31. 3. 88 Official Journal of the European Communities No C 84/29 
and (b). For the fixation of that quantity, account shall 
be taken of the overall consumption of cereals in the 
Community and of imports of the products listed in 
Annex D. However, for the 1988/1989, 1989/1990, 
1990/1991 and 1991/1992 marketing years, the ma­
ximum guaranteed quantity shall be fixed at 160 million 
tonnes. 
2. For each marketing year and for the period referred 
to in Article 4(1), an additional co-responsibility levy 
shall be payable by producers. That additional levy shall 
be equal to 3 % of the intervention price applying to 
common wheat of breadmaking quality at the beginning 
of the marketing year in question. The provisions of 
Article 4(1), (4), (6) and (7) shall apply to the additional 
levy. 
Where cereals production in a marketing year is equal to 
or less than the maximum guaranteed quantity fixed for 
that marketing year, the additional levy shall be 
reimbursed in full to producers. Where the amount by 
which the maximum guaranteed quantity is exceeded is 
less than 3 %, the additional levy shall be reimbursed in 
part. That reimbursement shall correspond to the 
difference between the additional levy paid and that 
resulting from the recorded amount by which the 
maximum guaranteed quantity is exceeded. 
The amount of the direct aid to be granted to small 
producers for each tonne of cereals marketed to offset 
the additional co-responsibility levy shall be reduced by 
the amount of the levy reimbursed in accordance with 
the provisions of this paragraph. 
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 Articles 89(2) and 234(3) 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 3. If the cereals production in a marketing year 
exceeds the maximum guaranteed quantity fixed for 
that marketing year, the intervention price for the 
following marketing year shall be reduced by 3 %. 
That reduction shall also affect the determination of the 
target prices referred to in Article 3(1). 
The Commission shall adjust the intervention and 
target prices resulting from the application of the 
preceding subparagraph each year before the beginning 
of the marketing year. 
4. For the purposes of applying this Article, the 
Commission shall establish each year before 1 March 
whether the cereals production from the current 
marketing year has exceeded the maximum guaranteed 
quantity fixed for that marketing year or not. 
5. Detailed rules for the application of this Article and 
in particular the amount of the additional levy shall be 
adopted in accordance with the procedure laid down in 
Article 26.' 
Article 2 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
It shall apply from the 1988/1989 marketing year. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables (1), as 
last amended by Regulation (EEC) No 223/88 (2), provides 
(!) OJ No L 118, 18. 5. 1972, p. 1. 
(2) OJ No L 23, 28. 1. 1988, p. 1. Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1035/72 on the 
common organization of the market in fruit and vegetables 
COM(88) 84 final 
(Submitted by the Commission to the Council on 25 February 1988) 
(88/C 84/17) 
No C 84/30 Official Journal of the European Communities 31. 3. 88 
for a prices and intervention system for a certain number of 
products in the sector; 
Whereas producers should be made more aware of the real 
needs of the market in fruit and vegetables; whereas this 
should be achieved, where appropriate, by defining a 
quantity which may be bought in, in excess of which the 
financial liability should be borne by the producers; 
Whereas the consequence of the liability of the producers 
must be a reduction in the basic and buying-in prices 
applying in the following marketing year; 
Whereas an intervention threshold mechanism of this sort 
has already been introduced into the common organization 
of the market for tomatoes, by Regulation (EEC) No 1926/ 
87 (!), and for satsumas, Clementines, mandarins and 
nectarines, by Regulation (EEC) No 223/88; whereas 
provision should be made for a mechanism for fixing 
intervention thresholds for all the other products which are 
liable to be the subject of intervention and which are listed 
in Annex II to Regulation (EEC) No 1035/72; 
Whereas in so far as in Spain, during the 'verification of 
convergence' phase, such products are bought in and give 
rise to Community financing in accordance with Article 
133(3) of the Act of Accession, provision should be made 
for the fixing of a quantity of those products in excess of 
which financial liability will be borne by the producers; 
Whereas, in view of the specific provisions of the Act of 
Accession, and in particular Article 265 thereof, no 
provision need be made during the first stage of transition 
for the application of similar measures in Portugal, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The following Article 16b is added to Regulation (EEC) No 
1035/72: 
'Article 16b 
1. Where the market in a product listed in Annex II is 
affected by or is likely to be affected by imbalances 
giving rise or liable to give rise to the buying in of 
(!) OJ No L 183, 3. 7. 1987, p. 24. significant quantities pursuant to Articles 15, 15a, 15b, 
19 and 19a, an intervention threshold shall be fixed 
before the beginning of the marketing year for those 
products and if intervention exceeds the said threshold 
by a quantity assessed according to the product on the 
basis of the quantity bought in during one marketing 
year or the average quantity bought in over several 
marketing years, financial liability shall be borne by the 
producers. 
Any exceeding of the intervention threshold shall result 
in a reduction in the basic and buying-in prices applying 
during the following marketing year; such reductions 
may not however exceed 20 %. 
Reductions resulting from the application of the 
preceding subparagraphs shall not be taken into 
account in subsequent marketing years for the fixation 
of the basic and buying-in prices in accordance with the 
criteria laid down in Article 16(2) and (3). 
2. If, during the verification of convergence phase 
referred to in Article 131 of the Act of Accession, a 
threshold is fixed pursuant to paragraph 1 for a given 
product in the Community as constituted at 31 
December 1985 and if quantities of that product are 
bought in Spain in accordance with the provisions 
applying, the Council, in accordance with the procedure 
laid down in paragraph 3, shall fix for Spain an 
intervention threshold in excess of which financial 
liability shall be borne by the producers under the 
conditions which it shall lay down. 
Any reduction in prices in the Community as con­
stituted at 31 December 1985 decided pursuant to 
paragraph 1 shall not be taken into account for the 
application in Spain and Portugal of the price discipline 
provided for in Articles 135(1) and 265(1) respectively 
of the Act of Accession. 
3. The Council, acting by a qualified majority on a 
proposal from the Commission, shall lay down: 
— the rules for applying this Article, 
— the criteria for fixing the intervention thresholds, 
— the financial consequences of intervention in excess 
of the thresholds for each of the products concerned. 
4. (a) The Commission shall, where appropriate, 
establish before 1 March whether the thresholds 
provided for in paragraph 1 have been exceeded. 
(b) The Commission shall adopt, as the need arises, 
measures for the application of this Article in 
accordance with the procedure laid down in 
Article 33. These may include measures to 
31. 3. 88 Official Journal of the European Communities No C 84/31 
ensure the transition from the arrangements 
applicable during the verification of convergence 
phase or the first stage to the second phase or 
stage. 
5. The provisions of this Article shall not apply to 
tomatoes, satsumas, Clementines, mandarins and 
nectarines during the period of application of Articles 
16(3a) and 16a.' 
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, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas, in order to curb any increase in the Community's 
tobacco production and at the same time to discourage the 
growing of varieties which are difficult to dispose of, 
provision should be made for a proportional reduction in 
the prices and premiums if production exceeds a maximum 
guaranteed quantity fixed for each harvest; whereas certain 
costs are added to the intervention price to obtain the 
derived intervention price; whereas the application of the 
reduction coefficient to the derived intervention price must 
not affect such costs; 
Whereas the maximum quantity must be established in the 
light of production statistics and the market situation; 
whereas in order to continue to implement a policy aimed 
at encouraging the most sought-after varieties and to take 
account of specific regional features of tobacco production, 
a maximum guaranteed quantity should be fixed for each 
variety or group of varieties; whereas provision should be 
made, for a limited period, for a ceiling on any reduction in 
the prices and premiums; whereas Regulation (EEC) No 
727/70 should be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 727/70 is hereby amended as 
follows: 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. 
The following paragraph 5 is added to Article 4: 
'5. Each year and in accordance with the procedure 
provided for in Article 43(2) of the Treaty, the Council 
shall fix a maximum guaranteed quantity in particular 
in the light of market requirements for each variety or 
group of varieties of Community-produced tobacco for 
which prices and premiums are fixed. The overall 
maximum quantity for the Community shall be fixed at 
385 000 tonnes of leaf tobacco for each of the 1988, 
1989 and 1990 harvests. 
Without prejudice to the provisions of Articles 12a and 
13, for each 1 % by which the maximum guaranteed 
quantity is exceeded per variety or group of varieties, 
the norm and intervention prices and the premiums 
concerned shall be reduced by 1 %. The reduction shall 
not exceed 5 % for the 1988 harvest and 15 % for the 
1989 and 1990 harvests. 
For the purposes of applying this paragraph, the 
Commission shall establish before 31 July whether 
production exceeds the maximum guaranteed quantity 
for a variety or group of varieties. 
Detailed rules for the application of this paragraph shall 
be adopted in accordance with the procedure laid down 
in Article 17.' 
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. Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 727/70 on the 
common organization of the market in raw tobacco 
COM(88) 84 final 
(Submitted by the Commission to the Council on 25 February 1988) 
(88/C 84/18)