m®i COMMISSION OP THE EUROPEAN COMVttJNITIES 
COM(92)436 final 
Brussels, 20 October 1992 
Proposal for a 
COUNCIL REGULATION fEEC) 
on the free distribution outside the community 
of fruit and vegetables withdrawn from the market 
(presented by the Commission) 
- Z-
EXPLANATORY MEMORANDUM 
Subject: Proposal for a council Regulation (EEC) on the free distribution 
outside the Community of fruit and vegetables withdrawn from the 
market. 
1. The Community regulations provide that fruit and vegetables withdrawn from 
the market are to be distributed free to charitable organizations, schools, 
etc. The costs of transport incurred by such operations are to be charged to 
the EAGGF on the basis of a standard scale. 
2. This year the Community has had a bumper fruit harvest, in particular for 
climatic reasons. It should therefore be made possible for products 
withdrawn from the market to be distributed by charitable organizations at 
destinations where the people require food supplies. That is the aim of this 
proposal. 
-*-
Proposal for a 
COUNCIL REGULATION (EEC) No /92 
of 
on the free distribution outside the community 
of fruit and vegetables withdrawn from the market 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common 
organization of the market in fruit and vegetables(*), as last amended by 
Regulation (EEC) No 1754/92(2)f and in particular Article 35 thereof, 
Having regard to a proposal from the commission, 
Whereas the Community fruit and vegetable harvest in the 1992/93 marketing year, 
and in particular the apple harvest, is particularly abundant to the extent that 
withdrawals of major quantities should be anticipated; 
Whereas Article 21 of Regulation (EEC) No 1035/72 defines the way products 
withdrawn from the market may be disposed of; 
Whereas, in order to improve food supplies to people in certain third countries 
and in particular the victims of the conflict in the former Yugoslavia, apples 
and, where appropriate, other fruit and vegetables withdrawn from the market 
could be dispatched to such third countries through charitable organizations; 
(1) OJ No L 118, 20.5.1972, p. 1. 
(2) OJ No L 180, 1.7.1992, p. 23. 
.if. 
Whereas thare is no provision for this in Article 21 of Regulation (EEC) 
No 1035/72; whereas, however, on account on the one hand of the difficulties of 
supply encountered by victims of the conflict in the former Yugoslavia and on the 
other hand of the surplus apple harvest in the Community, a measure derogating by 
way of an exception from Article 21 of that Regulation should be adopted to 
authorize the Member States to deliver apples withdrawn from the market to the 
organizations concerned with a view to their free distribution to the people in 
question; whereas such an operation needs to be able to be extended quickly to 
cover other fruit and vegetables or other destinations in the event of serious 
supply difficulties in the latter, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. By way of derogation from Article 21 of Regulation (EEC) No 1035/72, during 
the 1992/93 marketing year the Member States are hereby authorized to make 
available table apples of Community origin withdrawn from the market in 
accordance with that Regulation to charitable organizations approved by them 
for the purpose with a view to their free distribution to the victims of the 
conflict in the former Yugoslavia. 
2. Without prejudice to the Community provisions applicable to the subject, the 
costs of transport of the apples referred to in paragraph 1 shall be defrayed 
by the charitable organziations undertaking such operations. 
3. Apples dispatched pursuant to paragraph 1 shall not qualify for export 
refunds applying to fruit and vegetables. 
Article 2 
Detailed rules for the application of this Regulation and in particular for 
coordination under the Community emergency aid plan for the former Yugoslavia 
shall be decided in accordance with the procedure provided for in Article 33 of 
Regulation (EEC) No 1035/72. In the event of serious difficulties of supply, the 
Commission may decide, in accordance with the same procedure, to apply Article 1 
to other fruit and vegetables withdrawn from the market or in respect of other 
destinations. 
-J-
Article 3 
This Regulation shall enter into force on the third day following its publication 
in the Official Journal of the European Communities. 
It shall apply from 1 October 1992. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at For the Council 
_ <r-
FINANCIAL STATEMENT 
DATE: 
1. BUDGET HEADING: 1601 APPROPRIATIONS: (1993 DB) ECU 326 mi 11 icr•.[ 
2. TITLE: \ 
Proposal for a Council Regulation derogating frcm Article 21 of Regulation (EEC) No 1035/72 as regards the; 
free distribution outside the Ccmuinity of fruit and vegetables withdrawn frcm the market in respect of thj| 
1992/93 marketing year. 
T LEGAL BASIS: Council Regulation (EEC) No 1035/72 
4. AIMS OF PROJECT: 
To authorize the dispatch to Yugoslavia of apples withdrawn frcm the market. 
5. FINANCIAL IMPLICATIONS 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
- (REFUNDS/INTERVENTION) 
5.1 REVENUE 
- OwN RE90URCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL Period of 12 months Current Financial Year 
1993 Following Financial Year 
1994 
1995 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE 1996 1907 1996 
5.2 METHOD OF CALCULATION: 
6.0 CAN THE PROJECT BE FINANCED FRCM 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? 
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY? YES 
NO 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 
NO 
OBSERVATIONS: 
-7-
ISSN 0254-1475 
COM(92) 436 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-92-453-EN-C 
ISBN 92-77-48231-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg