3. 4. 89 Official Journal of the European Communities No C 82/65 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of... 
to improve the state of Community apple production 
(89/C 82/48) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION r 
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 the Community market in apples displays some 
degree of quantitative and qualitative imbalance between 
supply and demand; whereas this stems in particular from 
the survival of old orchards alongside those recently 
created; 
Whereas the market stabilization measures cannot by 
themselves serve to overcome such difficulties; whereas 
action should also be taken on production potential in 
order to adapt it as far as possible to present and 
foreseeable outlets for Community production during a 
period of three marketing years; 
Whereas, in order to promote action to that end, producers 
should be encouraged to give up producing apples; 
whereas, to that end, provision should be made for the 
granting of premiums to producers who undertake to grub 
up all or part of their apple orchards and who also 
undertake not to extend their apple orchards during a given 
period; 
Whereas the amount of the premium will be determined 
taking account of both the cost of grubbing-up operations 
and the loss of future income; 
Whereas, in order to ensure that the grubbing-up measure 
is definitely effective, where prices fall as a result of the 
application of the intervention threshold, all members of a 
producer organization within which producers have 
undertaken a grubbing-up measure must qualify for a 
reduction in the aforementioned fall in prices; 
Whereas the grubbing-up premium is of Community 
interest and its aim is to achieve the objectives laid down in 
Article 39 of the Treaty; whereas provision should be made 
for financing of 50 % of this measure from the Guarantee 
Section of the European Agricultural Guidance and 
Guarantee Fund, Article 1 
Community apple producers shall qualify, on application 
and under the conditions laid down below, for a premium 
for the grubbing-up of apple trees other than cider apple 
trees. The grubbing-up measures shall commence from the 
1989/90 marketing year. 
Article 2 
The premium shall be granted subject in particular to a 
written undertaking by the recipient: 
(a) to grub up or have grubbed up before 1 April of each 
year the apple trees in respect of which the premium is 
applied for; 
(b) to refrain, during a period of six years on their holdings 
and on planted areas remaining after the grubbing-up 
operations in respect of which the premium is granted, 
from planting any apple trees other than such planting 
carried out after notification of the Member State 
concerned for the normal total or partial renewal of 
orchards. 
Article 3 
1. The amount of the premium shall be fixed taking 
account in particular of the grubbing-up costs and the loss 
of revenue suffered by the producers who have carried out 
grubbing-up operations. That amount may vary according 
to the production region. 
2. The amount of the premium shall be paid in one 
payment at the latest three months after the producer has 
provided proof that he has actually carried out grubbing-
up. 
Article 4 
Where the withdrawal price falls as a result of an overrun in 
the intervention threshold, that fall shall be reduced by five 
points for all members of producer organizations half of 
whose members have met the conditions for qualifying for 
the grubbing-up premium. 
No C 82/66 Official Journal of the European Communities 3. 4. 89 
Article 5 
The Member States shall ascertain whether recipients of 
the premium have fulfilled their undertakings as provided 
for in Article 2. They shall verify compliance with the 
undertaking provided for in Article 2(b) during the last 
three months of the six-year period mentioned in Article 2. 
The Member States shall inform the Commission of the 
findings of such verifications. 
Article 6 
The grubbing-up operations shall be financed 50 % by the 
Member States and 50 % from the EAGGF Guarantee 
Section. 
The measures provided for in this Regulation shall be 
deemed to be intervention intended to stabilize the 
agricultural markets within the meaning of Article 3 of 
Council Regulation (EEC) No 729/70 (*). 
(!) OJ No L 94, 28. 4. 1970, p. 13. 
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, Article 7 
The Member States shall take any additional measures 
required to ensure that the undertakings referred to in 
Article 2 are complied with, in particular as regards the 
penalties to which the parties concerned are liable where 
they violate such undertakings. 
Article 8 
The detailed rules for applying this Regulation regarding in 
particular the conditions for granting and the amount of 
the premium and the appropriate controls shall be adopted 
in accordance with the procedure laid down in Article 33 of 
Council Regulation (EEC) No 1035/72 (2). 
Article 9 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply until 30 June 1992. 
(2) OJ No L 118, 20. 5. 1972, p. 1. 
Whereas Part A of Annex I to Council Regulation (EEC) 
No 426/86 (!), as last amended by Regulation (EEC) No 
2247/88 (2), lists the products for which production aid is 
given; whereas pears of the Rocha variety, the most 
representative sold in Portugal for processing, should be 
(!) OJ No L 49, 27. 2. 1986, p. 1. 
(2) OJ No L 198, 26. 7. 1988, p. 21. 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... 
amending Regulation (EEC) No 426/86 on the common organization of the market in 
products processed from fruit and vegetables 
(89/C 82/49)