25. 6. 96 Official Journal of the European Communities No L 150/1 I (Acts whose publication is obligatory) COMMISSION REGULATION (EC)'No 1125/96 of 24 June 1996 amending Regulation (EC) No 97/95 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the minimum price and compensatory payment to be paid to potato producers and of Council Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Commission Regulation (EC) No 923/96 (%), and in particular Article 8 (5) thereof, Having regard to Council Regulation (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starch {}), as last amended by Regulation (EC) No 206/96 (*), and in particular Article 8 thereof, Whereas Commission Regulation (EC) No 97/95 (%), as last amended by Regulation (EC) No 206/96, lays down the detailed rules for the application of Regulation (EEC) No 1766/92 as regards the minimum price and compen- satory payment to be paid to potato producers and of Council Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch; Whereas Regulation (EC) No 97/95 fixes, among other things, the minimum starch content of potatoes delivered to starch producing undertakings at 13 %; whereas however, Commission Regulation (EC) No 2953/95 of 20 December 1995 fixing the minimum starch content for starch potatoes in certain Member States in the 1995/96 marketing year () derogates from this rule on the basis of the second subparagraph of Article 6 (2) of Regulation (EC) No 97/95 by fixing the minimum starch content for Austria, France, the Netherlands, Germany and Denmark at 12,8 %; Whereas, in the light of experience, this derogation should be permanently introduced into Regulation (EC) No 97/95, allowing starch producers to accept consign- ments of potatoes with a starch content of less than 13 % provided that the quantity of starch that can be manufac- () OJ No L 181, 1. 7. 1992, p. 21. () OJ No L 126, 24. 5. 1996, p. 37. () O] No L 197, 30. 7. 1994, p. 1. () OJ No L 27, 3. 2. 1996, p. 7. 9 O] No L 16, 24. 1. 1995, p. 3. (9 OJ No L 308, 21. 12. 1995, p. 44. tured from those potatoes does not exceed 1 % of their sub-quota; whereas the penalties for accepting consign- ments with a starch content lower than the minimum permitted content should be specified by supplementing Article 13; Whereas the definition of potatoes in Article 1 (f) must be revised; Whereas the conditions for the grant of the compensatory payment should be clarified by supplementing Article 7 and the conditions for the grant of the premium should be clarified by supplementing Article 11; Whereas the Management Committee for Cereals has not delivered an opinion within the time-limit set by its chairman, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 97/95 is amended as follows: 1. Article 1 (f) is replaced by the following: f) potatoes: potatoes intended for the manufacture of potato starch as referred to in Article 8 of Regula- tion (EEC) No 1766/92 and having a starch content of at least 13 %, except where the second subpara- graph of Article 6 (2) applies.; 2. Article 6 (2) is replaced by the following: 2. Accepted consignments must have a starch content of not less than 13 %. However, processing starch undertakings may accept consignments of potatoes with a starch content below 13 % provided that the quantity of starch that can be manufactured from these potatoes does not exceed 1 % of the sub-quota. The minimum price to be paid in this case shall be that valid for a starch content of 13 %.%; 3. the following sentence is added to the end of the first subparagraph of Article 7 (1) ‘No premium shall be granted for starch produced from potatoes that are not of sound and fair market- able quality nor for starch produced from potatoes whose starch content is below 13 %, except where the second subparagraph of Article 6 (2) applies.’;