No C 112/34 Official Journal of the European Communities 3. 5. 82 
Reason 
To attempt to resolve the problems of alternative products and the resultant cyclical surpluses in 
Community wine production as the Commission proposes to do by extending compulsory preventive 
distillation to 50 % of the value of the product is not merely an unacceptable anomaly; it seems liable to be 
difficult to put into effect. 
It would, after all, entail determining and monitoring the quotas to be assigned to the individual growers in 
the face of marked shortcomings in the administrative machinery. 
Distillation as stipulated in Article 15 would prove a more efficient preventive measure to restore 
profitability to the wine market, provided it were implemented right from the start of the marketing year as 
soon as the results of the Community budget indicate a cyclical surplus. 
Voting 
For: 17; against: 55; abstentions: 21. 
Opinion on the proposals for: 
— a Regulation amending Council Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables as regards producer organizations 
— a Regulation amending Council Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 281 of 4 November 1981, pages 3 to 5. 
A. LEGAL BASIS FOR THE OPINION 
On 28 October 1981 the Council referred the abovementioned proposals to the Economic and 
Social Committee in accordance with Article 43 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 195th 
plenary session held in Brussels on 24 and 25 February 1982. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the request made by the Council of the 
European Communities on 28 October 1981 for an 
opinion on the proposal for a Regulation amending 
Council Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables as 
regards producer organizations, and the proposal for a 
Regulation amending Council Regulation (EEC) No 
1035/72 on the common organization of the market in 
fruit and vegetables, 
Having regard to the decision taken by its Bureau on 
27 October 1981 instructing the Section for Agriculture 
to prepare an opinion on the matter, 
Having regard to its previous work on the matter, Having regard to the opinion adopted by the Section for 
Agriculture at its 232nd meeting held on 4 and 5 February 
1982 (meeting of 4 February), 
Having regard to the report made by the rapporteur, Mr 
Paggi, 
Having regard to the discussions at its 195th plenary 
session held on 24 and 25 February 1982 (meeting of 
25 February), 
HAS ADOPTED THE FOLLOWING OPINION 
by 70 votes to 27, with 10 abstentions: 
1. Preliminary remarks 
1.1. The Committee wishes to point out first of all 
that the proposed Regulations on which it has been 
consulted are just one facet of the reform of Community 
rules and regulations in preparation for the further 
3. 5. 82 Official Journal of the European Communities NoC 112/35 
enlargement of the EEC. The Committee has expressed 
its views on this matter on several occasions, notably in its 
opinion on agricultural aspects of the enlargement of 
the Community to include Spain (*), adopted on 
23 September 1981. Given this further enlargement of the 
Community, the Committee stresses the need for an 
improvement in the rules covering the fruit and vegetables 
sector on the basis of the principles of fairness and 
equivalence as advocated by the Commission in its 
observations made within the context of the Mandate of 
30 May. 
1.2. The proposals for Mediterranean farming, to 
which the fruit and vegetable proposals belong, are 
considered by the Committee to be only a small part of the 
programmes announced in the Mandate. 
1.3. The Committee would urge the Commission to < 
rush through further proposals for Mediterranean 
farming, which will be a big help in boosting living 
standards in this area. 
1.4. To make for a better understanding of the 
Commission's proposals and the text of this opinion, the 
Commission would point out that references to producer 
organizations cover both producer groups and 
associations thereof within the meaning of the parent 
Regulation (EEC) No 1035/72. The Committee also 
recommends that an effort be made to align, in the 
various languages, the names of the bodies concerned by 
the provisions. 
2. Proposal for a Council Regulation amending 
Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables as 
regards producer organizations 
2.1. The Committee endorses the Commission's view 
that, with the EEC about to be further enlarged, the 
economic organization of the agricultural sector should 
be suitably strengthened by developing producers 
organizations. Indeed, this is precisely what the 
Committee called for in the aforementioned opinion on 
agricultural aspects of the enlargement of the Community 
to include Spain. 
2.2. The requirements (Article 1) which producer 
organizations will have to meet in order to obtain 
recognition from their respective Member States, are a 
guarantee that recognition will only be bestowed on 
organizations genuinely able to perform the duties laid 
down by Community rules and regulations. 
(») OJ No C 310, 30. 11. 1981, p. 36. 2.3. The Committee, however, points to the 
difficulties producer organizations will face if they have to 
be recognized by a Member State before they can qualify 
for 'launching' aid. Producer organizations should 
therefore be granted recognition if the articles or statutes 
regulating the rights and duties of members are clearly in 
conformity with Regulation (EEC) No 1035/72. 
2.4. The Committee would ask that the annual report 
(last indent of Article (2)) which each Member State will 
be required to draw up on the application of these rules 
and regulations should also assess the latter's impact on 
levels of supply, product quality and consumer prices. 
2.5. Noting the new scheme to grant aid to producer 
organizations (first and second indents of Article 2 (1)), 
the Committee points out that steps must be taken to 
ensure that Member States are obliged to grant aid to 
producers who join recognized producer organizations. 
2.6. On the other hand the Committee welcomes the 
obligation on Member States to make payments in annual 
instalments over a maximum period of seven years 
following the date of recognition of the producer 
organization (third indent of Article 2(1)). Basically, this 
means that funds will be available especially during the 
'launching' phase, i.e. the most difficult period in the life 
of an organization when slowness of payments can 
hamper producer organizational work. 
2.7. The Committee wonders whether it would not be 
opportune to examine the case of organizations which 
have turned out to have been operating on too wide a 
scale to be efficient and are forced to split up into several 
smaller groups: the criteria governing such action would 
have to be laid down, and mechanisms would have to be 
found for sharing out aid already allotted to the original 
organization. 
3. Proposal for a Council Regulation amending 
Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables 
3.1. The Committee is aware, on the eve of further 
enlargement of the EEC, that the common markets in the 
fruit and vegetables sector need to be appreciably 
strengthened. This is equally clear from past Committee 
work, and in particular its recent opinion on the 
agricultural aspects of the enlargement of the Community 
to include Spain. 
3.2. Because of this the Committee endorses the 
Commission's policy of trying to secure a better balance in 
the fruit and vegetables market through a series of 
measures designed to improve production and marketing 
NoC 112/36 Official Journal of the European Communities 3. 5. 82 
structures, intervention machinery and trade 
mechanisms. If common markets in the sector are to 
operate more effectively, it is likewise essential to ensure 
that the rules governing quality standards for fruit and 
vegetables are enforced and that the observance of such 
rules is monitored, in all Member States and right up to 
the consumer stage. 
3.3. Extension to other producers of the rules binding 
on producer organizations (new Article 15 (b)) 
3.3.1. The Committee reiterates the importance of 
strengthening the economic organization of the 
agricultural sector and so supports the decision to ensure 
that producer organizations operate more effectively. It is 
also clear that producer organizations cannot play their 
role to the full if the problem of producers who do not 
belong to organizations, i.e. those operating on the 
market with complete autonomy, is not resolved. 
3.3.2. It is essential to recognize that the course 
adopted by the Commission will create problems on 
several fronts: it will be difficult to ensure that farmers are 
free to make their own decisions and, more important, to 
ensure that Community preference is fully observed and 
that there is free movement of goods between regions 
where the rules have been extended rigorously to 
non-associated producers, and regions where there has 
been no such extension. 
3.3.3. The Commission's proposals (new Article 15 
(b)(8)) also leave one crucial problem unresolved, namely 
what criteria are to be used in determining the 
'representativeness' of an association in an 'economic 
area' i.e. in a 'region made up of bordering or 
neighbouring production zones in which production and 
marketing conditions are the same'. 
3.3.4. Moreover, that 'minimum common 
• denominator' which guarantees observance of the rules 
on competition in the Community is likely to be broken 
up by the ample opportunity given to Member States to 
adopt their own measures to ensure that the rules are 
extended (Article 1 (5)). 
3.3.5. Last, but not least, the Committee emphasizes 
that reservations of a constitutional nature could hamper 
the implementation of such legislation in a number of 
individual Member States. 
3.4. Strengthening the intervention system (new Article 
17(a)) 
3.4.1. In the interests of securing a, better balance on 
the markets concerned, the Commission proposes that, in 
the event of a 'serious crisis ', prices should also be 
recorded at some point in the marketing process where the symptoms of a crisis ought to become apparent. This 
proposal is acceptable in so far as it would actually trigger 
an earlier declaration of a crisis. In deciding whether such 
a crisis has occurred the Commission should, however, 
only take into account what happens in major national 
wholesale markets. 
3.4.2. The intervention system available in the event 
of a 'serious crisis' should, however, be accompanied by 
improvements in the safeguard mechanism for protection 
against imports from third countries until such time as the 
crisis is over. 
3.5. Entry price (new Article 24 (4)) 
3.5.1. The Committee endorses the proposed changes 
in the mechanism for calculating entry price, namely that 
the prices of Community products be automatically taken 
into account in calculating the entry prices of imported 
tomatoes, peaches and table grapes, i.e. products not 
bound in GATT. This system should be extended to cover 
all products subject to reference prices. 
3.6. Scope (Article 1 (8)) 
3.6.1. The Committee is favourably disposed to the 
proposal that the market organization be extended to 
cover aubergine and apricot growers. So far the list has 
been limited to nine products. The Section considers that 
this is a first step towards improving the balance of the 
whole fruit and vegetables sector and that, with this in 
mind, cherries should also be included in Appendix II 
which lists products enjoying guarantees. Relevant in this 
respect is the Committee's previous work on the 
agriculture of the French overseas departments. 
3.7. New proposals (explanatory memorandum), 
point 5 
3.7.1. The Committee intends to make a particularly 
careful study of the rules to be drawn up by the 
Commission on standardization. It is, moreover, 
convinced that such improvements as are made should 
ensure that products and varieties which come closer to 
meeting consumer expectations are actually brought on 
to the market. However, close attention will have to be 
paid not only to taste but also to nutritive value and the 
presence of harmful substances. 
3.7.2. The Committee likewise awaits the 
Commission proposals on: (a) the application of 
reference prices to further products (apricots, artichokes, 
melons, green beans and lettuces); and (b) the extension 
of the period of validity of existing reference-price 
arrangements (for tomatoes and table grapes). 
3.7.3. The Committee finally notes the Commission's 
plan to apply the reference price system more extensively. 
3. 5. 82 Official Journal of the European Communities No C 112/37 
It considers that the existing system of reference prices has the fruit and vegetable sector. In this connection it will be 
a number of drawbacks. For this reason it thinks that any necessary to examine how the system of reference prices 
proposals on this subject must provide the opportunity can fit in more with the new agricultural policy guidelines 
for an in-depth discussion of the reference price system in laid down in the '30 May 1980 Mandate'. 
Done at Brussels, 25 February 1982. 
The Chairman of 
the Economic and Social Committee 
Tomas ROSEINGRAVE 
ANNEX 
to the opinion the Economic and Social Committee 
REJECTED AMENDMENTS 
The following amendments, tabled in accordance with the Rules of Procedure, were rejected in the course 
of the Committee's debate: 
Point 2.1 
To be amended as follows: 
'The Committee agrees with the Commission that now that Spain and Portugal are about to join the 
Community it is necessary to examine how the existing market organizations for fruit and vegetables 
are to be adapted. 
Efforts should be made inter alia to improve the operation of producer organizations. The Committee 
endorses the Commission's efforts and also has no objection to further funds being made available for 
this purpose.' 
Reasons 
Adjustments will have to be made to the policy in order to permit the development of agriculture in the 
Mediterranean areas. In our view it is not enough just to strengthen the organization of the market or the 
arrangements dealing with producer organizations. The present amendment aims to ensure that the various 
problems are tackled within a wider context. 
Voting 
For: 18; against: 58; abstentions: 20. 
Points 3.1 and 3.2 
To be amended as follows: 
'The Committee agrees in principle with the Commission's attempts to improve the prospects for 
Mediterranean farming in the Community by adapting the market organizations for fruit and 
vegetables. 
It wonders, however, whether the proposals will be of any benefit in the medium term.' 
Reasons 
Adapting the market organizations for fruit and vegetables can actually help improve agriculture, 
particularly in the Mediterranean area. 
It would, however, be unrealistic to imagine that such changes, and particularly the approach adopted by 
the Commission, will lead to a solution of the problem of Mediterranean agriculture in the longer 
term. 
More stringent rules on the domestic market and an extension of intervention measures will force up prices 
and no doubt substantially increase the costs of financing the fruit and vegetables sector in the longer 
term. 
No C 112/38 Official Journal of the European Communities 3. 5. 82 
Now is the time to ask what the consequences of such a policy will be when the supply of such products is 
greatly increased after the accession of Spain and Portugal. Nor is the extension of protection, as provided 
for in the proposals, at all consistent with the policy lines sketched out in the 'Mandate' document. 
Voting 
For: 29; against: 61; abstentions: 12. 
Insert a new point 3.3.6, reading as follows 
'In order to ensure the same conditions of competition it is necessary to adhere to the principle of equal 
treatment of all producers in all Member States by Community legislation enacted by the Council at the 
proposal of the Commission.' 
Reasons 
Constitutional objections or objections to do with orderly administration put forward by certain Member 
States against the Commission's proposal must not result in the Directive being applied on an optional basis 
in the Member States. The Community legislation enacted by the Council must guarantee producers in all 
Member States approximately the same rights and obligations and possibilities of ensuring equal 
conditions of competition. 
Voting 
For: 29; against: 40; abstentions: 25. 
Point 3.5.1 
To be amended as follows: 
'The Committee is unable to agree with the proposed changes in the mechanism for calculating entry 
prices, namely that the prices of Community products be automatically taken into account in 
calculating the entry prices of imported tomatoes, peaches and table grapes. The raising of this 
protective wall around the Community does not accord with the principle of supplying consumers at 
reasonable prices.' 
Reasons 
The incorporation of such automatic adjustment in the reference price system provides absolute protection 
for the products in question in the fruit and vegetable sector. 
In recent years the reference price system has already been considerably strengthened by the fact that cost 
levels within the Community have been taken as a yard-stick for reference prices. 
Such a strategy is incompatible with the principle enounced in the Mandate of a price policy based on the 
alignment of Community prices on those prevailing in the Community's major competitors. 
Voting 
For: 48; against: 52; abstentions: 6. 
Point 3.5.1 
For the present text substitute: 
'The Committee cannot endorse the proposed changes . . . products not bound in GATT.' 
Reasons 
If importers in the Community and exporters in third countries are to know what duty they will have to pay, 
the duty must be based on their prices. This is true of ordinary tariffs and it is also true of levies. The 
introduction of Community prices makes the whole system unpredictable. It is for that reason that the 
Community has fought so vigorously to get American selling prices abolished and it is also for that reason 
that in the customs valuation code under GATT selling prices in the American market are not included as a 
way of calculating duty. 
3. 5. 82 Official Journal of the European Communities NoC 112/39 
If it is felt that existing protection of these commodities is inadequate it can be increased through such 
normal methods as an increase in duty or in reference price. For products not bound in GATT it is always 
possible to increase protection where that is thought to be necessary through the normal methods. 
It would be doubly unsatisfactory if the use of Community prices were to lead to extra duties being charged 
on products whose price because of its quality was already above the reference price. 
Voting 
For: 42; against: 50; abstentions: 11. 
The following text of the opinion was superseded by an amendment approved during the plenary session 
debate: 
Point 2.5 
'Noting the new scheme to grant aid to producer organizations (first and second indents of 
Article 2(1)), the Section observes that payments by Member States are to be optional rather than 
mandatory. This means that the scheme will be applied only in the case of new members first joining 
producer organizations.' 
Voting 
For: 36; against: 34; abstentions: 25. 
Opinion on the proposals for: 
— a Directive amending Council Directive 71 /118 / EEC on health problems affecting trade in 
fresh poultrymeat in respect of personnel responsible for carrying out health inspections, 
supervision and control tasks 
— a Directive concerning the' qualifications of the personnel responsible for carrying out 
health inspections, supervision and control tasks foreseen by Council Directive 
77/99/EEC on health problems affecting intra-Community trade in meat products 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 262 of 14 October 1981, pages 3 and 4. 
A. LEGAL BASIS FOR THE OPINION 
On 5 October 1981 the Council referred the abovementioned proposals to the Economic and 
Social Committee in accordance with Article 43 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 195th 
plenary session held in Brussels on 24 and 25 February 1982. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the request made by the Council of the 
European Communities on 5 October 1981 for an opinion on the proposal for a Directive amending Council 
Directive 71/118/EEC on health problems affecting 
trade in fresh poultrymeat in respect of personnel 
responsible for carrying out health inspections, 
supervision and control tasks, and the proposal for a 
Directive concerning the qualifications of the personnel 
responsible for carrying out health inspections,