CELEX: 51996PC0240(01)
Language: en
Date: 1996-06-03
Title: Proposal for a COUNCIL REGULATION (EC) derogating, for the 1996/97 marketing year, from Regulation (EC) No 1035/77 laying down special measures to encourage the marketing of products processed from lemon

Avis juridique important

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51996PC0240(01)

Proposal for a COUNCIL REGULATION (EC) derogating, for the 1996/97 marketing year, from Regulation (EC) No 1035/77 laying down special measures to encourage the marketing of products processed from lemon  /* COM/96/0240 FINAL - CNS 96/0144 */  

Official Journal C 208 , 19/07/1996 P. 0016

Proposal  for a Council Regulation (EC) derogating, for the 1996/97 marketing year, from Regulation (EC) No  1035/77 laying down special measures to encourage the marketing of products processed from lemon  (96/C  208/09) COM(96) 240 final - 96/0144(CNS)(Submitted by the Commission on 5 June  1996) 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 lemons, 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 1996/97, to pay the financial compensation  directly to producers under certain conditions as from the entry into force of this Regulation; Whereas using this possibility will prevent Member States, for reasons of management and control,  from having recourse to the provisions for granting financial compensation as referred to in  Article 2 of Regulation (EEC) No 1035/77  (1), HAS ADOPTED THIS REGULATION: Article 1 Notwithstanding Article 2 of Regulation (EC) No 1035/77, Member  States may pay financial compensation directly to producers for the quantities delivered by the  latter under contracts as referred to in Article 1 (2) of that Regulation that are concluded after  the entry into force of this 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 1 (3)  and the financial compensation referred to in Article 2 of that Regulation. 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  Regulation (EEC) No 1035/72  (1). 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 until end of the 1996/97 marketing year. This Regulation shall be binding in its entirety and directly applicable in all  Member States. (1)  OJ No L 125, 19. 5. 1977, p. 3. (1)  OJ No L 118, 20. 5. 1972, p. 1. Regulation as last amended by Regulation (EC) No 1363/95 (OJ  No L 132, 16. 6. 1995, p. 8).