INVOLVED SHOULD BE LAID DOWN TAKING INTO ACCOUNT ALL THE FACTORS THAT COULD JUSTIFY SUCH A CANCELLATION ;
WHEREAS THE NEW CONVERSION RATES FIXED BY REGULATION ( EEC ) NO 976/78 WILL APPLY ONLY FROM THE DATES SPECIFIED IN ARTICLE 2A OF REGULATION ( EEC ) NO 878/77 ; WHEREAS THE CANCELLATIONS IN QUESTION SHOULD BE PERMITTED ONLY AT THE MOMENT WHEN THE AMOUNTS FIXED IN ADVANCE HAVE ACTUALLY BEEN AFFECTED BY THOSE RATES ; WHEREAS , HOWEVER , A CANCELLATION CAN BE JUSTIFIED ONLY IF THE ALTERATION AFFECTING THE AMOUNT FIXED IN ADVANCE WAS NOT FORESEEABLE ; WHEREAS THE RIGHT TO CANCEL ADVANCE FIXING SHOULD THEREFORE BE LIMITED TO THOSE APPLICATIONS WHICH WERE SUBMITTED BEFORE THE ALTERATION OF THE RELEVANT AMOUNT WAS FORESEEABLE ;
WHEREAS THE PRICES TO BE PAID IN CONNECTION WITH CERTAIN DISTILLATION OPERATIONS ARE FIXED FOR THE WINE-GROWING YEAR ; WHEREAS THE WINE-GROWING YEAR DOES NOT COINCIDE WITH THE PERIOD OF APPLICATION OF THE PRICES FIXED FOR WINE ; WHEREAS IT IS , HOWEVER , ADVISABLE TO ENSURE THAT THE SAID PRICES ARE NOT SUBJECT TO CHANGES ; WHEREAS USE SHOULD THEREFORE BE MADE OF THE OPTION PROVIDED FOR IN ARTICLES 2 AND 2A OF REGULATION ( EEC ) NO 878/77 TO LAY DOWN OTHER DATES FOR DISTILLATION OPERATIONS THAN THAT FOR THE WINE SECTOR IN GENERAL AND IT SHOULD BE SPECIFIED THAT THE NEW RATES DUE TO APPLY FROM 16 DECEMBER 1978 SHOULD APPLY FROM 1 SEPTEMBER 1978 ;
WHEREAS APPLICATION OF THE REPRESENTATIVE RATE FOR THE ITALIAN LIRA FIXED IN COUNCIL REGULATION ( EEC ) NO 178/78 ( 4 ) AND PURSUANT TO ARTICLE 2 ( 5 ) ( B ) OF REGULATION ( EEC ) NO 878/77 APPLICABLE TO THE WINE SECTOR FROM 22 MAY 1978 WILL CARRY THE RISK OF HINDERING THE NORMAL PROGRESS OF THE DISTILLATION OPERATIONS NOW IN HAND ; WHEREAS IT THEREFORE APPEARS NECESSARY NOT TO APPLY THIS RATE TO THESE OPERATIONS ;
WHEREAS ARTICLE 5 ( 2 ) OF REGULATION ( EEC ) NO 878/77 PROVIDES THAT THERE MAY BE AN INCREASE OF 2 % IN THOSE AMOUNTS FIXED IN UNITS OF ACCOUNT WHICH ARE NOT LINKED TO THE PRICE FIXINGS ; WHEREAS THIS FACILITY SHOULD BE MADE USE OF TO THE EXTENT NECESSARY TO PREVENT ANY REDUCTION IN NATIONAL CURRENCY TERMS OF THE AMOUNTS CONCERNED ;
WHEREAS UNTIL NOW THE DETAILED RULES FOR THE APPLICATION OF COUNCIL REGULATION ( EEC ) NO 878/77 ON THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE HAVE BEEN FIXED BY COMMISSION REGULATION ( EEC ) NO 937/77 OF 29 APRIL 1977 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 475/78 ( 6 ); WHEREAS THIS SHOULD BE REPLACED BY A NEW REGULATION ;
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL THE RELEVANT MANAGEMENT COMMITTEES AND OF THE STANDING COMMITTEE ON AGRICULTURAL STRUCTURES ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . WITHOUT PREJUDICE TO THE MEASURES TO