COUNCIL REGULATION (EEC) No 1252/89 of 3 May 1989 fixing, for the 1989 harvest, the norm and intervention prices and the premiums granted to purchasers of leaf tobacco, the derived intervention prices for baled tobacco, the reference qualities, the production areas and the guaranteed maximum quantities and amending Regulations (EEC) No 1577/86, (EEC) No 1975/87 and (EEC) No 2268/88
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by Regulation (EEC) No 1251/89 (2), and in particular Articles 2 (5), 4 (4), 4 (5) and 6 (8) thereof,
Having regard to the proposal from the Commission (3),
Having regard to the opinion of the European Parliament (4),
Having regard to the opinion of the Economic and Social Committee (5),
Having regard to the opinion of the Monetary Committee,
Whereas, when the prices for raw tobacco are fixed, account should be taken both of the objectives of the common agricultural policy and of the contribution which the Community wishes to make to the harmonious development of world trade; whereas the objectives of the common agricultural policy are, in particular, to ensure a fair standard of living for the agricultural community, to assure the availability of supplies and to ensure that supplies reach consumers at reasonable prices;
Whereas the norm and intervention prices for leaf tobacco must be fixed in accordance with the criteria laid down in Article 2 (2) of Regulation (EEC) No 727/70 in order, in particular, to encourage producers to convert to the cultivation of those varieties which are most in demand and most competitive as well as being the least harmful to health;
Whereas it is again desirable to fix, in respect of the 1989 harvest, derived intervention prices both for the varieties which, before the common organization of the market came into force or, in the case of varieties grown in Greece, Spain
and Portugal, prior to accession, qualified for a price guarantee at the baled tobacco stage and for the varieties which are grown mainly in Germany, in order to take account of the marketing practices in that country;
Whereas Article 4 (5) of Regulation (EEC) No 727/70 stipulates the fixing each year, for the following year's harvest and within an overall quantity for the Community, and in line with the criteria specified in that Article, of a maximum guaranteed quantity for each tobacco variety or group of varieties grown in the Community, any overrun of which leads to a proportional reduction in the norm and intervention prices and in the premiums; whereas however these maximum guaranteed quantities must also be fixed for the harvest in progress; whereas they must therefore be set for both the 1989 and 1990 harvests;
Whereas, when the provisions on the production quantity control arrangements are applied, account should be taken of the differences in quality depending on the characteristics of the soil and the climate; whereas those conditions are met for the varieties Badischer Geudertheimer and hybrids thereof, Badischer Burley and Paraguay; whereas maximum guaranteed quantities should consequently be fixed for specific production areas for these varieties;
Whereas the premium granted to purchasers of Community tobacco is intended to enable them to pay producers of leaf tobacco a price which is at the level of the norm price, account being taken of the trend in world market prices, and the level of prices established by the interaction of supply and demand on the Community market;
Whereas the abovementioned prices and the amount of the premium must be fixed for each variety produced in recognized production areas and for a reference quality defined in such a way that as objective an assessment as possible can be made of the quality of the tobacco;
Whereas, for the 1989 harvest, the recognized production areas for each variety of tobacco should be specified and the definitions of the reference qualities should be those laid down in Council Regulation (EEC) No 2268/88 of 19 July 1988 fixing, for the 1988 harvest, the norm and intervention prices and the premiums granted to purchasers of leaf tobacco, the derived intervention prices for baled tobacco, the reference qualities, the production areas and the guaranteed maximum quantities and amending Regulation (EEC) No 1975/87 (6);
Whereas four production areas were omitted from the recognized areas listed in Annex III to Council Regulation (EEC) No 1577/86 (7), (EEC) No 1975/87 (8) and (EEC) No 2268/88; whereas, in order to enable tobacco producers in these areas to benefit under the measures provided for in these Regulations, the Annexes in question should be amended,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1989 harvest, the reference qualities and recognized production areas for each of the varieties of Community-produced leaf tobacco referred to in Article 2 (3) (b) and (c) of Regulation (EEC) No 727/70, shall be as set out respectively in Annexes I and III to this Regulation.
Article 2
For the 1989 harvest, the reference qualities and recognized production areas referred to in Article 6 (3) (b) and (c) of Regulation (EEC) No 727/70, for each of the varieties of Community-produced baled tobacco in respect of which a derived intervention price is fixed, shall be as set out respectively in Annexes II and III to this Regulation.
Article 3
1. For the 1989 harvest, the norm and intervention prices and the amounts of the premium granted to purchasers of leaf tobacco, referred to in Articles 2 and 3 of Regulation (EEC) No 727/70, and the derived intervention prices for baled tobacco referred to in Article 6 of the said Regulation, shall be as set out in Annex IV to this Regulation.
2. Without prejudice to Article 7a of Regulation (EEC) No 727/70, the prices and premiums shall apply only provided that each of the varieties was grown in the corresponding production areas as set out in Annex III to this Regulation.
3. For the 1989 and 1990 harvests, the maximum guaranteed quantities of leaf tobacco provided for in Article 4 (5) of Regulation (EEC) No 727/70 shall be as set out in Annex V to this Regulation.
Article 4
1. Annex III to Regulations (EEC) No 1577/86, (EEC) No 1975/87 and (EEC) No 2268/88 is hereby amended as follows:
(a) for variety No 1, 'Centre' is added as a production area for France;
(b) for variety No 2, 'Languedoc-Roussillon' is added as a production area for France;
(c) for variety No 3, 'Ile de France' is added as a production area for France.
2. In Annex III to Regulation (EEC) No 1577/86, 'Alsace-Lorraine' is added in point 4 as a production area for France.
3. In Annex III to Regulations (EEC) No 1975/87 and (EEC) No 2268/88, 'Alsace-Lorraine' is added as a production area for France in point 4 (b).
Article 5
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
The amendments set out in Article 4 shall apply from the date of entry into force of the Regulations concerned.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 1989.