NoC^roo Official ]ournai of the European Communities ^ ^o 
proposal fora 
CC^^NCtLREG^EA^C^N(EEC)No... 
of... 
amending Regulation (EEC) No 727g^0 on the common organization of the market in raw 
tobacco 
(^C^DB3) 
Tt^^ concern o^r^^^n^o^^^eo^^uNtTt^, 
having regard to the Treaty establishing the European 
Economic Community, and in particular Articled 
thereof, 
having regard to the proposal from the Commission, 
having regard to the opinion of the European parliament, 
staving regard to the opinion of the Economic and social 
Committee, 
whereas Articled of Council Regulation (EEC) 
No727/70(^ as last amended hy Regulation (EEC) 
No 1^1/^^ (^),provides for the granting ofapremium to 
purchasersofleaftohaccoharvestedintheCommunitywhile 
Articles^and^of that Regulation provide for intervention 
arrangements for Community tobacco; whereas at present 
premiums and intervention may be applied for without any 
specification regarding time limits; 
whereas,withaview to improving controls in the tobacco 
sector and the operation of the system of maximum 
guaranteed quantities introduced by Council Regulation 
(EEC) NoMhP^^PE amending Regulation (EEC) 
No 7^7/70, and for the sake of sound management, the 
period during which the premium may be granted and the 
period during which deliveries may be made to intervention 
shouldbe limitedonthe one band taking accountof the 
cultivation and marketingmethods in the tobacco sector and 
atime limit slightly after the harvest should be laid down on 
the other hand for the placing under supervision of all 
tobacco qualifying for the premium or intervention; 
whereas, followingthelimitationoftheperiodduringwhich 
the premium may be granted,withaviewto legal clarity and 
uniform application in all the member states, the conditions 
under whichthe premium isgrantedshouldbe specified; 
whereas it should in particular be stated that, in accordance 
with practices existing in several member states, the 
premium may only be granted if p^oof is provided tbat the 
tobacco is actually incorporated in manufactured products 
or products exported to third countries; 
whereas Articled of Regulation (EEC) No727gB0 
provides,as mentioned above,forthe granting ofapremium 
undercertainconditionstopurchasers of leaf tobacco of 
(^o^DLt^,M ^m^,D.^ Community origin; whereasoneof theconditions is the 
existence of a contract between the grower and the 
purchaser; whereas,withaview to improving the quality of 
Community tobacco, balancing supply and demand in the 
sector and supporting programmes for conversion to 
varieties sought after on the market, the existence of a 
European cultivation contract concluded between the 
purchaser and the seller ofleaftobaccoof Community origin 
is the most suitable means of achieving the abovementioned 
aims; whereas the existence of the said cultivation contract 
should accordingly be laid down as one of the conditions for 
the granting of the premium; 
whereas Articled (^) of Regulation(EEC)No727g^0 
providesfor a systemof ma^imumguaranteed quantities 
(^iGC^); whereas that system entails in particular the filing, 
within overall production of ^^000 tonnes ofleaf tobacco 
for the Community,ofa^GC^foravariety or group of 
varieties in Community production,any overrun inwhich 
results in a proportional reduction in the prices and 
premiums; whereas ^i(GC^s by variety or group of varieties 
are fi^ed for the harvest of the following year; whereas the 
overall ^vtGC^ and the maximum reductions wbere the ^viGC^ 
byvariety or group ofvarieties is exceeded were fi^edfortbe 
t^^,l^^ and 1^0 harvests; whereas the said overall 
^tGC^ and the said maximum reductions should accordingly 
be fi^ed for tbe three forthcoming harvests, 
Regulation (EEC) No 7^7/70 is bereby amended as 
follows^ 
t^ Article^(l)and(^) are replaced by the following^ 
^1. Apremium shall be granted to natural or legal 
persons who purchase leaf tobacco direct from 
Community producers. 
The premium shall be granted only to purchasers^ 
(i) who have concluded European cultivation 
contracts with producers before the date to be 
determined in accordance with paragraphs; 
(ii) whosubject the product thuspurchasedtofirst 
processing and market preparation; 
(iii) wbo place the tobacco under supervision before 1^ 
^tay following tbe year of harvest; 
28. 2. 90 Official Journal of the European Communities No C 49/101 
(iv) who provide proof before the expiry of a period of 
four years following the year of harvest that the 
tobacco has been incorporated into manufactured 
products or products exported to third countries. 
2. By way of derogation from points (i) and (ii) of 
paragraph 1 and subject to presentation of cultivation 
declarations before the date to be determined in 
accordance with paragraph 3, premiums shall be granted 
to individual producers or producers who are members 
of an association, who subject their own leaf tobacco to 
first processing and market preparation.' 
2. Article 4 (5) is amended as follows: 
(a) The last sentence of the first subparagraph is 
replaced by: 
'The overall maximum guaranteed quantity for the 
Community is hereby set at 385 000 tonnes of leaf 
tobacco for each of the 1988 to 1993 harvests.' 
(b) The fourth subparagraph is replaced by the 
following: 
'The reductions referred to in the third 
subparagraph shall not exceed 5% for the 1988 
harvest and 15% for the 1989 to 1993 harvests.' 
3. Article 5 (1) is replaced by the following: 
'1. Subject to the provisions of Article 6a, the 
intervention agencies designated by the Member States 
shall be obliged, in accordance with the conditions 
specified in this Article, to buy in leaf tobacco harvested 
This Regulation shall be binding in its 
States. in the Community and offered to them, provided that it is 
not purchased under the provisions of Article 3. 
la. Leaf tobacco may only be bought in if it has been 
placed under supervision before 15 May following the 
year of harvest.' 
4. Article 6 (5) is replaced by the following: 
'5. Subject to the provisions of paragraph 4 and 
Article 6a, the intervention agencies designated by the 
Member States shall be obliged to buy in baled tobacco 
offered to them of the varieties for which a derived 
intervention price is fixed.' 
5. The following Article 6a is inserted: 
'Article 6a 
Leaf tobacco and baled tobacco may only be bought in if 
the tobacco is offered for intervention within two years 
of the year of harvest of the tobacco concerned.' 
Article 2 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
Article 1 (1), (3), (4) and (5) shall apply from the 1991 
harvest. 
and directly applicable in all Member 
Done at Brussels, . . . 
For the Council