CELEX: 51995PC0034(21)
Language: en
Date: 1995-02-17
Title: Proposal for a COUNCIL REGULATION (EC) No of derogating, for the 1995/96 marketing year, from Regulation (EC) No 3119/93 laying down special measures to encourage the processing of certain citrus fruits

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51995PC0034(21)

Proposal for a COUNCIL REGULATION (EC) No of derogating, for the 1995/96 marketing year, from Regulation (EC) No 3119/93 laying down special measures to encourage the processing of certain citrus fruits  /* COM/95/34FINAL - CNS 95/0049 */  

Official Journal C 099 , 21/04/1995 P. 0035

Proposal  for aCOUNCIL REGULATION (EC) No . . . of . . . derogating, for the 1995/96 marketing year, from Regulation (EC) No 3119/93 laying down special  measures to encourage the processing of certain citrus fruits(95/C 99/21)THE  COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas, within the framework of the Community scheme supporting the processing of citrus fruits,  it appears that certain processing companies are experiencing financial difficulties in paying the  minimum price to producers; whereas that situation should be taken into account when authorizing  the Member States, in respect of the new marketing year 1995/96, to pay the financial compensation  directly to producers under certain conditions; Whereas using this possibility will prevent Member States from having recourse to the provisions  for granting financial compensation as referred to in Article 3 of Council Regulation (EC) No  3119/93 (), HAS ADOPTED THIS REGULATION: Article 1 Notwithstanding Article 3 of Regulation (EC) No 3119/93, Member States may pay  financial compensation directly to producers for the quantities delivered by the latter under  contracts as referred to in the Article 2 of that Regulation. In that case, processors must pay to  producers a price which is at least equal to the difference between the minimum price referred to  in Article 3 and the financial compensation referred to in Article 4 of that Regulation. The provisions of the first paragraph shall not apply to satsumas. Article 2 Where Article 1 is applied, the financial compensation shall be paid to the producer at  his request when the control authorities in the Member States in which processing is carried out  have established that the products which are covered by contracts have been delivered. Article 3 The decision of the Member State to apply Article 1 must concern all producers and  processors on its territory. Article 4 The detailed rules for the application of this Regulation, in particular with regard to  the guarantee, shall be adopted in accordance with the procedure laid down in Article 33 of Council  Regulation (EEC) No 1035/72 (), as last amended by the Act of Accession of Austria, Finland and  Sweden. Article 5 This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities. It shall apply to the 1995/96 marketing year. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at . . . For the Council . . . () OJ No L 279, 12. 11. 1993, p. 17.  () OJ No L 118, 20. 11. 1972, p. 1.