21.11.85 - Official Journal of the European Communities NoL310/1 (Acts whose publication is obligatory) COMMISSION REGULATION (EEG) No 3152/85 of 11 November 1985 laying down detailed rules for the application of Regulation (EEC) No 1676/85 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (*), and in particular Article 12 thereof, Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agriculture (*), and in particular Article 12 thereof, Whereas Regulation (EEC) No 1676/85 provides for the cancellation of certain documents or certificates should those concerned suffer a disadvantage following adjustments to amounts fixed in advance; made following an alteration of the agricultural conversion rates in accordance with Article 6 or Article 8 of Regu- lation (EEC) No 1676/85; Whereas those concerned may be considered as having accepted the disadvantage in cases where they undertook commitments at a time when the alteration of the agri- cultural conversion rate was known, concerning an operation to be effected after that alteration; whereas cancellation is not justified in such cases; whereas a rule must be provided to show from what date the alteration may be considered to have been known; Whereas in other cases the disadvantage allows can- cellation of the document certifying the advance fixing of an amount; whereas to assess the existence of a dis- advantage, the situation before and after the adjustment must be compared; whereas, for this purpose, some of the factors concerning the relevant operation must be taken into consideration; (*) O] No L 164, 24. 6. 1985, p. 1. (*) O] No L 164, 24. 6. 1985, p. 6. Whereas, however, only those consequences of exchange rate alterations referred to in Article 6 or Article 8 of Regulation (EEC) No 1676/85 may be taken into account; whereas under normal circumstances alterations to the central rate or normal changes in the market rate of a Member State’s currency have an impact on the monetary compensatory amounts which should not be taken into account; whereas, similarly, an alteration in the contract price is an irrelevant factor, since it is entirely a matter for the individual concerned; Whereas, on the other hand, other measures adopted under the Community agricultural regulations may influence the situation ‘of those concerned; whereas this is the case, in particular, for a decision concerning prices fixed in ECU at Community level; whereas a change in the level of prices fixed in ECU affects either import or export charges and refunds, through the adjustments to be made in ECU under the market organization rules for the various products, or monetary compensatory ~amounts which have not been fixed in advance; whereas account should be taken of this when the disadvantagc is being determined, so that in this way it can in certain cases be partly or wholly offset; Whereas no adjustment related to a change in the agri- cultural conversion rate can be made for import or export charges or refunds fixed in advance at the same time as the monetary compensatory amounts; whereas the fixing in advance of these sums also entails the ‘freezing’ of the agricultural conversion rate and of the monetary coefficient applying to these charges and refunds which were valid when the sum was fixed in advance; whereas, consequently, there can be no dis- advantage for the import or export charges and refunds fixed in advance, since these undergo no change following a change in the agricultural conversion rate; Whereas the adjustments to be made under Article 8 of Regulation (EEC) No 1676/85 may normally be made subject to the same rules; whereas, however, there is no reason to implement the exception concerning the