24. 1. 95 Official Journal of the European Communities No L 16/3 COMMISSION REGULATION (EC) No 97/95 of 17 January 1995 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 Regulation (EC) No 1866/94 (%), and in particular Article 8 thereof, Having regard to Council Regulation (EEC) No 1543/93 of 14 June 1993 fixing the amount of the premium paid to producers of potato starch during the 1993/94, 1994/95 and 1995/96 marketing years (*),.and in particular Article 3 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(¥), and in particular Article 8 thereof, Whereas Regulation (EC) No 1868/94 lays down a system of quotas for the production of potato starch which may benefit from Community aid ; whereas Member States are to allocate such quotas on the basis of production in a reference period and of investments made by under- takings producing potato starch before 31 January 1994 which did not give rise to production in the reference period ; whereas both criteria are of equal importance; whereas it is necessary to make provision for a propor- tionate adjustment to allocations in order to ensure that such producers do not exceed a Member State’s quota ; Whereas conditions should be set in order to ensure that only genuine investments which have given rise to more than a minimal increase in production before 31 January 1994 should be taken into account by Member States in the allocation of sub-quotas ; Whereas conditions should be included to ensure that the reserve of 110 000 tonnes, created to cover production in Germany in the marketing year 1996/97, is used only for cases where the production results from investments irre- versibly undertaken before 31 January 1994 and only after exhaustion of any quota made available as a result of the () OJ No L 181, 1. 7. 1992, p. 21. () OF No L 197, 30. 7. 1994, p. 1 () OJ No L 154, 25. 6. 1993, p. 4. () OJ No L 197, 30. 7. 1994, p. 4. cessation of trading of undertakings producing potato starch ; Whereas it is necessary to specify what matters should be covered by a cultivation contract between an undertaking producing potato starch and a producer so as to prevent the conclusion of contracts in excess of the undertaking’s sub-quota ; whereas such undertakings should be prohi- bited from accepting delivery of potatoes not covered by a cultivation contract, as this would put at risk the effective- ness of the quota system and the requirement that the minimum price under Article 8 (1) of Regulation (EEC) No 1766/92 be paid for all potatoes intended for starch production ; whereas, nevertheless, it should be possible, where climatic reasons lead to production in the areas covered by the cultivation contract of a larger quantity of potatoes or of potatoes with a higher starch content than was originally foreseen, for an undertaking producing potato starch to accept such potatoes provided that it pays the minimum price, referred to above; Whereas potatoes having a starch content of less than 13 % cannot be considered potatoes intended for the manufacture of potato starch within the meaning of " Article 8 of Regulation (EEC) No 1766/92 ; whereas pota- toes with a starch content of less than 13 % should not be accepted by starch producing undertakings ; whereas the Commission should, where climatic reasons lead to a lower starch content, and at the request of a Member State, be able to authorize the acceptance of potatoes having a starch content of not less than 12,8 % ; Whereas, for the sake of clarity, some of the provisions of Regulation (EEC) No 1543/93 which are compatible with, and necessary for, the application of the quota system should be incorporated in this Regulation ; Whereas it is necessary to define acceptable methods for determining the underwater weight of potatoes and to provide a table showing the corresponding starch content and aid payable; Whereas inspection measures should be introduced to ensure that only starch produced in accordance with the provisions of this Regulation gives rise to compensatory payments or to payment of the premium ; Whereas, in order to protect producers of potatoes intended for the production of starch, it is essential for - the minimum price set out in Article 8 (1) of Regulation (EEC) No 1766/92 to be paid for all potatoes ; whereas it is therefore necessary to provide for sanctions where the