Commission Regulation (EEC) No 3152/85 of 11 November 1985 laying down detailed rules for the application of Regulation (EEC) No 1676/85 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy

COMMISSION  REGULATION (EEG) No 3152/85 of 11 November 1985 laying down detailed rules for the application of  Regulation (EEC) No 1676/85 on the value of the unit of account and the conversion rates to be  applied for the purposes of the common agricultural policy
THE COMMISSION OF THE  EUROPEANCOMMUNITIES
, Having regard to the Treaty establishing the European Economic Community,  Having regard to 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   (1), and in particular Article 12 thereof, Having regard to Council Regulation (EEC) No 1677/85 of  11 June 1985 on monetary compensatory amounts in agriculture  (2), and in particular Article 12  thereof, Whereas Regulation (EEC) No 1676/85 provides for the cancellation of certain documents or  certificates should those concerned suffer a disadvantage following adjustments to amounts fixed in  advance; made following an alteration of the agricultural conversion rates in accordance with  Article 6 or Article 8 of Regulation (EEC) No 1676/85; Whereas those concerned may be considered as  having accepted the disadvantage in cases where they undertook commitments at a time when the  alteration of the agricultural conversion rate was known, concerning an operation to be effected  after that alteration; whereas cancellation is not justified in such cases; whereas a rule must be  provided to show from what date the alteration may be considered to have been known; Whereas in  other cases the disadvantage allows cancellation of the document certifying the advance fixing of  an amount; whereas to assess the existence of a disadvantage, the situation before and after the  adjustment must be compared; whereas, for this purpose, some of the factors concerning the relevant  operation must be taken into consideration; Whereas, however, only those consequences of exchange  rate alterations referred to in Article 6 or Article 8 of Regulation (EEC) No 1676/85 may be taken  into account; whereas under normal circumstances alterations to the central rate or normal changes  in the market rate of a Member State's currency have an impact on the monetary compensatory amounts  which should not be taken into account; whereas, similarly, an alteration in the contract price is  an irrelevant factor, since it is entirely a matter for the individual concerned; Whereas, on the  other hand, other measures adopted under the Community agricultural regulations may influence the  situation of those concerned; whereas this is the case, in particular, for a decision concerning  prices fixed in ECU at Community level; whereas a change in the level of prices fixed in ECU  affects either import or export charges and refunds, through the adjustments to be made in ECU  under the market organization rules for the various products, or monetary compensatory amounts  which have not been fixed in advance; whereas account should be taken of this when the disadvantage  is being determined, so that in this way it can in certain cases be partly or wholly offset;  Whereas no adjustment related to a change in the agricultural conversion rate can be made for  import or export charges or refunds fixed in advance at the same time as the monetary compensatory  amounts; whereas the fixing in advance of these sums also entails the 'freezing' of the  agricultural conversion rate and of the monetary coefficient applying to these charges and refunds  which were valid when the sum was fixed in advance; whereas, consequently, there can be no  disadvantage for the import or export charges and refunds fixed in advance, since these undergo no  change following a change in the agricultural conversion rate; Whereas the adjustments to be made  under Article 8 of Regulation (EEC) No 1676/85 may normally be made subject to the same rules;  whereas, however, there is no reason to implement the exception concerning the      advance fixing  of monetary compensatory amounts, as the adjustments in ECU made under Article 8 of Regulation  (EEC) No 1676/85 also affect the import charges and refunds fixed in advance together with the  monetary compensatory amounts; Whereas, as regards the wine sector, certain exceptions in respect  of the entry into force of the agricultural conversion rates must be made so as to ensure that  intervention measures are carried out for all participants on the same terms; Whereas this  Regulation supersedes Commission Regulation (EEC) No 1054/78 of 19 May 1978 laying down detailed  rules for the application of Regulation (EEC) No 878/77 on the exchange rates to be applied in  agriculture and replacing Regulation (EEC) No 937/77  (1); Whereas the measures provided for in  this Regulation are in accordance with the opinions of the relevant management committees,