No C 49/82 Official Journal of the European Communities 28. 2. 90 
Proposal for a 
COUNCIL REGULATION (EEC) No . . . 
of . . . 
on the improvement of the Community market for apples 
(90/C 49/52) 
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 a feature of the Community market for apples is 
imbalance between supply and demand; whereas this 
situation is causing in particular a fall in prices and major 
withdrawals; 
Whereas market stabilization measures alone are not capable 
of remedying this imbalance; whereas specific measures 
should be taken to adapt production potential to present and 
foreseeable outlets for Community production; 
Whereas that objective may be achieved by introducing 
grubbing-up premiums for a period of three years for 
producers who undertake to abandon production of apples 
other than cider apples; whereas, in order to ensure that this 
grubbing-up measure is effective, only producers with the 
most productive orchards should qualify for the premium on 
condition that they undertake in writing not to replant apple 
trees; 
Whereas the premium, to be paid once only, will be 
determined taking account of both the cost of grubbing-up 
and the loss of income; 
Whereas the aim of the grubbing-up premium is to achieve 
the objectives laid down in Article 39 of the Treaty; whereas 
provision should be made for the measure to be financed in 
full by the Guarantee Section of the European Agricultural 
Guidance and Guarantee Fund, 
HAS ADOPTED THIS REGULATION: 
Article 1 
During the 1990/91, 1991/92 and 1992/93 marketing 
years, apple producers in the Community shall qualify, on 
application and under the conditions laid down below, for a 
premium, to be paid once only, for the grubbing-up of apple 
trees other than cider-apple trees. Article 2 
1. The premium shall be granted subject to a written 
undertaking by the recipient: 
(a) to grub up or have grubbed up the whole of his apple 
orchard at one time before 1 April of a given year, 
(b) to refrain from planting any apple trees other than 
cider-apple trees. 
2. For the purposes of this Regulation, 'apple orchard' 
means all parcels on the holding under apple trees less than 
15 years old with a density of more than 400 trees per 
hectare. 
Article 3 
The premium shall be fixed taking account in particular of 
grubbing-up costs and the loss of income suffered by 
producers carrying out grubbing-up operations. That 
amount may vary by production region. 
Article 4 
The Member States shall check whether recipients of the 
premium have fulfilled the undertakings laid down in 
Article 2. They shall take any further measures in particular 
to ensure compliance with the provisions of the premium 
scheme. They shall inform the Commission of the measures 
taken. 
Article 5 
The measures provided for in this Regulation shall be deemed 
intervention intended to stabilize the agricultural markets 
within the meaning of Article 3 of Council Regulation (EEC) 
No 729/70 0). They shall be financed by the EAGGF 
Guarantee Section. 
Article 6 
The premium shall be determined and the detailed rules for 
the application of this Regulation shall be adopted in 
accordance with the procedure laid down in Article 33 of 
Council Regulation (EEC) No 1035/72 (2). 
Article 7 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
H OJ No L 94, 28. 4. 1970, p. 13. 
(2) OJNoL 118,20. 5. 1972, p. 1. 
28. 2. 90 Official Journal of the European Communities No C 49/83 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, . . . 
For the Council