****

( 1 ) OJ NO L 125 , 19 . 5 . 1977 , P . 3 .

( 2 ) OJ NO L 365 , 31 . 12 . 1980 , P . 3 .

( 3 ) OJ NO L 118 , 30 . 4 . 1981 , P . 3 .

( 4 ) OJ NO L 125 , 19 . 5 . 1977 , P . 23 .

( 5 ) OJ NO L 363 , 31 . 12 . 1980 , P . 89 .

COMMISSION REGULATION ( EEC ) NO 1413/81

OF 26 MAY 1981

FIXING , FOR THE 1981/82 MARKETING YEAR , THE MINIMUM PURCHASE PRICE FOR LEMONS DELIVERED TO THE INDUSTRY AND THE AMOUNT OF FINANCIAL COMPENSATION PAYABLE AFTER THEIR PROCESSING

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING //

REGARD TO COUNCIL REGULATION ( EEC ) NO 1035/77 OF 17 MAY 1977 LAYING DOWN SPECIAL MEASURES TO PROMOTE THE MARKETING OF LEMON PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3487/81 ( 2 ), AND IN PARTICULAR ARTICLE 3 THEREOF ,

WHEREAS , UNDER ARTICLE 1 ( 3 ) OF REGULATION ( EEC ) NO 1035/77 , THE MINIMUM PRICE WHICH PROCESSORS MUST PAY TO THE PRODUCER IS DERIVED FROM THE PURCHASE PRICE FOR CLASS III PLUS 15 % OF THE BASIC PRICE ; WHEREAS , TO SIMPLIFY MATTERS , THIS CALCULATION SHOULD BE BASED ON THE AVERAGE BASIC AND PURCHASE PRICES FIXED FOR THE 1981/82 MARKETING YEAR BY COUNCIL REGULATION ( EEC ) NO 1117/81 ( 3 );

WHEREAS , UNDER ARTICLE 2 OF REGULATION ( EEC ) NO 1035/77 , FINANCIAL COMPENSATION CANNOT EXCEED THE DIFFERENCE BETWEEN THE MINIMUM PURCHASE PRICE REFERRED TO IN ARTICLE 1 OF THE SAID REGULATION AND THE PRICES OBTAINING FOR THE BASIC PRODUCTS IN PRODUCER THIRD COUNTRIES ; WHEREAS , FOR THE PURPOSES OF CALCULATING THIS COMPENSATION AND WITH A VIEW TO ENCOURAGING OPTIMUM MARKETING OF LEMON PRODUCTS , IT WOULD SEEM ADVISABLE TO APPLY THE FULL DIFFERENCE BETWEEN THESE PRICES ;

WHEREAS , BECAUSE OF THE LATE PUBLICATION OF THE AMOUNTS OF THE MINIMUM PRICE AND FINANCIAL COMPENSATION , THE INTERESTED PARTIES HAVE BEEN UNABLE TO CONCLUDE CONTRACTS FOR THE FIRST PART OF THE 1981/82 MARKETING YEAR BY THE SPECIFIED TIME ; WHEREAS DEROGATIONS SHOULD THEREFORE BE MADE FROM THE DATES SPECIFIED IN COMMISSION REGULATION ( EEC ) NO 1045/77 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3482/80 ( 5 );

WHEREAS THE MANAGEMENT COMMITTEE FOR FRUIT AND VEGETABLES HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE MINIMUM PRICE REFERRED TO IN ARTICLE 1 ( 3 ) OF REGULATION ( EEC ) NO 1035/77 SHALL BE 14.79 ECU PER 100 KILOGRAMS NET FOR THE 1981/82 MARKETING YEAR ,

2 . THE SAID MINIMUM PRICE SHALL BE IN RESPECT OF PRODUCTS EX-PRODUCER ' S PACKAGING STATION .

ARTICLE 2

THE AMOUNT OF THE FINANCIAL COMPENSATION REFERRED TO IN ARTICLE 2 OF REGULATION ( EEC ) NO 1035/77 SHALL BE 8.78 ECU PER 100 KILOGRAMS NET FOR THE 1981/82 MARKETING YEAR .

ARTICLE 3

1 . BY WAY OF DEROGATION FROM ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 1045/77 , CONTRACTS FOR THE FIRST PART OF THE 1981/82 MARKETING YEAR MAY BE CONCLUDED UNTIL 30 JUNE 1981 .

2 . BY WAY OF DEROGATION FROM ARTICLE 1 ( 3 ) OF REGULATION ( EEC ) NO 1045/77 , SUPPLEMENTARY AGREEMENTS TO THE CONTRACTS REFERRED TO IN PARAGRAPH 1 MAY BE CONCLUDED UNTIL 30 SEPTEMBER 1981 .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JUNE 1981 .

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

DONE AT BRUSSELS , 26 MAY 1981 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION