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( 1 ) OJ NO L 73 , 21 . 3 . 1977 , P . 1 .

( 2 ) OJ NO L 341 , 31 . 12 . 1979 , P . 1 .

( 3 ) OJ NO L 179 , 1 . 7 . 1978 , P . 21 .

( 4 ) OJ NO L 40 , 16 . 2 . 1980 , P . 43 .

COMMISSION REGULATION ( EEC ) NO 1348/80

OF 30 MAY 1980

AMENDING REGULATION ( EEC ) NO 1530/78 LAYING DOWN RULES FOR THE APPLICATION OF THE SYSTEM OF AID IN RESPECT OF CERTAIN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2999/79 ( 2 ), AND IN PARTICULAR ARTICLE 3C THEREOF ,

WHEREAS , UNDER REGULATION ( EEC ) NO 516/77 , THE SYSTEM OF PRODUCTION AID ALSO APPLIES TO HARD-FLESHED HEART CHERRIES AND OTHER SWEET CHERRIES AND TO MORELLO CHERRIES IN SYRUP ; WHEREAS THE PERIOD OF VALIDITY OF THE CONTRACTS CONCLUDED BETWEEN COMMUNITY PRODUCERS AND PROCESSORS SHOULD THEREFORE BE SPECIFIED AND THE CONTRACTING PARTIES SHOULD BE ALLOWED TO INCREASE , BY MEANS OF A SUPPLEMENTARY AGREEMENT , THE QUANTITIES INITIALLY CONTRACTED FOR ;

WHEREAS ARTICLE 7 OF COMMISSION REGULATION ( EEC ) NO 1530/78 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 376/80 ( 4 ), DEFINED THE EVENT IN WHICH PRODUCTION AID IN RESPECT OF CERTAIN PROCESSED PRODUCTS BECOMES DUE AND PAYABLE ; WHEREAS , AS A RESULT OF THE SYSTEM OF AID HAVING BEEN EXTENDED WITH EFFECT FROM THE 1980/81 MARKETING YEAR TO HARD-FLESHED HEART CHERRIES AND OTHER SWEET CHERRIES AND TO MORELLO CHERRIES IN SYRUP , THE EVENT IN WHICH PRODUCTION AID BECOMES DUE AND PAYABLE IN RESPECT OF THOSE PRODUCTS SHOULD ALSO BE FIXED ; WHEREAS , FOR THIS PURPOSE , THAT EVENT SHOULD BE CONSIDERED AS OCCURRING AT THE BEGINNING OF THE MARKETING YEAR FOR EACH OF THE PRODUCTS CONCERNED ;

WHEREAS , IN ORDER TO FACILITATE THE OPERATION OF THE SYSTEM OF AID , IT IS APPROPRIATE TO FIX THE DATE WHICH IS TO BE TAKEN FOR DETERMINING THE CONVERSION RATE TO BE APPLIED TO THE MINIMUM PURCHASE PRICE REFERRED TO IN ARTICLE 3A ( 3 ) OF REGULATION ( EEC ) NO 516/77 ;

WHEREAS , BECAUSE OF THE CONNECTION BETWEEN PRODUCTION AID AND THE MINIMUM PRICE , THE DATE TAKEN FOR THE CONVERSION RATE TO BE APPLIED TO THAT PRICE SHOULD BE THE SAME AS THE DATE ON WHICH THE AID BECOMES DUE AND PAYABLE ;

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1530/78 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 1 ( 2 ) AND ( 3 ) SHALL BE AMENDED TO READ AS FOLLOWS :

' 2 . PROCESSING CONTRACTS SHALL BE CONCLUDED :

- BEFORE 5 JUNE IN RESPECT OF TOMATOES TO BE SUPPLIED TO THE INDUSTRY DURING THE PERIOD 1 JULY TO 15 NOVEMBER ,

- BEFORE 15 JUNE IN RESPECT OF PEACHES TO BE SUPPLIED TO THE INDUSTRY DURING THE PERIOD 1 JULY TO 30 SEPTEMBER ,

- BEFORE 1 JULY IN RESPECT OF WILLIAMS PEARS TO BE SUPPLIED TO THE INDUSTRY DURING THE PERIOD 15 JULY TO 15 NOVEMBER ,

- BEFORE 25 AUGUST IN RESPECT OF DRIED PLUMS ( PRUNES D ' ENTE ) TO BE SUPPLIED TO THE INDUSTRY DURING THE PERIOD 5 SEPTEMBER TO 31 DECEMBER ,

- BEFORE 12 MAY IN RESPECT OF HARD-FLESHED HEART CHERRIES AND OTHER SWEET CHERRIES TO BE SUPPLIED TO THE INDUSTRY DURING THE PERIOD 12 MAY TO 15 SEPTEMBER ,

- BEFORE 15 MAY IN ITALY AND 1 JULY IN THE OTHER MEMBER STATES IN RESPECT OF MORELLO CHERRIES TO BE SUPPLIED TO THE INDUSTRY DURING THE PERIOD 20 MAY TO 15 SEPTEMBER .

HOWEVER , FOR THE 1980/81 MARKETING YEAR , CONTRACTS MAY BE CONCLUDED UNTIL 10 JULY IN RESPECT OF TOMATOES , PEACHES , HARD-FLESHED HEART CHERRIES AND OTHER SWEET CHERRIES AND OF MORELLO CHERRIES .

HOWEVER , MEMBER STATES MAY BRING FORWARD THE CLOSING DATE FOR THE CONCLUSION OF CONTRACTS FOR TOMATOES .

3 . DURING THE PERIODS REFERRED TO IN PARAGRAPH 2 , THE CONTRACTING PARTIES MAY DECIDE TO INCREASE , BY MEANS OF A SUPPLEMENTARY WRITTEN AGREEMENT THE QUANTITIES INITIALLY SPECIFIED IN THE CONTRACT .

SUCH AGREEMENTS SHALL BE CONCLUDED NOT LATER THAN :

- 15 SEPTEMBER IN RESPECT OF TOMATOES ,

- 15 AUGUST IN RESPECT OF PEACHES ,

- 15 SEPTEMBER IN RESPECT OF WILLIAMS PEARS ,

- 15 NOVEMBER IN RESPECT OF DRIED PLUMS ( PRUNES D ' ENTE ),

- 31 JULY IN RESPECT OF HARD-FLESHED HEART CHERRIES AND OTHER SWEET CHERRIES ,

- 31 AUGUST IN RESPECT OF MORELLO CHERRIES .

THE ADDITIONAL QUANTITY COVERED BY A SUPPLEMENTARY AGREEMENT MAY NOT EXCEED 20 % OF THE QUANTITY SPECIFIED IN THE INITIAL CONTRACT . HOWEVER , IN THE CASE OF DRIED PLUMS ( PRUNES D ' ENTE SECHEES ), THIS LIMIT SHALL BE 30 % . '

2 . ARTICLE 7 SHALL BE AMENDED TO READ AS FOLLOWS :

' ARTICLE 7

1 . THE EVENT , WITHIN THE MEANING OF ARTICLE 6 OF REGULATION ( EEC ) NO 1134/68 , IN WHICH PRODUCTION AID BECOMES DUE AND PAYABLE SHALL BE CONSIDERED AS OCCURRING :

- IN RESPECT OF ALL TOMATO-BASED PRODUCTS AND PRESERVED PEACHES IN SYRUP , ON 1 JULY ,

- IN RESPECT OF WILLIAMS PEARS IN SYRUP , ON 15 JULY ,

- IN RESPECT OF PRUNES , ON 1 SEPTEMBER ,

- IN RESPECT OF HARD-FLESHED HEART CHERRIES AND OTHER SWEET CHERRIES AND MORELLO CHERRIES IN SYRUP , ON 12 MAY .

2 . THE CONVERSION RATE TO BE APPLIED TO THE MINIMUM PRICE , EXPRESSED IN ECU , SHALL BE THE REPRESENTATIVE RATE IN FORCE ON 1 JULY IN RESPECT OF TOMATOES AND PEACHES , ON 15 JULY IN RESPECT OF WILLIAMS PEARS , ON 1 SEPTEMBER IN RESPECT OF DRIED PLUMS ( PRUNES D ' ENTE ) AND ON 12 MAY IN RESPECT OF HARD-FLESHED HEART CHERRIES AND OTHER SWEET CHERRIES AND MORELLO CHERRIES . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE 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 , 30 MAY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT