CELEX: 31972R2746
Language: en
Date: 1972-12-19 00:00:00
Title: Regulation (EEC) No 2746/72 of the Council of 19 December 1972 amending Regulation (EEC) No 974/71 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 States

64                               Official Journal of the European Communities
No L 291/148       ^             Official Journal of the European Communities                        28.12.72
                       REGULATION (EEC) No 2746/72 OF THE COUNCIL
                                              of 19 December 1972
           amending Regulation (EEC) No 974/71 on certain measures of conjunctural
           policy to be taken in agricultural following the temporary widening of the
           margins of fluctuation for the currencies of certain Member States
THE COUNCIL OF THE EUROPEAN COMMUNI­                       of that Decision; whereas other compensatory
TIES,                                                      amounts should be taken into account within
                                                           the system of financing the common agri­
Having regard to the Treaty establishing the               cultural policy;
European Economic Community, and in partic­
ular Articles 28 , 43 , 103 and 235 thereof;
Having regard to the proposal from the Com­                HAS ADOPTED THIS REGULATION :
mission;
Having regard to the Opinion of the European                                     Article 1
Parliament;
Whereas Council Regulation (EEC) No 974/711                Regulation (EEC) No 974/71 shall be amended
of 12 May 1971 on certain measures of con­                 as follows :
junctural policy to be taken in agriculture                1 . The following shall be substituted for the
following the temporary widening of the                        first citation :
margins of fluctuation for the currencies of
certain Member States , introduced for the                     'Having regard to the Treaty establishing
Member States allowing the exchange rate of                    the European Economic Community, and
their currency to fluctuate by a margin wider                  in particular Articles 28, 43 and 235
than the one permitted by international rules ,                thereof.'
a system of compensatory amounts based                     2 . The following shall be substituted for
upon the difference between the parties in                     Article 1 ( 1 ):
force in the Member States concerned and the
                                                               '1 .    If in commercial transactions a Mem­
arithmetic mean of the spot market rates of
that currency against the US Dollar;                           ber State allows the exchange rate of its
                                                               currency to fluctuate by a margin wider
Whereas pending the official revaluation of the                than the one permitted by the international
currencies of certain Member States, compen­                   rules in force on 12 May, 1971 , it shall:
satory amounts should be brought within the                    (a) charge on imports from other Member
common agricultural policy;                                         States and third countries ,
Whereas compensatory amounts charged in                        (b) grant on exports to other Member
trade with non-Member States under Regula­                          States and third countries
tion (EEC) No 974/71 constitute agricultural
levies within the meaning of Article 2 (a) of the              compensatory amounts for the products
Decision of 21 April 19702 on the replacement                  referred to below in paragraph 2 under the
                                                               conditions laid down hereinafter.'
of financial contributions from Member States
by the Communities own resources or, for                   3 . The following shall be substituted for the
goods subject to special trade arrangements,                   second subparagraph of Article 1 (2):
these compensatory amounts constitute customs                  '1 .    Paragraph 1 shall not apply where
duties within the meaning of Article 2 (b)
                                                               application of the monetary measures
                                                               referred to in that paragraph would lead to
1  OJ No L 106, 12.5.1971 , p . 1 .                            disturbances     in   trade   in   agricultural
2 OJ No L 94, 28.4.1970, p. 19.                                products .'
 ---pagebreak---                              Official Journal of the European Communities                          65
                     Article 2                             common agricultural policy, the compen­
                                                           satory amounts charged or granted in
                                                           trade with Member States shall be treated
The following shall be substituted for Article 7           as part of the expenditure on intervention
of Regulation (EEC) No 974/71 :                            intended to stabilise the agricultural mar­
                                                           kets .
   '1 .   With effect from 1 July 1972, for                3.     Where necessary, detailed rules for
   the purposes of the financing of the com­               the application of this Article may be
   mon agricultural policy, the compensatory               adopted according to the procedure laid
   amounts granted in trade with third coun­               down in Article 13 of Regulation (EEC)
   tries shall be treated as part of the expen­            No 729/70 . 1 '
   diture on refunds granted on exports to
   third countries .
                                                                             Article 3
   2.    With effect from 1 January 1973 ,
   for the purposes of the financing of the             This Regulation shall apply from 1 July 1972.
           This Regulation shall be binding in its entirety and directly applicable in all
           Member States .
           Done at Brussels , 19 December 1972 .
                                                                       For the Council
                                                                         The President
                                                                       T. WESTERTERP
                                                       1  OJ No L 94, 28.4.1970, p. 13 .