21. 7. 92 Official Journal of the European Communities No L 203/9 COMMISSION REGULATION (EEC) No 2008/92 of 20 July 1992 amending Regulation (EEC) No 1558/91 laying down detailed rules for the application of the system of production aid for products processed from fruit and vegetables ; THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (), as last amended by Regulation (EEC) No 1569/92 (%), and in particular Article 3 (4) thereof, Whereas Article 13 of Commission Regulation (EEC) No 1558/91 () states that processors may make a provisi- onal aid application; whereas early payment is condi- tional on certain requirements; whereas experience has shown that one of these is in practice interpreted diffe- rently from one national administration to another; whereas that provision should therefore be made more precise ; Whereas it would be advisable to strengthen the penalty provisions applicable to processors who fail to comply with the rules laid down by Regulation (EEC) No 1558/91, particularly where false declarations are made ; Whereas the provisions of this Regulation will apply with effect from the 1992/93 marketing year onwards ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegeta- bles, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 1558/91 is hereby amended as follows : 1. in Article 13 (1) point (d) is replaced by the following : (d) a declaration in which the processor specifies the quantity of tomatoes for which producers have already been paid a price equal to or more than the minimum price and gives the references of the contracts concluded to which his declaration relates ;’ 2. in the first paragraph of Article 17 the first and second indents shall be replaced by: ‘— 10 % if the excess is more than 1 % but not more than 5 % of the financial compensation due — 40 % if the excess is more than 5§ % but not more than 30 %. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply with effect from the 1992/93 marketing year. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 July 1992. () OJ No L 49, 27. 2. 1986, p. 1. ) OJ No L 166, 20. 6. 1992, p. 5. () OJ No L 144, 8. 6. 1991, p. 31. For the Commission Ray MAC SHARRY Member of the Commission