1978R1883 — EN — 04.05.2005 — 002.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:









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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 Section







THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy ( 1 ), as last amended by Regulation (EEC) No 2788/72 ( 2 ), and in particular Article 3 (2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament ( 3 ), Whereas, in accordance with Article 3 (2) of Regulation (EEC) No 729/70, the general rules for the Community financing of interventions should be laid down; Whereas, to this end, the list of measures complying with the concept of intervention intended to stabilize the markets should be drawn up; Whereas it is desirable to lay down that expenditure resulting from intervention measures for which a sum per unit is determined within the framework of a common organization of markets shall be met entirely from Community funds; Whereas in the case of intervention measures in respect of which a sum per unit is not determined within the framework of the common organization of markets, basic rules should be laid down with regard in particular to the method for determining the amounts to be financed, the financing of expenditure resulting from the tying-up of the funds necessary for intervention purchasing of products, the valuation of stocks to be carried forward from one financial year to the next and the financing of expenditure resulting from storage and, where appropriate, processing operations; Whereas the various items of expenditure and revenue to be adopted for each sector on the basis of these rules should be the subject of more detailed regulations; where the financing regulations for each sector should, in the meantime, be maintained in force; Whereas the general rules for Community financing of interventions should be embodied in a single Regulation; whereas Council Regulation (EEC) No 2824/72 of 28 December 1972 laying down general rules for the financing of interventions by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund ( 4 ) should be repealed, HAS ADOPTED THIS REGULATION:







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Article 1

The list of measures which comply with the concept of intervention intended to stabilize the agricultural markets, within the meaning of Article 3 (1) of Regulation (EEC) No 729/70, shall be drawn up by the Commission according to the procedure provided for in Article 13 of the said Regulation and shall be published in the Official Journal of the European Communities, L series.

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Article 2

Where, within the framework of a common organization of the market, a sum per unit is determined for an intervention measure, the resulting expenditure shall be met entirely by Community funds.

Article 3

Where, within the framework of a common organization of the market, a sum per unit is not determined in respect of an intervention measure, the measure concerned shall be financed by the EAGGF, Guarantee Section, in accordance with the provisions contained in Articles 4 to 8.

Article 4

1. Where an intervention measure referred to in Article 3 involves the buying-in and storage of products, the amount financed shall be determined by the annual accounts drawn up by the payment services or agencies, in which the various items of expenditure and revenue have been respectively debited and credited.

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Where specific measures for the disposal of butter from public stocks are taken under a common market organization within the milk and milk products sector in 1987 and 1988 with reference to this provision, financing of the loss on the sale shall begin in 1989 and shall be limited to 25 % of the amount of the loss recorded during the financial year concerned. The remaining 75 % shall be financed in instalments of 25 % over the following three financial years. This financing will take place, unless unavoidably prevented, during the first three months of each year in question.

The loss on the sale shall be equal to the difference between the value of the quantities carried over, as referred to in Article 1 (1) (c) of Regulation (EEC) No 3247/81 ( 5 ), and the value of the quantities disposed of pursuant to a measure as referred to in the previous subparagraph.

The unreimbursed amounts in respect of losses so calculated shall bear interest at rates fixed pursuant to Article 5.

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2. The financing of the other intervention measures referred to in Article 3 shall be equal to the expenditure, less any revenue, resulting from the intervention measure.

3. The Council, acting by a qualified majority on a proposal from the Commission, shall in respect of the intervention measures referred to in paragraph 1, lay down the rules and conditions governing the annual accounts and, where necessary in respect of the intervention measures referred to in paragraph 2, determine the items to be taken into account for purposes of financing where these have not been determined within the framework of a common organization of the market.

Until these matters are determined, and save any provision to the contrary of this Regulation, Regulations (EEC) No 786/69 ( 6 ), (EEC) No 787/69 ( 7 ), (EEC) No 788/69 ( 8 ), (EEC) No 2334/69 ( 9 ), (EEC) No 2305/70 ( 10 ), (EEC) No 2306/70 ( 11 ), (EEC) No 1697/71 ( 12 ), (EEC) No 272/72 ( 13 ) and (EEC) No 273/72 ( 14 ) relating to the financing of intervention expenditure in the various sectors shall remain in force.

Article 5

In the case of funds originating in the Member States used for intervention purchasing of products, the amount of the interest charges to be financed by the EAGGF, Guarantee Section, shall be calculated using a method and an interest rate uniform throughout the Community, to be determined in accordance with the procedure laid down in accordance with Article 13 of Regulation (EEC) No 729/70. The interest rate must be representative of the interest rates actually paid.

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Notwithstanding the first subparagraph, the Commission is hereby authorized ►M13 ◄ to set the uniform interest rate at a level below its representative level. If the interest rate borne by a Member State is lower than the rate fixed, the Commission may fix the uniform interest rate for this Member State at that lower level.

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By way of derogation from the first subparagraph, if the interest rate borne by a Member State is more than twice the uniform interest rate, the Commission may, for the financial years 2005 and 2006, in financing the interest costs incurred by that Member State, cover the amount which corresponds to the uniform rate of interest plus the difference between double that rate and the actual rate borne by the Member State.

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Article 6

Material operations arising from the storage and, where appropriate, processing of intervention products shall be financed by the EAGGF, Guarantee Section, by means of standard amounts uniform throughout the Community, to be laid down in accordance with the procedure provided for in Article 13 of Regulation (EEC) No 729/70 and, where necessary, after examination of the matter by the management committee concerned.

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Notwithstanding the first subparagraph, the Commission is hereby authorized, in respect of the financial years 1989 to 1992, to fix the uniform standard amounts at a level corresponding to three-quarters of the uniform standard amounts established on the normal basis.

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Costs arising from the special measures designed to guarantee the utilization and/or destination of products held by intervention agencies for given purposes, which are adopted under the common organizations of the market and the costs of which are borne by the EAGGF Guarantee Section shall also be financed by standard amounts uniform throughout the Community. The standard amounts shall be determined in accordance with the procedure laid down in the first subparagraph.

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Article 7

In the annual accounts referred to in Article 4 (1), the quantities of products in storage to be carried forward to the following year shall, as a rule, be valued at their buying-in price. Procedures for fixing the price for the quantities to be carried out to the following financial year shall be determined for the various products on the basis of the book values recorded by the intervention agencies in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70.

Article 8

1. Where, for a given product, the estimated selling price for products in public intervention storage is lower than their buying-in price, a depreciation percentage shall be applied when the relevant product is bought in. Such percentage shall be fixed for each product in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70 before the beginning of each year.

2. The depreciation percentage shall not exceed the difference between the buying-in price and the foreseeable disposal price for the relevant product.

3. The Commission may restrict depreciation at the time of buying-in to a part of the percentage calculated in accordance with paragraph 2. This part cannot be less than 70 % of the depreciation fixed under the provisions of paragraph 1.

In such cases, the Commission shall effect a second depreciation at the end of the financial year, in accordance with the method indicated at paragraph 5.

4. From 1989 to 1992, extraordinary depreciations shall be effected at the beginning of each year on the basis of the appropriations entered in the respective Community budgets, so as to bring the storage situation back to normal by 1992.

5. For the depreciations referred to in the second subparagraph of paragraph 3 and in paragraph 4 the Commission shall determine, according to the procedure laid down in Article 13 of Regulation (EEC) No 729/70, the overall amounts of depreciation by product and by Member State.

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Article 9

Where necessary, detailed implementing rules of this Regulation shall be adopted in accordance with the procedure laid down in Article 13 Regulation (EEC) No 729/70.

Article 10

Regulation (EEC) No 2824/72 is hereby repealed.

Article 11

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall apply to expenditure incurred as from 1 January 1978. However, Article 7 shall apply as from 1 January 1979.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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ANNEX

MEASURES REFERRED TO IN ARTICLE 1

I. CEREALS AND RICE

A. Cereals

1. The buying in and consequent transactions carried out by an intervention agency pursuant to Article 7 (1), (2) and (3) of Regulation (EEC) No 2727/75.

2. The particular and special intervention measures provided for in Article 8 (1) and (2) of Regulation (EEC) No 2727/75.

3. The carry-over payments in respect of stocks remaining at the end of the marketing year provided for in Article 9 of Regulation (EEC) No 2727/75.

4. The production aid for durum wheat provided for in Article 10 of Regulation (EEC) No 2727/75.

5. The production refunds and premiums for potato starch provided for in Article 11 of Regulation (EEC) No 2727/75.

6. The subsidies provided for in Article 23 of Regulation (EEC) No 2727/75.

B. Rice

1. The buying in and consequent transactions carried out by an intervention agency pursuant to Article 5 (1), (2) and (3) of Regulation (EEC) No 1418/76.

2. The special intervention measures provided for in Article 6 of Regulation (EEC) No 1418/76.

3. The carry-over payments in respect of stocks remaining at the end of the marketing year provided for in Article 8 of Regulation (EEC) No 1418/76.

4. The production refunds provided for in Article 9 of Regulation (EEC) No 1418/76.

5. The subsidies for deliveries of Community rice to the French overseas department of Reunion provided for in Article 1 la of Regulation (EEC) No 1418/76.

II. SUGAR

1. The storage costs provided for in Article 8 (2) of Regulation (EEC) No 1785/81.

2. The buying in and consequent transactions carried out by an intervention agency pursuant to Article 9 (1), 11 and 34 of Regulation (EEC) No 1785/81.

3. The premiums for sugar rendered unfit for human consumption provided for in Article 9 (2) of Regulation (EEC) No 1785/81.

4. The production refunds provided for in Article 9 (3) of Regulation (EEC) No 1785/81.

5. The measures taken to permit the marketing of sugar produced in the French overseas departments pursuant to Article 9 (4) of Regulation (EEC) No 1785/81.

6. The special intervention measures to help guarantee supplies provided for in Article 10 of Regulation (EEC) No 1785/81.

7. The import subsidies provided for in Article 18 (2) of Regulation (EEC) No 1785/81.

8. The amount referred to in Article 6 of Regulation (EEC) No 1789/81 levied on sugar from the minimum stock marketed other than in accordance with the rules laid down.

III. OLIVE OIL

1. The production aid provided for in Article 5 (1) of Regulation No 136/66/EEC.

2. The consumption aid provided for in Article 11 (1) of Regulation No 136/66/EEC.

3. The publicity campaigns and other projects to promote the consumption of olive oil provided for in Article 11 (6) of Regulation No 136/66/EEC.

4. The buying in and consequent transactions carried out by an intervention agency pursuant to Article 12 (1) and (2) of Regulation No 136/66/EEC.

5. The measures provided for in Article 13 of Regulation No 136/66/EEC (buffer stock).

6. The production refunds in respect of olive oil used in the manufacture of preserved fish and vegetables provided for in Article 20a of Regulation No 136/66/EEC.

7. The storage contracts provided for in Article 20d (3) of Regulation No 136/66/EEC.

8. The corrective amount granted or levied in trade between Greece and the other Member States provided for in Article 3 of Regulation (EEC) No 2919/82.

IV. OILSEEDS AND PROTEIN PLANTS

A. Oilseeds

A.1. Colza, rape and sunflower seeds

1. The buying in and consequent transactions carried out by an intervention agency pursuant to Article 26 (1) of Regulation No 136/66/EEC.

2. The aid in respect of harvested and processed oilseeds provided for in Article 27 (1) of Regulation No 136/66/EEC.

3. The early marketing allowance provided for in Article 27 (2) of Regulation No 136/66/EEC.

4. Any derogating measures adopted pursuant to Article 36 of Regulation No 136/66/EEC.

5. The differential amounts granted or levied at the time of the processing of colza, rape and sunflower seed provided for in Regulation (EEC) No 1569/72.

A.2. Other oilseeds

1. The aid for soya provided for in Article 2 of Regulation (EEC) No 1614/79.

2. The aid for linseed provided for in Article 2 of Regulation (EEC) No 569/76.

3. The aid for castor seed provided for in Article 2 of Regulation (EEC) No 2874/77.

4. The supplementary aid for castor seed provided for in Article 1 of Regulation (EEC) No 1610/79.

B. Protein plants

B.1. Peas, field beans and sweet lupin

1. The aid for Community products used in the manufacture of feedingstuffs provided for in Article 3 (1) of Regulation (EEC) No 1431/82.

2. The aid for Community products used for human or animal consumption provided for in Article 3 (2) of Regulation (EEC) No 1431/82.

B.2. Dried fodder

1. The flat-rate production aid provided for in Article 3 of Regulation (EEC) No 1117/78.

2. The supplementary aid provided for in Article 5 of Regulation (EEC) No 1117/78.

V. TEXTILE PLANTS AND SILKWORMS

A. Fibre flax and hemp

1. The production aid provided for in Article 4 of Regulation (EEC) No 1308/70.

2. The private storage aid provided for in Article 5 of Regulation (EEC) No 1308/70.

3. The measures to encourage the use of flax fibres provided for in Article 1 of Regulations (EEC) No 2511/80 and (EEC) No 1423/82.

B. Silkworms

The aid for silkworm rearing provided for in Article 2 of Regulation (EEC) No 845/72.

VI. FRUIT AND VEGETABLES

A. Fresh fruit and vegetables

1. The financial compensation granted to producers' organizations provided for in Article 18 of Regulation (EEC) No 1035/72.

2. The compensation to non-member producers referred to in Article 18a of Regulation (EEC) No 1035/72.

3. The buying in provided for in Articles 19 and 19a of Regulation (EEC) No 1035/72 when the Community market is in a state of serious crisis.

4. The measures to dispose of products withdrawn from the market provided for in Article 21 (1) and (3) of Regulation (EEC) No 1035/72.

5. The compensation granted to farmers pursuant to Article 21 (2) of Regulation (EEC) No 1035/72.

6. The financial compensation designed to promote the marketing of Community citrus fruit provided for in Articles 6 and 8 of Regulation (EEC) No 2511/69.

7. The financial compensation designed to encourage the processing of certain varieties of oranges provided for in Article 3 of Regulation (EEC) No 2601/69.

8. The financial compensation intended to encourage the marketing of products processed from lemons provided for in Regulation (EEC) No 1035/77.

B. Processed fruit and vegetables

1. The production aid for tinned pineapple provided for in Article 1 of Regulation (EEC) No 525/77.

2. The production aid for certain products processed from fruit and vegetables provided for in Article 3 of Regulation (EEC) No 516/77.

3. The special measures for dried grapes and dried figs provided for in Article 4 (4) of Regulation (EEC) No 516/77.

4. The storage aid and financial compensation for dried grapes and dried figs provided for in Article 4 (5) and (6) of Regulation (EEC) No 516/77 and in Article 10 of Regulation (EEC) No 2194/81 (1981 to 1983 harvests).

5. The aid for the restorage (SIC! re-storage) of dried grapes of the sultana variety provided for in Article 10 (a) of Regulation (EEC) No 2194/81.

6. The financial compensation provided for in Article 1 (4) of Regulation (EEC) No 1603/83.

VII. PRODUCTS OF THE WINE-GROWING SECTOR

1. The aid for the private storage of table wine, grape must, concentrated grape must and rectified concentrated grape must provided for in Article 7 of Regulation (EEC) No 337/79.

2. The aid for the restorage (SIC! re-storage) of table wine provided for in Article 10 of Regulation (EEC) No 337/79.

3. The preventive distillation provided for in Article 11 of Regulation (EEC) No 337/79.

4. The additional measures reserved to the holders of long-term storage contracts provided for in Article 12a of Regulation (EEC) No 337/79.

5. The measures intended to encourage expansion of the markets for table wine provided for in Article 12b of Regulation (EEC) No 337/79.

6. The aid for concentrated grape must and rectified concentrated grape must used to increase alcoholic strength provided for in Article 14 of Regulation (EEC) No 337/79.

7. The aid for grape must used to produce grape juice, British wines, Irish wines and other similar drinks, provided for in Article 14a of Regulation (EEC) No 337/79.

8. The distillation of table wine and any other appropriate measure provided for in Article 15 of Regulation (EEC) No 337/79.

9. The aid granted, as well as the portion of the expenditure incurred by the intervention agencies in respect of the distillation operations provided for in Articles 39 and 40 of Regulation (EEC) No 337/79, financed by the EAGGF Guarantee Section.

10. The measures to dispose of the products of the distillation operations provided for in Articles 39 and 40 taken pursuant to Article 40a of Regulation (EEC) No 337/79.

11. The aid granted in respect of the compulsory distillation of table wine provided for in Article 41 of Regulation (EEC) No 337/79.

12. The buying in of alcohol and consequent transactions carried out by an intervention agency pursuant to Articles 41 and 41a of Regulation (EEC) No 337/79.

13. The measures intended to encourage the use of methods other than distillation provided for in Article 41c of Regulation (EEC) No 337/79.

14. The intervention measures for products other than table wine provided for in Article 57 of Regulation (EEC) No 337/79.

15. The derogating measures consequent on natural disasters provided for in Article 62 of Regulation (EEC) No 337/79.

VIII. RAW TOBACCO

1. The premiums provided for in Articles 3 and 4 of Regulation (EEC) No 727/70.

2. The buying in and consequent transactions carried out by an intervention agency pursuant to Articles 5, 6 and 7 of Regulation (EEC) No 727/70.

IX. OTHER AGRICULTURAL SECTORS OR PRODUCTS

A. Seeds

The production aid provided for in Article 3 of Regulation (EEC) No 2358/71.

B. Hops

The production aid provided for in Article 12 of Regulation (EEC) No 1696/71.

C. Bee-keeping

1. The aid provided for in Article 1 of Regulation (EEC) No 1196/81.

2. The ad hoc research programme into varroamite disease provided for in Article 2a of Regulation (EEC) No 1196/81.

X. MILK AND MILK PRODUCTS

A. Skimmed milk

1. The buying in of skimmed-milk powder and consequent transactions carried out by an intervention agency pursuant to Article 7 (1) and (2) of Regulation (EEC) No 804/68.

2. The private storage aid for skimmed-milk powder provided for in Article 7 (3) of Regulation (EEC) No 804/68.

3. The aid for skimmed milk and skimmed-milk powder used for animal feedingstuffs provided for in Article 10 of Regulation (EEC) No 804/68.

4. The aid for skimmed milk processed into casein or caseinates provided for in Article 11 of Regulation (EEC) No 804/68.

B. Butter

1. The buying in of butter and consequent transactions carried out by an intervention agency pursuant to Article 6 (1) and the first subparagraph or the first sentence of the second subparagraph of Article 6 (3) of Regulation (EEC) No 804/68.

2. The private storage aid for butter and cream provided for in Article 6 (2) of Regulation (EEC) No 804/68.

3. The special measures for the disposal of butter provided for in the second sentence of the second subparagraph of Article 6 (3) of Regulation (EEC) No 804/68.

C. Other measures

1. The additional levy provided for in Article 5c of Regulation (EEC) No 804/68.

2. The buying in of Grana Padano and Parmigiano Reggiano cheeses and consequent transactions carried out by an intervention agency pursuant to Article 8 (1) and (2) of Regulation (EEC) No 804/68.

3. The private storage aid for Grana Padano, Parmigiano Reggiano and Provolone cheeses provided for in Article 8 (3) of Regulation (EEC) No 804/68.

4. The intervention measures for long-keeping cheeses provided for in Article 9 of Regulation (EEC) No 804/68.

5. The measures relating to the reduction of surpluses of milk products provided for in Article 12 of Regulation (EEC) No 804/68.

6. The Community aid granted for supplying milk products to pupils in educational establishments pursuant to Article 26 (1) of Regulation (EEC) No 804/68.

7. The non-marketing premiums for milk and milk products and the premiums for the conversion of dairy herds to meat production provided for in Article 1 of Regulation (EEC) No 1078/77 ( 15 ).

8. The co-responsibility levy and the measures to expand the markets for milk products pursuant to Articles 1 and 4 of Regulation (EEC) No 1079/77.

9. The measures intended to support the incomes of small-scale milk producers provided for in Article 2a of Regulation (EEC) No 1079/77.

XI. BEEF AND VEAL

1. The private storage aid provided for in Article 5 (1) (a) of Regulation (EEC) No 805/68.

2. The buying in and consequent transactions carried out by an intervention agency pursuant to Articles 5, 6 and 7 of Regulation (EEC) No 805/68.

3. The exceptional market support measures provided for in Article 23 of Regulation (EEC) No 805/68.

4. The calf premiums provided for in Article 1 of Regulation (EEC) No 1201/82, as amended by Regulation (EEC) No 1215/83, and in Article 1 of Regulation (EEC) No 1064/84.

5. The premiums for the slaughter of certain adult cattle provided for in Article 1 of Regulation (EEC) No 1200/82, as amended by Regulation (EEC) No 1217/83.

6. The premium for the slaughter of certain adult bovine animals provided for in Article 1 of Regulation (EEC) No 1063/84 and the equivalent amount referred to in Article 3 of that same Regulation.

7. The premiums for maintaining suckler cows provided for in Articles 1 and 3 (1) of Regulation (EEC) No 1357/80.

8. The premiums additional to the premiums for maintaining suckler cows provided for in Regulation (EEC) No 1199/82, as amended by Regulation (EEC) No 870/84.

XII. SHEEPMEAT AND GOATMEAT

1. The premiums granted to sheepmeat producers to offset loss of income provided for in Article 5 of Regulation (EEC) No 1837/80.

2. The private storage aid provided for in Article 6 (1) (a) of Regulation (EEC) No 1837/80.

3. The buying in and consequent transactions carried out by an intervention agency pursuant to Article 6 (1) (b) Regulation (EEC) No 1837/80.

4. The variable slaughter premiums for sheep provided for in Article 9 (1) of Regulation (EEC) No 1837/80.

5. The exceptional market support measures provided for in Article 22 of Regulation (EEC) No 1837/80.

XIII. PIGMEAT

1. The private storage aid provided for in the first indent of the first subparagraph of Article 3 of Regulation (EEC) No 2759/75.

2. The buying in and consequent transactions carried out by an intervention agency pursuant to Articles 3, 4, 5 and 6 of Regulation (EEC) No 2759/75.

3. The private storage aid provided for in Article 20 of Regulation (EEC) No 2759/75.

XIV. PROVISIONS COMMON TO SEVERAL SECTORS

1. The monetary compensatory amounts levied and granted in trade between Member States pursuant to Regulation (EEC) No 974/71.

2. The accession compensatory amounts granted in trade between Member States and Greece pursuant to Articles 43 and 61 of the 1979 Act of Accession.

XV. FISHERY PRODUCTS

1. The financial compensation granted by the Member States to producers' organizations provided for in Article 13 of Regulation (EEC) No 3796/81.

2. The free distribution of goods withdrawn from the market pursuant to Article 13 of Regulation (EEC) No 3796/81.

3. The carry-over premiums provided for in Article 14 (1) of Regulation (EEC) No 3796/81.

4. The special carry-over premiums for anchovies and sardines provided for in Article 14 (3) of Regulation (EEC) No 3796/81.

5. The private storage aid provided for in Article 16 of Regulation (EEC) No 3796/81.

6. The compensation to Community tuna producers provided for in Article 17 of Regulation (EEC) No 3796/81.

7. The compensation to Community salmon and lobster producers provided for in Article 18 of Regulation (EEC) No 3796/81.

XVI. MEASURE TO WHICH THE PROVISIONS OF REGULATION (EEC) No 729/70 HAVE BEEN ADDITIONALLY APPLIED, ‘MUTATIS MUTANDIS’

Aid for unginned cotton provided for in Article 5 of Regulation (EEC) No 2169/81.