3. 4. 89 Official Journal of the European Communities No C 82/51 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of... 
amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit 
and vegetables 
(89/C 82/41) 
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, pursuant to Article 16(4), 18(1) and 19(2) of 
Council Regulation (EEC) No 1035/72 (!), as last amended 
by Regulation (EEC) No ... (2), the prices at which products 
are bought in pursuant to Articles 19 or 19a and the 
financial compensation paid pursuant to Article 18 are 
calculated on the basis of the buying-in price multiplied by 
the conversion factors; 
Whereas producers of oranges, mandarins, satsumas and 
Clementines must be encouraged to present their surplus 
products for processing; 
Whereas the differences in upgrading of the product as a 
result of the application of the conversion factors were 
established for the requirements of the market for products 
consumed fresh and are not relevant for processing; 
Whereas there should therefore no longer be any variation 
in the withdrawal price for oranges, mandarins, satsumas 
and Clementines according to variety, size or mode of 
presentation and provision should be made for the 
withdrawal price for such products to be that of products in 
bulk in a means of transport, all varieties and sizes taken 
together; 
Whereas Article 16b(l) of Regulation (EEC) No 1035/72 
lays down on the one hand that an overrun of the 
intervention threshold fixed for a product is to be assessed, 
depending on the product, on the. basis of intervention 
during a marketing year or of the average intervention 
during several marketing years and on the other hand that 
the overrun of the intervention threshold results in a 
reduction in the basic and buying-in prices applying during the following marketing year; whereas, for certain 
products, the date of the end of the period of application of 
the basic and buying-in prices for a given marketing year is 
very close to the date of entry into force of the basic and 
buying-in prices for the following marketing year; 
whereas, in order to permit the application of the 
thresholds mechanism, in such cases the scale of interven­
tion during a period of 12 consecutive months overlapping 
with that marketing year should be permitted to be 
determined; whereas that option must be reserved for 
products for which the basic and buying-in prices are fixed 
for nine months or more during the one marketing year, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1035/72 is hereby amended as 
follows: 
1. The following subparagraph is inserted after the second 
subparagraph of Article 16(4): 
'As regards sweet oranges, mandarins, satsumas and 
Clementines, 
— the factor defined, for each product, for the varieties 
or types used for fixing the basic price shall be 
applied to all types or varieties of that product, 
— the factor defined for "mixed sizings" shall be 
applied whatever the size, 
— the factor defined for products "in bulk in a means of 
transport" shall be applied whatever the form of 
packaging.' 
2. The following sentence is added to the end of the first 
subparagraph of Article 16b(l): 
(!) OJ No L 118, 20. 5. 1972, p. 1. 
(2) OJ No L ... 'The overrun of the intervention threshold fixed for a 
product may however be assessed on the basis of 
No C 82/52 Official Journal of the European Communities 3. 4. 89 
intervention during a period of 12 consecutive months 
where the basic and buying-in prices for that product 
are fixed for nine months or more during a marketing 
year.' 
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 Article 89(1) thereof, 
Having regard to Council Regulation (EEC) No 1035/72 of 
18 May 1972 on the common organization of the market in 
fruit and vegetables (l), as last amended by Regulation 
(EEC) No ... (2), and in particular Article 16(1) thereof, 
Having regard to Council Regulation (EEC) No 2511/69 of 
9 December 1969 laying down special measures for 
improving the production and marketing of Community 
citrus fruit (3), as last amended by Regulation (EEC) 
No 3223/88 (4), and in particular Article 7(1) 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, pursuant to Article 16(1) of Regulation (EEC) 
No 1035/72, a basic price and a buying-in price are to be 
fixed for each marketing year for each of the products listed 
in Annex II to the said Regulation; whereas, in accordance 
(!) OJ No L 118, 20. 5. 1972, p. 1. 
(2) OJ No L ... 
(3) OJ No L 318, 18. 12. 1969, p. 1. 
(4) OJ No L 288, 21. 10. 1988, p. 5. Article 2 
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 the 1989/90 marketing year. 
with Article 1(3) of the above Regulation, the marketing 
years for the products in question are as follows: 
— for cauliflowers, from 1 May to 30 April, 
— for tomatoes, from 1 January to 31 December, 
— for peaches and nectarines, from 1 May to 31 October, 
— for lemons, from 1 June to 31 May, 
— for pears, from 1 June to 31 May, 
— for table grapes, from 1 May to 30 April, 
— for apples, from 1 July to 30 June, 
— for mandarins, satsumas and Clementines, from 1 
October to 15 May, 
— for oranges, from 1 October to 15 July, 
— for aubergines, from 1 January to 31 December, 
— for apricots, from 1 May to 31 August; 
Whereas, however, pursuant to the third subparagraph of 
Article 16(1) of Regulation (EEC) No 1035/72, no basic This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at... 
For the Council 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of... 
fixing for the 1989/90 marketing year certain prices and other amounts applicable in the fruit 
and vegetables sector 
(89/C 82/42)