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,
1.    Neither advance fixing nor the  certificates or other documents which are evidence of that advance fixing may be cancelled under  Article 6(3) of Regulation (EEC) No 1676/85 if:(a)  for certificates or other documents certifying  advance fixing: these documents are applied for within the meaning of Article 14  (1) of Commission  Regulation (EEC) No 3183/80  (2),(b)for the amounts established following a tender award: a tender  mentioning these amounts has been validly lodged,(c)for a contract concluded with an intervention  agency: the contract was concluded,on or after the date of public announcement of a decision on the  alteration of the relevant agricultural conversion rate.In the case of (b), the last day of the  period allowed for lodging tenders shall, for the purposes of this Article, be deemed to be the day  of the lodging of the application for the relevant certificate. 2.    The publication of a press  release by the body responsible for the alteration of the relevant agricultural conversion rate  shall be deemed to be a public announcement. The date of publication of the press release in  question shall be published by the Commission in the Official Journal of the European Communities.A  date different from that announced in the press release may be fixed in accordance with the  procedure laid down in Article 12 of Regulation (EEC) No 1676/85.
1.    This Article  shall apply where adjustments are made in accordance with Article 6 and Article 8  (2) of  Regulation (EEC) No 1676/85. 2.    No adjustment under Article 6 of Regulation (EEC) No 1676/85  shall be made where the monetary compensatory amount has been fixed in advance. 3.    For the  amounts applicable in trade, the disadvantage conferring entitlement to cancellation of the  certificate or other document certifying advance fixing shall be determined by comparing all the  following amounts, where appropriate, valid before and after the entry into force of the new  conversion rate:(a)  import charges, except customs duties, fixed in advance, and, where  appropriate, adjusted following a modification of prices in ECU,(b)export refunds and levies fixed  in advance, and, where appropriate, adjusted following a modification of prices in ECU,(c)subsidies  fixed in advance for deliveries to the French overseas department of RĂŠunion of rice coming under  heading No 10.06 of the Common Customs Tariff,(d)accession compensatory amounts,(e)monetary  compensatory amounts. 4.    The comparison shall be made in the currency of the Member State in  which the certificate or other document was issued.For the purposes of the comparison, no account  shall be taken of any change in:(a)  the purchase or sale price of the relevant product given in  the contracts of the parties concerned, because of a change in a conversion rate,(b)the monetary  compensatory amount, following a change only in the central rates or only in the recorded spot  rates of national currencies. 5.    For other amounts, including those given in a contract  concluded with an intervention agency, the disadvantage conferring entitlement to cancellation  shall be determined by comparing, in the currency of the Member State in which the competent  intervention agency is situated, the amount given in the relevant document or in the contract  before and after alteration of the agricultural conversion rate.
At the request of the  Member States the Commission shall supply the information necessary for calculating the  disadvantage.
Where the agricultural conversion rate is altered during the course  of a wine growing year, the new rate shall not apply to the following operations, where the  decisions to carry out these operations have been taken before the entry into force of the new  rate:(a)  the re-storage aid referred to in Article 10 of Council Regulation (EEC) No 337/79   (1);(b)the measures referred to in Articles 11, 12a, 14, 14a, 15, 39, 40 and 41 of Regulation (EEC)  No 337/79.
Regulation (EEC) No 1054/78 is hereby repealed.
This Regulation  shall enter into force on 1 January 1986.
This Regulation shall be binding in its  entirety and directly applicable in all Member States.