Keywords
Summary

Keywords

1 . AGRICULTURE - MONETARY CRISIS - FINDING BY THE COMMISSION - STATEMENT OF REASONS - FORMAL REQUIREMENTS

( REGULATION NO 974/71 OF THE COUNCIL , ARTICLE 1 )

2 . COMPLEX ECONOMIC SITUATION - EVALUATION - ADMINISTRATION - DISCRETION - JUDICIAL REVIEW - EXTENT THEREOF

3 . AGRICULTURE - MONETARY CRISIS - TRADE - DISTURBANCES - RISK - EXISTENCE THEREOF - DECISION OF THE ADMINISTRATION - CRITERIA

( REGULATION NO 974/71 , ARTICLE 1 )

4 . AGRICULTURE - COMMON AGRICULTURAL POLICY - OBJECTIVES - HARMONIZATION THEREOF - COMMUNITY INSTITUTIONS - DUTY

( EEC TREATY , ARTICLE 39 )

Summary

1 . THE COMMISSION MAY FIND THAT THERE IS A RISK OF DISTURBANCES IN TRADE IN AGRICULTURAL PRODUCTS MERELY ON THE BASIS OF AN APPRECIABLE FALL IN THE RATE OF EXCHANGE OF A CURRENCY , AND MAY STATE ITS REASONS FOR THAT FINDING IN THE FORM OF A REFERENCE TO THE CONDITIONS SET OUT IN ARTICLE 1 ( 1 ) OF REGULATION NO 974/71 .

2 . WHERE A COMPLEX ECONOMIC SITUATION IS TO BE EVALUATED , THE ADMINISTRATION ENJOYS A WIDE MEASURE OF DISCRETION . IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .

3 . WHEN DECIDING WHETHER THERE IS A RISK OF DISTURBANCE IN TRADE IN AGRICULTURAL PRODUCTS , THE COMMISSION MAY MAKE EVALUATIONS OF A GENERAL NATURE , TAKING INTO CONSIDERATION GROUPS OF PRODUCTS - EITHER OF BASIC PRODUCTS OR OF BOTH BASIC AND DERIVED PRODUCTS - AND THE STATE OF THE MARKET , AS WELL AS THE MONETARY FACTORS RESULTING FROM THE VALUE OF THE CURRENCIES OF THE MEMBER STATES .

4 . THE COMMUNITY INSTITUTIONS MUST SECURE THE PERMANENT HARMONIZATION MADE NECESSARY BY ANY CONFLICTS BETWEEN THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY TAKEN INDIVIDUALLY AND , WHERE NECESSARY , ALLOW ANY ONE OF THEM TEMPORARY PRIORITY IN ORDER TO SATISFY THE DEMANDS OF THE ECONOMIC FACTORS OR CONDITIONS IN VIEW OF WHICH THEIR DECISIONS ARE MADE .