# COMMISSION REGULATION (EC) No 1438/2004

of 11 August 2004

setting the minimum price to be paid to producers for dried plums and the production aid for prunes for the 2004/2005 marketing year

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products [^1] , and in particular Articles 6b(3) and 6c(7) thereof,

Whereas:

**(1)** Article 3 of the Commission Regulation (EC) 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables [^2] , lays down the dates of the marketing years.

**(2)** The criteria for setting the minimum price and the production aid are laid down in Articles 6b and 6c respectively of Regulation (EC) No 2201/96.

**(3)** The products for which the minimum price and the aid are to be set are listed in Article 3 of Commission Regulation (EC) No 464/1999 of 3 March 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid arrangements for prunes [^3] and the characteristics that these products must possess are laid down in Article 2 of that Regulation. The minimum price and the production aid should therefore be set for the 2004/2005 marketing year.

**(4)** The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

## **Article 1**

For the 2004/2005 marketing year:

(a) the minimum price referred to in Article 3 of Regulation (EC) No 2201/96 for dried ‘d'Ente’ plums shall be EUR 1 935,23 per tonne net ex-producer's premises;

(b) the production aid referred to in Article 4 of that Regulation for prunes shall be EUR 923,17 per tonne net.

## **Article 2**

This Regulation shall enter into force on the third day following its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 August 2004. *For the Commission* Franz FISCHLER *Member of the Commission*

[^1] [OJ L 297, 21.11.1996, p. 29](http://publications.europa.eu/resource/oj/JOL_1996_297_R_TOC) . Regulation as last amended by Commission Regulation (EC) No 386/2004 ( [OJ L 64, 2.3.2004, p. 25](http://publications.europa.eu/resource/oj/JOL_2004_064_R_TOC) ).

[^2] [OJ L 218, 30.8.2003, p. 14](http://publications.europa.eu/resource/oj/JOL_2003_218_R_TOC) . Regulation as last amended by Regulation (EC) No 1132/2004 ( [OJ L 219, 19.6.2004, p. 3](http://publications.europa.eu/resource/oj/JOL_2004_219_R_TOC) ).

[^3] [OJ L 56, 4.3.1999, p. 8](http://publications.europa.eu/resource/oj/JOL_1999_056_R_TOC) . Regulation as amended by Regulation (EC) No 2198/2003 ( [OJ L 328, 17.12.2003, p. 20](http://publications.europa.eu/resource/oj/JOL_2003_328_R_TOC) ).

[^1]: . Regulation as last amended by Commission Regulation (EC) No 386/2004 ().
[^2]: . Regulation as last amended by Regulation (EC) No 1132/2004 ().
[^3]: . Regulation as amended by Regulation (EC) No 2198/2003 ().