CELEX: 31977R0937
Language: en
Date: 1977-04-29 00:00:00
Title: Commission Regulation (EEC) No 937/77 of 29 April 1977 laying down detailed rules for the application of Council Regulation (EEC) No 878/77 on the exchange rates to be applied in agriculture

30 . 4. 77                              Official Journal of the European Communities                            No L 110/ 1
                                                                  I
                                                (Acts whose publication is obligatory)
                                         COMMISSION REGULATION (EEC) No 937/77
                                                          of 29 April 1977
                laying down detailed rules for the application of Council Regulation (EEC) No 878/77
                                          on the exchange rates to be applied in agriculture
  THE COMMISSION OF THE EUROPEAN                                       been affected by those rates ; whereas, however, a
  COMMUNITIES,                                                         cancellation can be justified only if the alteration
                                                                       affecting the amount fixed in advance was not
  Having regard to the Treaty establishing the                         foreseeable ; whereas the right to cancel advance
  European Economic Community,                                         fixing should therefore be limited to those
                                                                       applications which were submitted before the
                                                                        alteration of the relevant amount was foreseeable ;
  Having regard to Council Regulation (EEC) No
  878/77 of 26 April 1977 on the exchange rates to be
  applied in agriculture (*), and in particular Article 5             Whereas the second subparagraph of Article 4 (2) of
  thereof,                                                             Regulation (EEC) No 878/77 provides that the
                                                                       disadvantage may be compensated for an appropriate
                                                                       measure and that in such case the provisions of the
  Whereas the said Regulation has brought into                        first subparagraph do not apply ;
 operation the provisions of Council Regulation
 (EEC) No 1134/68 of 30 July 1968 laying down rules
 for the implementation of Regulation (EEC ) No
 653 /68 on conditions for alterations to the value of                Whereas in the sugar sector any large-scale
 the unit of account used for the common agriculturai                 cancellation of export licences issued following
 policy ( 2); whereas Article 4 thereof provides that any             partial invitations to tender pursuant to Commission
 person who has obtained advance fixing for a                         Regulation ( EEC) No 2101 /75 of 11 August 1975 on
 specific transaction may on application obtain                       a standing invitation to tender in order to determine a
 cancellation of the advance fixing and of the relevant               levy and/or refund on exports of white sugar (3), as last
 document or certificate ; whereas however Article 4                  amended by Regulation (EEC ) No 2924/76 ( 4), could
 (2) of Regulation (EEC ) No 878/77 provides that the                be seriously prejudicial to Community management
second subparagraph of Article 4 ( 1 ) of Regulation                  of this sector; whereas, to prevent this happening, it
(EEC) No 1134/68 applies only if the application of                  is necessary to withhold the right to cancel while at
the new representative rates is disadvantageous for                   the same time providing appropriate compensation
 the party concerned ; whereas, therefore, the criteria              for this disadvantage, and also to lay down the con­
for deciding whether the rates are disadvantageous                    ditions for granting such compensation ;
should be laid down taking into account all the
factors that could justify such a cancellation ;
                                                                     Whereas the prices to be paid in connection with
                                                                      certain distillation operations are fixed for the
Whereas the new conversion rates will apply only                     wine-growing year ; whereas the wine-growing year
from the dates specified in Articles 2 and 3 of                      does not coincide with the period of application of
Regulation       ( EEC)     No        878/77 ;   whereas   the       the prices fixed for wine ; whereas it is, however,
cancellations in question should be permitted only                   advisable to ensure that the former prices are not
when the amounts fixed in advance have actually                      subject to changes ; whereas use should therefore be
  H OJ No L 106, 29 . 4. 1977, p. 27.                                  (3 ) OJ No L 214, 12 . 8 . 1975, p . 5 .
(2) OJ No L 188 , 1 . 8 . 1968 , p . 1 .                               (4 ) OJ No L 333 , 2 . 12. 1976, p . 17.
 ---pagebreak--- No L 110/2                            Official Journal of the European Communities                                30 . 4. 77
made of the power provided for in Article 2 (2 )                 3 . The provisions of the last subparagraph of Ar­
( d) of Regulation (EEC) No 878/77;                                   ticle 4 ( 1 ) of Regulation (EEC) No 1134/68 shall
                                                                      apply to the products and Member States con­
                                                                      cerned with effect from the dates given in Articles 2
Whereas for the sake of clarity it is desirable to fix                (2 ) and 3 of Regulation (EEC ) No 878/77.
the dates on which the new representative rates are to
take effect in the fruit and vegetables sector;
                                                                 4. The said provisions shall apply only to advance
                                                                      fixing documents or certificates issued within the
Whereas Regulation (EEC) No 878/77 provides that                      meaning of Article 9 ( 1 ) of Commission
there may be an increase of 2 % in those amounts                      Regulation (EEC) No 193/75 of 17 January 1975
fixed in units of account which are not linked to the                 laying down common detailed rules for the
price fixings ;                                                       application of the system of import and export
                                                                      licences and advance fixing certificates for
                                                                      agricultural products ( 1 ), as last amended by
Whereas the measures provided for in this Regulation                  Regulation (EEC ) No 773/77 (2), before the
are in accordance with the opinions of the relevant                   following dates :
management committees and of the Standing
Committee on Agricultural Structure,                                  — 29 March 1977 as regards the French franc,
                                                                           the Italian lira and the Irish pound ;
                                                                      — 6 April 1977 as regards the Danish krone ;
HAS ADOPTED THIS REGULATION :
                                                                      — 26 April 1977 as regards the other currencies.
                           Article 1                                                         Article 2
For purposes of implementation of Article 4 of                    1 . The compensation referred to in the second
Regulation (EEC ) No 878/77 the following provisions             subparagraph of Article 5 (2) of Regulation (EEC )
shall apply :                                                    No 878/77 shall be granted for white sugar in respect
                                                                 of which the customs export formalities are
                                                                 completed on or after 1 July 1977 in pursuance of
 1 . With respect to products for which a monetary               partial invitations to tender under Regulation (EEC)
     compensatory amount is fixed, cancellation of the           No 2101 /75 and for which an export licence was
     advance fixing and of the relevant document or              issued before 26 April 1977.
     certificate, as provided for in the last subparagraph
     of Article 4 ( 1 ) of Regulation (EEC) No 1134/68 ,         This compensation shall be fixed for the Member
     may be requested only :                                     State concerned as shown in Annex I hereto.
     — in the case of import licences issued in France,
         Ireland, Italy or the United Kingdom ;                  2. The right of cancellation provided for in the last
     — in the case of export licences issued in the              subparagraph of Article 4 ( 1 ) of Regulation (EEC)
         Federal Republic of Germany.                            No 1134/68 shall not apply in respect of the export
                                                                  licences referred to in paragraph 1 .
2. Transactions to which monetary compensatory
     amounts are not applicable shall be regarded as                                         Article 3
     disadvantageous for the purposes of Article 4 of
     Regulation (EEC) No 878/77 where, following the
     application of the new representative rate, the             As regards :
     alteration in terms of national currency in the sum         — the purchase price for wine delivered for
     total, or where appropriate the balance, of the                   distillation under Article 6 (b) ( 1 ) of Council
     amounts applicable to a particular transaction                    Regulation (EEC) No 816/70 of 28 April 1970
     results in :
                                                                        laying down additional provisions for the com­
     — the levying of a greater amount, or                              mon organization of the market in wine (3), as last
     — the granting of a lesser amount
                                                                  H OJ No L 25, 31 . 1 . 1975, p. 10.
     than that applicable before entry into force of the          (2) OJ No L 94, 16. 4. 1977, p. 5 .
     said rate.                                                   (3) OJ No L 99, 5 . 5 . 1970, p. 1 .
 ---pagebreak--- 30 . 4. 77                               Official Journal of the European Communities                          No L 110/3
      amended by Regulation (EEC ) No 528 /77 (*), and              — 1 June 1977 for pears, plums and lemons ;
      the relevant amounts of aid ;
                                                                    — 1 July 1977 for apples ;
— the purchase price to be paid by the intervention
      agencies under the arrangements for the                       — 1 October 1977 for oranges ;
      distillation of the products of wine-making, and
                                                                    — 1 November 1977 for mandarins including
      the proportion of the expenditure to be borne by
                                                                        tangerines, satsumas, Clementines, wilkings and
      the intervention agencies financed by the
      Guarantee Section of the EAGGF ;
                                                                        other similar hybrid citrus fruits.
— the purchase price for wine delivered for
      distillation under Article 24 ( b) ( 1 ) of Regulation                                 Article 5
      (EEC) No 816/70, and the relevant amount of
      aid;                                                          1.    The amounts listed in Annex II are altered as
                                                                    specified therein.
the representative rates laid down in Article 2 of
Regulation (EEC) No 878/77 shall apply with effect                  2.    As regards the amounts set out in Annex II,
from 1 September 1977.                                               Member States shall bring into force all measures
                                                                    necessary to comply with the provisions of paragraph
                                                                    1 within six months from the date of entry into force
                            Article 4                               of this Regulation.
In the fruit and vegetables sector, the representative              3.    The Annex to Commission Regulation (EEC)
rates laid down in Article 2 of Regulation (EEC) No                 No 571 /76 of 15 March 1976 laying down detailed
 878 /77 shall apply with effect from :                             rules for the application of Council Regulation (EEC)
                                                                    No 557/76 on the exchange rates to be applied in
— 1 April 1977 for cherries in France, Ireland and                  agriculture and repealing Regulation (EEC) No
      Italy;                                                        475/75 (2), as last amended by Regulation (EEC) No
                                                                    735/77 (3 ), is hereby repealed.
— 1 May 1977 for cherries in Germany and the
      United Kingdom ;
— 1 May 1977 for walnuts, hazelnuts, almonds,                                                Article 6
      cucumbers, tomatoes, cauliflowers, peaches and
      grapes ;                                                      This Regulation shall enter into force on 1 May 1977.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 29 April 1977.
                                                                                         For the Commission
                                                                                          Finn GUNDELACH
                                                                                             Vice-President
                                                                    H OJ No L 68, 15 . 3 . 1976, p. 1 .
i 1 ) OJ No L 69, 16 . 3 . 1977, p . 1 .                            (3) OJ No L 89, 7. 4 . 1977, p . 24.
 ---pagebreak--- No L 110/4                               Official Journal of the European Communities                                     30 . 4. 77
                                                               ANNEX I
                                    Member State                    Compensation granted per 100 kilograms of white sugar
           Federal Republic of Germany                                                   2-33 DM
                                                               ANNEX 11
                                                                  A
                  Amounts specified in the Council Directive of
                     17 April 1972 on the modernization of             Existing amount              To be replaced by
                             agricultural holdings (')
           Article 8 (2)                                                42 060 u.a .                   42 901 u.a .
                                                                         per MWU                       per MWU
           Article 9 ( 2 )                                              10 520 u.a .                   10 730 u.a .
                                                                        53 333 u.a .                   54 400 u.a .
                                                                      per investment                 per investment
           Article 10 and Article 1 of the Council                       47   u.a./ha                 48     u.a. /ha
           Directive of 15 May 1973 (2)                                  32   u.a. /ha                32-5   u.a./ha
                                                                         16   u.a./ha                 16-5   u.a. /ha
                                                                      4 700   u.a./farm             4 800   u.a. /farm
                                                                      3 200   u.a. /farm            3 250   u.a. / farm
                                                                      1 600   u.a. /farm            1 65 0  u.a. /farm
           Article 11 ( 1 )                                                 600 u.a .                     612 u.a .
           Article 12                                                    2 630 u.a .                    2 683 u.a .
                                                                         7 890 u.a .                    8 048 u.a .
           t1 ) OJ No L 96, 23 . 4 . 1972 , p . 1 .
           (!) OJ No L 153 , 9 . 6 . 1973 , p . 24 .
 ---pagebreak--- 30 . 4 . 77                            Official Journal of the European Communities                         No L 110/5
                                                                B
                  Amounts specified in the Council Directive of
                   28 April 1975 on mountain and hill farming        Existing amount      To be replaced by
                       and farming in less favoured areas
            Article 7 ( 1 )                                           16 u. a. / ABU       16-5 u.a ./ ABU
                                                                          or ha                or ha
            Article 7 ( 1 ) ( a )                                    52-5 u. a. / ABU      53-5 u. a. / ABU
                                                                     52-5 u.a./ha of      53-5 u.a. / ha of
                                                                   area under forage     area under forage
            Article 7 ( 1 ) ( b )                                     5 2-5 u.a. / ha       53-5 u.a. / ha
            Article 10 ( 2 )                                      10 520 u. a. /holding 10 730 u.a./holding