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COUNCIL REGULATION ( EEC ) NO 1535/81

OF 19 MAY 1981

LAYING DOWN SPECIAL MEASURES FOR CERTAIN VARIETIES OF RAW TOBACCO FROM THE 1981 , 1982 AND 1983 HARVESTS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 727/70 OF 21 APRIL 1970 ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN RAW TOBACCO ( 1 ) , AS LAST AMENDED BY THE 1979 ACT OF ACCESSION , AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 13 ( 8 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ) ,

WHEREAS THE COMMISSION REPORT PROVIDED FOR IN ARTICLE 13 ( 1 ) OF REGULATION ( EEC ) NO 727/70 DISCLOSES A SIGNIFICANT INCREASE IN THE QUANTITIES OF KENTUCKY TOBACCO TAKEN INTO INTERVENTION FROM THE HARVESTS OF 1978 AND 1979 ; WHEREAS THOSE QUANTITIES GREATLY EXCEED THE QUANTITIES AND THE PERCENTAGE OF PRODUCTION LAID DOWN BY REGULATION ( EEC ) NO 1469/70 ( 5 ) , AS AMENDED BY REGULATION ( EEC ) NO 1580/79 ( 6 ) , WHICH CONSTITUTE THE THRESHOLD FOR THE INITIATION OF THE PROCEDURES LAID DOWN IN ARTICLE 13 OF REGULATION ( EEC ) NO 727/70 ;

WHEREAS THE SAME REPORT SHOWS THAT DESPITE THE APPLICATION OF THE SPECIFIC MEASURES ADOPTED BY REGULATION ( EEC ) NO 1557/79 ( 7 ) , THE QUANTITIES OF ERZEGOVINA AND PERUSTITZA TOBACCO TAKEN INTO INTERVENTION FROM THE 1978 AND 1979 HARVESTS WERE STILL GREATLY IN EXCESS OF THE ABOVEMENTIONED QUANTITIES AND PERCENTAGE ; WHEREAS THE MARKET FOR XANTI-YAKA TOBACCO IS STILL MARKED BY AN IMBALANCE WHICH WAS ATTRIBUTED IN 1979 TO EXCEPTIONAL AND NOT STRUCTURAL DIFFICULTIES ; WHEREAS THE PERSISTENCE OF THESE DIFFICULTIES SUGGESTS A DIFFERENT ASSESSMENT , WARRANTING THE APPLICATION OF THE SAME TREATMENT AS THAT GIVEN TO PERUSTITZA AND ERZEGOVINA TOBACCO , TO THAT VARIETY , WHICH ALSO COMPLIES WITH THE CONDITIONS REFERRED TO IN ARTICLE 13 ( 1 ) OF REGULATION ( EEC ) NO 727/70 ;

WHEREAS THE AVAILABLE FIGURES FOR THE 1980 HARVEST INDICATE THAT THE IMBALANCE IS BECOMING WORSE FOR THE VARIETIES MENTIONED IN THE COMMISSION REPORT ;

WHEREAS IT IS NOW NECESSARY TO HAVE RECOURSE TO THE SPECIFIC MEASURES PROVIDED FOR IN ARTICLE 13 ( 1 ) OF REGULATION ( EEC ) NO 727/70 , NAMELY A REDUCTION IN THE INTERVENTION PRICE AND A LIMIT ON INTERVENTION BUYING FOR PART OF ALL QUALITIES OF THE VARIETIES IN QUESTION ;

WHEREAS , IF MARKET EQUILIBRIUM IS TO BE RESTORED , THESE MEASURES SHOULD BE APPLIED TO SEVERAL CONSECUTIVE HARVESTS ;

WHEREAS THE MEASURES PROVIDED FOR WILL YIELD A REDUCTION IN INTERVENTION EXPENDITURE AND WILL ALLOW A COMPENSATORY INCREASE IN THE PREMIUM ; WHEREAS THE PRODUCERS WILL THEREFORE BE ABLE TO OBTAIN THE NORM PRICE FOR THE QUANTITIES WHICH MAY BE SOLD ON THE MARKET IN THE NORMAL WAY , THUS IMPROVING THEIR EARNINGS ; WHEREAS A PROPOSAL FOR AN AID PROGRAMME IN THIS SECTOR WOULD THEREFORE NOT BE JUSTIFIED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOR THE 1981 , 1982 AND 1983 HARVESTS , THE INTERVENTION PRICES FOR TOBACCO OF SERIAL NOS 10 ( A ) , KENTUCKY AND HYBRIDS THEREOF , ( B ) MORO DI CORI AND ( C ) SALENTO , 13 , XANTI-YAKA , 14 ( A ) PERUSTITZA AND 15 , ERZEGOVINA AND SIMILAR VARIETIES , SHALL BE REDUCED TO 80 % OF THE CORRESPONDING NORM PRICES .

ARTICLE 2

FOR THE 1981 , 1982 AND 1983 HARVESTS , THE QUANTITIES OF ALL QUALITIES OF TOBACCO REFERRED TO IN ARTICLE 1 AND SIMILAR VARIETIES OF TOBACCO ELIGIBLE FOR INTERVENTION SHALL BE LIMITED AS FOLLOWS :

( A ) FOR TOBACCO OF SERIAL NO 10 , 80 % , 60 % AND 40 % OF THE AVERAGE QUANTITIES OF THIS VARIETY TAKEN OVER BY THE INTERVENTION AGENCIES FROM THE 1978 , 1979 AND 1980 HARVESTS RESPECTIVELY ;

( B ) FOR TOBACCO OF SERIAL NOS 13 , 14 ( A ) AND 15 , 75 % , 55 % AND 32 % OF THE AVERAGE QUANTITIES OF EACH OF THESE VARIETIES TAKEN OVER BY THE INTERVENTION AGENCIES FROM THE 1978 , 1979 AND 1980 HARVESTS RESPECTIVELY .

ARTICLE 3

DETAILED RULES FOR THE IMPLEMENTATION OF THIS REGULATION , IN PARTICULAR THE RULES ON REDUCTION APPLICABLE TO ALL SELLERS OF TOBACCO TO INTERVENTION AGENCIES , SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 17 OF REGULATION ( EEC ) NO 727/70 .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 19 MAY 1981 .

FOR THE COUNCIL

THE PRESIDENT

D . F . VAN DER MEI

( 1 ) OJ NO L 94 , 28 . 4 . 1970 , P . 1 .

( 2 ) OJ NO C 75 , 3 . 4 . 1981 , P . 39 .

( 3 ) OJ NO C 90 , 21 . 4 . 1981 , P . 101 .

( 4 ) OPINION DELIVERED ON 25 AND 26 MARCH 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .

( 5 ) OJ NO L 164 , 27 . 7 . 1970 , P . 35 .

( 6 ) OJ NO L 189 , 27 . 7 . 1979 , P . 4 .

( 7 ) OJ NO L 188 , 26 . 7 . 1979 , P . 14 .