COUNCIL REGULATION (EEC) No 2239/88 of 19 July 1988 fixing, for the 1988/89 marketing year, certain prices and other amounts applicable in the fruit and vegetable sector

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the Act of Accession of Spain and Portugal, and in particular Article 89 (1) thereof,

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 2238/88(2), and in particular Article 16 (1) thereof,

Having regard to Council Regulation (EEC) No 2511/69 of 9 December 1969 laying down special measures for improving the production and marketing of Community citrus fruit(3), as last amended by Regulation (EEC) No 3130/86(4), and in particular Article 7 (2) thereof,

Having regard to the proposal from the Commission(5),

Having regard to the opinion of the European Parliament(6),

Having regard to the opinion of the Economic and Social Committee(7),

Whereas, pursuant to Article 16 (1) of Regulation (EEC) No 1035/72, a basic price and a buying-in price are to be fixed for each marketing year for each of the products listed in Annex II to the said Regulation; whereas, in accordance with Article 1 (3) of the above Regulation, the marketing years for the products in question are as follows:

-for cauliflowers, from 1 May to 30 April,

-for tomatoes, from 1 January to 31 December,

-for peaches and nectarines, from 1 May to 31 October,

-for lemons, from 1 June to 31 May,

-for pears, from 1 June to 31 May,

-for table grapes, from 1 May to 30 April,

-for apples, from 1 July to 30 June,

-for mandarins, including satsumas and clementines, from 1 October to 15 May,

-for oranges, from 1 October to 15 July,

-for aubergines, from 1 January to 31 December,

-for apricots, from 1 May to 31 August;

Whereas, however, pursuant to the third subparagraph of Article 16 (1) of Regulation (EEC) No 1035/72, no basic price or buying-in price need be fixed for the slack marketing periods at the beginning and at the end of the marketing year;

Whereas, when the basic prices and buying-in prices for fruit and vegetables are fixed, account should be taken of the aims of the common agricultural policy and the contribution which the Community desires to make to the harmonious development of world trade; whereas the objectives of the common agricultural policy are, in particular, to ensure a fair standard of living for the agricultural community, to assure the availability of supplies and to ensure that supplies reach consumers at reasonable prices;

Whereas the basic prices must be fixed by reference to the trend in the average prices recorded during the three preceding years on the most representative producer markets within the Community for a product with defined commercial characteristics, such as a variety or type, quality class, size and packaging; whereas the buying-in prices must be fixed by reference to the basic price in accordance with Article 16 (3) of Regulation (EEC) No 1035/72;

Whereas the Kingdom of Spain, during the first phase, and the Portuguese Republic, during the first stage, are authorized to maintain, with respect to fruit and vegetables, the national arrangements previously in force for the organization of their domestic agricultural markets, subject to the conditions laid down in Articles 133 to 135 and 262 to 265, respectively, of the Act of Accession; whereas the prices and amounts fixed by this Regulation are therefore applicable only in the Community of Ten;

Whereas the amount of the financial compensation for oranges and mandarins must be fixed in accordance with the criteria laid down in Article 7 (2) of Regulation (EEC) No 2511/69,

HAS ADOPTED THIS REGULATION:

Article 1 For the 1988/89 marketing year, the basic prices and the buying-in prices for fruit and vegetables, the periods during which they apply and the standard qualities to which they relate shall be as set out in Annex I.

Article 2 For the 1988/89 marketing year, the financial compensation for oranges and mandarins shall be as set out in Annex II.

Article 3 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply with effect from 1 July 1988.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 July 1988.

For the CouncilThe PresidentY. POTTAKIS (1)OJ No L 118, 20. 5. 1972, p. 1.

(2)See page 1 of this Official Journal.

(3)OJ No L 318, 18. 12. 1969, p. 1.

(4)OJ No L 292, 16. 10. 1986, p. 1.

(5)OJ No C 139, 30. 5. 1988, p. 52.

(6)OJ No C 167, 27. 6. 1988.

(7)OJ No C 175, 4. 7. 1988, p. 33.