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( 1 ) OJ NO L 106 , 29 . 4 . 1977 , P . 27 .

( 2 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 3 ) OJ NO L 134 , 22 . 5 . 1978 , P . 40 .

( 4 ) OJ NO L 293 , 19 . 10 . 1978 , P . 11 .

( 5 ) OJ NO L 188 , 1 . 8 . 1968 , P . 1 .

( 6 ) OJ NO L 125 , 13 . 5 . 1978 , P . 32 .

( 7 ) OJ NO L 83 , 3 . 4 . 1979 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 707/79

OF 9 APRIL 1979

AMENDING REGULATION ( EEC ) NO 1054/78 FOLLOWING THE FIXING OF NEW EXCHANGE RATES TO BE APPLIED IN FRANCE , IRELAND , ITALY AND THE UNITED KINGDOM IN AGRICULTURE

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 878/77 OF 26 APRIL 1977 IN THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 705/79 ( 2 ), AND IN PARTICULAR ARTICLE 5 THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1054/78 OF 19 MAY 1978 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF COUNCIL REGULATION ( EEC ) NO 878/77 ON THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE AND REPEALING REGULATION ( EEC ) NO 937/77 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2426/78 ( 4 ), PROVIDED IN ARTICLE 2 ( 2 ) THAT THE PROVISIONS OF THE LAST SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 1134/68 OF 30 JULY 1968 LAYING DOWN RULES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 653/68 ON CONDITIONS FOR ALTERATIONS TO THE VALUE OF THE UNIT OF ACCOUNT USED FOR THE COMMON AGRICULTURAL POLICY ( 5 ), SHOULD ONLY APPLY TO ADVANCE FIXING CERTIFICATES ISSUED BEFORE 12 MAY 1978 WITH RESPECT TO THE REPRESENTATIVE RATES FIXED BY REGULATION ( EEC ) NO 976/78 ( 6 );

WHEREAS REGULATIONS ( EEC ) NO 643/79 ( 7 ) AND ( EEC ) NO 705/79 AMENDED ARTICLE 2A OF REGULATION ( EEC ) NO 878/77 TO TAKE ACCOUNT OF THE NEW REPRESENTATIVE RATES FIXED FOR THE FRENCH FRANC , THE IRISH POUND , THE POUND STERLING AND THE ITALIAN LIRA WITH EFFECT FROM 9 APRIL 1979 ; WHEREAS AN ADDITION THEREFORE NEEDS TO BE MADE TO REGULATION ( EEC ) NO 1054/78 ; WHEREAS IT ALSO SEEMS POSSIBLE TO TAKE BETTER ACCOUNT OF THE SPECIAL CIRCUMSTANCES IN CASES WHERE THE LEVY OR REFUND IS FIXED IN ADVANCE BY TENDER ;

WHEREAS PROVISION SHOULD BE MADE FOR DIFFERENT DATES FOR ENTRY INTO FORCE IN THE WINE SECTOR FROM THOSE GENERALLY PROVIDED FOR , AS HAS BEEN DONE IN THE PAST FOR CERTAIN DISTILLATION MEASURES ;

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1054/78 IS HEREBY REPLACED BY THE FOLLOWING PARAGRAPHS :

' 2 . THE PROVISIONS OF THE LAST SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF REGULATION ( EEC ) NO 1134/68 SHALL APPLY ONLY TO ADVANCE FIXING CERTIFICATES ISSUED WITHIN THE MEANING OF ARTICLE 9 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 193/75 ( 1 ):

- BEFORE 12 MAY 1978 WITH REGARD TO THE REPRESENTATIVE RATES REFERRED TO IN ARTICLE 2A ( 1 ) ( C ), ( D ), ( E ) AND ( F ) OF REGULATION ( EEC ) NO 878/77 FOR THE PRODUCTS AND MEMBER STATES IN QUESTION AND AS FROM THE DATES GIVEN IN PARAGRAPH 2 OF THAT ARTICLE ,

- BEFORE 12 MAY 1978 WITH REGARD TO THE REPRESENTATIVE RATE ONE FRENCH FRANC À 0.154856 UNIT OF ACCOUNT WITH EFFECT FROM 17 MAY 1978 FOR THE PIGMEAT SECTOR IN FRANCE ,

- BEFORE 30 MARCH 1979 WITH REGARD TO THE REPRESENTATIVE RATES FIXED BY REGULATION ( EEC ) NO 643/79 ( 2 ), AND REFERRED TO IN ARTICLE 2A ( 3 ) TO ( 6 ) OF REGULATION ( EEC ) NO 878/77 FOR THE PRODUCTS AND THE MEMBER STATES IN QUESTION AND WITH EFFECT FROM THE DATES THERE GIVEN .

3 . IN CASES WHERE THE LEVY OR REFUND IS FIXED IN ADVANCE BY TENDER , FOR THE PURPOSES OF THIS ARTICLE , THE LAST DAY FOR TENDERS SHALL BE CONSIDERED AS THE DAY OF APPLICATION FOR THE CERTIFICATE IN QUESTION .

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

( 2 ) OJ NO L 83 , 3 . 4 . 1979 , P . 1 . '

ARTICLE 2

THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 3 OF REGULATION ( EEC ) NO 1054/78 :

' 3 . WITH REGARD TO THE PURCHASE PRICES AND THE OTHER AMOUNTS REFERRED TO IN PARAGRAPH 1 , THE REPRESENTATIVE RATES REFERRED TO IN ARTICLE 2A OF REGULATION ( EEC ) NO 878/77 :

- IN PARAGRAPHS 3 ( A ) 4 AND 5 SHALL APPLY AS FROM 1 SEPTEMBER 1979 ,

- IN PARAGRAPH 3 ( B ) SHALL APPLY AS FROM 1 SEPTEMBER 1980 .

THE REPRESENTATIVE RATES FOR THE FRENCH FRANC AND THE ITALIAN LIRA FIXED IN REGULATIONS ( EEC ) NO 643/79 AND ( EEC ) NO 705/79 AND PURSUANT TO ARTICLE 2A ( 3 ) ( A ) AND THE FIRST SUBPARAGRAPH OF ARTICLE 2A ( 4 ) OF REGULATION ( EEC ) NO 878/77 APPLICABLE TO THE WINE SECTOR FROM 9 APRIL 1979 SHALL NOT APPLY TO DISTILLATION OPERATIONS DECIDED ON BEFORE 9 APRIL 1979 . '

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON 9 APRIL 1979 .

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

DONE AT BRUSSELS , 9 APRIL 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT