No L 43/56 Official Journal of the European Communities 25. 2. 95 COMMISSION DECISION of 13 February 1995 approving parts of the Finnish programme for the implementation of Articles 138 to 140 of the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (Only the Finnish text is authentic) (95/33/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, and in particular Articles 138, 139 and 140 thereof, Whereas on 26 October 1994 Finland notified the Commission pursuant to Article 143 of the abovemen- tioned Act, the Finnish programme for the implementa- tion of its Article 138, 139 and 140 aids for a number of products and activities for the period 1995 to 1999 inclu- sive ; Whereas this notification was subject to modifications by letter dated 16 December 1994 ; Whereas the measures in the programme comply with Articles 139 and 140; Whereas the aids also comply with Article 138 as far as their level is concerned, as well as, in certain cases, as far as their form is concerned ; whereas in other cases the provisions of this article requiring the aid to be granted in an appropriate form is on the contrary not fulfilled ; Whereas it is appropriate for the aids granted to follow the principles of the reformed common agricultural policy ; whereas aid granted in relation to quantities produced is of a nature, when applied for longer than one year, to stimulate production more than ones based on area or headage and therefore under current Community market conditions is not appropriate except in the case of cows’ milk where Community quota arrangements keep production under control, and for potatoes for starch production where in accordance with the provisions of Article 138 (5), special measures are laid down which include quantitative limits for aid under this article; whereas the term appropriate form must be understood also as including respect of wvarious quantitative constraints laid down under various common market organizations ; Whereas, with the exception of cow’s milk and potatoes for starch production, the part of the programme provi- ding for aid granted in relation to quantities can therefore only be accepted on condition that after a first year to allow the smooth introduction of the transitional aid regime, the aids are, by way of appropriate conversion rates, transformed into area or headage payments unre- lated to quantities ; Whereas it is necessary for the Commission to be informed of the effective development of market prices in Finland for Finnish horticultural products included in this Decision in order to verify respect of the provisions of Article 138; whereas it is also necessary for the Commission to be informed on an annual basis of the application of this Decision for all products subject to aid ; Whereas for live plants and floriculture the Finnish programme complies with the first indent of Annex XIII paragraph 3 ; whereas as regards the second indent of that paragraph the Commission must still take the necessary action to ensure its respect; Whereas for certain products aids which may be granted will be determined at a later stage, HAS ADOPTED THIS DECISION : Article 1 The Commission authorizes Finland to grant within the limits and conditions set out in this decision : (a) the aids contained in the Annex I during the transi- tional period ; (b) the aids contained in Annex II: — in the form they are provided for 1995, — in the form of area or headage/livestock unit for the following years of the transitional period. Article 2 1. Aid shall be granted within the following limits for : — starch potatoes : national total of 179 166 tonnes per annum,