Commission Regulation (EC) No 1238/97 of 30 June 1997 on transitional measures concerning the detailed rules for the application of Council Regulations (EC) No 2201/96 and (EC) No 2202/96 as regards the conclusion of processing contracts for the 1997/98 marketing year

COMMISSION REGULATION (EC) No 1238/97 of 30 June 1997 on transitional measures concerning the detailed rules for the application of Council Regulations (EC) No 2201/96 and (EC) No 2202/96 as regards the conclusion of processing contracts for the 1997/98 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the market in processed fruit and vegetable products (1), and in particular Article 26 thereof,
Having regard to Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruit (2), and in particular Article 8 thereof,
Whereas Commission Regulations (EC) No 504/97 of 19 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of production aid for products processed from fruit and vegetables (3) and (EC) No 1169/97 of 26 June 1997 on detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits (4) stipulate that the processing contracts referred to in Article 2 (2) of Regulation (EC) No 2201/96 and in Article 2 (1) of Regulation (EC) No 2202/96 must be concluded by producer organizations recognized pursuant to Article 11 of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables (5) or pursuant to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (6), as last amended by Commission Regulation (EC) No 1363/95 (7), or by producer groups provisionally recognized pursuant to Article 14 of Regulation (EC) No 2200/96;
Whereas certain producer organizations have applied for recognition pursuant to Article 11 of Regulation (EC) No 2200/96; whereas, pending a decision by the Member State in that regard, they may not conclude processing contracts for the 1997/98 marketing year; whereas they should be authorized to conclude such contracts as a provisional measure for the first marketing year following implementation of the reform of the common market organization; whereas, in the case of processed products, the parties should provide for the consequences to be drawn in the event that the application for recognition is rejected by the Member State; whereas, in the case of citrus fruits, aid will be granted only after the Member State recognizes the producer organization;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,