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COMMISSION REGULATION ( EEC ) NO 1670/82

OF 14 JUNE 1982

FIXING THE ADJUSTMENTS TO BE MADE TO MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE FOR MILK AND MILK PRODUCTS

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 THE FIRST INDENT OF ARTICLE 7 ( 2 ) OF COMMISSION REGULATION ( EEC ) NO 243/78 OF 1 FEBRUARY 1978 PROVIDING FOR THE ADVANCE FIXING OF MONETARY COMPENSATORY AMOUNTS ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2898/81 ( 4 ) , PROVIDES FOR AN OPTIONAL ADJUSTMENT TO THE MONETARY COMPENSATORY AMOUNT FIXED IN ADVANCE WHERE THE LEVY OR REFUND IS ADJUSTED FOLLOWING A CHANGE IN PRICES ; WHEREAS , PURSUANT TO ARTICLE 2 ( 1 ) AND ( 3 ) 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 ( 5 ) , SUCH AN ADJUSTMENT TO MONETARY COMPENSATORY AMOUNTS APPLICABLE IN RESPECT OF MILK PRODUCTS IS TO BE MADE IF ADJUSTMENTS TO REFUNDS FIXED IN ADVANCE TAKE PLACE FOLLOWING A CHANGE IN PRICES EXPRESSED IN ECU , WHILE IN RESPECT OF PRODUCTS NOT COVERED BY ANNEX II TO THE TREATY NO ADJUSTMENT IS PROVIDED FOR ;

WHEREAS THE REFUNDS FIXED IN ADVANCE IN THE SECTOR IN QUESTION WERE ADJUSTED BY COMMISSION REGULATION ( EEC ) NO 1669/82 ( 6 ) ; WHEREAS THE SAID ADJUSTMENT WAS MADE IN ORDER TO TAKE ACCOUNT OF THE INCREASE IN INTERVENTION PRICES ; WHEREAS , FOR THAT REASON , MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE MUST BE ADJUSTED TO THE SAME EXTENT ; WHEREAS , PURSUANT TO ARTICLE 3 OF REGULATION ( EEC ) NO 1516/78 , THE ADJUSTMENT IS ALSO TO BE ON THE BASIS OF BOTH THE PRICE PREVAILING AND THE REPRESENTATIVE RATE APPLICABLE AT THE TIME WHEN CUSTOMS EXPORT FORMALITIES ARE COMPLETED ;

WHEREAS , FOR THE SAKE OF CLARITY , THE AMOUNTS OF THE ADJUSTMENT TO BE MADE TO COMPENSATORY AMOUNTS SHOULD BE FIXED CASE BY CASE ; WHEREAS , FOR THE SAME REASON , ONLY THE ADJUSTMENTS FIXED IN RESPECT OF THE MILK SECTOR SHOULD BE APPLIED TO MILK PRODUCTS CONTAINING CERTAIN QUANTITIES OF PRODUCTS BELONGING TO OTHER SECTORS ;

WHEREAS THE MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE WHICH ARE THE SUBJECT OF THE PRESENT ADJUSTMENT WERE FIXED BY COMMISSION REGULATIONS ( EEC ) NO 902/81 ( 7 ) AND ( EEC ) NO 2901/81 ( 8 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 998/82 ( 9 ) ;

WHEREAS CALCULATING THE AMOUNT TO BE GRANTED AND THE ADJUSTMENT TO BE MADE PURSUANT TO THIS REGULATION MAY CREATE DIFFICULTIES ; WHEREAS THE DIFFERENT STEPS TO BE PERFORMED SHOULD THEREFORE BE MADE CLEAR ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . IN THE CASE OF EXPORTS TO NON-MEMBER COUNTRIES OF PRODUCTS LISTED IN THE ANNEX TO THIS REGULATION FOR WHICH THE REFUND WAS FIXED IN ADVANCE UNTIL 3 MAY 1982 INCLUSIVE , THE MONETARY COMPENSATORY AMOUNTS REFERRED TO IN PART 5 OF ANNEX I TO REGULATIONS ( EEC ) NO 902/81 AND ( EEC ) NO 2901/81 AND FIXED IN ADVANCE UNTIL THE SAME DATE SHALL BE ADJUSTED BY THE AMOUNTS GIVEN IN THE ANNEX TO THIS REGULATION , PROVIDED THAT THE REFUND FIXED IN ADVANCE IN RESPECT OF THE PRODUCT IN QUESTION IS ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF REGULATION ( EEC ) NO 1669/82 .

2 . THE OPERATIVE DATE :

- FOR THE ADVANCE FIXING OF THE MONETARY COMPENSATORY AMOUNT , SHALL BE THE DATE ON WHICH THE APPLICATION FOR ADVANCE FIXING WAS LODGED WITHIN THE MEANING OF ARTICLE 14 ( 1 ) OF REGULATION ( EEC ) NO 3183/80 ( 10 ) ,

- FOR EXPORT , SHALL BE THE DATE ON WHICH THE CUSTOMS FORMALITIES REFERRED TO IN ARTICLE 22 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 3183/80 ARE COMPLETED .

ARTICLE 2

IN ORDER TO APPLY THE ADJUSTMENTS GIVEN IN THE ANNEX :

- THE REFUND FIXED IN ADVANCE IN ECU SHALL BE INCREASED BY THE AMOUNT FIXED BY REGULATION ( EEC ) NO 1669/82 ,

- THE RESULT SHALL BE MULTIPLIED BY THE MONETARY COEFFICIENT AND THEN CONVERTED INTO NATIONAL CURRENCY USING THE REPRESENTATIVE RATE , THE COEFFICIENT AND RATE BEING THOSE WHICH WERE FIXED IN ADVANCE AT THE TIME WHEN THE MONETARY COMPENSATORY AMOUNT WAS FIXED IN ADVANCE ,

- THE AMOUNT THUS OBTAINED SHALL BE REDUCED OR , WHERE APPROPRIATE , INCREASED BY THE MONETARY COMPENSATORY AMOUNT FIXED IN ADVANCE ADJUSTED BY THE AMOUNT GIVEN IN THE ANNEX .

ARTICLE 3

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

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

DONE AT BRUSSELS , 14 JUNE 1982 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION

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

( 2 ) OJ NO L 362 , 17 . 12 . 1981 , P . 2 .

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

( 4 ) OJ NO L 287 , 8 . 10 . 1981 , P . 1 .

( 5 ) OJ NO L 178 , 1 . 7 . 1978 , P . 63 .

( 6 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 7 ) OJ NO L 94 , 6 . 4 . 1981 , P . 3 .

( 8 ) OJ NO L 288 , 8 . 10 . 1981 , P . 1 .

( 9 ) OJ NO L 121 , 3 . 5 . 1982 , P . 1 .

( 10 ) OJ NO L 338 , 13 . 12 . 1980 , P . 1 .

ANNEX

LIST OF ADJUSTMENTS APPLICABLE TO MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE PURSUANT TO ARTICLE 1 ( MAKING DISTINCTION AS APPROPRIATE BETWEEN THE PERIODS DURING WHICH ADVANCE FIXING TOOK PLACE )

SEE O.J .