COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 133 final 
Brussels, 13.04.1994 
94/0109 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Council Regulation (EEC) No 1035/72 on the common 
organisation of the market in fruit and vegetables 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
Re: Proposal for a Council Regulation (EC) amending Council Regulation 
(EEC) No 1035/72 on the common organisation of the market in fruit and 
vegetables. 
The Council has just approved, on a proposal from the Commission, an 
exchange of letters between the European Community and the Republic of Chile 
concerning the importation of apples and pears into the European Community. 
That exchange of letters provided for Council Regulation (EEC) No 1035/72 on 
the common organisation of the market in fruit and vegetables to be amended 
as follows: (1) the taking into account of representative prices for at 
least 60V, of the quantities and the calculation of a weighted mean for the 
establishment of the entry price, (2) the abolition of the countervailing 
charge after four consecutive working days without a price and (3) the 
provision that, in anticipation of the abolition of the countervailing 
charge, the representative prices for a product of given origin should be 
ignored if they relate to negligible quantities. 
Since trade in agriculture products with third countries is the exclusive 
domain of the Community, the measures must be taken at Community level. 
2. 
Proposal for a 
COUNCIL REGULATION (EC) No /94 
of 
amending Council Regulation (EEC) No 1035/72 on the common 
organisation of the market in fruit and vegetables 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in 
particular Article 113 thereof, as well as Article 28 of Council Regulation 
(EEC) No 1035/72 of 18 May 1972 on the common organisation of the market in 
fruit and vegetables(1) , 
Having leg.ud t<> tlii' | ii i >| ic >:;.i I 1 i < >m tin' Commission, 
Whereas the Council has approved the exchange of letters between the 
European Community and the Republic of Chile on the importation of apples 
and pears into the European Community; 
Whereas that exchange of letters provides for a certain number of amendments 
to be made to Council Regulation (EEC) No 1035/72, to wit: (1) the taking 
into account of representative prices for at least 60V. of the quantities and 
the calculation of a weighted mean for the establishment of the entry price, 
(2) the abolition of the countervailing charge after four successive working 
days without a price, and (3) the provision that, in anticipation of the 
abolition of the countervailing charge, the representative prices for a 
product of given origin should be ignored it they relate to negligible 
quantities, 
(1) OJ No I, lift, 20 . '> . I '>'/:>, p. I, .is. last amended by Regulation ( EC ) No 
3(.()9/'J.i (OJ No I, UK, H.12.r.)0J, p. 2(>). 
3 
HAS ADOPTED THIS REGULATION 
Article 1 
Regulation (EEC) No 1035/72 is hereby amended as follows: 
1. In Article 24(3), "the mean of the representative prices" is replaced 
by "the weighted mean of the representative prices" and "at least 30%" 
is replaced by "at least 60%". 
2. In Article 26(1), "six consecutive working days" is replaced by "four 
consecutive working days" and the following subparagraph is added: 
"For the purposes of applying the first sentence of the second 
subparagraph, prices shall be ignored if the quantities found on 
the representative markets for which the prices are available are 
negli gi ble.". 
Article 2 
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, For the Council 
FINANCIAL STATEMENT 
Date: 5.4.1994 
1. BUDGET HEADING: 1000 APPROPRIATIONS: 
ECU 1 023.4 million 
2. TITLE: Proposal for a Council Regulation amending Council Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables. 
3. LEGAL BASIS: Article 113 of the Treaty 
4. AIMS OF PROJECT: To modiiy the methods used for calculating the representative rates and providing for the 
possible imposition of compensatory levies on imports of fruit and vegetables from third 
countries. 
5. FINANCIAL IMPLICATIONS 
5.0. EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS) 
- NATIONAL ADMINISTRATION 
- OTHER 
5.1. REVENUE 
- OWN RESOURCES OF THE EC 
(CUSTOMS DUTIES) 
5.0.1. ESTIMATED EXPENDITURE 
5.1.1. ESTIMATED REVENUE PERIOD OF 12 MONTHS 
(ECU million) 
p. in. 
1996 
p.m. CURRENT FINANCIAL 
(94) 
(ECU million) 
p. m. 
1997 
p.m. FOLLOWING FINANCIAL 
(95) 
(ECU million) 
p.m. 
1998 
p.m. 1999 
p.m. 
5.2. METHOD OF CALCULATION: 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? 
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY? 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 
COMMENTS: 
Any compensatory levy would be around 50% of the current average levy. 
Imposition of this levy would therefore result in a fall in receipts. 
MA-
ISSN 0254-1475 
COM(94) 133 final 
DOCUMENTS 
EN 1103 
Catalogue number : CB-CO-94-141-EN-C 
ISBN 92-77-67567-5 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg 
£~