment is submitted.

4.
For aid granted for supplying certain milk products to
pupils as referred to in Article 1 of Regulation (EC) No
2707/2000, the operative event for the exchange rate shall be
the first day of the month of the period to which the aid
application referred to in Article 11 of that Regulation relates.

For the prices and aid referred to in Articles 27(9) and (11) and
28(3) and (5) of Regulation (EC) No 1493/1999, the operative
event for the exchange rate shall be the first day of the wine
year in respect of which the buying-in price is paid.

5.
For aid for skimmed milk used in the production of casein
and caseinates referred to in Article 2(1) of Regulation (EEC) No
2921/90, the operative event for the exchange rate shall be the
day of manufacture of the casein and caseinates.

For the financial allocations for the restructuring and conversion
of vineyards provided for in Article 14 of Regulation (EC) No
1493/1999, the operative event of the exchange rate shall be 1
July preceding the financial year for which the financial allo-
cations are fixed.

For the prices, aid and crisis distillation measures referred
2.
to in Article 29(2) and (4) and Article 30 of Regulation (EC) No
1493/1999 and for the minimum price referred to in Article
69(3) of Commission Regulation (EC) No 1623/2000 (51), the

(51) OJ L 194, 31.7.2000, p. 45.

6.
For the payment of the levy referred to in Article 1 of
Regulation (EC) No 595/2004, for a given twelve-month period
within the meaning of Council Regulation (EC) No 1788/2003,
the operative event
for the exchange rate shall be 1 April
following the period concerned.

7.
For the transport costs referred to in Article 19(2) of
Regulation (EC) No 2771/1999 and in Article 11(2) of Regu-
lation (EC) No 214/2001, the operative event for the exchange
rate shall be the day on which the valid offer has been received
by the competent authority.

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Article 6

Minimum price for beet, one-off amount, surplus amount
and production charge in the sugar sector

additional

and on the

sugar quotas

For the minimum price for beet, the one-off amount levied on
the
supplementary
isoglucose quotas, and the surplus amount and the production
charge referred to in Articles 5, 8(3), 9(3), 15 and 16 respec-
tively of Regulation (EC) No 318/2006, the operative event for
the exchange rate shall be 1 October of the marketing year in
respect of which the prices and amounts are applied or paid.

Article 7

Amounts of a structural or environmental character and
overheads of operational programmes

1.
For the amounts referred to in the Annex to Regulation
(EC) No 1698/2005, as well as for the amounts relating to
measures approved under Regulation (EC) No 1257/1999, for
which the payments to beneficiaries are assured by the rural
development programmes approved under Regulation (EC) No
1698/2005, the operative event for the exchange rate shall be 1
January of the year in which the decision to grant the aid is
taken.

However, where, under Community rules, payment of
the
amounts referred to in the first subparagraph is staggered
over several years, the operative event for the exchange rate
instalments shall be l January of the
for each of the annual
year for which the instalment in question is paid.

For the lump sums referred to in point 3 of Annex I to
2.
intended to cover overheads
Regulation (EC) No 1433/2003,
specifically related to the operational
funds or programmes
referred to in Articles 15 and 16 of Regulation (EC) No
2200/96, the operative event for the exchange rate shall be 1
January of the year to which these overheads relate.

Article 8

Other amounts and prices

For prices or amounts other than those referred to in Articles 1
to 7, or amounts linked to those prices, expressed in euro in
Community legislation, or expressed in euro by a tendering
procedure, the operative event for the exchange rate shall be
the day on which one of the following legal acts occurs:

(a)

for purchases, when the valid offer has been received or, in
the fruit and vegetables sector, when the products are taken
over by the storekeeper;

(c)

for withdrawals of products in the fruit and vegetables
sector, the day on which the withdrawal takes place;

(d) for costs of transport, processing or public storage and for
amounts allocated to studies or promotional measures as
part of a tendering procedure,
the
submission of tenders;

the final day for

(e)

for the recording of prices, amounts or tenders on the
market, the day in respect of which the price, amount or
tender is recorded;

(f)

for penalties linked to non-compliance with agricultural
legislation, the date of the act of the competent authority
which establishes the facts;

(g) for turnover or amounts relating to production volumes, the
start of the reference period laid down by agricultural legis-
lation.

Article 9

Payment of advances

For advances, the operative event for the exchange rate shall be
the operative event applicable to the price or amount to which
the advance relates, where this event has occurred by the time
the advance is paid, or, in other cases, the date of setting in
euro of the advance or, failing that, the date of payment of the
advance.

The operative event for the exchange rate shall be applied to
advances without prejudice to the application to the entire price
or amount in question of the operative event for that price or
amount.

Article 10

Securities

For securities, the operative event for the exchange rate shall be
the date on which the security is lodged.

However, the following exceptions shall apply:

(a)

for securities relating to advances, the operative event for
the exchange rate shall be the operative event as defined for
the amount of the advance, where that event has occurred
by the time the security is paid;

(b) for securities relating to the submission of

the
operative event for the exchange rate shall be the day on
which the tender is submitted;

tenders,

(b) for sales, when the valid offer has been received or, in the
fruit and vegetables sector, when the operator concerned
takes over the products;

(c)

for securities relating to the performance of tenders, the
operative event for the exchange rate shall be the closing
date of the invitation to tender.

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CHAPTER II

EXCHANGE RATE

Article 11

Determination of the exchange rate

When an operative event is fixed under Community legislation,
the exchange rate to be used shall be the most recent rate set by
the European Central Bank (ECB) prior to the first day of the
month in which the operative event occurs.

Article 13

Amendment of Regulation (EEC) No 3164/89

Article 4 of Regulation (EEC) No 3164/89 is replaced by the
following:

‘Article 4

The operative event for the exchange rate applicable to the
aid shall be that referred to in Article 2(2) of Commission
Regulation (EC) No 1913/2006 (*).

However, in the following cases, the exchange rate to be used
shall be:

___________
(*) OJ L 365, 21.12.2006, p. 52.’

(a)

for the cases referred to in Article 1(1)
in which the
operative event for the exchange rate is the acceptance of
the customs declaration, the rate referred to in Article 18(1)
of Council Regulation (EEC) No 2913/92 (52);

(b) for intervention expenditure incurred in the context of
public storage operations, the rate resulting from the appli-
cation of Article 4(2) of Regulation (EC) No 884/2006;

(c)

in
for the minimum beet price referred to in Article 6,
the exchange rate is 1
which the operative event
October,
the average rate established by the European
Central Bank (ECB) for the month prior to the operative
event.

for

CHAPTER III

AMENDING AND FINAL PROVISIONS

Article 12

Amendment of Regulation (EEC) No 2220/85

Article 12 of Regulation (EEC) No 2220/85 is replaced by the
following:

‘Article 12

Article 14

Amendment of Regulation (EEC) No 3444/90

Article 8 of Regulation (EEC) No 3444/90 is replaced by the
following:

‘Article 8

The operative events for the exchange rate applicable to the
aid and to the securities shall be those referred to in Articles
2(5) and 10 respectively of Commission Regulation (EC)
No 1913/2006 (*).

___________
(*) OJ L 365, 21.12.2006, p. 52.’

Article 15

Amendment of Regulation (EEC) No 3446/90

Article 8 of Regulation (EEC) No 3446/90 is replaced by the
following:

‘Article 8

The operative events for the exchange rate applicable to the
aid and to the securities shall be those referred to in Articles
2(5) and 10 respectively of Commission Regulation (EC)
No 1913/2006 (*).

Securities as referred to in Article 1 shall be constituted

1.
in euro.

___________
(*) OJ L 365, 21.12.2006, p. 52.’

Notwithstanding paragraph 1, where the security is
2.
accepted in a Member State outside the euro zone,
in
national currency, the amount of the security in euro shall
be converted into that currency in accordance with Article 10
of Commission Regulation (EC) No 1913/2006 (*). The
undertaking corresponding to the security and any amount
withheld in the event of irregularities or breaches shall remain
fixed in euro.

___________
(*) OJ L 365, 21.12.2006, p. 52.’

(52) OJ L 302, 19.10.1992, p. 1.

Article 16

Amendment of Regulation (EEC) No 1722/93

In the second paragraph of Article 6(4) of Regulation (EEC)
No 1722/93, the second sentence is replaced by the following:

‘The operative event for the exchange rate applicable to the
refund shall be that referred to in Article 2(1) of Commission
Regulation (EC) No 1913/2006 (*).

___________
(*) OJ L 365, 21.12.2006, p. 52.’

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Article 17

Article 21

Amendment of Regulation (EEC) No 1858/93

Amendment of Regulation (EC) No 562/2000

Article 11 of Regulation (EEC) No 1858/93 is replaced by the
following:

Article 19 of Regulation (EC) No 562/2000 is replaced by the
following:

‘Article 11

The operative event for the exchange rate applicable to the
compensatory aid shall be that referred to in Article 2(6) of
Commission Regulation (EC) No 1913/2006 (*).
___________
(*) OJ L 365, 21.12.2006, p. 52.’

Article 18

Amendment of Regulation (EEC) No 2825/93

Article 6(2) of Regulation (EEC) No 2825/93 is replaced by the
following:

‘2.
The rate of the refund shall be that applicable on the
day on which the cereals are placed under control. However,
as regards the quantities distilled in each of the fiscal distil-
lation periods following that
in which the placing under
control occurred, the rate shall be that applicable on the
first day of each fiscal distillation period concerned.

The operative event for the exchange rate applicable to the
refund shall be that referred to in Article 1(1) of Commission
Regulation (EC) No 1913/2006 (*).
___________
(*) OJ L 365, 21.12.2006, p. 52.’

Article 19

Amendment of Regulation (EC) No 1905/94

Article 11(8) of Regulation (EC) No 1905/94 is replaced by the
following:

‘8.
For the amounts fixed within the framework of the
measures referred to in Articles 3, 4 and 5, the operative
referred to
for
event
the exchange rate shall be that
(EC)
2(6)
Article
in
No 1913/2006 (*).
___________
(*) OJ L 365, 21.12.2006, p. 52.’

Commission

Regulation

of

Article 20

‘Article 19

Exchange rate

The operative event for the exchange rate applicable to the
amount and to the prices referred to in Article 14 and to the
security referred to in Article 12 shall be those referred to in
(a) of Article 8 and in Article 10 respectively of
point
Commission Regulation (EC) No 1913/2006 (*).

___________
(*) OJ L 365, 21.12.2006, p. 52.’

Article 22

Amendment of Regulation (EC) No 907/2000

Article 13 of Regulation (EC) No 907/2000 is replaced by the
following:

‘Article 13

The operative events for the exchange rate applicable to the
aid and to the securities shall be those referred to in Articles
2(5) and 10 respectively of Commission Regulation (EC)
No 1913/2006 (*).

___________
(*) OJ L 365, 21.12.2006, p. 52.’

Article 23

Amendment of Regulation (EC) No 1291/2000

The second subparagraph of Article 15(2) of Regulation (EC)
No 1291/2000 is deleted.

Article 24

Amendment of Regulation (EC) No 245/2001

Article 16 of Regulation (EC) No 245/2001 is replaced by the
following:

Amendment of Regulation (EC) No 800/1999

‘Article 16

In Article 6, the last subparagraph, and in Article 37(2) of
Regulation (EC) No 800/1999,
the second subparagraph is
replaced by the following:

‘The operative event for the exchange rate applicable to the
refund shall be that referred to in Article 1(1) of Commission
Regulation (EC) No 1913/2006 (*).

Operative event

For each period as referred to in Article 6(2), the operative
event for the exchange rate for the euro for the purposes of
converting the advance and the processing aid for
the
quantity concerned shall be that referred to in Article 2(6)
of Commission Regulation (EC) No 1913/2006 (*).

___________
(*) OJ L 365, 21.12.2006, p. 52.’

___________
(*) OJ L 365, 21.12.2006, p. 52.’

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Article 25

Article 28

Amendment of Regulation (EC) No 2236/2003

Amendment of Regulation (EC) No 382/2005

Article 20 of Regulation (EC) No 2236/2003 is deleted.

Article 22 of Regulation (EC) No 382/2005 is deleted.

Article 26

Amendment of Regulation (EC) No 595/2004

Article 14 of Regulation (EC) No 595/2004 is replaced by the
following:

‘Article 14

The operative event for the exchange rate applicable to the
payment of the levy referred to in Article 1 of Regulation
(EC) No 595/2004 shall be that referred to in Article 5(6) of
Commission Regulation (EC) No 1913/2006 (*).

___________
(*) OJ L 365, 21.12.2006, p. 52.’

Article 29

Amendment of Regulation (EC) No 967/2006

Article 20 of Regulation (EC) No 967/2006 is deleted.

Article 30

Repeal

Regulations (EEC) Nos 1003/81, 3749/86, 1713/93, 1718/93,
1756/93, 1759/93, 1785/93, 1793/93 and (EC) Nos 3498/93,
2808/98, 594/2004 and 383/2005 are hereby repealed.

References to the repealed Regulations shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in the Annex to this Regulation.

Article 31

Article 27

Transitional rule in the sugar sector

Amendment of Regulation (EC) No 917/2004

Article 8 of Regulation (EC) No 917/2004 is replaced by the
following:

In the case of the conversion of the minimum price for beet
referred to in Article 5 of Regulation (EC) No 318/2006 into
the
national currencies in countries outside the euro zone,
arrangements applying in the 2006/07 marketing year shall
be those laid down in Article 1 of Regulation (EC) No 1713/93.

‘Article 8

For the amount referred to in Article 3 the operative event
for the exchange rate shall be the same as that referred to in
the first subparagraph of Article 7(1) of Commission Regu-
lation (EC) No 1913/2006 (*).

___________
(*) OJ L 365, 21.12.2006, p. 52.’

Article 32

Entry into force

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Regulation (EEC) No 1003/81

Regulation (EEC) No 3749/86

Regulation (EEC) No 1713/93

ANNEX

CORRELATION TABLE

Article 8

Article 8

Article 6

Point (a) of Article 8

Point (b) of Article 8

Article 1

Article 1

Article 1

Annex I.I

Annex I.II

Annex I.III

Annex I.IV

Annex I.V

Annex I.VI

Annex I.VII

Annex I.VIII

Annex I.IX

Annex I.X

Annex I.XII

Annex I.XIII

Annex I.XIV

Annex I.XV

Annex I.XVI

Article 1

Article 1(1)

Article 1(2)

Article 1(3)

Annex, Part B.III.1

Annex, Part B.III.5.A

Annex, Part C.III.3

Annex, Part D.4

Annex, Part D.6

Regulation (EEC) No 1718/93

Regulation (EEC) No 1756/93

—

—

—

—

—

—

—

—

—

—

Article 1

Article 10

—

Article 3

Article 2(5)

Article 10

Article 5

Article 5(1)

Article 5(2)

Article 5(3)

Article 5(4)

Article 5(5)

Regulation (EEC) No 1759/93

Article 1(1)

Point (a) of Article 8

Article 1(2), (4), (5), (6) and (7)

Article 10

Article 1(3)

Article 1

Article 1

Regulation (EEC) No 1785/93

Regulation (EEC) No 1793/93

Point (b) of Article 8

Article 3

Article 3

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Regulation (EC) No 3498/93

Article 3

Article 3

Article 2

Regulation (EC) No 2808/98

The present Regulation

Article 11

Article 1(1)

Points (a), (b) and (c) of Article 8

Article 1

Article 2

Article 3

Article 1

Article 2

Article 3(1)

Article 3(2)

Article 3(3)

Article 4(1)

Article 4(2)

Article 4(3)

Article 5(1)

Article 5(2)

Article 5(3)

Article 5(4)

Articles 6 to 15

Regulation (EC) No 594/2004

Article 2

Article 3(1)

Article 3(2)

Article 4

Article 5(1)

Article 5(2)

Article 5(3)

Article 6

Article 7

Article 8(1)

Article 8(2)

Article 8(3)

Article 8(4)

Article 9

Article 10

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 2(4)

Article 2(5)

Article 2(6)

Article 2(7)

Regulation (EC) No 383/2005

Article 2(4)

Article 2(5)

Article 3

Article 7

—

Point (d) of Article 8

Point (e) of Article 8

Article 9

Article 10

—

Article 7(2)

Point (c) of Article 8

Article 7(2)

Point (c) of Article 8

Article 1(2)

Article 1(2)

Article 1(1)

Article 2(2)

Point (a) of Article 8

Article 2(5)

Point (b) of Article 8

Article 10(b)

Article 1(1)

Article 2(2)

Article 4(1)

Article 4(1)

Article 4(1)

Article 4(2)

Article 4(2)

Article 4(2)

Article 4(3)

Article 4(3)