Avis juridique important

Commission Regulation (EEC) No 1544/78 of 4 July 1978 amending Regulation (EEC) No 243/78, in particular, as regards the adjustment of monetary compensatory amounts fixed in advance Official Journal L 182 , 05/07/1978 P. 0007 - 0008 Greek special edition: Chapter 03 Volume 21 P. 0239

**** ( 1 ) OJ NO L 106 , 12 . 5 . 1971 , P . 1 . ( 2 ) OJ NO L 67 , 15 . 3 . 1976 , P . 1 . ( 3 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 . ( 4 ) OJ NO L 156 , 14 . 6 . 1978 , P . 1 . ( 5 ) OJ NO L 37 , 7 . 2 . 1978 , P . 5 . ( 6 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 . ( 7 ) OJ NO L 116 , 28 . 4 . 1978 , P . 18 . ( 8 ) OJ NO L 133 , 22 . 5 . 1978 , P . 1 . ( 9 ) OJ NO L 180 , 3 . 7 . 1978 , P . 1 . COMMISSION REGULATION ( EEC ) NO 1544/78 OF 4 JULY 1978 AMENDING REGULATION ( EEC ) NO 243/78 , IN PARTICULAR , AS REGARDS THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE 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 557/76 ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1254/78 ( 4 ), AND IN PARTICULAR ARTICLES 12 ( 2 ), 15 ( 5 ) AND 16 ( 6 ) THEREOF , AND ALSO TO CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS , WHEREAS ARTICLE 7 OF REGULATION ( EEC ) NO 243/78 OF 1 FEBRUARY 1978 PROVIDING FOR THE ADVANCE FIXING OF MONETARY COMPENSATORY AMOUNTS ( 5 ), CONTAINS RULES ON THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE ; WHEREAS THE ADJUSTMENT MADE DEPENDS ON THE RATE FIXED IN ADVANCE ; WHEREAS IN THE SITUATION REFERRED TO IN ARTICLE 6 ( 2 ) OF REGULATION ( EEC ) NO 243/78 , THE RATE OF THE ADVANCE FIXING IS THAT APPLICABLE ON THE LAST DAY FOR THE SUBMISSION OF TENDERS ; WHEREAS IN OTHER CASES THE RATE IS THAT APPLICABLE ON THE DAY OF THE APPLICATION FOR ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT ; WHEREAS THE COMMUNITY RULES SHALL BE MADE MORE SPECIFIC IN THE CASE OF CERTIFICATES ISSUED IN CONNECTION WITH A TENDERING PROCEDURE ; WHEREAS ARTICLE 7 OF REGULATION ( EEC ) NO 243/78 DOES NOT COVER ALL THE SITUATIONS WHICH MAY ARISE AND SHOULD THEREFORE BE AMENDED ; WHEREAS THE OPPORTUNITY SHOULD BE TAKEN TO MAKE OTHER PROVISIONS OF REGULATION ( EEC ) NO 243/78 MORE SPECIFIC IN ORDER TO HARMONIZE IT WITH COMMISSION REGULATION ( EEC ) NO 193/75 OF 17 JANUARY 1975 , LAYING DOWN COMMON DETAILED RULES OF APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 858/78 ( 7 ); WHEREAS COMMISSION REGULATION ( EEC ) NO 1036/78 OF 19 MAY 1978 FIXING THE MONETARY COMPENSATORY AMOUNTS AND CERTAIN COEFFICIENTS AND RATES FOR THEIR APPLICATION ( 8 ), AS AMENDED BY REGULATION ( EEC ) NO 1534/78 ( 9 ), CONTAINS A NOTA BENE IN ANNEX IV ; WHEREAS THE WORDING OF THE NOTA BENE MUST BE AMENDED TO TAKE ACCOUNT OF THE ADDITION TO THE FIRST SUBPARAGRAPH OF ARTICLE 6 ( 2 ) OF REGULATION ( EEC ) NO 243/78 ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL RELEVANT MANAGEMENT COMMITTEES , HAS ADOPTED THIS REGULATION : ARTICLE 1 REGULATION ( EEC ) NO 243/78 IS HEREBY AMENDED AS FOLLOWS : 1 . ARTICLE 4 ( 2 ) SHALL READ : ' 2 . THE ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT SHALL BE VALID FOR SIX MONTHS FROM THE DATE ON WHICH THE APPLICATION FOR ADVANCE FIXING IS LODGED , THIS DATE BEING COUNTED IN THE PERIOD FOR WHICH THE ADVANCE FIXING WILL BE VALID . ' 2 . THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 7 ) SHALL READ : ' THE REPLACEMENT CERTIFICATE OR EXTRACT THEREOF SHALL BE VALID FOR SIX MONTHS FROM THE DATE ON WHICH THE APPLICATION FOR ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT IS LODGED , THIS DATE BEING COUNTED IN THE PERIOD FOR WHICH THE DOCUMENT WILL BE VALID . ' 3 . THE FOLLOWING SENTENCE IS ADDED TO THE FIRST PARAGRAPH OF ARTICLE 6 ( 2 ): ' FOR THE PURPOSE OF THE ADJUSTMENTS REFERRED TO IN ARTICLE 7 , THE APPLICATION FOR ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT SHALL BE CONSIDERED TO HAVE BEEN LODGED ON THE LAST DAY FOR THE SUBMISSION OF TENDERS . ' 4 . IN ARTICLE 7 ( 1 ) AND IN THE FIRST INDENT OF ARTICLE 7 ( 2 ), THE WORDS ' DURING THE PERIOD OF VALIDITY OF THE CERTIFICATE ' SHALL BE DELETED . ARTICLE 2 THE NOTA BENE IN ANNEX IV TO REGULATION ( EEC ) NO 1036/78 IS HEREBY AMENDED TO READ AS FOLLOWS : ' NB : SAVE AS OTHERWISE PROVIDED IN THE FIRST SUBPARAGRAPH OF ARTICLE 6 ( 2 ) OF REGULATION ( EEC ) NO 243/78 THIS ANNEX APPLIES ONLY TO CERTIFICATES FOR WHICH ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT WAS APPLIED FOR DURING THE PERIOD OF ITS VALIDITY . ' ARTICLE 3 THIS REGULATION SHALL ENTER INTO FORCE ON THE EIGHTH DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 4 JULY 1978 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

****

( 1 ) OJ NO L 106 , 12 . 5 . 1971 , P . 1 .

( 2 ) OJ NO L 67 , 15 . 3 . 1976 , P . 1 .

( 3 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 4 ) OJ NO L 156 , 14 . 6 . 1978 , P . 1 .

( 5 ) OJ NO L 37 , 7 . 2 . 1978 , P . 5 .

( 6 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .

( 7 ) OJ NO L 116 , 28 . 4 . 1978 , P . 18 .

( 8 ) OJ NO L 133 , 22 . 5 . 1978 , P . 1 .

( 9 ) OJ NO L 180 , 3 . 7 . 1978 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 1544/78

OF 4 JULY 1978

AMENDING REGULATION ( EEC ) NO 243/78 , IN PARTICULAR , AS REGARDS THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE

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 557/76 ( 2 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1254/78 ( 4 ), AND IN PARTICULAR ARTICLES 12 ( 2 ), 15 ( 5 ) AND 16 ( 6 ) THEREOF , AND ALSO TO CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS ,

WHEREAS ARTICLE 7 OF REGULATION ( EEC ) NO 243/78 OF 1 FEBRUARY 1978 PROVIDING FOR THE ADVANCE FIXING OF MONETARY COMPENSATORY AMOUNTS ( 5 ), CONTAINS RULES ON THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE ;

WHEREAS THE ADJUSTMENT MADE DEPENDS ON THE RATE FIXED IN ADVANCE ; WHEREAS IN THE SITUATION REFERRED TO IN ARTICLE 6 ( 2 ) OF REGULATION ( EEC ) NO 243/78 , THE RATE OF THE ADVANCE FIXING IS THAT APPLICABLE ON THE LAST DAY FOR THE SUBMISSION OF TENDERS ; WHEREAS IN OTHER CASES THE RATE IS THAT APPLICABLE ON THE DAY OF THE APPLICATION FOR ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT ; WHEREAS THE COMMUNITY RULES SHALL BE MADE MORE SPECIFIC IN THE CASE OF CERTIFICATES ISSUED IN CONNECTION WITH A TENDERING PROCEDURE ;

WHEREAS ARTICLE 7 OF REGULATION ( EEC ) NO 243/78 DOES NOT COVER ALL THE SITUATIONS WHICH MAY ARISE AND SHOULD THEREFORE BE AMENDED ;

WHEREAS THE OPPORTUNITY SHOULD BE TAKEN TO MAKE OTHER PROVISIONS OF REGULATION ( EEC ) NO 243/78 MORE SPECIFIC IN ORDER TO HARMONIZE IT WITH COMMISSION REGULATION ( EEC ) NO 193/75 OF 17 JANUARY 1975 , LAYING DOWN COMMON DETAILED RULES OF APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 858/78 ( 7 );

WHEREAS COMMISSION REGULATION ( EEC ) NO 1036/78 OF 19 MAY 1978 FIXING THE MONETARY COMPENSATORY AMOUNTS AND CERTAIN COEFFICIENTS AND RATES FOR THEIR APPLICATION ( 8 ), AS AMENDED BY REGULATION ( EEC ) NO 1534/78 ( 9 ), CONTAINS A NOTA BENE IN ANNEX IV ; WHEREAS THE WORDING OF THE NOTA BENE MUST BE AMENDED TO TAKE ACCOUNT OF THE ADDITION TO THE FIRST SUBPARAGRAPH OF ARTICLE 6 ( 2 ) OF REGULATION ( EEC ) NO 243/78 ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL RELEVANT MANAGEMENT COMMITTEES ,

HAS ADOPTED THIS REGULATION :

REGULATION ( EEC ) NO 243/78 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 4 ( 2 ) SHALL READ :

' 2 . THE ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT SHALL BE VALID FOR SIX MONTHS FROM THE DATE ON WHICH THE APPLICATION FOR ADVANCE FIXING IS LODGED , THIS DATE BEING COUNTED IN THE PERIOD FOR WHICH THE ADVANCE FIXING WILL BE VALID . '

2 . THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 7 ) SHALL READ :

' THE REPLACEMENT CERTIFICATE OR EXTRACT THEREOF SHALL BE VALID FOR SIX MONTHS FROM THE DATE ON WHICH THE APPLICATION FOR ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT IS LODGED , THIS DATE BEING COUNTED IN THE PERIOD FOR WHICH THE DOCUMENT WILL BE VALID . '

3 . THE FOLLOWING SENTENCE IS ADDED TO THE FIRST PARAGRAPH OF ARTICLE 6 ( 2 ):

' FOR THE PURPOSE OF THE ADJUSTMENTS REFERRED TO IN ARTICLE 7 , THE APPLICATION FOR ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT SHALL BE CONSIDERED TO HAVE BEEN LODGED ON THE LAST DAY FOR THE SUBMISSION OF TENDERS . '

4 . IN ARTICLE 7 ( 1 ) AND IN THE FIRST INDENT OF ARTICLE 7 ( 2 ), THE WORDS ' DURING THE PERIOD OF VALIDITY OF THE CERTIFICATE ' SHALL BE DELETED .

ARTICLE 2

THE NOTA BENE IN ANNEX IV TO REGULATION ( EEC ) NO 1036/78 IS HEREBY AMENDED TO READ AS FOLLOWS :

' NB : SAVE AS OTHERWISE PROVIDED IN THE FIRST SUBPARAGRAPH OF ARTICLE 6 ( 2 ) OF REGULATION ( EEC ) NO 243/78 THIS ANNEX APPLIES ONLY TO CERTIFICATES FOR WHICH ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT WAS APPLIED FOR DURING THE PERIOD OF ITS VALIDITY . '

ARTICLE 3

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

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

DONE AT BRUSSELS , 4 JULY 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT