COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 03.10.1995 
COM(95) 455 final 
Proposal for a 
COUNCIL REGULATION (EC) 
on free distribution outside the Community 
of fruit and vegetables withdrawn from the market 
during the 1995/96 marketing year 
(presented by the Commission) 

Explanatory memorandum 
Subject: Proposal for a Council Regulation on free distribution outside the Community of fruit 
and vegetables withdrawn from the market during the 1995/96 marketing year 
1. Community rules allow fruit and vegetables withdrawn from the market to be distributed 
free of charge to charitable organizations, schools, etc. Transport costs within the 
Community are met by the EAGGF according to a fixed-rate distance scale. 
2. The Community's apple and orange crop will be higher this year than the volume of 
consumption. It should therefore be made possible for products withdrawn from the market 
to be delivered, through the agency of approved charitable organizations, to destinations 
with food supply problems. 
3. It is planned that it should be possible for the provisions of this Regulation to be extended 
by the Commission, after consulting the Management Committee for Fruit and Vegetables, 
to other destinations or other fruit and vegetables withdrawn from the market during the 
1995/96 marketing year. 
4. Since withdrawals of agricultural surpluses are a matter in which the Community is 
exclusively competent the present measures must be taken at Community level. 
Proposa! for a 
COUNCIL REGULATION (EC) No 
on free distribution outside the Community 
of fruit and vegetables withdrawn from the market 
during the 1995/96 marketing year 
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 the proposal from the Commission, 
Whereas withdrawals from the market during the 1995/96 marketing year under Regulation 
(EEC) No 1035/72 can be expected, particularly of apples and oranges; 
Whereas Article 21 of Regulation (EEC) No 1035/72 specifies the possible recipients of 
withdrawn products; 
Whereas in order to improve the food supply of the peoples of certain third countries, and in 
particular of the voctims of the conflict in the former Yugoslavia, it should be made possible for 
apples, oranges and any other fruit and vegetables withdrawn from the market to be sent to these 
countries by the agency of charitable organizations approved by the Member States; 
Whereas this possibility is not provided for by Article 21 of Regulation (EEC) No 1035/72; 
whereas, however, given the food supply difficulties of the third countries in question and the 
volumes of apples and oranges withdrawn from the Community market, a derogation should 
exceptionally be introduced from the said Article 21 in order to enable such organizations to 
deliver products withdrawn from the market for free distribution as humanitarian aid to the 
people of these countries; 
Whereas sorting, packing and transport costs for fruit and vegetables withdrawn from the market 
that are assigned for free distribution may be taken over pursuant to Commission Regulation 
(EEC) No 3587/86 of 20 November 1986 fixing the conversion factors to be applied to the 
buying-in prices for fruit and vegetables^, Commission Regulation (EEC) No 2103/90 of 
23 July 1990 laying down the conditions for taking over sorting and packing costs relating to 
OJ No L 118, 20.5.1972, p. 1, last amended by Regulation (EC) No 1363/95 
(OJNo L 132, 16.6.1995, p. 8). 
OJ No L 334, 27.11.1986, p. 1, last amended by Regulation (EC) No 872/95 
(OJNoL 89, 21.4.1995, p. 17). 
\\ 
the free distribution of apples and citrus fruit3, and Commission Regulation (EEC) No 2276/92 
of 4 August 1992 laying down detailed rules for the application of Article 21 of Council 
Regulation (EEC) No 1035/72 on the common organization of the market in fruit and 
vegetables4; 
Whereas it should be borne in mind that transport costs outside the Community of the products 
concerned will be met by the charitable organizations carrying out the distribution operations in 
question; 
Whereas, so that the viability of each operation can be checked, prior authorization should be 
required from the Commission; 
Whereas it will be necessary for Member States to see that operations are properly carried out 
and to report subsequently to the Commission; 
Whereas, if supply difficulties in a third country and the situation on the Community market so 
warrant, the Commission may, after consulting the Management Committee for Fruit and 
Vegetables, decide to apply this Regulation to other fruit and vegetables withdrawn from the 
market or other destinations, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. Under the conditions provided for in Article 2 of this Regulation and notwithstanding 
Article 21 of Regulation (EEC) No 1035/72, dessert apples and oranges withdrawn from 
the market during the 1995/96 marketing year in accordance with that Regulation may 
during that marketing year be made available to charitable organizations approved by the 
Member States for free distribution as humanitarian aid to people in territories of the 
former Yugoslavia who are affected by the conflict in that region. 
2. Sorting, packing and transport costs within the Community for the operations referred to 
in paragraph 1 shall be taken over in accordance with the provisions of Regulations 
(EEC) No 3587/86, (EEC) No 2103/90 and (EEC) No 2776/92. 
3. No export refund shall be granted on products dispatched pursuant to paragraph I. The 
customs export, transit and any T5 document issued shall carry the endorsement 
'No refund'. 
OJNoL 191, 24.7.1990, p. 19. 
OJ No L 220, 5.8.1992, p. 22, last amended by Regulation (EEC) No 1445/93 
(OJ No L 142, 12.6.1993, p. 27). 
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Article 2 
Member States shall submit to the Commission proposals by their agreed charitable organizations 
for free distribution operations. The Commission, having regard to what assurances are available 
of a satisfactory outcome and to the situation as regards market withdrawals, shall decide 
whether or not to authorize the operation. 
Article 3 
1. Member States shall take all requisite action to ensure proper execution of free 
distribution operations. 
2. At the end of the 1995/96 marketing year, Member States shall inform the Commission 
of the quantities distributed under this Regulation and their recipients. 
Article 4 
\ 
1. Any detailed provisions required for application of this Regulation, in particular as regards 
coordination under the Community emergency humanitarian aid plan for the former 
Yugoslavia, mayl be adopted in accordance with the procedure laid down in Article 33 of 
Regulation (EEC) No 1035/72. 
2. The Commission may decide, in accordance with the same procedure, to respond to serious 
supply difficulties in third countries by applying this Regulation to other fruit and 
vegetables withdrawn from the market or other destinations. 
Article 5 
This Regulation shall enter into force on the third day following its publication in the Official 
Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, For the Council 
FINANCIAL STATEMENT 
BUDGET HEADING: 1501 APPROPRIATIONS: ECU 402 m 
i2. TITLE: Proposal for a Council Regulation on free distribution outside the Community of fruit and vegetables 
withdrawn from the market during the 1995/96 marketing year 
3. LEGAL BASIS: Council Regulation (EEC) No 1035/72 
AIMS: Authorise free distribution in former yugoslavia of apples and oranges withdrawn from the market 
FINANCIAL IMPLICATIONS: PERIOD OF 12 
MONTHS 
(ECU million) CURRENT 
FINANCIAL 
YEAR 
(95) 
(ECU million) FOLLOWING 
FINANCIAL 
YEAR 
(96) 
(ECU million) 
5.0. EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 
- NATIONAL AUTHORITIES 
-OTHER 0.9 0.9 
1997 
5.0.1. ESTIMATED EXPENDITURE 1998 1999 2000 
5.2. METHOD OF CALCULATION: 
Apples: 
Oranges: 
Transport: 3 500 t x ECU 132.8/t 
1 500 t x ECU 157/t ECU 460 000 (B) 
ECU 230 000 (B) 
ECU 250 000 (B) 
ECU 940 000 (B) 
6.0. 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? YES 
6.2. WILL A SUPPLEMENTARY BUDGET BE NECESSARY? NO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? YES 
OBSERVATIONS Included in the letter of amendment for 1996 PDB. 
i 
ISSN 0254-1475 
COM(95) 455 final 
DOCUMENTS 
EN 03 11 
Catalogue number : CU-CO-95-5U0-1ÎN-C 
ISBN 92-77-94017-4 
Office for Official Publications of the European Communities 
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