COMMISSION REGULATION (EEC) No 1181/93 of 14 May 1993 derogating from Regulations (EEC) No 1423/92, (EEC) No 278/93 and (EEC) No 1562/85 following the application of common prices in Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1035/77 of 17 May 1977 laying down special measures to encourage the marketing of products processed from lemons (1), as last amended by Regulation (EEC) No 1199/90 (2), and in particular Article 3 thereof,

Having regard to Council Regulation (EEC) No 2601/69 of 18 December 1969 laying down special measures to encourage the processing of mandarins, satsumas, clementines and oranges (3), as last amended by Regulation (EEC) No 3848/89 (4), and in particular

Articles 2 (3) and 3 (2) thereof,

Whereas, on the one hand, Commission Regulation (EEC) No 1423/92 (5) fixes for the 1992/93 marketing year the minimum price for lemons and the amount of the financial compensation after processing of such lemons and, on the other, Commission Regulation (EEC) No 278/93 (6) fixes, until the end of the 1992/93 marketing year, the minimum purchase price for oranges delivered for processing and the amount of the financial compensation after processing of such oranges;

Whereas Council Regulation (EEC) No 742/93 (7), establishes a common basic price and buying-in price applicable in Portugal as from 1 April 1993; whereas the minimum price and the financial compensation fixed by Regulations (EEC) No 1423/92 and (EEC) No 278/93 should be adjusted accordingly; whereas it is also necessary to adjust in the light of this new situation contracts concluded before 1 April 1993 but not yet carried out at 31 March 1993 and to derogate, up to the end of the 1992/93 marketing year, from the provisions of Articles 13 and 20 of Commission Regulation (EEC) No 1562/85 (8), as last amended by Regulation (EEC) No 2643/91 (9);

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

As from 1 April 1993,

- the minimum price fixed in Article 1 and the financial compensation fixed in Article 2 of Regulation (EEC) No 1423/92, and

- the minimum price fixed in Article 1 and the financial compensation fixed in Article 2 of Regulation (EEC) No 278/93,

applicable in Member States other than Portugal, with regard to lemons and oranges respectively, shall apply in Portugal.

Article 2

The competent authorities appointed by the Member States concerned shall ensure that the minimum price specified in contracts concluded before 1 April 1993 but not yet carried out at 31 March 1993 be adjusted in accordance with the provisions of Article 1.

Article 3

Applications for financial compensation, as referred to in Article 13 (1) of Regulation (EEC) No 1562/85, and notification by the Member States, as provided for in Article 20 of that Regulation, must differentiate between quantities delivered for processing before 1 April 1993 and quantities delivered after that date.

Article 4

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

It shall apply with effect from 1 April 1993.

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

Done at Brussels, 14 May 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 125, 19. 5. 1977, p. 3.

(2) OJ No L 119, 11. 5. 1990, p. 61.

(3) OJ No L 324, 27. 12. 1969, p. 21.

(4) OJ No L 374, 22. 12. 1989, p. 6.

(5) OJ No L 148, 29. 5. 1992, p. 21.

(6) OJ No L 33, 9. 2. 1993, p. 8.

(7) OJ No L 77, 31. 3. 1993, p. 8.

(8) OJ No L 152, 11. 6. 1985, p. 5.

(9) OJ No L 247, 5. 9. 1991, p. 21.