COMMISSION REGULATION (EEC) No 2126/82 of 30 July 1982 adjusting monetary compensatory amounts fixed in advance in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Member States (1), as last amended by Regulation (EEC) No 3605/81 (2), and in particular Article 6 thereof,
Whereas under Article 7 (2) of Commission Regulation (EEC) No 1160/82 of 14 May 1982 providing for the advance fixing of monetary compensatory amounts (3) and Article 2 (1) of Commission Regulation (EEC) No 1516/78 of 30 June 1978 on adjustments to monetary compensatory amounts fixed in advance and repealing Regulation (EEC) No 651/78 (4), an adjustment of the monetary compensatory amounts applicable to cereals is made corresponding to the adjustments made to refunds and levies fixed in advance following a change in the price level in ECU;
Whereas levies and refunds on cereals fixed in advance must be adjusted, in accordance with Articles 15 (2) and 16 (4) of Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (5), as last amended by Regulation (EEC) No 1451/82 (6), in line with the threshold price applying during the month of importation or exportation ; whereas, however, by Article 2 (2) of Regulation (EEC) No 1516/78, the application of monthly increases is not considered for the purposes of adjustment of compensatory amounts, as an adjustment of levies and refunds fixed in advance;
Whereas the last subparagraph of Article 16 (4) of Regulation (EEC) No 2727/75 provides for an adjustment to refunds fixed in advance for malt to be exported during the first two months of the new marketing year ; whereas this adjustment is made only on the basis of the monthly increases ; whereas, as a result, no adjustment can be made under Article 7 (2) of Regulation (EEC) No 1160/82 to monetary compensatory amounts fixed in advance for exports of malt falling within subheadings 11.07 A II a), 11.07 A II b) and 11.07 B made during August and September 1982;
Whereas, under Article 3 (1) of Regulation (EEC) No 1516/78, the adjustment provided for in the said Article 7 (2) must be made on the basis of the price used to calculate the monetary compensatory amount and the representative rate that are valid at the time of completion of the customs import or export formalities;
Whereas the monetary compensatory amounts applicable for products falling within subheadings 23.07 B I a) 2, 23.07 B I b) 2 and 23.07 B I c) 2 include a cereals component and a milk component ; whereas the prices for milk products for the 1982/83 marketing year apply with effect from 20 May 1982;
Whereas, in the case of Greece, the adjustment of the monetary compensatory amounts fixed in advance results in amounts to be charged on importation and granted on exportation;
Whereas Article 3 (2) of Regulation (EEC) No 1516/78 specifies that the adjustment under Article 7 (1) of Regulation (EEC) No 1160/82 shall be altered when there is an adjustment under Article 7 (2) of that Regulation;
Whereas the monetary compensatory amounts fixed in advance which are adjusted by this Regulation were fixed by Regulation (EEC) No 2901/81 (7), as last amended by Regulation (EEC) No 998/82 (8), and by Regulation (EEC) No 1071/82 (9), as last amended by Regulation (EEC) No 1148/82 (10), and by Regulation (EEC) No 1235/82 (11), as last amended by Regulation (EEC) No 2006/82 (12);  (1) OJ No L 106, 12.5.1971, p. 1. (2) OJ No L 362, 17.12.1981, p. 1. (3) OJ No L 134, 15.5.1982, p. 22. (4) OJ No L 178, 1.7.1978, p. 63. (5) OJ No L 281, 1.11.1975, p. 1. (6) OJ No L 164, 14.6.1982, p. 1. (7) OJ No L 288, 8.10.1981, p. 1. (8) OJ No L 121, 3.5.1982, p. 1. (9) OJ No L 124, 6.5.1982, p. 1. (10) OJ No L 135, 17.5.1982, p. 1. (11) OJ No L 142, 20.5.1982, p. 1. (12) OJ No L 217, 26.7.1982, p. 1.
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
1. Monetary compensatory amounts referred to in Annex I to Regulation (EEC) No 2901/81, in Annex I to Regulation (EEC) No 1071/82 and in Annex I to Regulation (EEC) No 1235/82 which have been fixed in advance before 1 August 1982 for cereal products being imported from or exported to non-member countries and for which the customs formalities have been completed on or after 1 August 1982 shall be multiplied by the corresponding coefficients listed in the Annex hereto.
For Greece, the monetary compensatory amounts multiplied by the coefficients are to be charged on importation and granted on exportation.
2. Where paragraph 1 applies, the coefficients listed in Annexes IV and IV bis to Regulation (EEC) No 1071/82 and in Annex IV to Regulation (EEC) No 1235/82 shall not be applied.
This Regulation shall enter into force on 1 August 1982.
This Regulation shall be binding in its entirety and directly applicable in all Member States.