13. 5. 95 Official Journal of the European Communities No L 108/11 COMMISSION REGULATION (EC) No 1067/95 of 12 May 1995 amending Regulation (EEC) No 3478/92 laying down detailed rules for the application of the premium system for raw tobacco THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty estabhshmg 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 7 and 27 thereof, Whereas Regulation (EEC) No 2075/92 lays down that, from the 1994 harvest on, Member States may pay the premium direct to the producers and that, starting with that same harvest, the producers may carry over their surplus production to the next harvest, up to a maximum of 10 % of the quota allocated to them ; whereas that Regulation also provides for the introduction of a single system of production quotas from the 1995 harvest on, and for an option whereby Member States may pay advances on the premium to the producers; whereas Commission Regulation (EEC) No 3478/92(), as last amended by Regulation (EC) No 1958/94 (%), should be amended by laying down the detalled rules for these provisions ; Whereas the essential details of the cultivation contract need to be specified so that account is taken of cases where a Member State opts for direct payment of the premium to the producer; Whereas, should producers carry over their surplus production to the following harvest, provision should be made whereby the competent bodies can check that, during the following harvest, those involved reduce their production by a corresponding amount so that the accu- mulated quotas for the two harvests in question are observed ; Whereas the final dates for concluding and registering the contracts should be fixed sufficiently early so that from the start of the harvest year, producers have a stable market outlet for their next harvest and processing under- takings are ensured of a regular supply ; whereas, for the 1995 harvest, provision should be made for the Member States to defer these final dates; Whereas producer groups in certain Member States undertake first processing themselves ; whereas pursuant () OJ No L 215, 30. 7. 1992, p. 70. @ OJ No L 73, 1. 4. 1995, p. 13. () OJ No L 351, 2. 12. 1992, p. 17. () O No L 198, 30. 7. 1994, p. 91. to Article 3 of 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 (), the system which had been established by that Regulation provided for the possibility of undertaking first processing on the basis of a cultivation declaration instead of a cultivation contract; whereas Regulation (EEC) No 2075/92 has replaced Regulation (EEC) No 727/70 but no longer provides for this possibility ; Whereas, because the absence of this facility created tran- sitional difficulties in this sector and the short time lapse between the reform and its implementation made it diffi- cult to abandon this trading practice in good time, Regu- lation (EEC) No 3478/92 had to be amended so that, while providing for strict and specific controls to prevent fraud, operators making use of this facility in the past might undertake first processing during the 1993 and 1994 harvests ; whereas these provisions should be main- tained for the 1995 harvest, while making specific provi- sion for cases where additional quantities have been allo- cated pursuant to Article 11 (3) of Commission Regula- tion (EC) No 1066/95(); Whereas the conditions governing the grant of advances to producers and the deduction of such advances from the premiums payable should be specified ; Whereas, pursuant to Article 20 (1) of Regulation (EEC) No 2075/92, Member States must decide upon the measures needed to ensure compliance with the Commu- nity provisions on raw tobacco; whereas, however, the control measures must satisfy certain requirements to ensure that their application is broadly uniform in the Member States ; Whereas, in accordance with points (a) and (c) of Article § of Regulation (EEC) No 2075/92, the grant of the premium is subject to the condition that the leaf tobacco comes from a specified production area and is delivered on the basis of a cultivation contract; whereas these conditions may be easily circumvented if there is no check to verify that the area declared on the contract has actually been cultivated with the variety indicated; whereas a minimum number of checks by the Member () OJ No L 94, 28. 4. 1970, p. 1. () OJ No L 91, 7. 4. 1992, p. 1. () See page 5 of this Official Journal.