Commission Regulation (EC) No 1913/2006 (repealed)Dangos y teitl llawn

CHAPTER I OPERATIVE EVENTS FOR THE EXCHANGE RATE

Article 1 Export refunds and trade with third countries

1. For refunds fixed in euro and for prices and amounts expressed in euro in Community agricultural legislation to be applied in trade with third countries, the operative event for the exchange rate shall be the acceptance of the customs declaration.

2. For the purpose of calculating the standard import value of fruit and vegetables referred to in Article 4(1) of Regulation (EC) No 3223/94, in order to determine the entry price referred to in Article 5 of that Regulation, the operative event for the exchange rate for the representative prices used to calculate that standard value and the amount of the reduction referred to in Article 2(3) of Regulation (EC) No 3223/94 shall be the day to which the representative prices relate.

Article 2 Production refunds and specific types of aid

1. For production refunds fixed in euro by Community legislation, the operative event for the exchange rate shall be:

(a) the date on which it is declared that the products have reached the destination required, as the case may be, by that legislation;

(b) in cases where no such destination is required, the acceptance of the application for payment of the refund by the paying agency.

2. For processing aid, the operative event for the exchange rate shall be the date on which the products are taken over by the processor, in particular for:

(a) the aid for processing citrus fruits and fruit and vegetables referred to in Article 3 of Regulation (EC) No 2202/96 and in Articles 2 and 6a(1) of Regulation (EC) No 2201/96 respectively;

(b) the minimum price referred to in Article 6a(2) of Regulation (EC) No 2201/96.

(c) the minimum price and the premium referred to in Articles 4a and 5 of Regulation (EC) No 1868/94.

3. For the aid for dried fodder referred to in Article 4 of Regulation (EC) No 1786/2003 and the amounts linked to that aid, the operative event for the exchange rate shall be the day on which the dried fodder leaves the processing undertaking.

4. For aid granted by quantity of marketed product or product to be used in a specific way, without prejudice to Articles 4, 5 and 6, the operative event for the exchange rate shall be the first operation which guarantees, after the products are taken over by the operator concerned, the appropriate use of the products in question and entails grant of the aid.

5. For private storage aid the operative event for the exchange rate shall be the first day of the period in respect of which the aid relating to one and the same contract is granted.

6. For aid other than that referred to in paragraphs 2, 3, 4 and 5 of this Article and in Articles 4 and 5, the operative event for the exchange rate shall be the deadline for the submission of applications.

Article 3 Direct payments

For the support schemes listed in Annex I to Regulation (EC) No 1782/2003 and the additional amount of aid referred to in Article 12 of that Regulation, the operative event for the exchange rate shall be the date referred to in Article 45(2) of Regulation (EC) No 1290/2005.

Article 4 Prices, premiums and aid in the wine sector

1. For the premium granted in return for the permanent abandonment of vine-growing referred to in Article 8 of Regulation (EC) No 1493/1999, the operative event for the exchange rate shall be the first day of the wine year in which the application for payment is submitted.

For the prices and aid referred to in Articles 27(9) and (11) and 28(3) and (5) of Regulation (EC) No 1493/1999, the operative event for the exchange rate shall be the first day of the wine year in respect of which the buying-in price is paid.

For the financial allocations for the restructuring and conversion of vineyards provided for in Article 14 of Regulation (EC) No 1493/1999, the operative event of the exchange rate shall be 1 July preceding the financial year for which the financial allocations are fixed.

2. For the prices, aid and crisis distillation measures referred to in Article 29(2) and (4) and Article 30 of Regulation (EC) No 1493/1999 and for the minimum price referred to in Article 69(3) of Commission Regulation (EC) No 1623/2000(1), the operative event for the exchange rate shall be the first day of the month in which the first delivery of wine is carried out under a contract.

3. For the aid referred to in Articles 34(1) and 35(1) of Regulation (EC) No 1493/1999, the operative event for the exchange rate shall be the first day of the month in which the first enrichment or processing of wine products is carried out.

Article 5 Amounts and payments in the milk and milk products sector

1. For aid for the use of butter, concentrated butter and cream in pastry products and ice-cream as referred to in Article 1(b)(i) of Regulation (EC) No 1898/2005 and for aid for concentrated butter intended for direct consumption in the Community as referred in Article 1(b)(ii) of that Regulation, the operative event for the exchange rate shall be the day on which the final day for submission of the tender falls.

2. For aid for the purchase of butter by non-profit organisations as referred to Article 1(b)(iii) of Regulation (EC) No 1898/2005, the operative event for the exchange rate shall be the first day of the period for which the voucher provided for in Article 75(1) of that Regulation is valid.

3. For aid for skimmed milk and skimmed-milk powder for use in feedingstuffs as referred to in Article 7(1) of Regulation (EC) No 2799/1999, the operative event for the exchange rate shall be the day on which the skimmed milk or skimmed-milk powder is processed into compound feedingstuff or in which the skimmed-milk powder is denatured.

4. For aid granted for supplying certain milk products to pupils as referred to in Article 1 of Regulation (EC) No 2707/2000, the operative event for the exchange rate shall be the first day of the month of the period to which the aid application referred to in Article 11 of that Regulation relates.

5. For aid for skimmed milk used in the production of casein and caseinates referred to in Article 2(1) of Regulation (EEC) No 2921/90, the operative event for the exchange rate shall be the day of manufacture of the casein and caseinates.

6. For the payment of the levy referred to in Article 1 of Regulation (EC) No 595/2004, for a given twelve-month period within the meaning of Council Regulation (EC) No 1788/2003, the operative event for the exchange rate shall be 1 April following the period concerned.

7. For the transport costs referred to in Article 19(2) of Regulation (EC) No 2771/1999 and in Article 11(2) of Regulation (EC) No 214/2001, the operative event for the exchange rate shall be the day on which the valid offer has been received by the competent authority.

Article 6 Minimum price for beet, one-off amount, surplus amount and production charge in the sugar sector

For the minimum price for beet, the one-off amount levied on the additional sugar quotas and on the supplementary isoglucose quotas, and the surplus amount and the production charge referred to in Articles 5, 8(3), 9(3), 15 and 16 respectively of Regulation (EC) No 318/2006, the operative event for the exchange rate shall be 1 October of the marketing year in respect of which the prices and amounts are applied or paid.

Article 7 Amounts of a structural or environmental character and overheads of operational programmes

1. For the amounts referred to in the Annex to Regulation (EC) No 1698/2005, as well as for the amounts relating to measures approved under Regulation (EC) No 1257/1999, for which the payments to beneficiaries are assured by the rural development programmes approved under Regulation (EC) No 1698/2005, the operative event for the exchange rate shall be 1 January of the year in which the decision to grant the aid is taken.

However, where, under Community rules, payment of the amounts referred to in the first subparagraph is staggered over several years, the operative event for the exchange rate for each of the annual instalments shall be l January of the year for which the instalment in question is paid.

2. For the lump sums referred to in point 3 of Annex I to Regulation (EC) No 1433/2003, intended to cover overheads specifically related to the operational funds or programmes referred to in Articles 15 and 16 of Regulation (EC) No 2200/96, the operative event for the exchange rate shall be 1 January of the year to which these overheads relate.

Article 8 Other amounts and prices

For prices or amounts other than those referred to in Articles 1 to 7, or amounts linked to those prices, expressed in euro in Community legislation, or expressed in euro by a tendering procedure, the operative event for the exchange rate shall be the day on which one of the following legal acts occurs:

(a)

for purchases, when the valid offer has been received or, in the fruit and vegetables sector, when the products are taken over by the storekeeper;

(b)

for sales, when the valid offer has been received or, in the fruit and vegetables sector, when the operator concerned takes over the products;

(c)

for withdrawals of products in the fruit and vegetables sector, the day on which the withdrawal takes place;

(d)

for costs of transport, processing or public storage and for amounts allocated to studies or promotional measures as part of a tendering procedure, the final day for the submission of tenders;

(e)

for the recording of prices, amounts or tenders on the market, the day in respect of which the price, amount or tender is recorded;

(f)

for penalties linked to non-compliance with agricultural legislation, the date of the act of the competent authority which establishes the facts;

(g)

for turnover or amounts relating to production volumes, the start of the reference period laid down by agricultural legislation.

Article 9 Payment of advances

For advances, the operative event for the exchange rate shall be the operative event applicable to the price or amount to which the advance relates, where this event has occurred by the time the advance is paid, or, in other cases, the date of setting in euro of the advance or, failing that, the date of payment of the advance.

The operative event for the exchange rate shall be applied to advances without prejudice to the application to the entire price or amount in question of the operative event for that price or amount.

Article 10 Securities

For securities, the operative event for the exchange rate shall be the date on which the security is lodged.

However, the following exceptions shall apply:

(a)

for securities relating to advances, the operative event for the exchange rate shall be the operative event as defined for the amount of the advance, where that event has occurred by the time the security is paid;

(b)

for securities relating to the submission of tenders, the operative event for the exchange rate shall be the day on which the tender is submitted;

(c)

for securities relating to the performance of tenders, the operative event for the exchange rate shall be the closing date of the invitation to tender.

(1)

OJ L 194, 31.7.2000, p. 45.