CELEX: 31977R1123
Language: en
Date: 1977-05-27
Title: Commission Regulation (EEC) No 1123/77 of 27 May 1977 on transitional measures concerning the application of monetary compensatory amounts to certain products not included in Annex II

28 . 5. 77                                 Official Journal of the European Communities                       No L 134/51
                                      COMMISSION REGULATION (EEC) No 1123/77
                                                           of 27 May 1977
               on transitional measures concerning the application of monetary compensatory
                                 amounts to certain products not included in Annex II
THE COMMISSION OF THE EUROPEAN                                        HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                        Article 1
Economic Community,
                                                                      1 . By way of derogation from the Regulations
Having regard to Council Regulation (EEC) No                          fixing the monetary compensatory amounts, the
974/71 of 12 May 1971 on certain measures of                          amounts fixed for products falling within subheadings
conjunctural policy to be taken in agriculture                        17.04 D, 18.06 B, 18.06 C, 19.08 B and 21.07 C of the
following the temporary widening of the margins of                    Common Customs Tariff shall be granted only in the
fluctuation   for the       currencies of certain       Member        following cases :
States (J), as last amended by Regulation (EEC) No                    (a) on products exported from Member States whose
557/76 (2), and in particular Article 6 thereof,                          currencies have appreciated if proof is provided
                                                                          either that :
Whereas Commission Regulation (EEC) No 800/77 of
20 April 1977 amending, as regards products which                         — they were obtained in the exporting Member
                                                                              State, or
are subject to monetary compensatory amounts, Regu­
lation (EEC) No 572/76 fixing the monetary compen­                        — prior to export the customs formalities for
satory amounts (3), introduced monetary compensatory                          importation into the exporting Member State
amounts for certain additional products not covered                           were completed before 7 April or after 3 July
                                                                              1977 ;
by Annex II ; whereas by Commission Regulation
(EEC) No 1051 /77 of 18 May 1977 postponing the                       (b) on products imported into Member States whose
date of entry into application of Regulation (EEC) No                     currencies have depreciated if proof is provided
800/77 (4), this date was postponed from 23 May to 4                      either that :
July 1977 ;
                                                                          — they were obtained in a third country or in a
Whereas the introduction of these amounts leads to a                          Member State other than the importing
considerable change in the terms of trade for the                             Member State, or
products concerned ; whereas in view of this change                       — prior to import the customs formalities for
there could be speculation in the products in question                        exportation from the importing Member State
thus giving rise to deflection of trade ;                                     were completed before 7 April or after 3 July
                                                                              1977 .
Whereas in order to avoid such deflection it should be
laid down that for a certain period, no monetary                      2.    Paragraph 1 shall apply to exports and imports
compensatory amount is to be granted on exports and                   in respect of which the customs formalities are
imports effected for the purpose of profiting from the                completed before 29 August 1977.
new amounts ;
                                                                      3.    The preceding provisions shall not apply :
Whereas, however, transitional measures are not neces­
                                                                      (a) to products obtained in the United Kingdom
sary for trade between Ireland and the United                             which are reimported by that Member State from
Kingdom as, since 1 April 1977, Ireland has been                          Ireland where they had been previously imported ;
applying, in trade in the products in question with the
United Kingdom , a system of export subsidies and                     (b) to products obtained in Ireland which are reim­
import levies corresponding to the effect of the mone­                    ported by that Member State from the United
tary compensatory amounts ;                                               Kingdom where they had been previously
                                                                          imported.
Whereas the Management Committees for Cereals,
Sugar, Poultrymeat and Eggs and Milk and Milk                         4.    The Member State responsible for granting the
Products have not delivered opinions within the time                  monetary compensatory amounts in question shall
limits set by their respective chairmen ;                             adopt the necessary control measures.
(») OJ  No  L  106, 12. 5 . 1971 , p. 1 .                                                    Article 2
(2) OJ  No  L  67, 15 . 3 . 1976 , p . 1 .
(3) OJ  No  L  97, 21 . 4. 1977, p . 18 .
(") OJ  No  L  125, 19 . 5. 1977, p . 34.                             This Regulation shall enter into force on 4 July 1977.
 ---pagebreak--- No L 134/52                  Official Journal of the European Communities                        28 . 5. 77
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 27 May 1977.
                                                                 For the Commission
                                                                  Finn GUNDELACH
                                                                     Vice-President