CELEX: 31972R0837
Language: en
Date: 1972-04-24
Title: Regulation (EEC) No 837/72 of the Commission of 24 April 1972 laying down special provisions in respect of levies and refunds fixed in advance for cereals

Official Journal of the European Communities                                      345
No L 98/10                          Official Journal of the European Communities                                    25.4.72
                              REGULATION (EEC) No 837/72 OF THE COMMISSION
                                                      of 24 April 1972
                  laying down special provisions in respect of levies and refunds fixed in advance for
                                                           cereals
THE    COMMISSION        OF    THE  EUROPEAN         COM­          Whereas, on the other hand, it might no longer be
MUNITIES,                                                         possible, in view of the reduced compensatory
                                                                  amounts, to effect exports for which the refund has
Having regard to the Treaty establishing the                      been fixed in advance, since the calculations of the
European Economic Community;                                      parties concerned were based on the granting of
                                                                  refunds fixed in advance and of these compensatory
Having regard to Council Regulation (EEC) No                      amounts which, in most cases, have not changed
974/71 1 of 12 May 1971 on certain measures of                    much over a relatively long period ; whereas the
conjunctural policy to be taken in agriculture                     adverse effects of this situation could also be avoided
following the temporary widening of the margins of                by maintaining the economic situation which faced
fluctuation for the currencies of certain Member                  the parties at the time of the advance fixing;
States, and in particular Article 6 thereof;
                                                                   Whereas it is fair to give the parties concerned the
Whereas, to deal with the case of a Member State                  opportunity of cancelling the advance fixing, while
allowing the exchange rate of its currency to                      maintaining their obligation to import or export;
fluctuate by a margin wider than the one permitted
by international rules, Regulation No 974/71 /EEC                 Whereas the measures provided for in this Regulation
introduced a system of compensatory amounts based                 are in accordance with the Opinion of the
on the difference between the official parity of that              Management Committee for Cereals ;
currency and the arithmetic mean of spot market
rates of that currency against: the US dollar during a             HAS ADOPTED THIS REGULATION :
reference period; whereas the compensatory amounts
levied on imports and granted on exports cannot be                                         Article 1
fixed in advance;
                                                                   1.    As from the date on which an amendment to
Whereas the present system of compensatory                         the provisions governing the calculation of the
amounts is likely to change considerably with the                  compensatory amounts introduced following the
gradual return to a more stable monetary situation ;               monetary crisis comes into effect and leads to a
whereas this may lead to a significant reduction in                reduction or the abolition of these amounts for
the compensatory amounts which would not be due                    cereals :
either to a fall in spot market rates or in prices ;
                                                                   (a) where the levy has been fixed in advance before
Whereas the Community market could be faced with                       that date, the compensatory amount to be
serious difficulties if products for which the levy has                applied shall be that valid in the importing
been fixed in advance were imported and if only the                    Member State on the day on which the levy for
levy fixed in advance and the new reduced                              the product in question was fixed in advance;
 compensatory amount were paid; whereas, to avoid                  (b) where the export refund has been fixed in advance
these difficulties and any associated risk of                          before that date, the compensatory amount to be
speculation, equilibrium should be maintained by                        applied shall be that valid in the exporting
keeping the total import charge on these products as                   Member State on the day on which the refund
it was when the levy was fixed in advance;                             for the product in question was fixed in advance.
                                                                   2. However, any interested party who has
 1 OJ No L 106, 12.5.1971 , p. 1 .                                 obtained advance fixing and who is subject to the
 ---pagebreak--- 346                                 Official Journal of the European Communities
provisions of paragraph 1 shall, by written                        ( advance fixing cancelled in accordance with
application made to the agency issuing the certificate             Regulation (EEC) No 837/72).
within thirty days following the date on which the
amendment referred to in paragraph 1 comes into                This endorsement shall be followed by the date on
effect, obtain cancellation of the advance fixing.             which the application in writing is received and by
                                                               the stamp of the issuing authority.
The application must be accompanied by the
certificate and by any extracts from that certificate.         2.     If, when    importing,   the interested party
                                                               indicates that he intends to seek cancellation of the
                                                               advance fixing of the levy, the agency which recovers
                        Article 2                              the levy shall require that a deposit be lodged
                                                               guaranteeing payment of the higher of the following
                                                               sums : either the levy fixed in advance plus the
1 . Where the provisions of Article 1 (2) are                  compensatory amount valid on the day of advance
involved, the agency issuing the certificate shall             fixing, or the levy valid on the day of importation
cancel the advance fixing on the certificate and               plus the compensatory amount valid on that day.
extracts by deleting the endorsements appearing in
Section 17 and by inserting one of the following               The operation shall be considered to be in order on
endorsements in Section 20 of the import licence or            submission of the certificate or the extract endorsed
Section 18 of the export licence as the case may be :          in accordance with paragraph 1 . If the certificate or
                                                               extract endorsed in accordance with paragraph 1 has
— 'fixation a l'avance annulee — application du                not been submitted to the competent authority within
    règlement (CEE) no 837/72'                                 a period of six months from the day of importation,
— 'Vorausfestsetzung annulliert gemäß Verordnung               the deposit shall be forfeited.
    (EWG) Nr 837/72'
                                                                                      Article 3
—- 'fissazione in anticipo annullata — applicazione
    del regolamento ( CEE) N. 837/72'
                                                               This Regulation shall enter into force on the third
— 'Vaststelling       vooraf    geannuleerd      volgens       day following its publication in the Official Journal
    Verordening (EEC) nr 837/72'                               of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 24 April 1972.
                                                                                 For the Commission
                                                                                      The President
                                                                                   S. L. MANSHOLT