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REGULATION ( EEC ) NO 2972/75 OF THE COMMISSION

OF 12 NOVEMBER 1975

AMENDING COMMISSION REGULATION ( EEC ) NO 208/70 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MEASURES TO ENCOURAGE THE PROCESSING OF ORANGES

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 ( 1 ) OF 18 DECEMBER 1969 LAYING DOWN SPECIAL MEASURES TO ENCOURAGE THE PROCESSING OF CERTAIN VARIETIES OF ORANGES , AS LAST AMENDED BY REGULATION ( EEC ) NO 2483/75 ( 2 ) AND IN PARTICULAR ARTICLES 2 ( 3 ) AND 3 ( 2 ) THEREOF ;

WHEREAS , TO ENCOURAGE THE PROCESSING OF CERTAIN VARIETIES OF ORANGES AND TO IMPROVE THE COMPETITIVE POSITION OF THE FINISHED PRODUCTS IN RELATION TO IMPORTS FROM NON-MEMBER COUNTRIES , REGULATION ( EEC ) NO 2601/69 WAS AMENDED SO THAT THE SYSTEM OF FINANCIAL COMPENSATION SHOULD BE EXTENDED TO THE TOTAL QUANTITY OF THIS PRODUCT USED BY THE PROCESSING INDUSTRY ; WHEREAS THE DETAILED RULES FOR THE PAYMENT OF FINANCIAL COMPENSATION FOR PROCESSING SET OUT IN COMMISSION REGULATION ( EEC ) NO 208/70 ( 3 ) OF 4 FEBRUARY 1970 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MEASURES TO ENCOURAGE THE PROCESSING OF ORANGES SHOULD THEREFORE BE AMENDED ACCORDINGLY ;

WHEREAS , PURSUANT TO ARTICLE 4 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 1134/68 ( 4 ) OF 30 JULY 1968 LAYING DOWN RULES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 653/68 ON CONDITIONS FOR ALTERATIONS TO THE VALUE OF THE UNIT OF ACCOUNT USED FOR THE COMMON AGRICULTURAL POLICY , FOR TRANSACTIONS CARRIED OUT WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY THE SUM OWED BY A MEMBER STATE OR DULY AUTHORIZED BODY , EXPRESSED IN THE NATIONAL CURRENCY AND REPRESENTING AMOUNTS FIXED IN UNITS OF ACCOUNT , SHALL BE PAID ON THE BASIS OF THE RELATIONSHIP BETWEEN THE UNIT OF ACCOUNT AND THE NATIONAL CURRENCY CONCERNED WHICH OBTAINED WHEN THE TRANSACTION OR PART THEREOF WAS CARRIED OUT ;

WHEREAS UNDER ARTICLE 6 OF REGULATION ( EEC ) NO 1134/68 THE DATE ON WHICH A TRANSACTION IS CARRIED OUT SHALL BE CONSIDERED TO BE THAT OF THE EVENT AS DEFINED BY COMMUNITY RULES , OR IN THE ABSENCE OF AND PENDING THE ADOPTION OF SUCH RULES , BY THE RULES OF THE MEMBER STATE CONCERNED , IN WHICH THE SUM INVOLVED BECOMES DUE AND PAYABLE ;

WHEREAS THE EVENT GIVING ENTITLEMENT TO FINANCIAL COMPENSATION FOR THE PROCESSING OF ORANGES OCCURS AT THE TIME OF SUCH PROCESSING ; WHEREAS , HOWEVER , IT IS DIFFICULT TO ESTABLISH THE EXACT DATE ON WHICH A GIVEN BATCH WAS PROCESSED ;

WHEREAS IT HAS BEEN ESTABLISHED THAT MOST OF THE ORANGES ARE PROCESSED BY THE END OF APRIL EACH YEAR AT THE LATEST ; WHEREAS , THEREFORE , TO ENSURE UNIFORM APPLICATION OF THE SYSTEM OF FINANCIAL COMPENSATION FOR SUCH PRODUCTS , WHEN CALCULATING THE AMOUNT IN THE NATIONAL CURRENCY THE RATE OF CONVERSION OBTAINING ON 1 MAY OF EACH YEAR SHOULD BE APPLIED ;

WHEREAS TO PREVENT FRAUD PROVISION SHOULD BE MADE FOR A REDUCTION IN FINANCIAL COMPENSATION WHERE AN ENTERPRISE HAS NOT PROCESSED THE TOTAL QUANTITY OF ORANGES PURCHASED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR FRUIT AND VEGETABLES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 2 OF REGULATION ( EEC ) NO 208/70 IS DELETED .

ARTICLE 2

THE FOLLOWING ARTICLE 7A SHALL BE ADDED TO REGULATION ( EEC ) NO 208/70 :

" ARTICLE 7A

THE EVENT WITHIN THE MEANING OF ARTICLE 6 OF REGULATION ( EEC ) NO 1134/68 IN WHICH FINANCIAL COMPENSATION BECOMES DUE AND PAYABLE SHALL BE CONSIDERED TO OCCUR ON 1 MAY OF EACH YEAR . "

ARTICLE 3

ARTICLE 9 OF REGULATION ( EEC ) NO 208/70 IS AMENDED TO READ AS FOLLOWS :

" FOR EACH UNDERTAKING , FINANCIAL COMPENSATION SHALL BE GRANTED FOR THE TOTAL QUANTITY PROCESSED UNDER CONTRACT , SUBJECT AS PROVIDED IN ARTICLE 6 ( 2 ) AND ON CONDITION THAT THE UNDERTAKING HAS ACTUALLY PROCESSED THE ENTIRE QUANTITY PURCHASED .

IF THIS CONDITION IS NOT FULFILLED , COMPENSATION SHALL BE REDUCED PRO RATA , EXCEPT IN CASES OF FORCE MAJEURE , BY AN AMOUNT CORRESPONDING TO THE DIFFERENCE BETWEEN THE QUANTITY PROCESSED AND THE TOTAL QUANTITIES PURCHASED , USING FOR SUCH CALCULATION THE SAME CLASSIFICATION OF PRODUCTS AS WAS MADE FOR THE PURPOSES OF PURCHASE UNDER THE PROCESSING CONTRACTS " .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 12 NOVEMBER 1975 .

FOR THE COMMISSION

P . J . LARDINOIS

MEMBER OF THE COMMISSION

( 1 ) OJ NO L 324 , 27 . 12 . 1969 , P . 21 .

( 2 ) OJ NO L 254 , 1 . 10 . 1975 , P . 5 .

( 3 ) OJ NO L 28 , 5 . 2 . 1970 , P . 12 .

( 4 ) OJ NO L 188 , 1 . 8 . 1968 , P . 1 .