Commission Regulation (EEC) No 1509/78 of 30 June 1978 amending Regulations (EEC) No 937/77 and (EEC) No 1054/78 laying down detailed rules for the application of Regulation (EEC) No 878/77 on the exchange rates to be applied in agriculture

COMMISSION REGULATION (EEC) No 1509/78  of 30 June 1978  amending Regulations (EEC) No 937/77 and (EEC) No 1054/78 laying down detailed rules for the application of Regulation (EEC) No 878/77 on the exchange rates to be applied in agriculture
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 878/77 of 26 April 1977 on the exchange rate to be applied in agriculture (1), as last amended by Regulation (EEC) No 976/78 (2), and in particular Article 5 thereof,
Whereas the said Regulation brought into 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 the unit of account used for the common agricultural policy (3) ; whereas Article 4 of that Regulation provides that any person who has obtained advance fixing for a specific transaction may on application obtain cancellation of the advance fixing and of the relevant document or certificate ; whereas, however, Article 4 (2) of Regulation (EEC) No 878/77 provides that the second subparagraph of Article 4 (1) of Regulation (EEC) No 1134/68 applies only if the application of the new representative rates is disadvantageous;
Whereas the circumstances constituting disadvantageous application of the new representative rates were defined in Article 1 of 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 (4), as last amended by Regulation (EEC) No 475/78 (5), and in Article 1 of 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 (6);
Whereas it should be more clearly stated that cancellation of the advance fixing and of the relevant document or certificate may be requested only if    - in the case in question there would be a material disadvantage as a result of the alteration in the representative rate of the currency concerned, and
- in the case of simultaneous alteration of the representative rate and of the price level in units of account, the disadvantage resulting from the alteration in the representative rate outweighs any advantage afforded by the alteration in the price level;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant management committees,