CELEX: 31976R0571
Language: en
Date: 1976-03-15 00:00:00
Title: Commission Regulation (EEC) No 571/76 of 15 March 1976 laying down detailed rules for the application of Council Regulation (EEC) No 557/76 on the exchange rates to be applied in agriculture and repealing Regulation (EEC) No 475/75

15 . 3 . 76                              Official Journal of the European Communities                             No L 68/ 1
                                                                I
                                             (Acts whose publication is obligatory)
                                     COMMISSION REGULATION (EEC) No 571/76
                                                        of 15 March 1976
              laying down detailed rules for the application of Council Regulation (EEC) No 557/76
              on the exchange rates to be applied in agriculture and repealing Regulation (EEC)
                                                            No 475/75
THE COMMISSION OF THE EUROPEAN                                      deciding whether a disadvantage has been created
COMMUNITIES,                                                        should be laid down taking into account all the
                                                                    factors that could justify such a cancellation;
Having regard to the Treaty establishing the
European Economic Community,                                        Whereas the new conversion rates shall only apply
                                                                    from the dates specified in Article 2 of Regulation
Having regard to Council Regulation (EEC) No                        (EEC) No 557/76 ; whereas the relevant cancellations
557/76 of 15 March 1976 on the exchange rates to be                 should only be permitted when the amounts fixed in
applied in agriculture and repealing Regulation (EEC)               advance have actually suffered as a result thereof;
No 475/75 (*), and in particular Article 3 thereof,                 whereas, however, a cancellation can only be justified
                                                                    if the alteration affecting the amount fixed in advance
                                                                    was not foreseeable; whereas the right to cancel
Having regard to Council Regulation (EEC) No                        advance fixing should therefore be limited to those
974/71 of 12 May 1971 on certain measures of                        applications which were submitted before the
conjunctural policy to be taken in agriculture                      alteration of the relevant amount was foreseeable ;
following the temporary widening of the margins of
fluctuation for the currencies of certain Member
States (2), as last amended by Regulation (EEC) No                  Whereas the prices to be paid by intervention
557/76, and in particular Article 6 thereof,                        agencies in connection with the system of distillation
                                                                    of by-products of wine-making are fixed for the wine
                                                                    year; whereas the latter year does not coincide with
Whereas Regulation (EEC) No 557/76 brought into                     the period of application of the prices fixed for wine ;
operation the provisions of Council Regulation                      whereas it is however advisable to ensure that the
(EEC) No 1134/68 of 30 July 1968 laying down rules                  prices to be paid by the intervention agencies for any
for the implementation of Regulation (EEC) No                       one harvest should not be subject to changes ;
653 /68 on conditions for alterations to the value of
the unit of account used for the common agricultural
policy (3); whereas Article 4 thereof provides that any             Whereas Article 9(3 ) of Commission Regulation
person concerned who has obtained an advance                         (EEC) No 1380/75 of 29 May 1975 laying down rules
fixing for a specific transaction may on application                for the application of monetary compensatory
obtain cancellation of the advance fixing and of the                amounts (4), as last amended by Regulation (EEC)
relevant document or certificate ; whereas, however,                No 2819/75 (5), provides that no monetary
Article 5(2) of Regulation (EEC) No 557/76 provides                 compensatory amount shall be granted or levied in
that the second subparagraph of Article 4(1 ) of                    trade between Ireland and the United Kingdom ;
Regulation (EEC) No 1134/68 shall apply only if the                 whereas the fixing of a new representative rate for
application of the new representative rates creates a               the Irish pound involves different dates for the
disadvantage ; whereas, therefore, the conditions for               application of monetary compensatory amounts in
                                                                    trade between these two countries ; whereas the said
 H OJ No L 67, 15 . 3 . 1976, p. 1 .
 (2) OJ No L 106, 12. 5 . 1971 , p . 1 .                              (4) OJ No L 139, 30 . 5 . 1975, p. 37.
 (3) OJ No L 188, 1 . 8 . 1968, p . 1 .                               (5) OJ No L 280, 31 . 10. 1975, p . 33 .
 ---pagebreak---  No L 68/2                            Official Journal of the European Communities                             15 . 3 . 76
 Article 9(3 ) should therefore only apply until those           apply to the products and Member States concerned
 dates ;                                                         with effect from the dates set out in Article 2(2) of
                                                                 Regulation (EEC) No 557/76.
 Whereas Regulation (EEC) No 557/76 provides that               2.     The said provisions shall apply only to advance
 there may be an increase of 2-81 % for those                   fixing and to the relevant documents or certificates
 amounts fixed in units of account which are not
                                                                issued before 15 March 1976 within the meaning of
 linked to price fixings ;                                      Article 9(1 ) of Commission Regulation (EEC) No
                                                                193/75 of 17 January 1975 laying down common
 Whereas the measures provided for in this                      detailed rules for the application of the system of
 Regulation are in accordance with the opinions of the          import and export licences and advance fixing
relevant management committees and the Standing                 certificates for agricultural products (1 ), as last
 Committee on Agricultural Structures,                           amended by Regulation (EEC) No 499/76 (2).
                                                                                            Article 3
 HAS ADOPTED THIS REGULATION :
                                                                The following coefficients shall be applied from
                                                                 1 September until 15 December 1976 to the buying-in
                           Article 1                            prices to be paid by intervention agencies under the
                                                                system of distillation of by-products of wine-making :
 1 . With respect to products for which a monetary
                                                                — in France 0-98598 ,
compensatory amount is fixed, cancellation of the
advance fixing and the relevant document or
certificate as provided in the last subparagraph of             — in Italy 1-05601 .
Article 4(1 ) of Regulation (EEC) No 1134/68 may be
applied only :
                                                                                           Article 4
— in the case of import licences issued in Ireland
     and Italy,                                                 Article 9(3 ) of Regulation (EEC) No 1380/75 shall
                                                                cease to apply with effect from :
— in the case of export licences issued in Germany,
     Belgium, Luxembourg and the Netherlands.                  — 15 March 1976 to products in the milk and milk
                                                                     products sector, the beef and veal sector, the
                                                                     pigmeat sector and to goods covered by Council
2. In respect of transactions to which monetary                      Regulation (EEC) No 1059/69 of 28 May 1969
compensatory        amounts        are not applicable,               laying down the trade arrangements applicable to
'disadvantage' for the purposes of Article 5 of                      certain goods resulting from the processing of
Regulation (EEC) No 557/76 shall mean an alteration                  agricultural products (3), as last amended by
in terms of national currency to all the amounts                     Regulation (EEC) No 3058/75 (4);
applicable to a particular transaction, and which
leads, after any appropriate offsetting, following             — 1 July 1976 to products in the sugar sector;
application of the new representative rate to :
                                                                — 1 August 1976 to products in the cereals, eggs and
— the levying of a greater amount, or                                poultrymeat sectors, and to albumin.
— the granting of a lesser amount
                                                                                           Article 5
than that applicable before entry into force of the
said rate.                                                      1.     The amounts listed in the Annex shall be
                                                               amended as specified therein.
                           Article 2
                                                                (!) OJ No L 25, 31 . 1 . 1975, p. 10.
                                                                (2 ) OJ No L 59, 6. 3 . 1976, p. 18 .
1 . The provisions of the last subparagraph of                  (3 ) OJ No L 141 , 12 . 6. 1969, p. 1 .
Article 4(1 ) of Regulation (EEC) No 1134/68 shall              (4) OT No L 306, 26. 11 . 1975, p. 3 .
 ---pagebreak---  15 . 3 . 76                         Official Journal of the European Communities                          No L 68/3
2.       As regards the amounts set out in the Annex,           representative rates for the currencies of certain
Member States shall bring into force all necessary              Member States (*), as last amended by Regulation
measures to comply with the provisions of para­                 (EEC) 'No 124/76 (2 ), is hereby repealed.
 graph 1 within six month from the date of entry into
 force of this Regulation.
3.      Annex II to Commission Regulation (EEC) No                                        Article 6
540/75 of 28 February 1975 laying down additional
measures to be taken in agriculture following the              This Regulation shall enter into force on 15 March
fixing, with effect from 3 March 1975, of new                   1976.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 15 March 1976.
                                                                                  For the Commission
                                                                                     P.J. LARDINOIS
                                                                              Member of the Commission
                                                                    OJ No L 57, 3 . 3 . 1975, p. 29 .
                                                                 H OJ No L 13 , 22 . 1 . 1976, p . 13 .
 ---pagebreak---                                                                                                        \
No L 68/4                               Official Journal of the European Communities                         15 . 3 . 76
                                                              ANNEX
                                                                A
                Amounts specified in the Council Directive of
                    17 April 1972 on the modernization of              Existing amount     To be replaced by
                            agricultural holdings 0)
           Article 8 (2)                                                 40 908 u.a .        42 060 u.a .
                                                                         per MWU              per MWU
           Article 9 (2)                                                 10 227 u.a .        10 520 u.a .
                                                                        40 908 u.a .         42 060 u.a .
                                                                      per investment       per investment
          Article 10 and Article 1 of the Council
          Directive of 15 May 1973 (2)                                   46 u.a./ha          47 u.a./ha
                                                                         31 u.a./ha           32 u.a./ha
                                                                       15-50 u.a./ha          16 u.a./ha
                                                                     4 600 u.a./farm      4 700 u.a./farm
                                                                     3 100 u.a./farm      3 200 u.a./farm
                                                                     1 550 u.a./farm      1 600 u.a./farm
          Article 11 ( 1 )                                                 460 u.a .            473 u.a .
          Article 12                                                     2 557 u.a .          2 630 u.a .
                                                                         7 670 u.a .          7 890 u.a .
          C) OJ No L 96, 23 . 4. 1972, p. 1 .
          (*) OJ No L 153 , 9 . 6. 1973 , p. 24 .
                                                                B
               Amounts specified in the Council Directive of
                 28 April 1975 on mountain and hill farming           Existing amount     To be replaced by
                     and farming in less favoured areas
          Article 7 ( 1 )                                           15-50 u.a ./ABU         16 u.a. /ABU
                                                                           or ha                or ha
          Article 7 ( 1 ) (a)                                         51 u.a. /ABU       52-50 u.a./ABU
                                                                  51 u.a./ha of area     52-50 u.a./ha of
                                                                      under forage      area under forage
          Article 7 ( 1 ) (b)                                           51 u.a./ha         52-50 u.a./ha
          Article 10 (2)                                          10 227 u.a./holding  10 520 u.a./holding