COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 475 final 
Brussels, 6 December 1993 
Sfc;fe 
Proposal for a 
COUNCIL REGULATION (EC) 
on the free distribution outside the Community 
of fruit and vegetables withdrawn from the market 
during the 1993/94 season 
(presented by the Commission) 
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I 
EXPLANATORY MEMORANDUM 
Subject: Proposal for a Council Regulation ( SC) on the free distribution 
outside the Community of fruit and vegetables withdrawn from the market 
during the 1993/94 season. 
1. The Community regulations provide that fruit and vegetables withdrawn from 
the market are to be distributed free to charitable organizations, schools, 
etc. The costs of transport incurred by such operations are to be charged to 
the EAGGF on the basis of a standard scale. 
2. This year the apple and orange harvests have been more than enough to satisfy 
Community demand. It should therefore be made possible for products 
withdrawn from the market to be distributed by charitable organizations to 
destinations where the people require food supplies. That is the aim of this 
proposal. 
3. As withdrawals of agricultural surpluses are the exclusive responsibility of 
the Community, the measures must be taken at Community level. 
3 
COUNCIL REGULATION (EC) No 
Of 
on the free distribution outside the community 
of fruit and vegetables withdrawn from the market 
during the 1993/94 season 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European community, 
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common 
organization of the market in fruit and vegetables(*), and in particular 
Article 35 thereof, 
Having regard to a proposal from the commission, 
whereas the Community fruit and vegetable harvest in the 1993/94 marketing year 
and in particular the apple and orange harvests are more than enough to satisfy 
Community consumption, to the extent that withdrawals of major quantities should 
be anticipated; 
whereas Article 21 of Regulation (EEC) No 1035/72 defines the way products 
withdrawn from the market may be disposed of; 
Whereas, in order to improve food supplies to people in certain third countries 
and in particular the victims of the conflict in the former Yugoslavia, apples, 
oranges and, where appropriate, other fruit and vegetables withdrawn from the 
market could be dispatched to such third countries through charitable 
organizations ; 
(1) OJ No L 118, 20.5.1972, p. 1. as last amended by Regulation (EEC) 638/93 
(OJ No L 69 of 20.3.1993, p.7) 
H Whereas there is no provision for this in Article 21 of Regulation (EEC) 
No 1035/72; whereas, however, on account on the one hand of the difficulties of 
supply encountered by victims of the conflict in the former Yugoslavia and on the 
other hand of the surplus apple and orange harvests in the Community, a measure 
derogating by way of an exception from Article 21 of that Regulation should be 
adopted to allow for the delivery of apples and oranges withdrawn from the market 
to the organizations concerned with a view to their free distribution to the 
people in question; whereas such an operation needs to be able to be extended 
quickly to cover other fruit and vegetables or other destinations in the event of 
serious supply difficulties; 
Whereas from now on it seems possible to extend this operation to oranges for the 
1993/94 season; 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. Article 21 of Regulation (EEC) No 1035/72 notwithstanding, during the 1993/94 
marketing year oranges and table apples of Community origin withdrawn from 
the market in accordance with that Regulation to charitable organizations 
approved by them for the purpose with a view to their free distribution to 
the victims of the conflict in the former Yugoslavia. 
2. Without prejudice to the Community provisions applicable to the subject, the 
costs of transport of the apples and oranges referred to in paragraph 1 shall 
be defrayed by the charitable organziations undertaking such operations. 
3. Apples and oranges dispatched pursuant to paragraph 1 shall not qualify for 
export refunds applying to fruit and vegetables. 
Article 2 
Detailed rules for the application of this Regulation and in particular for 
coordination under the Community emergency aid plan for the former Yugoslavia 
shall be adopted in accordance with the procedure provided for in Article 33 of 
Regulation (EEC) No 1035/72. 
In the event of serious difficulties of supply, the Commission may decide, in 
accordance with the same procedure, to apply Article 1 of this Regulation to 
other fruit and vegetables withdrawn from the market or in respect of other 
destinations. 
Article 3 
This Regulation shall enter into force on the third day following its publication 
in the Official Journal of the European Communities. 
It shall apply as from 15 October 1993. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at For the Council 
FINANCIAL STATEMENT 
1. BUDGET HEADING! 1501 APPROPRIATIONS: (1993 DB) ECU 393 Billion 
2 . TITLE : 
Proposal for a Council Raqulation daroqating fro* Articla 21 of Raqulation (EEC) No 1035/72 as raqards tba 
fraa diatribution outsida tha Coaaunity of fruit and vaqatablaa withdrawn fro* tha »*rktt in raapaot of tb 
1993/94 aarketing yaar. 
3. LEGAL BAStSi Council Raqulation (EEC) No 1035/72 
4 . AIMS OF PROJECT: 
To authorisa tha dispatch to Yugoslavia of apples and oranges withdrawn fro» tha aarket 
5. FINANCIAL IMPLICATIONS 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
- (REFUNDS/INTERVENTION) 
5.1 REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL Pariod of 12 aonths Currant Financial Year 
1993 Following Financial Yaar 
1994 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE 
5.2 METHOD OF CALCULATIONS 
C.O CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 
YES 
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET'/ 
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY? 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 
OBSERVATIONS 
ISSN 0254-1475 
COM(93) 475 final 
DOCUMENTS 
EN 03 11 
Catalogue number : CB-CO-93-678-EN-C 
ISBN 92-77-62427-2 
Office for Official Publications of the European Communities 
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