22. 12. 84 Official Journal of the European Communities No L 335/57 COMMISSION REGULATION (EEC) No 3646/84 of 21 December 1984 amending Regulation (EEC) No 3138/82 laying down detailed rules for the grant of a special carry-over premium for Mediterranean sardines and anchovies THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common orga- nization of the market in fishery products ('), and in particular Article 14 (7) thereof, Having regard to Council Regulation (EEC) No 2204/82 of 28 July 1982 laying down general rules for the granting of a special carry-over premium for Medi- terranean sardines and anchovies (), and in particular Article § thereof, Whereas experience gained since the entry into force of Commission Regulation (EEC) No 3138/82 () has shown the need for certain adjustments to the above- mentioned Regulation, and in particular for greater flexibility in the application of the system of contracts taking into account the general characteristics of production of the species concerned ; Whereas, to this end, the contracting parties should be authorized to reduce the quantities initially agreed below the 25 % tolerance margin laid down at present, when it has not been possible to comply with this margin for reasons outside the operators’ control ; Whereas significant differences have been found to occur in the granting of the premium where the quan- tities delivered have remained more than 25 % below the quantities initially agreed, and whereas the new more flexible provision should therefore be introduced in the interest of the operators concerned, with retro- active effect from 1 January 1983, and a new time limit should be fixed for the submission of applica- tions capable of benefiting from this new provision ; Whereas since processors supply requirements may lead to supplementary supplies being sought, the provisions relating to the conclusion of new contracts between the operators concerned should be amended ; Whereas the second paragraph of Article 10 of the same Regulation lays down that, in the event of late submission of an application for the premium, the security lodged against the grant of an advance on the () OJ No L 379, 29. 12. 1981, p. 1. (3 OJ No L 235, 10. 8. 1982, p. 7. () OJ No L 335, 29. 11. 1982, p. 9. premium can nevertheless be refunded subject to a deduction of 10 % ; whereas the same provision should be laid down, with retroactive effect from 1 January 1983, for the grant of the premium itself, and a new time limit should be fixed for the submission of applications capable of benefiting from this provision. Whereas, in particular where certain contracts are not fully executed, the processor may be forced to use, for the same lot of processed products, supplies of raw materials of various origins; whereas this situation entails serious difficulties in keeping stock records as regards the intended use of the merchandize ; whereas it should consequently be made clear that, with a view to the control of the processed products at the marke- ting stage, the total daily output of the undertaking should be entered into the general records of stocks of total finished products; Whereas, where an infringement of limited impor- tance is committed against the special carry-over premium scheme, the limited financial benefit deri- ving from such an infringement should not be pena- lized by complete loss of entitlement to the premium but simply by a flat-rate reduction in the latter; Whereas the measures provided for in this Regulation are. in accordance with the opinion of the Management Committee for Fishery Products, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 3138/82 is hereby amended as follows : 1. The following subparagraph is added to Article 3 @: ‘ ‘However, the additional clauses may relate to quantities falling short of the quantities originally specified by more than the abovementioned 25 % tolerance if it is shown to the satisfaction of the Member State that the failure to comply with the tolerance in question is due to significant changes - in the conditions affecting production of the raw material, in particular biological and climatic conditions, or to any other reason beyond the control of the operators.’