Avis juridique important

Regulation (EEC) No 1356/73 of the Council of 15 May 1973 amending Regulation (EEC) No 1569/72 laying down special measures for colza and rape seed Official Journal L 141 , 28/05/1973 P. 0028 - 0029 Finnish special edition: Chapter 3 Volume 5 P. 0146 Greek special edition: Chapter 03 Volume 9 P. 0187 Swedish special edition: Chapter 3 Volume 5 P. 0146

+++++ ( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 . ( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 . ( 3 ) OJ NO L 167 , 25 . 7 . 1972 , P . 9 . ( 4 ) OJ NO L 51 , 24 . 2 . 1973 , P . 3 . REGULATION ( EEC ) NO 1356/73 OF THE COUNCIL OF 15 MAY 1973 AMENDING REGULATION ( EEC ) NO 1569/72 LAYING DOWN SPECIAL MEASURES FOR COLZA AND RAPE SEED THE COUNCIL OF THE EUROPEAN COMMUNITIES , EED HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ; HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 136/66/EEC ( 1 ) OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS , AS LAST AMENDED BY THE ACT ( 2 ) CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , AND IN PARTICULAR ARTICLE 36 THEREOF ; HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ; WHEREAS COUNCIL REGULATION ( EEC ) NO 1569/72 ( 3 ) OF 20 JULY 1972 LAYING DOWN SPECIAL MEASURES FOR COLZA AND RAPE SEED , AMENDED BY REGULATION ( EEC ) NO 527/73 ( 4 ) , HAS INTRODUCED A SYSTEM OF DIFFERENTIAL AMOUNTS TO BE LEVIED OR GRANTED IN RESPECT OF COLZA OR RAPE SEED WHICH ARE PROCESSED OR EXPORTED TO THIRD COUNTRIES ; WHEREAS IT IS DESIRABLE TO REMOVE THE RESTRICTION ON THE PERIOD OF VALIDITY FOR THE SYSTEM OF DIFFERENTIAL AMOUNTS ; WHEREAS IT WAS AGREED ON 11 MARCH 1973 TO MAINTAIN A MAXIMUM VARIATION OF 2.25 % , AT ANY GIVEN MOMENT IN THE SPOT MARKET RATE FOR THE CURRENCIES OF CERTAIN MEMBER STATES , AND THE SAID SYSTEM OF DIFFERENTIAL AMOUNTS MAY ACCORDINGLY BE SIMPLIFIED ; WHEREAS IT SHOULD BE A PRINCIPLE OF THE NEW SYSTEM , WHEN CALCULATING DIFFERENTIAL AMOUNTS FOR THE CURRENCIES OF MEMBER STATES THAT THEY MAINTAIN AMONG THEMSELVES WITHIN A MAXIMUM SPREAD OF 2.25 % TO TAKE INTO CONSIDERATION THE VARIATION BETWEEN THE CONVERSION RATE APPLIED UNDER THE COMMON AGRICULTURAL POLICY AND THE CENTRAL RATE ; WHEREAS IN THE CASE OF THE OTHER CURRENCIES THE BASIC SHOULD BE THEIR RELATION TO THE AFOREMENTIONED CURRENCIES ; WHEREAS IT APPEARS POSSIBLE TO CORRECT THE SIZE OF DIFFERENTIAL AMOUNTS CURRENTLY APPLIED BY ITALY ; WHEREAS THE APPLICATION OF A CORRECTIVE HAVING THE EFFECT OF AN INCREASE IN THE INTERVENTION PRICE APPEARS TO BE A SUITABLE MEASURE FOR EFFECTING THIS CORRECTION ; WHEREAS REGULATION ( EEC ) NO 1569/72 SHOULD BE AMENDED TO THAT EFFET ; HAS ADOPTED THIS REGULATION : ARTICLE 1 IN ARTICLE 1 OF REGULATION ( EEC ) NO 1569/72 , THE EXPRESSION " DURING THE 1972/73 MARKETING YEAR " SHALL BE DELETED . ARTICLE 2 ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 1569/72 SHALL BE REPLACED BY THE FOLLOWING : " 1 . THE DIFFERENTIAL AMOUNTS SHALL BE DETERMINED TAKING INTO ACCOUNT THE INCIDENCE ON THE PRICES : ( A ) IN RESPECT OF THOSE MEMBER STATES THE CURRENCIES OF WHICH ARE MAINTAINED AMONG THEMSELVES WITHIN A SPREAD AT ANY GIVEN MOMENT OF 2.25 % , THE PERCENTAGE DIFFERENCE BETWEEN : - THE CONVERSION RATE USED UNDER THE COMMON AGRICULTURAL POLICY , AND - THE CONVERSION RATES RESULTING FROM THE CENTRAL RATE ; ( B ) IN RESPECT OF MEMBER STATES OTHER THAN THOSE REFERRED TO IN ( A ) , THE AVERAGE OF THE PERCENTAGE DIFFERENCES BETWEEN : - THE RELATIONSHIP BETWEEN THE CONVERSION RATE USED UNDER THE COMMON AGRICULTURAL POLICY FOR THE CURRENCY OF THE MEMBER STATE CONCERNED AND THE OFFICIAL PARITY , OR , WHERE THIS PARITY IS NOT OBSERVED , THE CENTRAL RATE OF EACH OF THE CURRENCIES OF THE MEMBER STATES REFERRED TO IN ( A ) , AND - THE SPOT MARKET RATE FOR THE CURRENCY OF THE MEMBER STATE IN QUESTION IN RELATION TO EACH OF THE CURRENCIES OF THE MEMBER STATES REFERRED TO IN ( A ) , AS RECORDED OVER A PERIOD TO BE DETERMINED . " ARTICLE 3 THE FOLLOWING ARTICLE SHALL BE INSERTED IN REGULATION ( EEC ) NO 1569/72 : " ARTICLE 5A " 1 . THE INTERVENTION PRICES VALID FOR THE 1973/74 MARKETING YEAR FOR PRODUCTS REFERRED TO IN ARTICLE 1 SHALL BE INCREASED IN ITALY BY A CORRECTIVE EQUAL TO 1 % OF THE PRICES CONCERNED . 2 . THE CORRECTIVE REFERRED TO IN PARAGRAPH 1 SHALL , INSOFAR AS IS NECESSARY , BE REFLECTED IN THE AMOUNTS WHICH ITALY MUST PAY FOLLOWING OTHER INTERVENTIONS ON THE INTERNAL MARKET . 3 . THE DIFFERENTIAL AMOUNTS APPLICABLE IN ITALY SHALL BE CORRECTED BY THE AMOUNT RESULTING FROM APPLICATION OF PARAGRAPH 1 . " ARTICLE 4 THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL BE APPLICABLE AS FROM THE DATE OF ENTRY INTO FORCE OF THE RULES NECESSARY FOR ITS IMPLEMENTATION , LAID DOWN IN ACCORDANCE WITH ARTICLE 7 OF REGULATION ( EEC ) NO 1569/72 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 15 MAY 1973 . FOR THE COUNCIL THE PRESIDENT A . LAVENS

+++++

( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .

( 3 ) OJ NO L 167 , 25 . 7 . 1972 , P . 9 .

( 4 ) OJ NO L 51 , 24 . 2 . 1973 , P . 3 .

REGULATION ( EEC ) NO 1356/73 OF THE COUNCIL OF 15 MAY 1973 AMENDING REGULATION ( EEC ) NO 1569/72 LAYING DOWN SPECIAL MEASURES FOR COLZA AND RAPE SEED

THE COUNCIL OF THE EUROPEAN COMMUNITIES , EED

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 136/66/EEC ( 1 ) OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS , AS LAST AMENDED BY THE ACT ( 2 ) CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , AND IN PARTICULAR ARTICLE 36 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS COUNCIL REGULATION ( EEC ) NO 1569/72 ( 3 ) OF 20 JULY 1972 LAYING DOWN SPECIAL MEASURES FOR COLZA AND RAPE SEED , AMENDED BY REGULATION ( EEC ) NO 527/73 ( 4 ) , HAS INTRODUCED A SYSTEM OF DIFFERENTIAL AMOUNTS TO BE LEVIED OR GRANTED IN RESPECT OF COLZA OR RAPE SEED WHICH ARE PROCESSED OR EXPORTED TO THIRD COUNTRIES ;

WHEREAS IT IS DESIRABLE TO REMOVE THE RESTRICTION ON THE PERIOD OF VALIDITY FOR THE SYSTEM OF DIFFERENTIAL AMOUNTS ;

WHEREAS IT WAS AGREED ON 11 MARCH 1973 TO MAINTAIN A MAXIMUM VARIATION OF 2.25 % , AT ANY GIVEN MOMENT IN THE SPOT MARKET RATE FOR THE CURRENCIES OF CERTAIN MEMBER STATES , AND THE SAID SYSTEM OF DIFFERENTIAL AMOUNTS MAY ACCORDINGLY BE SIMPLIFIED ;

WHEREAS IT SHOULD BE A PRINCIPLE OF THE NEW SYSTEM , WHEN CALCULATING DIFFERENTIAL AMOUNTS FOR THE CURRENCIES OF MEMBER STATES THAT THEY MAINTAIN AMONG THEMSELVES WITHIN A MAXIMUM SPREAD OF 2.25 % TO TAKE INTO CONSIDERATION THE VARIATION BETWEEN THE CONVERSION RATE APPLIED UNDER THE COMMON AGRICULTURAL POLICY AND THE CENTRAL RATE ; WHEREAS IN THE CASE OF THE OTHER CURRENCIES THE BASIC SHOULD BE THEIR RELATION TO THE AFOREMENTIONED CURRENCIES ;

WHEREAS IT APPEARS POSSIBLE TO CORRECT THE SIZE OF DIFFERENTIAL AMOUNTS CURRENTLY APPLIED BY ITALY ; WHEREAS THE APPLICATION OF A CORRECTIVE HAVING THE EFFECT OF AN INCREASE IN THE INTERVENTION PRICE APPEARS TO BE A SUITABLE MEASURE FOR EFFECTING THIS CORRECTION ; WHEREAS REGULATION ( EEC ) NO 1569/72 SHOULD BE AMENDED TO THAT EFFET ;

HAS ADOPTED THIS REGULATION :

IN ARTICLE 1 OF REGULATION ( EEC ) NO 1569/72 , THE EXPRESSION " DURING THE 1972/73 MARKETING YEAR " SHALL BE DELETED .

ARTICLE 2

ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 1569/72 SHALL BE REPLACED BY THE FOLLOWING :

" 1 . THE DIFFERENTIAL AMOUNTS SHALL BE DETERMINED TAKING INTO ACCOUNT THE INCIDENCE ON THE PRICES :

( A ) IN RESPECT OF THOSE MEMBER STATES THE CURRENCIES OF WHICH ARE MAINTAINED AMONG THEMSELVES WITHIN A SPREAD AT ANY GIVEN MOMENT OF 2.25 % , THE PERCENTAGE DIFFERENCE BETWEEN :

- THE CONVERSION RATE USED UNDER THE COMMON AGRICULTURAL POLICY , AND

- THE CONVERSION RATES RESULTING FROM THE CENTRAL RATE ;

( B ) IN RESPECT OF MEMBER STATES OTHER THAN THOSE REFERRED TO IN ( A ) , THE AVERAGE OF THE PERCENTAGE DIFFERENCES BETWEEN :

- THE RELATIONSHIP BETWEEN THE CONVERSION RATE USED UNDER THE COMMON AGRICULTURAL POLICY FOR THE CURRENCY OF THE MEMBER STATE CONCERNED AND THE OFFICIAL PARITY , OR , WHERE THIS PARITY IS NOT OBSERVED , THE CENTRAL RATE OF EACH OF THE CURRENCIES OF THE MEMBER STATES REFERRED TO IN ( A ) , AND

- THE SPOT MARKET RATE FOR THE CURRENCY OF THE MEMBER STATE IN QUESTION IN RELATION TO EACH OF THE CURRENCIES OF THE MEMBER STATES REFERRED TO IN ( A ) , AS RECORDED OVER A PERIOD TO BE DETERMINED . "

ARTICLE 3

THE FOLLOWING ARTICLE SHALL BE INSERTED IN REGULATION ( EEC ) NO 1569/72 :

" ARTICLE 5A "

1 . THE INTERVENTION PRICES VALID FOR THE 1973/74 MARKETING YEAR FOR PRODUCTS REFERRED TO IN ARTICLE 1 SHALL BE INCREASED IN ITALY BY A CORRECTIVE EQUAL TO 1 % OF THE PRICES CONCERNED .

2 . THE CORRECTIVE REFERRED TO IN PARAGRAPH 1 SHALL , INSOFAR AS IS NECESSARY , BE REFLECTED IN THE AMOUNTS WHICH ITALY MUST PAY FOLLOWING OTHER INTERVENTIONS ON THE INTERNAL MARKET .

3 . THE DIFFERENTIAL AMOUNTS APPLICABLE IN ITALY SHALL BE CORRECTED BY THE AMOUNT RESULTING FROM APPLICATION OF PARAGRAPH 1 . "

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL BE APPLICABLE AS FROM THE DATE OF ENTRY INTO FORCE OF THE RULES NECESSARY FOR ITS IMPLEMENTATION , LAID DOWN IN ACCORDANCE WITH ARTICLE 7 OF REGULATION ( EEC ) NO 1569/72 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 15 MAY 1973 .

FOR THE COUNCIL

THE PRESIDENT

A . LAVENS