13. 5. 95 Official Journal of the European Communities No L 108/5 COMMISSION REGULATION (EC) No 1066/95 of 12 May 1995 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the raw tobacco quota system for the 1995, 1996 and 1997 harvests THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization of the market in raw tobacco (), as last amended by Regulation (EC) No 711/95 (%), and in particular Articles 11, 14 and 27 thereof, ' ‘ Whereas Article 9 of Regulation (EEC) No 2075/92 intro- duces a quota system for the various groups of tobacco varieties for the 1995, 1996 and 1997 harvests ; whereas the quantities available by group of varieties are to be distributed between the Member States by the Council in accordance with the procedure laid down in Article 43 (2) of the Treaty; Whereas time limits should be set for the quotas to be allocated sufficiently early to enable producers to take account of them as far as possible in tobacco production ; Whereas the allocation of a certain quantity conferring entitlement to the premium for a given harvest does not imply the acquisition of any right as regards subsequent harvests ; ' Whereas Article 9 (3) of Regulation (EEC) No 2075/92 provides for production quotas to be allocated to produ- cers in proportion to the average quantities delivered for processing during the reference period; whereas that period includes 1990 and 1991 ; whereas deliveries should be grouped by harvest in order to take account in parti- cular of overruns in the maximum guaranteed quantities fixed pursuant to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (%), as last amended by Regulation (EEC) No 860/92 (%); Whereas the method for célculating quotas for the 1990 and 1991 harvests must be adjusted so-as to bar specula- tive tobacco production in excess of the maximum () OJ No L 215, 30. 7. 1992, p. 70. () O No L 73, 1. 4. 1995, p. 13. () O] No L 94, 28. 4. 1970, p. 1. () O No L 91, 7. 4. 1992, p. 1. guaranteed quantities applicable pursuant to Regulation (EEC) No 727/70 ; whereas that adjustment must entail reducing the quantities in question in proportion to the overrun ; Whereas provisions should be laid down to enable account to be taken of tobacco processed in a Member State other than that of production ; whereas in that case the quantity of raw tobacco in question should be taken over in the' Member State of production for the benefit of producers in that Member State; Whereas provision should be made for production quota certificates to be issued to producers on the basis of their tobacco deliveries during the reference year harvests; whereas Member States must be permitted to raise the quantities to be taken into consideration in order to take account of the particular situation of certain producers ; Whereas the threshold quantities applicable for a harvest may be greater than those fixed for the previous harvest for certain groups of varieties, but smaller for others; whereas the additional quantities should be allocated to those concerned in accordance with objective criteria, taking account of certain priorities to be determined by the Member States to suit their situation ; Whereas account should be taken of the conversion programme provided for in Article 14 of Regulation (EEC) No 2075/92 and of certain producers’ need to switch to producing varieties more in line with market requirements by setting aside for them some of the quan- tities available ; Whereas the quantities allocated to certain producers must be made available to other producers where the persons entitled do not conclude cultivation contracts; Whereas the possibility of transferring quotas should be restricted to cases economically justified by the transfer of ownership of the producer’s holding ; whereas temporary quota transfers must not be allowed, in order to prevent the circumvention of the restrictions laid down in the quota arrangements ; Whereas account should be taken of the joint operation ofa production unit by members of a family, in particular as regards minimum quantities per productxon quota certificate and the prevention of fraud;