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COMMISSION REGULATION (EEC) No 3587/86
of 20 November 1986
fixing the conversion factors to be applied to the buying-in prices for 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 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 1351/86 (2), and in particular Article 16 (4) thereof,
Whereas the basic price and the buying-in price fixed for each of the fruits and vegetables listed in Annex II to Regulation (EEC) No 1035/72 relate to products with defined commercial characteristics such as variety, type, form of presentation, quality class, sizing and packaging; whereas it is necessary, pursuant to Article 16 (4) of the said Regulation, to fix conversion factors for calculating the price at which products with different commercial characteristics are to be bought in; whereas, in respect of quality, account should be taken of the second subparagraph of Article 19 (2) and of Article 20 (2) of the said Regulation;
Whereas the conversion factors must be fixed taking into account, for each of the products considered, the requirements of the market and the extent of the fluctuation in the differences observed for the various commercial characteristics of the product in relation to prices recorded on the markets during particularly sensitive production periods;
Whereas, moreover, the cost of the packaging in which the product is put up is not taken into consideration in calculating the basic price and buying-in price; whereas, however, products in respect of which intervention may take place as provided for in Articles 15, 15a, 18, 18a, 19 and 19a of Regulation (EEC) No 1035/72 may be put up in a new packaging of a non-returnable type; whereas, to encourage the disposal of these products in accordance with the first, fifth and sixth indents of Article 21 (1) (a) of the said Regulation, it should be provided that, where in these cases packaging is not retrieved for re-use, buying-in should be 'inclusive of packaging'; whereas, however, in view of the relatively high cost of packaging of this nature, the buying-in of products 'inclusive of packaging' for free distribution should be restricted to the quality classes 'Extra', 'I' and 'II';
Whereas many changes have been made to the conversion factors since they were applied by Commission Regulation (EEC) No 1203/73 (3), as last amended by Regulation (EEC) No 1451/85 (4); whereas, consequently, the essential aspects of the rules are at present dispersed in many different Regulations drafted at different times; whereas the texts hence lack the clarity essential to any rules; whereas they should therefore be consolidated and, in the light of price trends recorded on the markets for the different commercial characteristics, the necessary adjustments should be made to the conversion factors to be applied to the buying-in prices for the fruits and vegetables listed in Annex II to Regulation (EEC) No 1035/72;
Whereas the Management Committee for Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The conversion factors provided for in Article 16 (4) of Regulation (EEC) No 1035/72 regarding variety, type of product, form of presentation, quality class, sizing and form of packaging shall for cauliflowers, tomatoes, aubergines, peaches, apricots, lemons, pears, table grapes, apples, mandarins and oranges be as shown in Annexes I to XI to this Regulation.
Article 2
Where, in respect of products in the quality classes 'Extra', 'I' and 'II' put up in new packaging of a non-returnable type, intervention as provided for in Articles 15, 15a, 18, 18a, 19 and 19a of Regulation (EEC) No 1035/72 is made 'inclusive of packaging', the buying-in price shall, in cases where the products are distributed in accordance with the first, fifth and sixth indents of Article 21 (1) (a) of Regulation (EEC) No 1035/72, and the packaging is not retrieved for re-use, be adjusted not only by the conversion factors provided for in Article 1 but also by a packaging conversion factor.
The conversion factor provided for in the preceding paragraph shall be so fixed that when applied to the buying-in price as already adjusted by the other factors it results, for 100 kilograms net of products, in an increase in the price equal to the amount shown in Annex XII.
Article 3
Regulation (EEC) No 1203/73 is hereby repealed.
Article 4
This Regulation shall enter into force on 1 December 1986.
It shall apply with effect from 1 May 1987 in respect of cauliflowers and from 1 June 1987 in respect of tomatoes, aubergines, peaches, apricots, lemons, pears, table grapes, apples, mandarins and oranges.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 1986.