1992R3438 — EN — 01.01.1994 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 3438/92
of 23 November 1992
laying down special measures for the transport of certain fresh fruit and vegetables originating in
Greece
(OJ L 350, 1.12.1992, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1016/94 of 26 April 1994 L 112 1 3.5.1994
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▼B
COUNCIL REGULATION (EEC)No 3438/92
of 23 November 1992
laying down special measures for the transport of certain fresh fruit
and vegetables originating in Greece
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity, and in particular Article 43 (2) thereof,
Havingreg ard to the proposal from the Commission(
1),
Havingreg ard to the opinion of the European Parliament(2),
Whereas Council Regulation (EEC) No 525/92 of 25 February 1992 on
temporary compensation for the consequences of the situation in Yugo-slavia on transport of some fresh fruit and vegetables from Greece(
3)
introduced financial compensation for consignments made in 1991 byrefrigerated lorry or wagon from Greece to Member States other thanItaly of fresh fruit and vegetables as referred to in Article 1 of CouncilRegulation (EEC) No 1035/72 of 18 May 1972 on the common organ-ization of the market in fruit and vegetables(
4);
Whereas the continuingconflict in the former Yug oslavia rules out the
likelihood, as regards the crossing of that country by road or rail, of areturn to normality in the very near future; whereas the operatorsconcerned should therefore continue to receive temporary assistanceuntil such return to normality;
Whereas a special temporary allowance should therefore be granted for
consignments of fresh fruit and vegetables as referred to in Article 1 ofRegulation (EEC) No 1035/72 and originating in Greece made byrefrigerated lorry, vessel or wagon from Greece to Member States otherthan Italy, Spain and Portugal,
HAS ADOPTED THIS REGULATION:
Article 1
A special temporary allowance shall be granted, under the conditions
laid down in this Regulation, on consignments of fresh fruit and veget-ables as referred to in Article 1 of Regulation (EEC) No 1035/72 andoriginating in Greece made by refrigerated lorry, vessel or wagon fromGreece to Member States other than Italy, Spain and Portugal.
Article 2
1. The special temporary allowance shall be granted ►
M1in 1992,
1993 and 1994 ◄so longas the conflict in the territories of the former
Yugoslavia rules out normal use of the traditional road and rail routesacross those territories for the marketingof the fruit and veg etablesreferred to in Article 1.
2. The amount of the special temporary allowance shall be deter-
mined in such a way as to contribute to meetingthe additional transportcosts arisingas a result of the conflict referred to in parag raph 1. It maybe fixed on a flat-rate basis.
3. The special temporary allowance shall be paid to the consignor on
presentation to the competent authorities of documents substantiatinghis claim thereto.
(1) OJ No C 222, 29. 8. 1992, p. 12.
(2) Opinion delivered on 20 November 1992 (not yet published in the Official
Journal).
(3) OJ No L 58, 3. 3. 1992, p. 1.
(4) OJ No L 118, 20. 5. 1972, p. 1, as last amended by Regulation (EEC) No
1156/92 (OJ No L 122, 7. 5. 1992, p. 3).
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▼B
4. The Commission shall present a report to the Council within three
months of the final date for submission of claims on the cost of themeasures provided for in this Regulation and of the measures providedfor in Regulation (EEC) No 525/92.
Article 3
Detailed rules for the application of this Regulation, and in particular:
— the date from which the special temporary allowance will no longer
be granted,
— the amounts of the special temporary allowance, and— the documents referred to in Article 2 (3),
shall be adopted in accordance with the procedure laid down in Article
33 of Regulation (EEC) No 1035/72.
Article 4
The measures provided for in this Regulation shall be considered as
intervention intended to stabilize the agricultural markets within themeaningof Article 3 of Council Reg ulation (EEC) No 729/70 of 21April 1970 on the financingof the common ag ricultural policy (
1). They
shall be financed by the EAGGF Guarantee Section.
Article 5
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 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ No L 94, 28. 4. 1970, p. 13, as last amended by Regulation (EEC) No
2048/88 (OJ No L 185, 15. 7. 1988, p. 1).