CELEX: 31985R1676
Language: en
Date: 1985-06-11 00:00:00
Title: Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy

Avis juridique important



|



31985R1676

Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy  

Official Journal L 164 , 24/06/1985 P. 0001 - 0005 Spanish special edition: Chapter 03 Volume 35 P. 0146  Portuguese special edition Chapter 03 Volume 35 P. 0146 




COUNCIL REGULATION (EEC) N° 1676/85of 11 June 1985on the value of the unit of account and  the conversion rates to be applied for the purposes of the common agricultural policy THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the  European Economic Community, and in particular Article 43 thereof,Having regard to the proposal  from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard  to the opinion of the Economic and Social Committee (3),Having regard to the opinion of the Court  of Auditors,Having regard to the opinion of the Monetary Committee,Whereas Council Regulation (EEC)  N° 3180/78 of 18 December 1978 changing the value of the unit of account used by the European  Monetary Cooperation Fund (4), as last amended by Regulation (EEC) N° 2626/84 (5), and Council  Regulation (EEC) N° 3181/78 of 18 December 1978 relating to the European Monetary System (6),  introduced the ECU; whereas this unit of account is defined as the value of the sum of specified  amounts of the currencies of the Member States;Whereas Council Regulation (EEC) N° 652/79 of 29  March 1979 on the impact of the European Monetary System on the common agricultural policy (7), as  last amended by Regulation (EEC) N° 3657/84 (8), brought the ECU into use in the common  agricultural policy;Whereas a coherent set of provisions governing the agrimonetary field should be  established; whereas the existing rules are no longer in line with practical circumstances and  requirements; whereas accordingly:— Council Regulation N° 129 on the value of the unit of account and  the exchange rates to be applied for the purposes of the common agricultural policy, as last amended by Regulation (EEC) N° 2543/73 (;*),—Council Regulation (EEC) N° 653/68 of 30  May 1968 on conditions for alterations to the value of the unit af account used for the common  agricultural policy (;;), and—Council Regulation (EEC) N° 1134/68 of 30 July 1968 laying down rules  for the implementation of Regulation (EEC) N° 653/68 on conditions for alterations to the value of  the unit of account used for the common agricultural policy (;$),should be repealed and replaced by  provisions which take account both of the existence of the ECU and of changes dictated by  experience;Whereas provisions are required governing the exchange rates between the ECU and the  national currencies to be used in connection with the common agricultural policy; whereas for data  relating to the world market, the market rate, or, where appropriate, the central rate for the ECU  can normally be taken as basis; whereas, on the other hand, for Community data, reference should  normally be made to the central rates in the European Monetary System or to the special  agricultural conversion rates in order to ensure the maintenance of given price levels in the  national currencies; whereas, in this connection, it is none the less necessary to establish a  system harmonizing with the method of calculation of the monetary compensatory amounts and to take  account of the correcting factor affecting, where appropriate, the central rates;Whereas the method  of fixing the agricultural conversion rates and the consequences thereof should be determined in  general terms, having due regard to the impact of these rates on the levels, when expressed in  national currencies, of the prices and other amounts fixed under the common agricultural policy and  on the levels of the monetary compensatory amounts;Whereas changes, within the European Monetary  System, in the central rates of the Member States' currencies and in the correcting factor applied,  where appropriate, to them for the calculation of the monetary compensatory amounts will have an impact on the relationship  between the national currencies and the ECU; whereas, accordingly, there will be inter alia a  change in the relationship between the ECU and the rates agreed for the calculation of world market  data; whereas there is therefore a need to provide for the possibility of prompt alteration of the  factors on which the system of trade with non-member countries in agricultural products is  based;Whereas special rules should be laid down for dealing with exceptional situations arising  either within the Community or on the world market and requiring immediate action to ensure that  the schemes established under the common agricultural policy operate effectively;Whereas this  Regulation does not affect the validity of Council Regulation (EEC) N° 129/78 of 24 January 1978  concerning the exchange rates to be applied in the framework of the common policy for agricultural  structures (1),HAS ADOPTED THIS REGULATION:TITLE IConversion ratesArticle 11.   The unit af account used in the legal instruments relating to the common agricultural policy shall  be the ECU as defined by Regulation (EEC) N° 3180/78.2.  For the purposes of this Regulation 'legal  instruments relating to the common agricultural policy' shall mean:(a) legal instruments based  directly or indirectly on Article 43 of the Treaty, with the exception of the Common Customs Tariff  and other legal instruments of customs legislation applicable to both agricultural products and  industrial products;(b) legal instruments applicable to goods processed from agricultural products  and subject to specific trade arrangements.3.  The Council, acting by a qualified majority on a  proposal from the Commission, may decide that amounts given in the Common Customs Tariff relating  to agricultural products or to goods referred to in paragraph 2 (b) shall be converted into  national currencies at the agricultural conversion rates.Article 21.  In legal instruments  relating to the common agricultural policy, the agricultural conversion rates shall apply for the  conversion: (a) into ECU of amounts expressed in the national currency of a Member State;(b) into the national  currency of a Member State of amounts expressed in ECU;(c) into the national currency of a Member  State of amounts expressed in the national currency of another Member State.2.  The agricultural  conversion rate for a currency shall normally be the central rate fixed for that currency vis-à-vis  the ECU. However, a different agricultural conversion rate may be fixed.For as long as a correcting  factor is applicable for the calculation of the monetary compensatory amounts under Article 6 (2)  of Council Regulation (EEC) N° 1677/85 of 11 June 1985 on monetary compensatory amounts in  agriculture (2), the central rates referred to in the first subparagraph shall be the central rates  multiplied by the correcting factor.3.  The agricultural conversion rates shall be fixed by the  Council, acting by a qualified majority on a proposal from the Commission.4.  Derogation may be  made from the agricultural conversion rate in accordance with the procedure laid down in Article 10  (2), to permit the use of conversion rates corresponding more closely to actual economic  circumstances, if this proves necessary, with a view to the comparability of certain data,  particularly in the context of invitations to tender.Article 31.  Notwithstanding Article 2, the  conversion(a) into ECU— of amounts expressed in the national currency of a Member State relating to  world market data,—  of amounts expressed in the national currency of a non-member country,(b) into the national currency  of a non-member country of amounts expressed in ECU,shall be effected, in legal instruments  relating to the common agricultural policy:—for the currencies of the Member States which maintain  their currencies as between themselves within a spread at any given time of a maximum of 2,25 %, by  reference to the central rate,—for the other currencies, on the basis of an average of the rates  obtained from the relationship between the average spot market rates for the currency concerned in  relation to each of the currencies of the Member States referred to in the first indent, as  recorded over a period to be determined, and the central rate or each of these currencies.However,  for as long as a correcting factor is applicable for the calculation of the monetary compensatory  amounts under Article 6 (2) of Regulation (EEC) N° 1677/85, the conversion rates referred to in the  first subparagraph shall be established by reference not to the central rates but to the central  rates multiplied by the correcting factor.2.  Derogation may be made from paragraph 1, in  accordance with the procedure laid down in Article 10 (2), in the event of major currency  fluctuations, in order to ensure closer alignment to actual economic circumstances.TITLE  IIAdjustment of amountsArticle 4Alterations of agricultural conversion rates shall apply to all  amounts in respect of which the operative event occurs after the alteration has taken effect. In  such case, the amounts referred to in Articles 6 and 7 shall be adjusted by reference to the  agricultural conversion rate applicable when the operative event for the relevant operation  occurs.Article 51.  'Operative event' shall mean:(a) as regards the amounts charged or granted in  trade, the completion of customs import or export formalities;(b) as regards the amounts indicated in  contracts, the conclusion of the contract;(c) in all other cases, the event whereby the economic  objective of the operation is attained.2.  However, an operative event other than those referred to  in paragraph 1 may be taken if the time at which the economic objective is attained:(a) cannot be  established, or(b) for reasons peculiar to the relevant sector or amount, cannot be taken into consideration.3.   Operative events shall be determined in accordance with the procedure laid down in Article 12  without prejudice to the specific provisions already adopted under that procedure. Article 61.  In accordance with Article 4, amounts shall be adjusted if they satisfy the  following conditions:(a) they are expressed in national currency in documents, certificates or  licences drawn up in application of legal instruments relating to the common agricultural  policy;(b) they are either:— fixed in ECU in the instruments referred to in (a),or— established following a tendering procedure opened under such instruments and fixing a maximum  or minimum amount in ECU;(c) they have been fixed in advance or, in cases where conclusion of a  contract would not be considered the operative event, they appear in a contract concluded with an  intervention agency.2.  The adjustments referred to in this Article shall be made by Member States.  They shall relate to any operation, or part of an operation, in respect of which the operative  event has not yet occurred.3.  Where the adjustment leads to a disadvantage to the detriment of an  interested party qualifying for advanced fixing, he may, upon written application, obtain the  cancellation of the advance fixing and of the certificate or document certifying it.The application  must reach the competent authority within 30 days of the entry into force of the adjustments.It may  be decided prior to the date on which the change in the agricultural conversion rate takes effect  that the disadvantage is to be offset by an appropriate measure. In such case, the cancellation referred to in the first subparagraph may not be granted.4.  For the  purposes of this Regulation, a disadvantage shall be held to occur when, as a result of applying  the new agricultural conversion rate, the amounts applicable to the operation concerned are such  that:—the net amount to be charged is higher, or—the net amount to be granted is lowerthan it would have been had the said rate not entered into  force.Article 71.  In accordance with Article 4, amounts shall be adjusted if they satisfy the  following conditions:(a) they have been fixed in ECU in a Community instrument; (b) they are expressed in national currency in contracts concluded between private parties and  compliance with these amounts, in the contracts in question, is compulsory under Community  provisions.2.  The adjustment shall relate to the contracts referred to in paragraph 1 in so far as  is necessary for compliance with Community provisions.Article 81.  Where the correcting factor  referred to for the calculation of the monetary compensatory amounts is changed and where measures  adopted under the European Monetary System or by a non-member country entail an abrupt and  appreciable change in the rates of conversion between the ECU and the currencies concerned:(a) the  following amounts:— import duties, except customs duties,— export duties,— export refunds,— sluice-gate prices,— aids fixed on the basis of world market data,— import subsidies, shall, as necessary, be calculated and fixed anew promptly by the Commission in accordance with the  methods applicable in each case, using the new conversion rate;(b) the amounts listed under (a) may  also be adjusted, in accordance with the normal procedure, before the date specified for their  periodic review wherever market changes so require.2.  Where paragraph 1 (a) is applied, those  amounts referred to therein which:— have been fixed in advance and— remained, for an operation or part  of an operation, to be realized after the change in the conversion rate,shall be calculated and  fixed anew, as necessary, by the Commission, in accordance with the said paragraph.In such cases,  Article 6 (3) and (4) shall apply.Article 91.  Where one or more agricultural conversion rates  are revalued, the amounts fixed in ECU and not connected with the fixing of prices may be increased  in accordance with the procedure laid down in Article 12. 2.  As regards the amounts which Member States determine within maximum and minimum limits, the  increase shall apply to the maximum and minimum amounts.As concerns the maximum limit, the increase  may not exceed the amount necessary to avoid any reduction in national currency of the amounts  actually applied in the Member State in which revaluation has the greatest effect on these  amounts.As concerns the minimum limit, paragraph 3 shall apply.3.  With regard to the amounts  referred to in paragraph 1 other than those referred to in paragraph 2, the increase may not exceed  the amount necessary to avoid a reduction in national currency of the amounts in question in the  Member State whose currency has undergone the greatest revaluation.TITLE IIIGeneral  provisionsArticle 101.  Where monetary practices of an exceptional nature are likely to  jeopardize the implementation of the legal instruments relating to the common agricultural policy,  the Council, acting in accordance with the procedure laid down in Article 43 of the Treaty, may  adopt any appropriate measures, where necessary by way of derogation from existing legal  instruments relating to the common agricultural policy.If it is not possible to consult the  European Parliament because of the urgency of the measures to be adopted, such measures may be  adopted by the Council, acting by a qualified majority on a proposal from the Commission. The  measures thus adopted shall be provisional and shall not become permanent until adopted in  accordance with the procedure laid down in the first subparagraph.2.  Where monetary practices of  an exceptional nature are likely to jeopardize the implementation of the instruments or provisions  referred to in Article 1, the Council, acting by a qualified majority on a proposal from the  Commission, or the Commission, acting within its powers under such legal instruments or provisions  for each individual case, may make derogations from this Regulation, in particular in the following  cases:(a) when a country uses abnormal currency exchange techniques such as multiple exchange rates  or operates a barter agreement;(b) in the case of countries whose currencies are not quoted on  official foreign exchange markets.Article 111.  The Monetary Committee shall be consulted on the  fixing of the agricultural conversion rates and all measures adopted under Article 10. 2..  In emergencies, the matter shall be referred to the Monetary Committee, even if the Committee  cannot be consulted before a decision is taken. In such cases, the measures provided for in the  decision shall apply provisionally and shall become final only when the Committee has given an  opinion. Where the Committee's opinion is negative, the competent institution shall adopt final  measures; the provisional measures shall remain applicable until the entry into force of this new  decision.Article 121.  Detailed rules for the application of this Regulation shall be adopted in  accordance with the procedure laid down:(a) in Article 26 of Council Regulation (EEC) N° 2727/75 of  29 October 1975 on the common organization of the market in cereals (1), as last amended by  Regulation (EEC) N° 1018/84 (2); or(b) in the corresponding Articles of the other Regulations on the common organizations of  agricultural markets; or(c) in Article 18 of Directive 72/159/EEC (3), as last amended by Directive 82/436/EEC (4); or(d) in the corresponding Articles of other Community provisions establishing similar procedures. 2.  To the extent and for the period strictly necessary in order to take account of this  Regulation, these detailed rules may derogate from the rules for fixing the agricultural conversion  rates.Article 13The amounts fixed in units of account (UA) for the application of the common  agricultural policy or the special exchange arrangements for goods resulting from the processing of  agricultural products shall be expressed in ECU with the aid of a coefficient of 1,208953.Article  14Regulation N° 129 and Regulations (EEC) N° 653/68, (EEC) N° 1134/68 and (EEC) N° 652/79 are  hereby repealed.Article 151.  This Regulation shall enter into force on the third day following  its publication in the Official Journal of the European Communities.It shall apply from 1 January  1986.2.  Article 1 (1) shall be valid until 31 March 1987. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Luxembourg, 11 June 1985. For the CouncilThe PresidentF. M. PANDOLFI(1) OJ N° C 21, 23. 1. 1985,  p. 10. (2) OJ N° C 97, 21. 4. 1980, p. 44. (3) OJ N° C 182, 21. 7. 1980, p. 41. (4) OJ N° L 379, 30. 12. 1978, p. 1. (5) OJ N° L 247, 16. 9. 1984, p. 1. (6) OJ N° L 379, 30. 12. 1978, p. 2. (7) OJ N° L 84, 4. 4. 1979, p. 1. (8) OJ N° L 340, 28. 12. 1984, p. 9. (9) OJ N° 106, 30. 10. 1962, p. 2553/62. (10) OJ N° L 263, 19. 9. 1973, p. 1. (11) OJ N° L 123, 31. 5. 1968, p. 4. (12) OJ N° L 188, 1. 8. 1968, p. 1. (1) OJ N° L 20, 25. 1. 1978, p. 16. (2) See page 6 of this Official Journal. (1) OJ N° L 281, 1. 11. 1975, p. 1. (2) OJ N° L 107, 19. 4. 1984, p. 1. (3) OJ N° L 96, 23. 4. 1972, p. 1. (4) OJ N° L 193, 3. 7. 1982, p. 37.