Commission Regulation (EEC) No 3643/88 of 23 November 1988 derogating for the 1988/89 marketing year from Regulation (EEC) No 1562/85 laying down detailed rules for the application of measures to encourage the processing of oranges and the marketing of products processed from lemons as regards the conversion rate to be applied to the minimum price to be paid to the producer and the financial compensation

COMMISSION  REGULATION (EEC) No 3643/88
of 23 November 1988
derogating for the 1988/89 marketing year from Regulation (EEC) No 1562/85 laying down detailed rules for the application of measures to encourage the processing of oranges and the marketing of products processed from lemons as regards the conversion rate to be applied to the minimum price to be paid to the producer and the financial compensation
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2601/69 of 18 December 1969 laying down special measures to encourage the processing of certain varieties of oranges (1), as last amended by Regulation (EEC) No 2241/88 (2), and in particular Articles 2 (3) and 3 (2) thereof,
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 (3), as last amended by Regulation (EEC) No 1353/86 (4), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (5), as last amended by Regulation (EEC) No 1636/87 (6), and in particular Article 5 (3) thereof,
Whereas the representative rates currently applicable were fixed by Council Regulation (EEC) No 1678/85 (7), as last amended by Regulation (EEC) No 2185/88 (8), and whereas pursuant to that Regulation, changes in certain representative rates applicable to oranges and lemons will occur on 1 January 1989;
Whereas that change will fully concern intervention operations from 1 January 1989 under Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (9), as last amended by Regulation (EEC) No 2238/88 (10);
Whereas Article 11 of Commission Regulation (EEC) No 1562/85 (11), as last amended by Regulation (EEC) No 1715/86 (12), provides that the conversion rate to be applied to the minimum price to be paid to the producer is to be that in force on 1 December for lemons delivered to the industry in the period 1 December to 31 May and that in force on 1 October for oranges delivered to the industry throughout the marketing year; whereas, in order to avoid disruption of the market from 1 January 1989 owing in particular to distortion of competition between products which may be sold for processing and those which may be withdrawn for which the new representative rates apply on 1 January 1989, account should be taken of the fact that for quantities delivered to the processing industry from 1 January 1989 in respect of the 1988/89 marketing year, the conversion rate to be applied to the minimum price is to be that in force on 1 January 1989; whereas owing to the link existing between financial compensation and the minimum price to be paid to the producer, the operative event for the former, for quantities delivered to the processing industry from 1 January 1989 in respect of the 1988/89 marketing year, must be deemed to have occurred on 1 January 1989;
Whereas, to enable operators to take account of these changes, the final date for concluding contracts for the processing of lemons must be adopted for products to be delivered from 1 January 1989;
Whereas, in order to ensure adequate monitoring of the measures laid down, applications for financial compensation on the one hand and administrative notification on the other must make a distinction according to whether the quantities of oranges or lemons are delivered to the industry, in respect of the 1988/89 marketing year in 1988 or 1989;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,