3.2 96 Official Journal of the European Communities No L 27/7 COMMISSION REGULATION (EC) No 206/96 of 2 February 1996 amending Regulation (EC) No 97/95 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the minimum price and and compensatory payment to be paid to potato producers and 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 (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starch ('), as last amended by Regulation (EC) No 1863/95 (3), and in particular Article 8 thereof, Having regard to Council Regulation (EEC) No 2503/88 of 25 July 1988 on customs warehouses (°), and in parti- cular Article 18 thereof, Whereas Commission Regulation (EC) No 97/95 (%), as last amended by Regulation (EC) No 1949/95 (), lays down the detailed rules of application of Council Regula- tion (EEC) No 1766/92 (%), as last amended by Regulation 1863/95 ('), as regards the minimum price and compensa- tory payment to be paid to potato producers and Regula- tion (EC) No 1868/94 establishing a quota system in rela- tion to the production of potato starch ; Whereas products placed under the customs warehousing arrangements may only be subjected to certain standard operations listed in Article 28 (4) of Commission Regula- tion (EEC) No 3665/87 (), as last amended by Regulation (EC) No 1384/95 (°) ; whereas the definition of the opera- tions permitted other than those provided for in the abovementioned Article is explicitly laid down for each of the sectors concerned ; Whereas, in the interest of better management of existing storage capacity, in the case of unprocessed starch stored lose in a storehouse, warehouse or port silo for purposes of export in application of the payment arrangements for advance refunds, the right should be granted to store several lots of products falling within the same subhead- () OJ No L 197, 30. 7. 1994, p. 4. () OJ No L 179, 29. 7. 1995, p. 1. () OJ No L 225, 15. 8. 1988, p. 1. () OJ No L 16, 24. 1. 1995, p. 3. % OJ No L 187, 8. 8. 1995, p. 6. (9 OJ No L 181, 1. 7. 1992, p. 21. () OJ No L 179, 29. 7. 1995, p. 1. L L () OJ No () OJ No 351, 14. 12. 1987, p. 1. 134, 20. 6. 1995, p. 14. ing of the nomenclature used for export refunds in the same silo or storehouse; whereas, however, this right should be limited to Community products ; Whereas the scale of penalties laid down in Article 16 (1) of Regulation (EC) No 97/95 should be revised in the light of the duties applicable under the new common customs tariff ; Whereas, moreover, Regulation (EC) No 97/95 specifies what is to be done with sub-quotas of starch-producing undertakings which merge, change owner or cease commercial activity ; whereas it is essential to avoid modi- fications to sub-quotas arising from mergers being detri- mental to the interests of potato producers; whereas Member States should be authorized to allocate sub- quotas to other starch-producing undertakings than those directly concerned by the merger; 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 Regulation (EC) No 97/95 is hereby amended as follows : 1. The following -Article 15a is added after Article 15: Article 15a Where unprocessed starch produced by a starch- producing undertaking is stored loose under the customs warehousing or free zone procedure for the advance refund as defined in Council Regulation (EEC) No 565/80 ('), that starch may, in addition to the operations referred to in Article 28 (4) of Regulation (EEC) No 3665/87, also be mixed in the same storage place with other starches falling within the same subheading of the nomenclature used for the refunds, which have the same technical characteristics and fulfil the conditions required for the granting of export refunds and are also placed under the arrangements provided for by Regulation (EEC) No 3665/87 or Regulation (EEC) No 565/80. () OJ No L 62, 7. 3. 1980, p. S’