Keywords
Summary

Keywords

1 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - FIXING - DERIVED PRODUCTS - CALCULATION OF THE INCIDENCE OF THE COMPENSATORY AMOUNT APPLICABLE TO THE BASIC PRODUCT - COMMISSION ' S MARGIN OF DISCRETION - EXTENT

( REGULATION NO 974/71 OF THE COUNCIL , ART . 2 ( 2 ))

2 . AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - FIXING - DERIVED PRODUCTS - DIFFERENT COMPENSATORY AMOUNTS APPLIED TO DERIVED PRODUCTS AND THE BASIC PRODUCT - NEGLIGIBLE DIFFERENCE - PERMISSIBLE

( REGULATION NO 974/71 OF THE COUNCIL , ART . 4 ( 2 ); COMMISSION REGULATIONS NOS 746/79 AND 3013/80 )

Summary

1 . IT IS FOR THE COMMISSION TO RESOLVE THE TECHNICAL AND ECONOMIC PROBLEMS ARISING FROM THE CALCULATION OF THE INCIDENCE - WITHIN THE MEANING OF ARTICLE 2 ( 2 ) OF REGULATION NO 974/71 - ON THE PRICES OF DEPENDENT PRODUCTS OF THE MONETARY COMPENSATORY AMOUNT FIXED FOR A BASIC PRODUCT , WHILST MAINTAINING A DEGREE OF CONSISTENCY AND CLARITY IN THE SYSTEM OF MONETARY COMPENSATORY AMOUNTS WHICH IT IS REQUIRED TO ESTABLISH IN THE SECTOR CONCERNED . FOR THIS PURPOSE , THE COMMISSION HAS A WIDE MARGIN OF DISCRETION AND MAY EVEN MAKE FLAT-RATE ASSESSMENTS . IT CANNOT , THEREFORE , BE REQUIRED TO ACHIEVE ABSOLUTE MATHEMATICAL EQUALITY BETWEEN THE MONETARY COMPENSATORY AMOUNT APPLICABLE TO THE BASIC PRODUCT AND THAT APPLICABLE TO DERIVED PRODUCTS .

2 . SINCE , UNDER ARTICLE 4 ( 2 ) OF REGULATION NO 974/71 , IT IS NOT NECESSARY TO FIX MONETARY COMPENSATORY AMOUNTS WHEN THEY ARE NEGLIGIBLE IN RELATION TO THE AVERAGE VALUE OF THE PRODUCTS , THERE CAN ALSO BE NO OBLIGATION TO FIX THEM IN SUCH A WAY AS TO ELIMINATE A DIFFERENCE WHICH REPRESENTS A NEGLIGIBLE PERCENTAGE OF THE MONETARY COMPENSATORY AMOUNTS THEMSELVES AND WHICH THEREFORE , A FORTIORI , CAN BE ONLY NEGLIGIBLE IN RELATION TO THE VALUE OF THE GOODS .