Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES - PRODUCTION AID - METHOD OF FIXING - INCLUSION OF PROCESSING COSTS - METHOD OF ASSESSMENT - EXTENSION TO GREECE AFTER ACCESSION - WHETHER PERMISSIBLE

( EEC TREATY , THIRD PARAGRAPH OF ART . 40 ( 3 ); ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 103 ( 3 ); COUNCIL REGULATION NO 516/77 , ARTS 3A AND 3B )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES - PRODUCTION AID - CALCULATION - ACCOUNTING CURRENCY - APPLICABLE RATE OF EXCHANGE

( ACT OF ACCESSION OF THE HELLENIC REPUBLIC , ART . 103 ( 3 ); COMMISSION REGULATION NO 1618/83 , ARTS 1 ( 2 ) AND 6 ( 2 ))

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - DISCRIMINATION BETWEEN PRODUCERS OR CONSUMERS - AID FOR PRODUCERS OF TOMATO CONCENTRATES - INCLUSION OF PACKAGING COSTS - USE OF UNIFORM COEFFICIENTS FOR ALL COMMUNITY PRODUCERS WITHIN AN AID SCHEME WHICH DIFFERENTIATES BETWEEN MEMBER STATES - NOT PERMITTED

( EEC TREATY , SECOND AND THIRD PARAGRAPHS OF ART . 40 ( 3 ); COMMISSION REGULATIONS NOS 1615/83 AND 1618/83 , ART . 1 ( 2 ))

Summary

1 . FOR THE PURPOSE OF DETERMINING , UNDER COUNCIL REGULATION NO 516/77 , THE AMOUNT OF PRODUCTION AID FOR TOMATO CONCENTRATES AND PEACHES IN SYRUP , THE COMMISSION WAS ENTITLED TO APPLY TO THE GREEK MARKET THE METHOD WHICH IT HAD CHOSEN FOR THE OTHER MEMBER STATES . IT IS NOT IN PRINCIPLE CONTRARY TO ARTICLE 103 ( 3 ) OF THE GREEK ACT OF ACCESSION TO USE THE RECORDED INFLATION RATE IN GREECE FOR REVISING THE LEVEL OF PROCESSING COSTS OBTAINING THERE , SINCE THAT METHOD ENABLES A REALISTIC ESTIMATE TO BE MADE , IN GREECE , OF THE DEVELOPMENT OF THE INDUSTRIAL COSTS WHICH PLAY A PART IN THE CALCULATION OF THE AID . ONLY THE PRODUCTION OF EVIDENCE SHOWING THAT THE METHOD WAS UNSUITABLE COULD HAVE OBLIGED THE COMMISSION TO DISCARD IT .

2 . THE FACT THAT THE COMMISSION , IN PERFORMING THE NECESSARY CONVERSIONS AND CALCULATIONS FOR FIXING THE LEVELS OF PRODUCTION AID FOR TOMATO CONCENTRATES AND PEACHES IN SYRUP , CHOSE AS ITS ACCOUNTING CURRENCY THE CURRENCY OF THE MEMBER STATE WHICH HAD TRADITIONALLY BEEN THE MAIN PRODUCER OF THOSE GOODS IN THE COMMUNITY CANNOT LEAD TO ANY DISTORTION IN THE FIXING OF AID FOR OTHER MEMBER STATES , PROVIDED THAT THE SAME CURRENCY IS USED CONSISTENTLY FOR THE SAME OPERATIONS . THE USE OF THE EXCHANGE RATE OBTAINING ON THE DAY ON WHICH THE AID IS CALCULATED IS JUSTIFIED IN RESPECT OF A FINANCIAL BENEFIT WHOSE PURPOSE IS NOT TO OFFSET EXPENSES INCURRED IN THE PAST BUT TO ESTABLISH THE COMPETITIVE POSITION OF COMMUNITY GOODS WITH A VIEW TO THE FORTHCOMING MARKETING YEAR .

3 . THE COMMISSION COMMITTED A TECHNICAL ERROR IN REGULATION NO 1615/83 , BY TRANSPOSING THE MACHINERY OF UNIFORM COEFFICIENTS APPLICABLE , IN ORDER TO TAKE ACCOUNT OF PACKAGING COSTS , TO AID FOR PRODUCERS OF TOMATO CONCENTRATES THROUGHOUT THE COMMUNITY BEFORE THE ACCESSION OF GREECE , TO A SYSTEM OF AID WHICH DIFFERENTIATES BETWEEN GREEK PRODUCERS AND THOSE OF THE OTHER MEMBER STATES . THE APPLICATION OF ONE AND THE SAME COEFFICIENT TO DIFFERENT LEVELS OF AID LEADS TO AN UNJUSTIFIED REDUCTION OF THE AID GRANTED TO ALL GREEK PRODUCERS WHOSE PRODUCT DOES NOT MATCH THE SPECIFICATION OF THE STANDARD PACKAGING PRESCRIBED BY ARTICLE 1 ( 2 ) OF REGULATION NO 1618/83 , AND THUS CONFLICTS WITH THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 40 ( 3 ) OF THE EEC TREATY .