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

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

( 3 ) OJ NO L 139 , 30 . 5 . 1975 , P . 37 .

( 4 ) OJ NO L 173 , 13 . 7 . 1977 , P . 10 .

COMMISSION REGULATION ( EEC ) NO 2505/77

OF 14 NOVEMBER 1977

AMENDING REGULATION ( EEC ) NO 1380/75 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS

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 ,

WHEREAS THE THIRD PARAGRAPH OF ARTICLE 12 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 1380/75 OF 29 MAY 1975 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1556/77 ( 4 ), LAYS DOWN IN PARTICULAR THAT , IF A PRODUCT IS EXPORTED FROM ONE MEMBER STATE TO ANOTHER MEMBER STATE AND SUBSEQUENTLY RE-EXPORTED TO A NON-MEMBER COUNTRY , THE COMPENSATORY AMOUNT IS NOT TO BE APPLIED ON EXIT FROM THE RE-EXPORTING MEMBER STATE UNLESS IT WAS APPLIED ON ENTRY INTO THAT MEMBER STATE ; WHEREAS THIS PROVISION HAS THE EFFECT OF NOT APPLYING A MONETARY COMPENSATORY AMOUNT IN THE CASE OF A TRANSACTION WITH A NON-MEMBER COUNTRY AS A RESULT OF THE NON-APPLICATION OF A MONETARY COMPENSATORY AMOUNT IN THE CASE OF AN INTRA-COMMUNITY TRANSACTION ;

WHEREAS THE COMPENSATORY AMOUNTS IN TRADE WITH NON-MEMBER COUNTRIES COMPRISE TWO ELEMENTS NAMELY , ON THE ONE HAND , THE AMOUNTS APPLICABLE IN INTRA-COMMUNITY TRADE AND , ON THE OTHER , THE MONETARY CO-EFFICIENT SPECIFIED IN ARTICLE 4 ( 3 ) OF REGULATION ( EEC ) NO 1380/75 ;

WHEREAS , IN CONSEQUENCE OF THE PROVISIONS OF REGULATION ( EEC ) NO 1380/75 REFERRED TO ABOVE , THIS DIFFERENCE IN THE ECONOMIC INCIDENCE OF THE COMPENSATORY AMOUNTS IS NOT TAKEN INTO CONSIDERATION ; WHEREAS THIS IS LIABLE TO CREATE AN UNJUSTIFIED ADVANTAGE FOR CERTAIN TRADE FLOWS ; WHEREAS THIS SITUATION OCCURS PARTICULARLY WHERE A COMMODITY IS EXPORTED FROM ONE MEMBER STATE TO ANOTHER MEMBER STATE WITH A STRONG CURRENCY AND IS THEN RE-EXPORTED FROM THAT MEMBER STATE TO NON-MEMBER COUNTRIES AND QUALIFIES FOR REFUNDS WITHOUT HAVING BEEN SUBJECT TO MONETARY COMPENSATORY AMOUNTS IN THE MEMBER STATE OF RE-EXPORTATION ; WHEREAS THE EXISTING PROVISIONS SHOULD BE AMENDED IN ORDER TO PLACE ALL TRADE FLOWS ON AN EQUAL FOOTING ; WHEREAS , TO THIS END , IT IS APPROPRIATE TO LAY DOWN THAT IN THE MEMBER STATE OF RE-EXPORTATION THE MONETARY COMPENSATORY AMOUNTS ARE TO BE APPLIED ON RE-EXPORTATION SOLELY IN THE FORM OF THE MONETARY COEFFICIENT , WHICH REFLECTS THE DIFFERENCE BETWEEN THE INTRA-COMMUNITY COMPENSATORY AMOUNT AND THE NON-MEMBER COUNTRY COMPENSATORY AMOUNT , SINCE THE AMOUNTS NOT APPLIED AT THE IMPORT AND EXPORT STAGES CANCEL EACH OTHER OUT ;

WHEREAS THE DUTCH VERSION OF THE SECOND SUBPARAGRAPH OF ARTICLE 10 ( 1 ) OF REGULATION ( EEC ) NO 1380/75 DOES NOT TALLY WITH THE OTHER LANGUAGE VERSIONS ; WHEREAS THE DUTCH VERSION SHOULD BE AMENDED ;

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE THIRD SUBPARAGRAPH OF ARTICLE 12 ( 1 ) OF REGULATION ( EEC ) NO 1380/75 IS REPLACED BY THIRD AND FOURTH SUBPARAGRAPHS AS FOLLOWS :

' IF A PRODUCT IS EXPORTED FROM ONE MEMBER STATE TO ANOTHER MEMBER STATE AND SUBSEQUENTLY RE-EXPORTED TO ANOTHER MEMBER STATE , THE COMPENSATORY AMOUNT SHALL NOT BE APPLIED ON EXIT FROM THE RE-EXPORTING MEMBER STATE UNLESS IT WAS APPLIED ON ENTRY INTO THAT MEMBER STATE OR IF THE OPTION PROVIDED FOR IN ARTICLE 2A OF REGULATION ( EEC ) NO 974/71 WAS EXERCISED ON BEHALF OF THAT STATE .

IF A PRODUCT IS EXPORTED FROM ONE MEMBER STATE TO ANOTHER MEMBER STATE AND SUBSEQUENTLY RE-EXPORTED TO A NON-MEMBER COUNTRY , AND IF THE COMPENSATORY AMOUNT WAS NOT APPLIED ON ENTRY INTO THE RE-EXPORTING MEMBER STATE OR IF THE OPTION PROVIDED FOR IN ARTICLE 2A OF REGULATION ( EEC ) NO 974/71 WAS NOT EXERCISED ON BEHALF OF THAT STATE , THE EXPORT REFUNDS AND EXPORT LEVIES SHALL BE MULTIPLIED IN THE RE-EXPORTING MEMBER STATE BY THE COEFFICIENT AS SPECIFIED IN ARTICLE 4 ( 3 ) APPLICABLE IN THAT MEMBER STATE . IN SUCH CASE THE COMPENSATORY AMOUNT GIVEN FOR THE PRODUCT IN QUESTION IN ANNEX I TO THE REGULATION FIXING THE MONETARY COMPENSATORY AMOUNTS SHALL NOT BE APPLIED ON EXIT FROM THE RE-EXPORTING MEMBER STATE . '

ARTICLE 2

WITH EFFECT FROM 16 APRIL 1977 , IN THE DUTCH VERSION OF THE SECOND SUBPARAGRAPH OF ARTICLE 10 ( 1 ) OF REGULATION ( EEC ) NO 1380/75 THE WORDS ' NAAR EEN BUITEN HET GEOGRAFISCH ' ARE REPLACED BY ' NAAR EEN OP HET GEOGRAFISCH ' .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE FIFTEENTH 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 , 14 NOVEMBER 1977 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT