COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92) 442 final 
Brussels, 27 October 1992 
fefe=3™z33i 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) Mo 1035/72 
on the common organization of the 
market in fruit and vegetables 
(presented by the Commission) 
EXPLANATORY «EMQRA8D8M 
Subject: Proposal for a Regulation amending Regulation (EEC) No 1035/72 
on the common organization of the market in fruit and 
vegetables 
1. The development of the production of pineapples, advodacos, mangoes and 
guavas in the Community, in particular since the accession of Spain and 
Portugal, and the growth of trade in those products are pointing in the 
direction of their being included in the scope of Regulation (EEC) 
No 1035/72. 
2. Plantain bananas were excluded from the common organization of the 
market in bananas on account of their nature. Since this type of banana 
must be covered by a market organization with effect from 1 January 
1993, it seems appropriate to include it in the common organization of 
the market in fruit and vegetables. 
3. In anticipation of 1 January 1993, the provisions of Regulation (EEC) No 
1035/72 now applicable permitting the application of national 
quantitative restrictions should be repealed. 
4. In view of the considerable increase in imports of certain sensitive 
fruits and vegetables in uncertain monetary situations which are giving 
rise to artificial prices and at a time when all potential world 
customers are closing their frontiers to trade for plant health and 
public health reasons or are imposing quantitative restrictions, the 
need is emerging of providing for the possibility of establishing an 
import licensing system, where necessary, for certain products. 
The inclusion of additional products in Article 1 of Regulation (EEC) 
No 1035/72 does not entail any financial consequences for the EAGGF 
Guarantee Section. The setting up of producers' organizations for these 
fruit and vegetables may entail costs as launching aid chargeable to the 
EAGGF Guidance Section. These costs, however, are the same as those 
provided for by the general regulations governing producers' organizations 
and consequently do not give rise overall to any additional expenditure. 
2 
C516492/TEN 
Proposal for 
COUNCIL REGULATION (EEC) No /92 
amending Regulation (EEC) No 1035/72 
on the common organization of the 
market in fruit and vegetables 
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 proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and social Committee, 
Whereas the development of the Community production of products such as 
pineapples, advocados, mangoes and guavas, in particular since the accession 
of Spain and Portugal, and the growth of trade in those countries make it 
appropriate to include those products within the scope of Regulation (EEC) 
No 1035/72<1), as last amended by Regulation (EEC) No 1754/92<2); 
Whereas plantain bananas were not included in the Regulation on the common 
organization of the market in bananas on account of their nature; whereas 
plantain bananas must be covered by a market organization with effect from 1 
January 1993; whereas it seems appropriate to include them in the common 
organization of the market in fruit and vegetables; 
(1) OJ No L 118, 20.5.1972, p. 1. 
(2) OJ No L 180, 1.7.1992, p. 23. 
- 2 -
Whereas Regulation (EEC) No 1035/72 provides that Member states may apply 
national quantitative restrictions in respect of fruit and vegetables under 
the conditions laid down in Annex III thereto; whereas those measures will 
become incompatible on the completion of the Single Market on 1 January 
1993; whereas the provisions should therefore be repealed; 
Whereas provision should be made, in respect of certain products which are 
sensitive and which are imported in relatively large quantities, for the 
possibility of establishing an import licensing system; whereas in order to 
ensure that application of this system is limited as effectively as 
possible, provision should be made for the introduction of such a system to 
be subject to the Management Committee procedure; 
Whereas, in order to ensure the smooth operation of the system, provision 
should be made that the issue of import licences be accompanied by the 
establishment of a security guaranteeing the performance of the undertaking 
to import during the period of validity of the licences, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1035/72 is hereby amended as follows: 
1. The following products are added to the table in Article 1(2): 
CN code Description 
ex 080300 Plantain bananas 
08043000 Pineapples 
080440 Advocados 
08045000 Guavas, mangoes and mangosteens 
4 
3 -
2. The second indent of Article 22(1), paragraph (2) and Annex III (the list 
specified in Article 22) are hereby deleted. 
3. The following Article 22b is inserted: 
"Article 22b 
1. A system of import licences may be introduced, in accordance with 
the procedure laid down in Article 33, in respect of one or more of 
the products listed in the table contained in Article 1(2), in order 
to be able to evaluate their market progress. 
In such case, a licence shall be issued by the Member States to any 
interested party who makes an application therefor, regardless of 
where that party is established in the Community. 
The issue of a licence shall be subject to the establishment of a 
security guaranteeing that importation shall take place during the 
period of validity of the licence. 
Licences shall be valid throughout the Community. 
2. The list of products for which import licences shall be be required 
and the other detailed rules for the application of this Article 
shall be determined in accordance with the same procedure." 
Article 2 
This Regulation shall enter into force on 1 January 1993. 
This Regulation shall be binding in its entirety and directly applicable in 
all Member states. 
Done at Brussels, 
For the Council 
*> 
FINANCIAL STATEMENT tpfif/wviam 
DATE: 6 October 1992 
1. BUDGET HEADING: 150 APPROPRIATIONS: ECU 832 mi 11 ion (1902) 
2. TITLE: 
Proposal for a Regulation amending Council Regulation (EEC) No 1035/72 on the ocnmon organization of the 
market in fruit and vegetables. 
3. LEGAL BASIS: Article 43 of Treaty. 
4. AIMS OF PROJECT: 
Add further products to the table in Article 1(2) of Regulation (EEC) No 1035/72. 
5. FrNAtCIAL ifcPLtCATJONS 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
- (REFUNDS/INTERVENT ION) 
- NATIONAL ADMINISTRATION 
-OTHER 
5.1 REVENUE 
- (Mi RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL Period of 12 months 
(ECU mi 11 ion) Current Financial Year 
(92) 
(ECU mi 11 ion) Following Financial Year 
(93) 
(ECU mi M ion) 
1994 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE 1995 1996 1997 
5.2 METHOD OF CALCULATION: 
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 
YES 
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? 
YES 
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY? 
ND 
6.3 WJLL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 
NO 
OBSERVATIONS: 
BSN 0254-1475 
COM(92) 442 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-92-459-EN-C 
ISBN 92-77-48375-X 
Office for Of&cial Publications of the European Comnnixiitîes 
L-2985 Luxembourg