COMMISSION REGULATION (EC)  No 1482/95 of 28 June 1995 determining as a transitional measure the conversion rates to be applied  under the Common Customs Tariff to agricultural products and certain products obtained from the  processing thereof
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agricultural sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations  (1), and in particular  Article 3 (1) thereof,
Whereas the amounts fixed in ecus by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the  tariff and statistical nomenclature and on the Common Customs Tariff  (2), a last amended by  Commission Regulation (EC) No 3115/94  (3), are to be converted into national currency at the rate  determined in accordance with Article 18 of Council Regulation (EEC) No 2913/92 of 12 October 1992  establishing the Community Customs Code  (4), as last amended by the Act of Accession of Austria,  Finland and Sweden;
Whereas Article 1 of Regulation (EEC) No 2913/92 provides that Article 18 of that Regulation is to  apply without prejudice to special rules laid down in other fields; whereas, pursuant to Council  Regulation (EEC) No 1167/76 of 17 May 1976 amending Annex IV to Regulation (EEC) No 816/70 laying  down additional provisions for the common organization of the market in wine and the Common Customs  Tariff as regards the exchange rate applicable to customs duties on certain wines  (5), the  agricultural conversion rate is to apply to wine other than sparkling wine covered by CN codes 2204   21  11 to 2204  21  99 and 2204  29  12 to 2204  29  99;
Whereas, pursuant to the Agreement concluded during the Uruguay Round of multilateral trade  negotiations, most import duties are to be expressed in ecus as from 1  July 1995 in the case of  agricultural products and products resulting from the processing thereof; whereas, to prevent  deflection of trade, duties expressed in ecus must be converted into national currencies using  conversion rates updated more frequently than those referred to in Article 18 of Regulation (EEC)  No 2913/92;
Whereas the Commission intends proposing, to that end, an amendment to Article 18 of Regulation  (EEC) No 2913/92 so as to introduce as from 1 July 1996 a monthly rate together with a safeguard  mechanism; whereas, to facilitate the switchover to the arrangements resulting from the agreements  concluded during the Uruguay Round of multilateral trade negotiations, provision should be made for  the application to agricultural product groups as from 1 July 1995 of the provisions it is proposed  to apply generally from 1 July 1996;
Whereas, as a result, there exists for a transitional period a system of agricultural amounts  levied on imports based on two different conversion rates according to whether the amounts in  question are fixed directly in ecus in the Common Customs Tariff or not;
Whereas the measures provided for in this Regulation are in accordance with the opinions of the  Management Committees concerned,
1.  Notwithstanding Article 18 of Regulation (EEC) No 2913/92 and  Regulation (EEC) No 1167/76, paragraph 2 shall apply until 30 June 1996 in respect of products  covered by the Combined Nomenclature codes listed in the Annex.
2.  The value of the ecu in national currencies to be used for the purposes of determining the  tariff classification of goods and customs duties shall be fixed once a month. The rates applying  for such conversion shall be those published in the Official Journal of the European Communities, C  series, by virtue of the second-to-last quotation day of the month. The rates shall apply during  the whole month thereafter.
However, where the rate applicable at the beginning of the month differs by more than 5  % from the  rate published by virtue of the second-to-last quotation day preceding the 15th day of that month,  the latter rate shall apply from the 15th day to the end of the month in question.
For the purposes of this Regulation a quotation day is understood to be any day in respect of which  the Commission determines a rate for the ecu, with the exception of 31 December.
This Regulation shall enter into force on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.