CELEX: 31971R1871
Language: en
Date: 1971-08-27 00:00:00
Title: Regulation (EEC) No 1871/71 of the Commission of 27 August 1971 amending Regulation (EEC) No 1013/71 as regards the detailed rules of application to be adopted in agriculture following the temporary widening of the margins of fluctuation for the currencies of Belgium and Luxembourg

58                                      Official Journal of the European Communities
30.8.71                                 Official Journal of the European Communities                       ■          No L 195/ 1
                                  REGULATION (EEC) No 1871/ 71 OF THE COMMISSION
                                                       of 27 August 1971
               amending Regulation (EEC) No 1013/71 as regards the detailed rules of application to be
               adppted in agriculture following the temporary widening of the margins of fluctuation for the
                                            currencies of Belgium and Luxembourg
THE COMMISSION OF THE EUROPEAN COMMUNI­                             menf made within the framework of the regional union
TIES ,                                                              between Belgium, Luxembourg and the Netherlands can­
                                                                    not operate properly unless the compensatory amounts
Having regard to the Treaty establishing the European
                                                                    applicable in these three Member States are identical;
Economic Community ;
                                                                    whereas an arrangement should therefore be made, pur­
                                                                    suant to Article 233 of the Treaty, whereby uniform
Having regard to Council Regulation (EEC) No 974/                   compensatory amounts could be fixed for these three
  71 1 of 12 May 1971 on certain measures of conjunctural           Member States .
policy to be taken in agriculture following the temporary
widening of the margins of fluctuation for the currencies
                                                                    Whereas, moreover, a number of technical amendments
of certain Member States , and in particular Article 6
                                                                    must be made to the customs provisions ;
thereof;           :                 :        ,
                                                                    Whereas the measures provided for in this Regulation
Whereas Belgium and Luxembourg have informed the
                                                                    are in accordance with the Opinion of the Management
Commission that they are, for a limited period, widening
                                                                    Committees for Fruit and Vegetables, Wine, Oils" and
the margins of fluctuation of the exchange rates for their
                                                                    Fats , Cereals , Pigmeat , Poultrymeat and Eggs , Sugar,
currencies in relation to their actual parities ; whereas the
                                                                    Milk . and Milk' Products, Beef and Veail, Products Pro­
provisions of Regulation (EEC) No 974/71 are therefore              cessed from Fruit and Vegetables, Tobacco, Flax and
applicable to these Member States ;
                                                                    Hefnp, and Fishery Products ,
Whereas Commission Regulation (EEC) No^ 1 0 1 3/7 1 2
of 17 May 1971 laying down detailed rules for the appli­
cation of Regulation (EEC) No 974/ 7 1 on certain -meas­            HAS ADOPTED THIS REGULATION :
ures of conjunctural policy to be taken in agriculture fol­
 lowing the temporary widening of the margins of fluctua­                                      Article 1
tion for the currencies of certain Member States only : ,
                                                                    The following is substituted for Article 1(2) of Regula­
takes account of measures taken by Germany and the
                                                                    tion (EEC) No 1013/71 :
Netherlands ; whereas this Regulation must therefore be
supplemented by analogous provisions for Belgium and                   ' 2 . However :
 Luxembourg ;                                                          (a) For Germany and the Netherlands :
 Whereas the Belgo-Luxembourg Economic Union and                             - the spot market rates used to fix the compensa­
the Netherlands have agreed to maintain between their                          tory amounts applicable from 12 May 1971
 currencies the margins of fluctuation valid before 9 May                      shall be those recorded during the period 1 1 to
  1971 ; whereas , therefore, for these Member States the                       13 May 1971 ;
widening of the margins of fluctuation only affects trade                    - the reference period for the first of any changes
with other Member States and third countries , intra­                          in the compensatory amounts shall be 12 to 18
 BLEU trade and trade between BLEU and the Nether­                             May 1971 .
 lands being unaffected; whereas the Member States in
                                                                       (b) For Belgium and Luxembourg :
 question have for this reason declared their unwilling­
 ness to apply compensatory amounts in trade with each                       - the spot market rate used to fix the compensa­
 other; whereas , as far as trade is concerned, this arrange­                  tory amounts applicable from 24 August 1971
                                                                               shall be that recorded on 24 August 197 1 ;
                                                                             - the reference period for the first change in the
  1 OJ NoL 106 , 12.5 . 1971 , p.l .                                            compensatory amounts shall be 23 to 25
  2 OJ NoL 110, 18.5 . 1971 , p.8.                                              August 1971 .'
 ---pagebreak---                                            Official Journal of the European Communities                                           59
                             Article 2                                              propriate. This entry shall be authenticated by
The following subparagraph is added to Article 2 of                              ' the stamp of the customs office of departure.'
Regulation (EEC) No 101 3/7 1 :
                                                                        2. The following paragraph 4 is added to Article 3 of
     '(c) For the Belgian franc and the Luxembourg franc :              Regulation (EEC) No 1013/71 :
           the average official rate fixed each working day
           during official dealings on the Brussels foreign                 ' 4. For the purposes of applying this Article , BLEU
                                                                                  and the Netherlands shall be treated as a single
           exchange market.'
                                                                                  Member State.'
                             Articles
                                                                                                    A rticle 5
The following Article is added to Regulation (EEC) No
 1013/ 71 :                                                             Article 4(1 ) of Regulation (EEC) No 1013/71 is re­
                                                                       placed by the following :
      Article 2a
                                                                            ' 1 . The Member States referred to in Article . 1 of
      1 . For the purpose of calculating the compensatory                         Regulation (EEC) No 974/ 71 shall not apply the
          amounts applicable in BLEU and the Netherlands,                         compensatory amounts referred to in that Article
          the percentage referred to in Article 2(1 ) of Regu­                    to imports effected under contracts :
          lation (EEC) No 974/71 shall be established on
          the basis of the arithmetic mean of the difference                      (a) concluded before
          referred to in that paragraph for the Belgian franc                     - 10 May 1971 , for Germany and the Nether­
          and the same difference for the Dutch guilder dur­                         lands
          ing the period in question.
                                                                                  - 23 August 1971 , for Belgium and Luxembourg,
      2. Compensatory amounts shall not apply in intra­                              and
          BLEU trade or in trade between BLEU and the
                                                                                  (b) registered before
          Netherlands .'
                                                                                  - 12 May 1971 , for Germany and the Nether­
                                                                                     lands
                             A rticle 4
                                                                                  - 24 August 1971 , for Belgium and Luxembourg
 1 . The following paragraph 2a is added to Article 3 of
                                                                            with the authorities of the relevant Member States ; or
Regulation (EEC) No 1013/71 :
    ' 2a. Where Commission            Regulation (EEC) No                   which can be proved by official documents to have
                                                                             been concluded.
             304/7 1 1 of 11 February 1971 on simplification
            of the Community transit procedure for goods
                                                                                                    A rticle 6
            carried by rail applies to carriage of the products
            in question, the entry required under paragraphs            1 . This Regulation shall enter into force on the day of its
            1 and 2 above shall be made in the "Description          1  publication in the Official Journal of the European
            of goods" section of the International Consign­             Communities.
            ment Note (CIM) or on the International Ex­
            press Parcels Consignment Note (TT Ex) as ap­               2. It shall take effect as from 24 August 1971 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member States.
                  Done at Brussels, 27 August 1971 .
                                                                                                 For the Commission
                                                                                                     The President
                                                                                                 Franco M. MALFATTI
1 OJNoL35, 12.2.1971 , p.31 .