Commission Regulation (EEC) No 411/88 of 12 February 1988 on the method and the rate of interest to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal
Modified by
Commission Regulation (EEC) No 674/88 of 15 March 1988, 388R0674, March 16, 1988
Commission Regulation (EEC) No 439/89 of 22 February 1989, 389R0439, February 23, 1989
Commission Regulation (EEC) No 1644/89 of 12 June 1989, 389R1644, June 13, 1989
Commission Regulation (EC) No 2623/1999of 10 December 1999amending Regulation (EEC) No 411/88 on the method and the rate of interest to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal, 399R2623, December 11, 1999
Commission Regulation (EC) No 956/2005of 23 June 2005amending Regulation (EEC) No 411/88 on the method and the rate of interest to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal, 305R0956, June 24, 2005
Commission Regulation (EEC) No 411/88of 12 February 1988on the method and the rate of interest to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposalTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee SectionOJ No L 216, 5. 8. 1978, p. 1., as last amended by Regulation (EEC) No 2095/87OJ No L 196, 17. 7. 1987 (SIC!, p. 3)., and in particular Article 5 thereof,Whereas the provisions concerning the calculation of the costs of financing intervention measures comprising buying-in, storage and disposal, initially laid down in Commission Regulation (EEC) No 467/77OJ No L 62, 8. 3. 1977, p. 9., as last amended by Regulation (EEC) No 331/87OJ No L 32, 3. 2. 1987, p. 10., have been amended a number of times since their adoption; whereas, by reason of their number, complexity and dispersal among various issues of the Official Journal of the European Communities, the relevant texts are difficult to use and thus lack the clarity which should be an essential feature of all legislation; whereas they should therefore be consolidated;Whereas, under Article 4 (1) of Regulation (EEC) No 1883/78, an account is drawn up for each Member State and for each financial year showing the net losses sustained by the intervention agencies concerned;Whereas these accounts include financing costs which are to be calculated by a method and at a rate of interest adopted in accordance with the procedure laid down in Article 13 of Council Regulation (EEC) No 729/70OJ No L 94, 28. 4. 1970, p. 13., as last amended by Regulation (EEC) No 3769/85OJ No L 362, 31. 12. 1985, p. 17.;Whereas the financing costs should be calculated according to a method which takes account of the volume of the stocks, of the different ways in which the goods are presented for intervention, of the depreciation of goods in storage since the beginning of the financial year and also of changes in the intervention prices of products during the financial year; whereas this method should be easy to apply;Whereas the interest rate must be representative of the cost of money prevailing in the Community;Whereas, with a view to ensuring that the Community budget continues to be implemented under appropriate conditions, Regulation (EEC) No 1883/78 authorizes the Commission to fix the uniform interest rate at a level below its representative level for the 1986, 1987 and 1988 budget years; whereas the budget year includes, for this type of expenditure, expenditure on material operations from 1 October of the previous year to 30 September; whereas, in these circumstances, the interest rate has been reduced to 7 %;Whereas the second paragraph of Article 5 of Regulation (EEC) No 1883/78 empowered the Commission to fix the uniform interest rate at a lower level in the case of Member States which have interest costs below those which result from the application of the uniform interest rate for calculating financial costs; whereas the uniform interest rate has been fixed at 7 % since 1 December 1985; whereas in comparison with the situation in 1985 the interest rates in two Member States fell below the uniform interest rate during 1986; whereas the specific interest rate to be applied in those Member States should be fixed;Whereas Article 7 of Council Regulation (EEC) No 1883/78 provides that where the products in question experience a depreciation as a result of storage, the financial effect thereof is to be recorded and taken into account at the time of entry into intervention; whereas the basis for calculating the financing costs which are used in determining the net losses of the intervention agencies is thereby changed; whereas the corresponding depreciation must therefore be taken into account when calculating the average value per tonne of the product;Whereas, under the rules governing common market organizations, provision may be made for payment for a product bought in by an intervention agency to be effected only after a certain period; whereas the method used for calculating interest charges should therefore be adjusted to take account of the period for payment where this is stipulated in the rules;Whereas, where payment for a product bought in by an intervention agency is effected after a certain period, the quantities to be used for the calculation of interest charges are to be reduced; whereas it transpires that, as a consequence of the extension of periods for payment and of major buying-in in certain sectors at the end of the financial year, this reduction may produce a negative result; whereas the method of calculation should be adjusted to take account of this effect;Whereas the rules governing the common market organizations or Community invitations to tender governing the sale of agricultural products in public intervention may allow the purchaser of such products a period in which to remove them, once payment has been made; whereas the method for calculating interest charges should be altered to take account of such removal period;Whereas, on account of the exceptionally high levels of stocks of certain agricultural products in intervention storage, the Commission has, in certain instances, provided for a period in which payment may be made after the purchaser has removed the products from store; whereas it is thus appropriate, as an exceptional measure, to adjust the method of calculating interest charges for the sales concerned, in order to take account of such period for payment;Whereas the measures provided for in this Regulation are in accordance with the opinion of the EAGGF Committee,HAS ADOPTED THIS REGULATION: