Commission Regulation (EC) No 1578/98 of 22 July 1998 amending Regulations (EEC) No 3478/92 and (EC) No 1066/95 in the raw tobacco sector as regards the allocation of supplementary production quotas and amendments to cultivation contracts for the 1997 harvest in Italy
Date: 1998-07-22
Institutions: European Commission
Subjects: Italy, production quota, tobacco

23. 7. 98

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EN

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Official Journal of the European Communities

L 206/19

COMMISSION REGULATION (EC) No 1578/98

of 22 July 1998

amending Regulations (EEC) No 3478/92 and (EC) No 1066/95 in the raw tobacco
sector as regards the allocation of supplementary production quotas and
amendments to cultivation contracts for the 1997 harvest in Italy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2075/92
of 30 June 1992 on the common organisation of the
market in raw tobacco (1), as last amended by Regulation
(EC) No 2595/97 (2), and in particular Articles 7 and 11
thereof,

Whereas the detailed rules for the application of
the
premium system and the quota system for raw tobacco
were laid down respectively by Commission Regulation
(EEC) No 3478/92 (3), as last amended by Regulation (EC)
No 842/98 (4), and Commission Regulation (EC) No
1066/95 (5), as
last amended by Regulation (EC) No
1135/98 (6);

the exceptional
Whereas account should be taken of
circumstances in tobacco production regions in Italy
during the 1997 harvest as a result of which some of the
production-quota certificates allocated could not be used;

Whereas Italy should therefore be permitted to allocate
supplementary quota
the difference
certificates
between the quantities
actually delivered and the
guarantee threshold for a given variety group;

for

supplementary quotas

Whereas deliveries of raw tobacco under a production
quota received by an Italian producer under a reallocation
of
the
premium; whereas the parties to a cultivation contract
should consequently be allowed to increase the quantities
originally specified in that contract up to the limit of the
production quota;

should be eligible for

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 14a(2) of Regulation (EC) No 1066/95 is hereby
replaced by the following:

(1) OJ L 215, 30. 7. 1992, p. 70.
(2) OJ L 351, 23. 12. 1997, p. 11.
(3) OJ L 351, 2. 12. 1992, p. 17.
(4) OJ L 120, 23. 4. 1998, p. 8.
(5) OJ L 108, 13. 5. 1995, p. 5.
(6) OJ L 157, 30. 5. 1998, p. 102.

‘2. Notwithstanding paragraph 1, in respect of the
1997 harvest, the competent authority in Italy may,
within the limits of the guarantee threshold set for a
given variety group and after ascertaining that all de-
liveries of this variety group have been made in ac-
cordance with Article 9 of Regulation (EEC) No
3478/92, reallocate supplementary quota certificates
corresponding to the unused quota.

The competent authority in Italy shall allocate these
supplementary quota certificates
for each variety
group to producers who:

— have previously received quota certificates for the
relevant variety in respect of the 1997 harvest,

— still have surplus production after delivery of all
cultivation

covered

their

by

the quantities
contract.’

Article 2

Article 2(7) of Regulation (EEC) No 3478/92 is hereby
replaced by the following:

In respect of the 1997 harvest, the parties to a
‘7.
cultivation contract in Italy may increase by means of
a written amendment the quantities initially specified
in the contract, provided the following requirements
are met:

(a) the producer has been issued with a supplement-
ary production-quota certificate under Article
14a(2)
of Commission Regulation (EC) No
1066/95 (*);

(b) the amendment specifies the producer’s surplus
production at the locations and for the harvest
covered by the contract;

(c) the amendment is submitted for registration to the
competent authority before 22 August 1998.

(*) OJ L 108, 13. 5. 1995, p. 5.’

Article 3

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

L 206/20

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EN

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Official Journal of the European Communities

23. 7. 98

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

Done at Brussels, 22 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission