IS THE CASE CONCERNING PERIODS DURING WHICH EITHER RATES OF EXCHANGE OR WORLD PRICES ARE SUBJECT TO CONSIDERABLE VARIATIONS .
THEREFORE SUCH A FIXING OF COMPENSATORY AMOUNTS FOR PERIODS WHICH HAVE ALREADY COME TO AN END AT THE TIME WHEN THE FIXING TAKES PLACE CANNOT BE DESCRIBED AS RETROACTIVE APPLICATION .
MOREOVER THE PREVIOUS RULES ON THE SAME SUBJECT-MATTER CONFIRM THE FOREGOING AND MAKE IT CLEAR THAT THE INTERESTED PARTIES MUST FOR A LONG TIME HAVE BEEN AWARE OF THE NEEDS OF THE MACHINERY INTRODUCED .
25 IT SHOULD BE NOTED THAT THE SYSTEM OF COMPENSATORY AMOUNTS WAS NOT INTRODUCED BUT ONLY AMENDED BY REGULATIONS NOS 509/73 AND 648/73 .
THE LAST APPLICATION OF THE PREVIOUS SYSTEM , NAMELY REGULATION NO 450/73 OF THE COMMISSION OF 6 FEBRUARY 1973 , FIXING THE MONETARY COMPENSATORY AMOUNTS FOR CERTAIN CEREALS , MUST HAVE CEASED TO BE EFFECTIVE BY REASON OF THE ENTRY INTO FORCE , ON 26 FEBRUARY 1973 , OF THE AMENDMENT TO REGUALTION NO 974/71 MADE BY REGULATION NO 509/73 .
26 IT WAS THEREFORE NECESSARY , IN ORDER THAT THERE BE NO DISCONTINUITY IN THE APPLICATION OF A SYSTEM WHICH HAD BECOME ESSENTIAL TO THE FUNCTIONING OF THE COMMON AGRICULTURAL POLICY , TO ADOPT RULES AND TO FIX AMOUNTS FOR THE PERIOD SUBSEQUENT TO THAT DATE .
IN THESE CIRCUMSTANCES REGULATIONS NOS 648/73 AND 649/73 COULD ONLY PROVIDE THAT THEY WERE TO APPLY WITH EFFECT FROM 26 FEBRUARY 1973 .
MOREOVER , AS HAS JUST BEEN STATED , SUCH A FIXING OF THE COMPENSATORY AMOUNTS AFTER THE EVENT WAS INHERENT IN THE NATURE OF THE SYSTEM .
27 HOWEVER , THE AMOUNTS LAID DOWN BY REGULATION NO 649/73 HAD TO BE ADJUSTED IN ACCORDANCE WITH ARTICLE 4A OF REGULATION NO 974/71 , AS ARTICLE 1 OF THE FIRST OF THOSE REGULATIONS EXPRESSLY PROVIDES .
THESE ADJUSTMENTS FORMED AN INTEGRAL PART OF THE AMOUNTS FIXED BY REGULATION NO 649/73 AND THE REGULATIONS WHICH FOLLOWED IT , EVEN THOUGH THE FIXING THEREOF TOOK PLACE AFTER A CERTAIN UNDERSTANDABLE DELAY .
28 SINCE , IN THE CIRCUMSTANCES SET OUT ABOVE , IT IS APPROPRIATE TO RECOGNIZE THAT REGULATION NO 649/73 VALIDLY APPLIED WITH EFFECT FROM 26 FEBRUARY 1973 ALTHOUGH IT WAS ONLY PUBLISHED ON 9 MARCH 1973 , IT FOLLOWS THAT THE SAME MUST BE TRUE OF REGULATION NO 905/73 WHICH CONSTITUTES THE NECESSARY COMPLEMENT OF REGULATION NO 649/73 , AND WHICH WAS FORESEEABLE FROM THE DAY WHEN REGULATION NO 509/73 WAS PUBLISHED .
29 IT FOLLOWS FROM ALL THE FOREGOING THAT IT IS RIGHT TO STATE THAT WITH REGARD TO MONETARY COMPENSATORY AMOUNTS THE FACT THAT THE FACTORS NECESSARY FOR THEIR CALCULATION ARE ONLY DETERMINED AFTER THE PERIOD DURING WHICH THE SAID AMOUNTS HAVE BECOME APPLICABLE IS FREQUENTLY INHERENT IN THE SYSTEM ITSELF , PARTICULARLY AT A TIME OF SUDDEN AND UNFORESEEABLE CHANGES IN MARKET CONDITIONS , AND CANNOT , THEREFORE , BE CONSIDERED , ON SUCH GROUNDS , AS GIVING THE RULES A RETROACTIVE EFFECT .
Decision on costs
COSTS