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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
"M1 Council Regulation (EC) No 1016/94 of 26 April 1994 L 112 1 3.5.1994
"M2 Council Regulation (EC) No 456/95 of 20 February 1995 L 47 1 2.3.1995
"M3 Council Regulation (EC) No 1600/96 of 30 July 1996 L 206 45 16.8.19961992R3438 — EN — 01.01.1996 — 003.001 — 1
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,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 (2) thereof,
Having regard to the proposal from the Commission (1),
Having regard 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 Yugoslavia
on transport of some fresh fruit and vegetables from Greece (3) introduced
financial compensation for consignments made in 1991 by refrigerated lorryor wagon from Greece to Member States other than Italy of fresh fruit and
vegetables as referred to in Article 1 of Council Regulation (EEC) No
1035/72 of 18 May 1972 on the common organization of the market in fruitand vegetables (
4);
Whereas the continuing conflict in the former Yugoslavia rules out the
likelihood, as regards the crossing of that country by road or rail, of a return tonormality in the very near future; whereas the operators concerned should
therefore continue to receive temporary assistance until 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 by refrigeratedlorry, vessel or wagon from Greece to Member States other than 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 vegetables as
referred to in Article 1 of Regulation (EEC) No 1035/72 and originating in
Greece made by refrigerated lorry, vessel or wagon from Greece to MemberStates other than Italy, Spain and Portugal.
Article 2
1. The special temporary allowance shall be granted from 1 January 1992 to
31 December 1996 for the marketing of the fruit and vegetables referred to in
Article 1.
2. The amount of the special temporary allowance shall be determined in
such a way as to contribute to meeting the additional transport costs arising as
a result of the poor transport conditions obtaining in certain regions of theformer Yugoslavia. It may be fixed on a flat-rate basis. For 1996, it shall beadjusted on a degressive basis.
3. The special temporary allowance shall be paid to the consignor on
presentation to the competent authorities of documents substantiating his
claim thereto.!B
(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).!M3
!B1992R3438 — EN — 01.01.1996 — 003.001 — 2
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 the measures providedfor in this Regulation and of the measures provided for in Regulation (EEC)No 525/92.
Article 3
Detailed rules for the application of this Regulation, and in particular:
— 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 the meaningof Article 3 of Council Regulation (EEC) No 729/70 of 21 April 1970 on thefinancing of the common agricultural 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.!B
(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).!M3
!B1992R3438 — EN — 01.01.1996 — 003.001 — 3