3.8.94 Official Journal of the European Communities No L 200/13 COMMISSION REGULATION (EC) No 1993/94 of 1 August 1994 amending Commission Regulation (EEC) No 1711/93 as regards the minimum price and compensatory payment to be paid to potato producers, and the premium to be paid to manufacturers of potato starch for the 1994/95 marketing 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 amended by Commission Regula- tion (EEC) No 2193/93 (%, and in particular Article 8 thereof, Having regard to Council Regulation (EEC) No 1543/93 of 28 June 1993 fixing the amount of the premium granted to producers of potato starch for the 1993/94, 1994/95 and 1995/96 marketing year (%), and in particular Article 3 thereof, Whereas Commission Regulation (EEC) No 1709/93 (%) adjusts the prices and amounts fixed in ecus in the cereals sector ; Whereas Commission Regulation (EEC) No 1711/93 (%) lays down detailed rules of application as regards the premium paid to producers of potato starch and the minimum price and compensatory payment to be paid to producers of potatoes intended for the manufacture of starch, on the basis of the starch content of the potatoes ; whereas the amounts fixed in that Regulation should be adjusted for the 1994/95 marketing year; Whereas the premium is paid to offset structural difficul- ties faced by the potato.starch industry ; whereas provision should be made to ensure that the minimum price is actually paid to growers in order to prevent any unfair competition which might disturb the starch market as a result of potatoes being supplied at a reduced price; whereas this cannot be achieved during the 1994/95 marketing year by measures designed to control produc- tion levels; - Whereas to this end it is appropriate to tighten the sanc- tions already provided for by making payment of the premium subject to proof that the minimum price has actually been paid for all the raw material applied; whereas the scale of sanctions should be amended accor- () OJ No L 181, 1. 7. 1992, p. 21. () OJ No L 196, 5. 8. 1993, p. 22. %) OJ No L 154, 25. 6. 1993, p. 4. 4 OJ No L 159, 1. 7. 1993, p. 80. () OJ No L 159, 1. 7. 1993, p. 84. dingly, while observing the principles of proportionality and freedom of choice for operators; Whereas the measures provided for in this Regulation are . in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION : Article 1 Annex II to Regulation (EEC) No 1711/93 is hereby replaced by the Annex to this Regulation. Article 2 Article 7 is hereby replaced by the following: Article 7 | The following payments shall be subject to the requi- rements set out below : — in the case of the compensatory payment provided for in Article 8 (2) of Regulation (EEC) No 1766/92 to potato producers and the premium provided for in Article 1 of Regulation (EEC) No 1543/93 payable to potato starch producers in the Community, to the requirement that the starch producers provide proof that the potato starch has been produced in the Community during the marketing year concerned which begins on 1 July and ends on 30 June of the following year, — in the case of the compensatory payment to potato producers, to the requirement that all the quanti- ties for which payment is applied for have been paid for, at the delivered-to-factory stage, at a price not less than that referred to in Article 8 (1) of Regulation (EEC) No 1766/92 and in accordance with the rates set out in Annex II, — in the case of the premium paid to potato starch producers, in accordance with the rates set out in Annex II, to the requirement that the latter have pad a price not less than that referred to in Article 8 (1) of Regulation (EEC) No 1766/92 to the potato producer, at the delivered-to-factory stage, for all the quantity of potatoes produced in the Community which they used in the manufacture of the starch.