12.

The implementing regulation contains the following provisions material to the present cases: ‘Article 2 For the purposes of this regulation: — ... — ... — producer means any natural or legal person or group thereof who delivers raw tobacco produced by himself or by the members of the group to a processing undertaking in his or the group's own name and on his or its own account, under a cultivation contract concluded by him or in his name, ... Article 3 1. The Member States shall set processing quotas for each processor and each group of varieties as defined in the Annex to [the basic regulation] by 10 February 1993 for the 1993 harvest ... at the latest. ... 3. No quota shall be allocated to a processor which does not undertake to issue cultivation certificates in accordance with Article 9. Article 4 The allocation of a quota or the issue of a cultivation certificate for a harvest shall be without prejudice to the allocation of quotas or the issue of cultivation certificates for subsequent harvests. Article 5 1. Quotas of processors shall be equal to the average quantity each produces as a percentage of the total average quantities calculated in accordance with Article 9 [of the basic regulation] ..., without prejudice to the third subparagraph of Article 9(3) of [the basic regulation]. ... Article 9 1. For each group of varieties, processors shall issue cultivation certificates, if need be at the request of the interested party, within the limit of their processing quotas to producers ... in proportion to the tobacco from the same group of varieties which they deliver in the 1989, 1990 and 1991 harvests. ... The abovementioned cultivation certificates shall indicate in particular the holder of the certificate, the group of varieties and the quantity of tobacco for which they are valid. 2. The Member States shall determine the procedures for the issuing of the cultivation certificates, as well as the measures to be taken for the prevention of fraud ... 3. Where a producer shows proof that his production has been abnormally low during a given harvest as a result of exceptional circumstances, the Member State shall calculate, at the request of the producer concerned, the quantity to be taken into consideration for that harvest in making out his cultivation certificate. The reference quantity of the relevant processing undertaking shall be adjusted accordingly. The Member States shall notify the Commission of any decisions they intend to take. ... 6. Cultivation certificates shall be issued by 31 March of the year of harvest at the latest. If applicable, the competent authorities shall issue these certificates to processors by 24 March of the same year at the latest. Article 10 1. Each producer shall deliver tobacco from any given group of varieties to a single processing undertaking only. Where he obtains a cultivation certificate from several processors to which he delivered tobacco from the 1989, 1990 and 1991 harvests and from the same group of varieties, the quantities shall be aggregated within the processing undertaking to which he delivered tobacco from the 1991 harvest. If the producer has delivered tobacco to several processors during the harvest, he shall indicate the undertaking from which he wishes to receive the cultivation certificate. ... 2. Producers may conclude cultivation contracts with a processing undertaking other than that which issued the cultivation certificate, on presentation of the latter. 3. The Member State shall transfer quotas between processors where the application of this Article so requires. Article 11 1. Cultivation certificates which have not been used to conclude contracts at the date fixed for the purpose must be returned to the processor in question by the producer no later than 10 working days after that date. ... 3. Quantities entered in unutilized cultivation certificates and other quantities which may be available shall be distributed by the processors fairly and on the basis of objective criteria before 1 May of the year of harvest. Such criteria may be laid down by the inter-branch organizations recognized in accordance with the provisions of [the basic regulation]. However, for the 1993 harvest, ... Italy [is] hereby authorized to extend the 1 May time-limit to 11 June. ... Article 21 Where a quota or a cultivation certificate covers a producer group which is also a producer of tobacco in accordance with the third indent of Article 2, the Member States shall ensure that the quantity is distributed fairly between all members of the group. In that case, the provisions of Title II shall apply mutatis mutandis to distribution between the members of the group; however, with the agreement of all the producers concerned, the group may undertake a different distribution with a view to improving organization of production.’