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( 1 ) OJ NO L 73 , 21 . 3 . 1977 , P . 1 .

( 2 ) OJ NO L 192 , 31 . 7 . 1979 , P . 3 .

( 3 ) OJ NO L 179 , 1 . 7 . 1978 , P . 21 .

COMMISSION REGULATION ( EEC ) NO 1732/79

OF 6 AUGUST 1979

AMENDING REGULATION ( EEC ) NO 1530/78 LAYING DOWN RULES FOR THE APPLICATION OF THE SYSTEM OF AID IN RESPECT OF CERTAIN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1639/79 ( 2 ), AND IN PARTICULAR ARTICLE 3C THEREOF ,

WHEREAS , UNDER REGULATION ( EEC ) NO 516/77 , THE SYSTEM OF PRODUCTION AID ALSO APPLIES TO FROZEN PEELED TOMATOES , TO TOMATO FLAKES , TO TOMATO JUICE FALLING WITHIN SUBHEADING EX 20.02 C OF THE COMMON CUSTOMS TARIFF AND TO WILLIAMS PEARS PRESERVED IN SYRUP ; WHEREAS THE PERIOD OF VALIDITY OF THE CONTRACTS CONCLUDED BETWEEN COMMUNITY PRODUCERS AND PROCESSORS SHOULD THEREFORE BE SPECIFIED AND THE CONTRACTING PARTIES SHOULD BE ALLOWED TO INCREASE , BY MEANS OF AN ENDORSEMENT TO THE CONTRACT , THE QUANTITIES INITIALLY CONTRACTED FOR ;

WHEREAS , IN ORDER TO FACILITATE MATTERS FOR UNDERTAKINGS PRODUCING TOMATO CONCENTRATES AND TOMATO JUICE , THE RULES RELATING TO THE SUBMISSION OF APPLICATIONS FOR AID RELATING TO THESE PRODUCTS SHOULD BE ADJUSTED ;

WHEREAS ARTICLE 6 OF COMMISSION REGULATION ( EEC ) NO 1530/78 ( 3 ) LAID DOWN PROVISIONS FOR DETERMINING , IN RESPECT OF EACH UNDERTAKING , THE QUANTITY ELIGIBLE FOR AID IN CASES COVERED BY ARTICLE 3A ( 5 ) OF REGULATION ( EEC ) NO 516/77 ; WHEREAS , IN ORDER TO SIMPLIFY APPLICATION OF THE SYSTEM PROVIDED FOR IN THE SAID ARTICLE 3A ( 5 ), THE PROVISIONS OF ARTICLE 6 OF REGULATION ( EEC ) NO 1530/78 SHOULD BE ADAPTED ;

WHEREAS ARTICLE 7 OF REGULATION ( EEC ) NO 1530/78 DEFINED THE EVENT IN WHICH PRODUCTION AID IN RESPECT OF CERTAIN PROCESSED PRODUCTS BECOMES DUE AND PAYABLE ; WHEREAS , AS A RESULT OF THE SYSTEM OF AID HAVING BEEN EXTENDED AS FROM THE 1979/80 MARKETING YEAR TO CERTAIN TOMATO-BASED PRODUCTS AND TO WILLIAMS PEARS PRESERVED IN SYRUP , THE DATE ON WHICH PRODUCTION AID BECOMES DUE AND PAYABLE IN RESPECT OF THOSE PRODUCTS SHOULD BE FIXED ; WHEREAS , FOR THIS PURPOSE , THAT DATE SHOULD BE CONSIDERED AS OCCURRING AT THE BEGINNING OF THE MARKETING YEAR FOR EACH OF THE PRODUCTS CONCERNED ;

WHEREAS , IN ORDER TO FACILITATE THE APPLICATION OF THE SYSTEM OF AID , IT IS ADVISABLE TO FIX THE DATE WHICH IS TO BE TAKEN FOR DETERMINING THE CONVERSION RATE TO BE APPLIED TO THE MINIMUM PURCHASING PRICE REFERRED TO IN ARTICLE 3A ( 3 ) OF REGULATION ( EEC ) NO 516/77 ;

WHEREAS , BECAUSE OF THE CONNECTION BETWEEN PRODUCTION AID AND THE MINIMUM PRICE , THE DATE TAKEN FOR THE CONVERSION RATE TO BE APPLIED TO THAT PRICE SHOULD BE THE SAME AS THE DATE ON WHICH THE AID BECOMES DUE AND PAYABLE ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1530/78 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 1 ( 2 ) AND ( 3 ) SHALL BE AMENDED TO READ AS FOLLOWS :

' 2 . PROCESSING CONTRACTS SHALL BE CONCLUDED :

- BEFORE 5 JUNE IN RESPECT OF TOMATOES TO BE DELIVERED TO THE INDUSTRY DURING THE PERIOD 1 JULY TO 15 NOVEMBER ,

- BEFORE 15 JUNE IN RESPECT OF PEACHES TO BE DELIVERED TO THE INDUSTRY DURING THE PERIOD 1 JULY TO 30 SEPTEMBER ,

- BEFORE 1 JULY IN RESPECT OF WILLIAMS PEARS TO BE DELIVERED TO THE INDUSTRY DURING THE PERIOD 15 JULY TO 15 NOVEMBER ,

- BEFORE 25 AUGUST IN RESPECT OF DRIED PLUMS ( PRUNES D ' ENTE ) TO BE DELIVERED TO THE INDUSTRY DURING THE PERIOD 5 SEPTEMBER TO 31 DECEMBER .

HOWEVER , FOR THE 1979/80 MARKETING YEAR , CONTRACTS MAY BE CONCLUDED UNTIL 31 JULY 1979 IN RESPECT OF TOMATOES AND PEACHES AND UNTIL 15 AUGUST 1979 IN RESPECT OF WILLIAMS PEARS .

3 . DURING THE PERIODS REFERRED TO IN PARAGRAPH 2 , THE CONTRACTING PARTIES MAY DECIDE TO INCREASE , BY MEANS OF A WRITTEN ENDORSEMENT TO THE CONTRACT , THE QUANTITIES INITIALLY SPECIFIED THEREIN .

SUCH ENDORSEMENTS SHALL BE MADE NOT LATER THAN :

- 15 SEPTEMBER IN RESPECT OF TOMATOES ,

- 15 AUGUST IN RESPECT OF PEACHES ,

- 15 SEPTEMBER IN RESPECT OF PRESERVED WILLIAMS PEARS ,

- 15 NOVEMBER IN RESPECT OF DRIED PLUMS ( PRUNES D ' ENTE ).

HOWEVER , FOR THE 1979/80 MARKETING YEAR , SUCH ENDORSEMENTS MAY BE MADE NOT LATER THAN 30 SEPTEMBER 1979 IN RESPECT OF TOMATOES TO BE USED IN THE MANUFACTURE OF FROZEN PEELED TOMATOES , TOMATO FLAKES AND TOMATO JUICE FALLING WITHIN SUBHEADING EX 20.02 C AND IN RESPECT OF WILLIAMS PEARS . FOR THE SAME MARKETING YEAR THE ENDORSEMENTS MAY RELATE TO A MAXIMUM OF 30 % OF THE INITIAL QUANTITIES SPECIFIED IN THE CONTRACTS . '

2 . THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 2 ) SHALL BE AMENDED TO READ AS FOLLOWS :

' AS REGARDS TOMATO CONCENTRATES AND TOMATO JUICE , THE STATEMENT REFERRED TO UNDER ( D ) MAY ALSO INCLUDE THE QUANTITY OF CONCENTRATE OR JUICE , NOT EXCEEDING 30 % OF THE TOTAL QUANTITY OBTAINED , WHICH MAY UNDERGO SUBSEQUENT MARKET PREPARATION . IN THIS CASE , THE APPLICATION FOR AID SHALL REFER ONLY TO THE QUANTITY FOR WHICH THE PROCESS OF MARKET PREPARATION IS ALREADY COMPLETE , AND A FURTHER APPLICATION FOR AID IN RESPECT OF THE REMAINDER MAY BE SUBMITTED NOT LATER THAN 30 APRIL OF THE CURRENT MARKETING YEAR . '

3 . ARTICLE 6 SHALL BE AMENDED TO READ AS FOLLOWS :

' ARTICLE 6

1 . IN CASES COVERED BY ARTICLE 3A ( 5 ) OF REGULATION ( EEC ) NO 516/77 , THE APPLICATION FOR AID SHALL BE SUPPORTED BY A STATEMENT OF THE QUANTITY PRODUCED BY THE PROCESSOR DURING THE MARKETING YEAR PRECEDING THE MARKETING YEAR IN QUESTION .

2 . WHERE PROCESSORS BEGIN PROCESSING DURING A MARKETING YEAR WITHIN WHICH ARTICLE 3A ( 5 ) OF REGULATION ( EEC ) NO 516/77 IS APPLIED , THE AID SHALL BE LIMITED TO A QUANTITY NOT EXCEEDING A PERCENTAGE , TO BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 20 OF THAT REGULATION , OF THE TOTAL QUANTITY FOR WHICH PROCESSORS REFERRED TO IN PARAGRAPH 1 MAY RECEIVE THE AID .

THE MEMBER STATE CONCERNED SHALL DETERMINE , WITHIN THE LIMIT OF THE PERCENTAGE REFERRED TO ABOVE , THE TOTAL QUANTITY ELIGIBLE FOR AID AND SHALL ALLOCATE IT FAIRLY AMONG THE NEW PROCESSORS .

3 . WHERE AN UNDERTAKING DECIDES NOT TO PROCESS THE PRODUCT IN QUESTION , THE MEMBER STATE SHALL ALLOCATE THE QUANTITY IN RESPECT OF WHICH THE SAID UNDERTAKING COULD HAVE RECEIVED THE AID AMONG THE NEW PROCESSORS , IN ACCORDANCE WITH PARAGRAPH 2 . ANY BALANCE REMAINING SHALL BE ALLOCATED FAIRLY AMONG THE OTHER PROCESSORS . '

4 . ARTICLE 7 SHALL BE AMENDED TO READ AS FOLLOWS :

' ARTICLE 7

1 . THE DATE , WITHIN THE MEANING OF ARTICLE 6 OF REGULATION ( EEC ) NO 1134/68 , ON WHICH PRODUCTION AID BECOMES DUE AND PAYABLE SHALL BE CONSIDERED AS OCCURRING :

- IN RESPECT OF TOMATO-BASED PRODUCTS AND PRESERVED PEACHES IN SYRUP , ON 1 JULY ;

- IN RESPECT OF WILLIAMS PEARS PRESERVED IN SYRUP , ON 15 JULY ;

- IN RESPECT OF PRUNES , ON 1 SEPTEMBER .

2 . THE CONVERSION RATE TO BE APPLIED TO THE MINIMUM PRICE , EXPRESSED IN ECU , SHALL BE THE REPRESENTATIVE RATE IN FORCE ON 1 JULY IN RESPECT OF TOMATOES AND PEACHES , ON 15 JULY IN RESPECT OF WILLIAMS PEARS AND 1 SEPTEMBER IN RESPECT OF DRIED PLUMS ( PRUNES D ' ENTE ). '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 6 AUGUST 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT