24.12. 87 Official Journal of the European Communities No C 349/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation amending Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables 
COM(87) 585 final 
(Submitted by the Commission to the Council on 12 November 1987) 
(87/C 349/08) 
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, 
Having regard to the opinion of the European Parlia­
ment, 
Whereas Council Regulation (EEC) No 1035/72 (>), as 
last amended by Regulation (EEC) No 2275/87 (2), 
provides for a system of prices and intervention for a 
number of products in the fruit and vegetables sector; 
Whereas producers of Clementines, satsumas, mandarins 
and nectarines should be made aware of the real needs 
of the market in these products; whereas this should be 
achieved, where appropriate, by defining intervention 
volumes or thresholds beyond which financial liability 
should be borne by producers; 
Whereas, the consequence of the liability of the 
producers must be that, whenever intervention exceeds 
the thresholds, the basic and buying-in prices (for those 
products) for the following marketing year are reduced; 
Whereas the threshold for each product may be 
expressed as a percentage of the average quantities 
produced and intended for consumption as fresh fruit 
over the past five marketing years for which production 
figures are available; whereas, in the case of mandarins, 
withdrawals of which already represent a high 
percentage of production, provision must be made for a 
degressive percentage coupled with measures to ensure 
the progressive adjustment of producers to the new 
situation; 
C) OJ No L 118, 20. 5. 1972, p. 1. 
(2) OJ No L 209, 31.7. 1987, p. 4. Whereas, during the first stage of accession, known as 
the verification of convergence stage, the Spanish market 
in the products concerned is not integrated into the 
market of the Community of Ten and Spain fixes 
institutional prices in accordance with a price discipline 
defined in Article 135 of the Act of Accession, whereby 
price increases may not exceed in value the increase in 
common prices; whereas, by reason of this special 
situation of the market in Spain, the reduction of 
common prices under the abovementioned measures 
must not affect the level at which prices are fixed in 
Spain; 
Whereas, in so far as interventionn operations are 
carried out for nectarines, satsumas, Clementines and 
mandarins in Spain and involve Community financing in 
accordance with Article 133 (3) of the Act of Accession, 
a quantity of nectarines, satsumas, Clementines and 
mandarins should be fixed which, if exceeded, will result 
in a reduction in prices in Spain for the following 
marketing year; 
Whereas, in view of the special provisions of the Act of 
Accession, and in particular Article 265 thereof, no 
similar measures need be applied in respect of Portugal 
during the first stage of transition; 
Whereas satsumas, Clementines and nectarines are of 
particular importance for the income of certain ca­
tegories of producers; whereas, therefore, these, products 
should also be included in the prices and intervention 
system, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1035/72 is hereby amended as 
follows: 
1. The following Article 16a is inserted: 
'Article 16a 
1. Where, in a given marketing year, the quantities 
of satsumas, Clementines mandarins and nectarines 
which are the subject of intervention measures in the 
No C 349/6 Official Journal of the European Communities 24.12. 87 
Community as constituted on 31 December 1985 
pursuant to Articles 15, 15b, 19 and 19a of Regu­
lation (EEC) No 1035/72 exceed the thresholds 
defined in paragraph 2, the basic prices and the 
buying-in prices laid down for these products for the 
following marketing year pursuant to the criteria laid 
down in Article 16 (2) and (3) shall be reduced by 
1 % per tranche of: 
— 5 tonnes in the case of satsumas, 
— 2 000 tonnes in the case of Clementines, 
— 2 500 tonnes in the case of mandarins, 
— 2 500 tonnes in the case of nectarines, 
in excess of the quantity specified in paragraph 2. 
Application of this provision must not, however, result 
in a reduction of more than 20 %. 
The reduction resulting from application of the first 
subparagraph shall not be taken into account when 
the basic buying-in prices are fixed for subsequent 
marketing years in accordance with the criteria laid 
down in paragraphs 2 and 3 of Article 16. 
2. The intervention thresholds for satsumas, 
Clementines and nectarines shall be fixed at 10 % of 
the average production grown for consumption as 
fresh fruit over the last five marketing years for which 
data are available. 
The intervention thresholds for mandarins shall be the 
following percentages of the average production 
grown for consumption as fresh fruit over the last five 
marketing years for which data are available: 
— for the 1987/1988 marketing year: 65 %, 
— for the 1988/1989 marketing year: 50 %, 
— for the 1989/1990 marketing year: 35 %, 
— for the 1990/1991 marketing year: 20 %, 
— for the 1991/1992 marketing year, onwards: 10 %. 
3. Where, in the case of Spain, intervention 
operations are carried out during the verification of 
convergence stage in accordance with the provisions 
applicable, the Council, acting by a qualified majority 
on a proposal from the Commission, shall fix a maximum quantity of products which may be subject 
to intervention measures and which, if exceeded, will 
entail a reduction in Spanish institutional prices for 
the following marketing year. 
4. The reduction in the prices to be applied in the 
Community as constituted on 31 December 1985 
provided for in the first subparagraph of paragraph 3a 
shall not be taken into consideration for the purposes 
of applying, in Spain and Portugal, the price 
discipline provided for in Articles 135 (1) and 265 (1) 
of the Act of Accession. 
5. The Commission shall adopt detailed rules for 
implementing this Article, in accordance with the 
procedure laid down in Article 33 of Regulation 
(EEC) No 1035/72 and shall in particular fix the 
intervention thresholds.' 
2. Annex II is replaced by the following: 
'ANNEX II 
Products covered by the price and intervention system 
Cauliflowers 
Tomatoes 
Aubergines 
Peaches 
Nectarines 
Apricots 
Lemons 
Pears (other than perry pears) 
Table grapes 
Apples (other than cider apples) 
Mandarins 
Satsumas 
Clementines 
Sweet oranges.' 
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.