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( 1 ) OJ NO C 75 , 3 . 4 . 1981 , P . 37 .

( 2 ) OJ NO C 90 , 21 . 4 . 1981 , P . 101 .

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

( 4 ) OJ NO L 360 , 31 . 12 . 1980 , P . 16 .

COUNCIL REGULATION ( EEC ) NO 1118/81

OF 28 APRIL 1981

AMENDING REGULATION ( EEC ) NO 516/77 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),

WHEREAS ARTICLE 3A OF REGULATION ( EEC ) NO 516/77 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3454/80 ( 4 ), INTRODUCED A SYSTEM OF PRODUCTION AID FOR CERTAIN PROCESSED PRODUCTS ; WHEREAS , IF THE SITUATION PROVIDED FOR IN PARAGRAPH 5 OF ARTICLE 3A ARISES , IT IS POSSIBLE TO LIMIT THE GRANT OF AID TO A QUANTITY DETERMINED ON THE BASIS OF AVERAGE PRODUCTION IN THE THREE YEARS PRECEDING THE MARKETING YEAR FOR WHICH THE AID IS FIXED ;

WHEREAS EXPERIENCE HAS SHOWN THAT THE FINAL FIGURES TO BE USED FOR CALCULATING AVERAGE PRODUCTION OVER THREE YEARS ARE SOMETIMES NOT AVAILABLE IN TIME ; WHEREAS , IN ORDER TO AVOID THE DISADVANTAGE OF FIXING A MAXIMUM LEVEL ON THE BASIS OF PROVISIONAL DATA , PROVISION SHOULD BE MADE FOR THE MAXIMUM LEVEL TO BE FIXED ON THE BASIS OF THE MOST RECENT RELIABLE PRODUCTION DATA AVAILABLE ;

WHEREAS , FOR ADMINISTRATIVE REASONS , THIS MAXIMUM LEVEL SHOULD BE AMENDED ONLY WHERE CHANGES IN THE MARKET DEMAND FOR THE PRODUCT WARRANT SUCH AMENDMENT ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

IN ARTICLE 3A OF REGULATION ( EEC ) NO 516/77 , PARAGRAPH 5 SHALL BE REPLACED BY THE FOLLOWING :

' 5 . WHERE THE COMMUNITY PRODUCTION POTENTIAL FOR A PRODUCT REFERRED TO IN ANNEX IA IS LIKELY TO CAUSE A MAJOR IMBALANCE BETWEEN PRODUCTION AND MARKET POSSIBILITIES , THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , MAY DECIDE TO LIMIT THE GRANTING OF THE PRODUCTION AID TO A SPECIFIED QUANTITY . THIS QUANTITY SHALL BE FIXED TAKING INTO ACCOUNT THE AVERAGE COMMUNITY PRODUCTION IN THE LAST MARKETING YEARS FOR WHICH RELIABLE FIGURES ARE AVAILABLE . THE QUANTITY MAY BE AMENDED ON THE BASIS OF CHANGES IN MARKET POSSIBILITIES FOR THE PRODUCT CONCERNED ' .

ARTICLE 2

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 LUXEMBOURG , 28 APRIL 1981 .

FOR THE COUNCIL

THE PRESIDENT

J . DE KONING