CELEX: 31974R2966
Language: en
Date: 1974-11-25 00:00:00
Title: Regulation (EEC) No 2966/74 of the Commission of 25 November 1974 introducing temporary measures in respect of monetary compensatory amounts following suspension of the application of Article 4a (2) of Regulation (EEC) No 974/71

26. 11 . 74                              Official Journal of the European Communities                              No L 316/ 5
                             REGULATION (EEC) No 2966/74 OF THE COMMISSION
                                                      of 25 November 1974
             introducing temporary measures in respect of monetary compensatory amounts
             following suspension of the application of Article 4a (2) of Regulation ( EEC) No
                                                              974/ 71
THE COMMISSION OF THE EUROPEAN                                        Whereas the provisions provided for in this Regula­
COMMUNITIES,                                                          tion are in accordance with the Opinions of the
                                                                      Management Committees for Cereals, Eggs and Poul­
Having regard to the Treaty establishing the European                 trymeat, Pigmeat, Milk and Milk Products, and Sugar,
Economic Community ;
Having regard to Council Regulation (EEC) No
                                                                      HAS ADOPTED THIS REGULATION :
974/71 (') of 12 May 1971 on certain measures of
conjunctural policy to be taken in agriculture
following the temporary widening of the margins of
fluctuation  for   the     currencies     of  certain  Member                                  Article 1
States, as last amended by Regulation (EEC) No
2497/74 (2), and in particular Article 6 ( 1 ) thereof ;              Member States are hereby authorized, where suspen­
                                                                      sion of the application of Article 4a (2) of Regulation
Whereas Regulation (EEC) No 974/71 instituted                         ( EEC) No 974/71 provided for by Regulation (EEC)
monetary compensatory amounts to be applied in                        No 2497/74 results in monetary compensatory
trade between Member States and with third countries                  amounts being applied or increased , not to charge, at
to counteract the effects of monetary measures which                  their discretion and subject to the conditions set out
might otherwise have affected the proper functioning                  below, the monetary compensatory amount or the
of the common agricultural policy ;                                   proportion of the amount which corresponds to the
                                                                      increase .
Whereas Article 4a (2) of that Regulation provides that
in trade between Member States and third countries ,
the compensatory amounts applicable owing to the                                               Article 2
decrease in value of the currency concerned may not
be higher than the charge on products imported from                    1 . Article 1 shall apply only to exports to Member
third countries ; whereas the application of this provi­              States or third countries effected in performance of
sion has, in certain sectors, had the effect of reducing              binding contracts entered into before 20 September
or eliminating monetary compensatory amounts ;                         1974 .
Whereas Council Regulation (EEC) No 2497/74 of 2                       2.     The authorization referred to in Article 1 shall
October 1974, which supplemented Regulation (EEC)                      be used only at the request of the interested party,
No 974/71 , suspended the application of that Article                 which shall be lodged within 10 days from the date of
as from 21 October 1974 ;                                              entry into force of this Regulation , and if such party
                                                                       furnishes proof, at the time of lodging the request,
Whereas, for traders who, before the adoption of that                  that if the reimposed or increased monetary compensa­
Regulation , entered into contracts containing set                     tory amount were charged, this would represent for
conditions the suspension of that provision has some­                  the exporter of the party with whom he has
                                                                       contracted an excessive additional burden which could
times resulted in charges which could not have been
taken into account when the contracts were entered                     not be avoided by the exercise of all necessary and
                                                                       normal care .
into being levied on exports ;
                                                                       3.     The authorization referred to in Article 1 shall
Whereas, in order to obviate the levy of such charge,                  be used only
which traders could not have foreseen , it appears desir­
able to authorize the Member States in certain cases                  — in the case of trade with third countries where an
 not to change the compensatory amount or the                              export certificate is required : for exports carried
proportion of this amount which corresponds to the                         out during the period of validity of the certificate
increase in the monetary compensatory amount ;                             that has been delivered .
                                                                           in other cases : for transactions carried out within
(') OJ No L 106, 12. 5 . 1971 , p. 1 .
(2 ) OJ No L 268 , 3 . 10 . 1974, p. 5 .                                   a period of three months from 20 September 1974.
 ---pagebreak--- No L 316/ 6                       Official Journal of the European Communities                          26. 11 . 74
                       Article 3                                                    Article 4
Member States shall inform the Commission of the
criteria which they intend to adopt in applying the
authorization referred to in Article 1 .
In addition , Member States shall notify to the             This Regulation shall enter into force on the third day
Commission every three months the cases in respect          following its publication in the Official Journal of
of which they have made practical use of the authori­        the European Communities. It shall apply to exports
zation .                                                    carried out from 21 October 1974 onwards .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 25 November 1975 .
                                                                     For the Commission
                                                                         The President
                                                                    Francois-Xavier ORTOLI