1969R2517 — EN — 03.06.1978 — 001.001 — 1
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►B REGULATION(EEC)NO2517/69OFTHECOUNCIL
of9December 1969
layingdowncertain measuresforreorganisingCommunityfruitproduction
(OJ L 318, 18.12.1969, p. 15)
Amended by:
Official Journal
No page date
►M1 Regulation (EEC) No 2476/70 of the Council of 7 December 1970 L 266 2 9.12.1970
►M2 Regulation (EEC) No 2456/72 of the Council of 21 November 1972 L 266 9 25.11.1972
►M3 Council Regulation (EEC) No 794/76 of 6 April 1976 L 93 3 8.4.1976
►M4 Council Regulation (EEC) No 1153/78 of 30 May 1978 L 144 4 31.5.1978
▼B
REGULATION(EEC)NO2517/69OFTHECOUNCIL
of9December 1969
laying down certain measures for reorganising Community fruit
production
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Articles 42 and 43 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament;Whereas there is a certain disproportion, both quantitative and qualita-
tive, of supply in relation to demand on the Community market for
apples, pears and peaches; whereas this situation is due, in particular,to the survival of old orchards, alongside those recently established,and, in some cases, to varieties which are unsuited to demand withinthe Community;
Whereas the measures adopted to steady the market are not of a nature
to overcome such difficulties; whereas, therefore, further measures
adopted should be designed to influence potential production and toadapt it in so far as possible to present and foreseeable outlets forCommunity products;
Whereas, in order to initiate action of this kind, some inducement
should be offered to growers to relinquish their production, wholly or
in part, of the three products in question; whereas, for this purpose,
Member States should be enabled to grant premiums to growers who,while agreeing to grub their orchards wholly or in part, undertake onthe other hand not to replant their holding for a given period; whereasthe amount of the premium must be fixed at a level which takesaccount in particular of the cost of grubbing;
Whereas the measures adopted to reduce potential production could not
have the desired effect, if, conversely, the planting or replanting of
apple, pear or peach orchards were to be encouraged through stateaid; whereas the principle that such aid is incompatible with thecommon organisation of the market in fruit and vegetables should bemaintained, without prejudice to certain transitory provisions;
Whereas, to ensure that the rules for granting premiums for grubbing
are correctly applied, national aid designed to achieve aims similar to
those pursued through the above-mentioned rules for grantingpremiums may only be granted when requests for such aid have beenlodged before the entry into force of this Regulation;
Whereas expenses incurred through the granting of premiums for grub-
bing should be financed on a Community basis;
HAS ADOPTED THIS REGULATION:
Article 1
At their request and under the conditions specified below, Community
fruitgrowers shall qualify for a premium for grubbing apple, pear and
peach trees.
The rules for granting that premium, in particular with regard to the
minimum number and age of trees, shall be adopted in accordancewith the procedure laid down in Article 13 of Council Regulation No23 (
1) on the progressive establishment of a common organisation of the
marketin fruitand veget ables.1969R2517 — EN — 03.06.1978 — 001.001 — 2
(1) OJ No 30, 20.4.1962, p. 965/62.
▼B
Article 2
1. Requests for the granting of premiums must be lodged before
►M21 February 1973 ◄.
2. The granting of a premium shall be subject in particular to a
written undertaking by the beneficiary:
(a) to proceed, before ►M21 April 1973 ◄, with the grubbing of
apple, pear or peach trees for which the premium is claimed;
(b) to abstain for a period of five years following the grubbing carried
out on his holding from any planting of apple, pear or peach treesother than, after informing the Member State concerned, forpurposes of normal total or partial replanting of the areas of
orchard remaining following the grubbing operation for which the
premium was granted.
Article 3
1. The amount of the premium shall, in accordance with the proce-
dure laid down in Article 13 of Regulation No 23, be fixed at differentlevels in order to take account of the state of growth of the trees. Thisamount shall not exceed 800 units of account per hectare grubbed.
2. The amount of the premium shall be paid in a single instalment
when the claimant proves that he has actually completed the grubbing.
Article 4
Subject to Article 92 (2) of the Treaty, all aid which may be granted by
a Member State or through State resources in any form whatsoever andintended to encourage directly or indirectly the planting or enlargementof apple, pear or peach orchards shall be forbidden.
Article 5
Member States may be authorised, in accordance with the procedure
laid down in Article 13 of Regulation No 23, to impose further condi-tions for granting the premiums referred to in Article 1.
Article 6
During the last three months of the period referred to in Article 2 (2)
(b), Member States shall check whether the beneficiary has compliedwith his undertaking to abstain from replanting apple, pear and peachtrees on his holding; they shall inform the Commission of the results of
this check.
If that undertaking has not been complied with, Member States shall
recover the premium without prejudice to the imposition of any penal-
ties.
Article 7
1. The Guidance Section of the European Agricultural Guidance and
Guarantee Fund shall refund to Member States 50 % of the premiums
referred to in Article 1.
2. The methods for applying paragraph 1 and Article 6 may be
adopted in accordance with the procedure laid down in Article 26 ofCouncil Regulation No 17/64/EEC (
1) of 5 February 1964 on the condi-1969R2517 — EN — 03.06.1978 — 001.001 — 3
(1) OJ No 34, 27.2.1964, p. 586/64.▼M3
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▼M1
▼M4
▼B
▼M1
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tions for obtaining aid from the European Agricultural Guidance and
Guarantee Fund.
Article 8
1. The Commission shall submit to the Council, before 1 March
1973, on the basis of information provided by Member States, a report
on the application of the rules for granting premiums laid down by this
Regulation.
2. The Council, acting in accordance with the voting procedure laid
down in Article 43 (2) of the Treaty on a proposal from the Commis-sion, shall decide on amendments to these rules.
3. The general rules for applying Articles 6 and 7 (1) shall be laid
down in accordance with the same procedure.
Article 9
This Regulation shall not preclude the granting of aid laid down by
national regulations and designed to achieve aims similar to those
pursued through this Regulation, provided requests for such aid are
lodged before the date of entry into force of this Regulation.
Article 10
This Regulation shall enter into force on 1 January 1970.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1969R2517 — EN — 03.06.1978 — 001.001 — 4