1.7.97 Official Journal of the European Communities No L 173/69 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 ('), 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(?), 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 (*) and (EC) No 1169/97 of 26 June 1997 on detailed rules for the application of Council Regula- tion (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits () stipulate that the processing contracts referred to in Article 2 (2) of Regulation (EC) No 2201/96 and in Article 2 (1) of Regu- lation (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 () or pursuant to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (%), as last amended by Commission Regulation (EC) No 1363/95(), 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 () OJ No L 297, 21. 11. 1996, p. 29. () OJ No L 297, 21. 11. 1996, p. 49. () OJ No L 78, 20. 3. 1997, p. 14. () OJ No L 169, 27. 6. 1997, p. 15. () OJ No L 297, 21. 11. 1996, p. 1. () OJ No L 118, 20. 5. 1972, p. 1. ( L 132, 16. 6. 1995, p. 8. 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, HAS ADOPTED THIS REGULATION: Article 1 For the 1997/98 marketing year, where a producer organ- ization has applied to a Member State for recognition pursuant to Article 11 of Regulation (EC) No 2200/96 and that Member State has not yet ruled on the application, the producer organization may conclude the processing contracts referred to in Article 7 (1) (a) of Regulation (EC) No 504/97 and in Article 5 (1) (a) of Regulation (EC) No 1169/97. For the purpose of the payment of the aid referred to in Article 2 (2) of Regulation (EC) No 2201/96 and in Article 3 (1) of Regulation (EC) No 2202/96, such contracts shall be valid from the time of recognition of the producer organization by the Member State. Within the framework of Regulation (EC) No 504/97, the parties to the contract shall determine and bear the con- sequences resulting from the rejection of the application for recognition. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.