CELEX: 31978R1533
Language: en
Date: 1978-07-01 00:00:00
Title: Commission Regulation (EEC) No 1533/78 of 30 June 1978 fixing adjustments to monetary compensatory amounts for milk and milk products fixed in advance

No L 179 /28                              Official Journal of the European Communities                                1 . 7 . 78
                                     COMMISSION REGULATION ( EEC) No 1533/ 78
                                                          of 30 June 1978
                 fixing adjustments to monetary compensatory amounts for milk and milk
                                                     products fixed in advance
THE COMMISSION OF THE EUROPEAN                                       average of the two percentages should be used for
COMMUNITIES,                                                         products the monetary compensatory amounts for
                                                                     which are calculated using both that for butter and
                                                                     that for skimmed-milk powder ; whereas for the same
Having regard to the Treaty establishing the European                reason the adjustment coefficients fixed for the milk
Economic Community,                                                  sector alone should be applied for milk products
                                                                     containing certain quantities of products of other
                                                                     sectors ;
Having regard to Council Regulation (EEC) No
974/71 of 12 May 1971 on certain measures of
conjunctural policy to be taken in agriculture                       Whereas under Article 3 (2) of Regulation (EEC) No
following the temporary widening of the margins of                   1516/78 the adjustment under Article 7 ( 1 ) of Regula­
fluctuation      for  the    currencies    of  certain  Member       tion (EEC) No 243/78 is altered if there is an adjust­
States ( ! ), as last amended by Regulation (EEC) No                 ment under Article 7 (2) of that Regulation ;
557/76 (2), and in particular Article 6 thereof,
                                                                     Whereas before the publication of Regulation (EEC)
Whereas the first indent of Article 7 (2) of Commis­                 No 1516/78 there were rjpt yet precise rules on adjust­
sion Regulation (EEC) No 243/78 of 1 February 1978                   ments under Article 7 (2) of Regulation (EEC) No
providing for the advance fixing of monetary compen­                 243/78 ;
satory amounts (3) provides for optional adjustment of
monetary compensatory amounts fixed in advance
when the levy or refund is adjusted following a                      Whereas at the moment of adoption of the adjust­
change in prices ; whereas, under Article 2 ( 1 ) of                 ments to refunds fixed in advance no decision had
Commission Regulation (EEC) No 1516/78 of 30                         therefore been taken on the adjustment of monetary
June 1978 on adjustments to monetary compensatory                    compensatory amounts fixed in advance in the sector
amounts fixed in advance and repealing Regulation                    in question ; whereas it therefore appears appropriate,
(EEC) No 651 /78 (4), these adjustments of monetary                  in the interests of the trade, to complete the measures
compensatory amounts applicable to milk products                     adopted ;
made following a change in the price level in units of
account correspond to the adjustments made to
refunds fixed in advance ;                                           Whereas the monetary compensatory amounts fixed
                                                                     in advance that are adjusted by this Regulation were
                                                                     fixed by Regulation (EEC) No 938 /77 (6), as last
Whereas refunds fixed in advance for the section in
                                                                     amended by Regulation ( EEC) No 1 058/78 (7) ;
question were adjusted by Commission Regulation
(EEC) No 1052/78 of 19 May 1978 (5) ; whereas this
adjustment corresponded to the increase in interven­                 Whereas difficulties may arise in connection with the
tion prices ; whereas for this reason the monetary                   calculation of the amount to be granted and the adjust­
compensatory amounts fixed in advance must be                        ment to be made under this Regulation ; whereas it
correspondingly adjusted ; whereas under Article 3 of                should therefore be specified that :
Regulation (EEC) No 1516/78 this adjustment is made
on the basis of the price and representative rate valid              — refunds fixed in advance in units of account are
at the moment when the customs export formalities
were completed ;                                                          increased by the amount fixed by Regulation
                                                                          (EEC) No 1052/78 ;
                                                                     — the resulting amount is multiplied by the mon­
Whereas the percentage increases for the intervention                     etary coefficient and converted into national
prices for butter and skimmed-milk powder are not                         currency at the representative rate, coefficient and
identical ; whereas for the sake of simplification the                     rate being those fixed in advance along with the
                                                                          fixing in advance of the monetary compensatory
(') OJ   No    L 106, 12. 5. 1971 , p. 1 .                                amount ;
(2) OJ   No    L 67, 15. 3. 1976, p. 1 .
(3) OJ   No    L 37, 7. 2. 1978, p. 5.
(4) OJ   No    L 178, 1 . 7. 1978, p. 65.                            (6) OJ No L 110 , 30 . 4. 1977, p. 6.
(5) OJ   No    L 134, 22. 5. 1978, p. 31 .                           ( 7) OJ No L 134, 22. 5 . 1978 , p. 49 .
 ---pagebreak--- 1 . 7 . 78                        Official Journal of the European Communities                          No L- 179 / 29
— the amount thus obtained is as appropriate                  2. The preceding paragraph shall not however
     reduced or increased by the amount of the mon­           apply to exportations for which the customs formali­
     etary compensatory amount and multiplied by the          ties were completed before, 1 July 1978 :
     adjustment coefficient given in the Ahnex to this
     Regulation ;                                             — in the Federal Republic of Germany,
Whereas the measures provided for in this Regulation          — in Member States where the currency has depreci­
are in accordance with the opinion of the Manage­                 ated if for the operator in question the coefficient
ment Committee for Milk and Milk Products,                        given in Annex IV to Regulation ( EEC) No 938/77
                                                                  has already been applied to the monetary compen­
                                                                  satory amount fixed in advance and the interested
HAS ADOPTED THIS REGULATION :                                     party requests that the present provision be
                                                                  applied .
                        Article 1
                                                              3 . When paragraph 1 applies the coefficients given
1.      In the case of milk products exported to third        in Annex IV to Regulation (EEC) No 938 /77 shall not
countries    for which  the  customs   formalities were
                                                              be applied .
completed before 22 May 1978 , the monetary compen­
satory amounts given in Annex I to Regulation (EEC)
No 938 /77 shall , when they have been fixed in
                                                                                      Article 2
advance before 22 May 1978 , be multiplied by the
corresponding coefficients given in the Annex to this
Regulation .                                                  This Regulation shall enter into force on 1 July 1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 30 June 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
 ---pagebreak--- No L 179 /30                              Official Journal of the European Communities                                                       1 . 7 . 78
                                                                        ANNEX
           Adjustments under the second indent of Article 7 (2) of Regulation ( EEC) No 243/78 to
                   monetary compensatory amounts for milk and milk products fixed in advance
                  Member States            Monetary compensatory amount fixed in           Coefficients applicable to the products referred
                                                          the period                              to below (see corresponding notes)
                                                                                              (a)                 (b)                (c)
           Germany (')                          3 April to 21 May 1978                   0-976897            0-974320           0-975609
           France                                   3 to 9 April 1978                    0-822875            0-820704           0-821789
                                                  10 to 23 April 1978                    0-790960            0-788873           0-789917
                                               24 April to 14 May 1978                   0-780839            0-778779           0-779809
                                                   15 to 21 May 1978                     0-763462            0-761448           0-762455
           Ireland                                  3 to 9 April 1978                    0-062945            0-062779           0-062862
                                               10 April to 21 May 1978                   0-395760            0-394716           0-395238
           Italy                                3 April to 21 May 1978                   0-724231            0-722321           0-723276
           United Kingdom                           3 to 9 April 1978                    0-783670            0-781603           0-782637
                                               10 April to 21 May 1978                   0-810273            0-808135           0-809204
           Benelux                              3 April to 21 May 1978                    1-020653            1-017962          1-019308
           (') In the case of exports for which the customs formalities have been completed in the Federal Republic of Germany before 1 July
               1978 the coefficients given in Annex IV to Regulation ( EEC) No 938/77 continue to apply .
           (a) These coefficients apply to monetary compensatory amounts fixed in advance for products falling
                 within heading No 04.03 of the Common Customs Tariff.
           (b) These coefficients apply, subject to note (d), to monetary compensatory amounts fixed in advance
                 for products falling within the following tariff subheadings :
                 04.02 A II a) 1 ,
                 04.02 A lib) 1 ,
                 04.02 B I b) 1 aa),
                 04.02 B I b) 2 aa),
                 23.07 B I a) 3,
                 23.07 B I a) 4,
                 23.07 B II .
           (c) These coefficients apply, subject to note (d), to monetary compensatory amounts fixed in advance
                 for products other than those specified in notes (a) and (b).
           (d) The coefficients do not apply to :
                 — products falling within subheading 04.02 A II exported under Regulation (EEC) No 2054/76 ;
                 — products falling within subheading 23.07 B containing skimmed-milk powder sold under
                     Regulation (EEC) No 2054/76.