CELEX: 31971R1013
Language: en
Date: 1971-05-17 00:00:00
Title: Regulation (EEC) No 1013/71 of the Commission of 17 May 1971 laying down detailed rules of application for 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

52                                      Official Journal of the European Communities
No LI 10/8                              Official Journal of the European Communities                                     18.5.71
                                  REGULATION (EEC) No 1013/71 OF THE COMMISSION
                                                        of 17 May 1971
               laying down detailed rules of application for Regulation (EEC) No 974/71 on certain meas­
               ures of conjunctural policy to be taken in agriculture following the temporary widening of the
                               margins of fluctuation for the currencies of certain Member States
THE COMMISSION OF THE EUROPEAN COMMUNI­                              should, as far as possible, be taken into account; whereas
TIES,                                                                to this end compensatory amounts should not be levied
                                                                     on goods imported under such contracts where compen­
Having regard to the Treaty establishing the European                satory amounts might have economic consequences
Economic Community ;                                                 other than those which would have existed had monetary
                                                                     measures not been taken ; whereas it is ' however' essential
Having regard to Regulation (EEC) No 974/7 1 1 of 12                 to limit this exemption to contracts which can be proved
May 1971 on certain measures of conjunctural policy to               to have been concluded before 10 May 197 1 ;
be taken in agriculture following the temporary widening
of the margins of fluctuation for the currencies of certain          Whereas the measures provided for in this Regulation
Member States, and in particular Article 6 thereof;                  are in accordance with the Opinions of the Management
                                                                     Committees for Fruit and Vegetables, Wine, Oils and
Whereas Article 1 of Regulation (EEC) No 974/71 au­                  Fats, Cereals, Pigmeat, Poultrymeat and Eggs, Sugar,
thorized Germany and the Netherlands to levy compen­                 Milk and Milk Products, Beef and Veal , Products Pro­
satory amounts on imports from Member States and                     cessed from Fruit and Vegetables , Tobacco, Flax and
third countries and. grant compensatory amounts on                   Hemp, and Fishery Products,
exports to Member States and third countries ;
Whereas , for the purpose of applying Article 2(1) of that
Regulation, it is necessary to specify the period during
                                                                     HAS ADOPTED THIS REGULATION :
which the spot market rates which will ultimately be
averaged for the purpose of calculating compensatory                                          A rticle 1
amounts should be recorded ; whereas this period must
be sufficiently representative to show trends in rates and           1. The period referred to in the second indent of Article
yet allow those rates to be reflected as quickly as possi­           2(1) of Regulation (EEC) No 974/71 shall run from a
ble when compensatory amounts are being fixed ; wher­                Thursday to the following Wednesday.
eas a period of seven days should therefore be selected,
                                                                     2 . However :
fixed by reference to technical administrative require­
ments ; whereas , however, exceptions must be made for               (a) the spot market rates used to fix the compensatory
the first amounts fixed ;                                                 amounts applicable from 12 May 1971 shall be
                                                                          those recorded during the period 11 to 13 May 1971 ;
Whereas the most representative spot market rates
should be used for the purpose of calculation ;
                                                                     (b) the reference period for the first of any changes in the
                                                                          compensatory amounts shall be 12 to 18 May 1971 .
Whereas , since compensatory amounts vary with Mem­
ber State, origin and destination, it is essential to es­                                     Article 2
tablish what compensatory amount has been applied to a               The following spot market rates against the US dollar
specific product ; whereas, to this end, special entries             shall be used for the purpose of fixing compensatory
should be made on Community transit documents ;                      amounts :
Whereas, when provisions on the application of compen­               (a) for the guilder : the average official rate fixed each
satory amounts are being implemented, potential reper­                    working day during official dealings on the Amster­
cussions on contracts concluded before 10 May 1971                        dam foreign exchange market;
                                                                     (b) for the 'German mark : the average official rate fixed
                                                                          each working day during official dealings on the
   OJ NoL 106 , 12.5.1971 , p.l .                                         Frankfurt foreign exchange market.
 ---pagebreak---                                        Official Journal of the European Communities                                            53
                          Article 3                                 accordance with Article 2 (3) of Regulation (EEC) No
1 . Where, in intra-Community trade, a product for                  974/7 1 , on production of one of the documents referred
which a compensatory amount is fixed is dispatched                  to in paragraph 1 in which the following entry has been
                                                                    made :
from a Member State making use of the authorization
referred to in Article 1(1) of Regulation (EEC) No 974/                  'Article 2 ( 3) of Regulation (EEC) No 974/71 applied.'
71 , and where Article 2 (3) of that Regulation is applied,
the following shall be entered in section 32 of internal                                        Article 4
Community transit document T2 or T2L as appropriate :
                                                                     1 . The Member States referred to in Article 1 of Regula­
                                                                    tion (EEC) No 974/ 71 shall not apply the compensatory
    'Article 2 (3) of Regulation 974/71 applied.'                   amounts referred to in that Article to imports effected
                                                                     under contracts :
Where Article 2(3) of Regulation (EEC) No 974/ 71 is                (a) concluded before 10 May 1971 , and
not applied and a T2L document is issued, section 32 of
that document shall be struck through .                             (b) registered before 12 May 1971 with the authorities of
                                                                          that Member State; or
The customs office in which dispatch formalities are                      which can be proved by official documents to have
completed shall satisfy itself that the provisions of this                 been concluded.
paragraph are respected. -
                                                                     2. However, paragraph 1 shall apply only to the extent
 2. Where products for which a^compensatory amount is                necessary to allow the contract to be executed under the
 fixed come from a Member State making use of the au­                conditions which would have existed had the monetary
thorization referred to in Article 1(1) of Regulation                measures referred to in Article 1 of Regulation (EEC)
(EEC) No 974/71 and are redispatched from a Member                   No 974/71 not been taken.
 State which does not invoke the provisions of Article
                                                                                                Articles
 1 ( 1), the entry in section 32 of the original document
 shall be reproduced in section 32 of internal Community             1 . This Regulation shall enter into force on the day of its
 transit document T2 or T2L as appropriate. If no entry is          publication in the Official Journal of the European
 made in section 32, that section shall be struck through.          Communities.
3 . Member States which make use of the authorization               2. It shall take effect from 12 May 1971 , with the excep­
referred to in Article 1(1) of Regulation (EEC) No 974/             tion af Article 3 which shall not take effect until the third
 71 shall charge the reduced compensatory amount in                 day after this Regulation enters into force.
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels, 17 May 1971 .
                                                                                              For the Commission
                                                                                                  The President
                                                                                              Franco M. MALFATTI