NoC49B62 Official ]oumal of the European Communities 285 2.90 
proposal fora 
CC^^NC^RE^^LA^l^N(EEC)No... 
of... 
amendmgRegulation (EEC) No 1035/72 on the common organization ofthe market in fruit 
and vegetables 
(90/C49/45) 
TH^eou^e^o^TA^^u^o^A^eo^^^^Tt^ 
having regard to the Ireatv establishing the European 
Economic Community ^d in particular Article43 
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 provision should be made forasimpler procedure 
fordrawingupthelistofproductswhicharetobethesubject 
of common o^ualit^ standards^ 
Whereas Article 7 of Council Regulation (EEC) 
No 1035/72(0, aslastamendedbvRegulation(EEC) 
Nolll9/89(^),lavs down rules as regards the labelling of 
fruit and vegetables presented at the retail staged whereasa 
recent trend inthetradein fruitand vegetableshasled 
to an increase in the importance of prepackaged products^ 
whereas, to takeaccountofthattrend,itappearssufficientto 
applv to those products the provisions on labelling in 
directive 79/112/EEC on the approximation of the laws of 
the member states relatingto the labelling, presentation and 
advertising of foodstuffs for sale to the ultimate 
consumers 
Whereas Article 13 ofRegmadon (EEC) No 1035/72 lavs 
down provisions regarding producers organisations^ 
Whereas,withaview to making up for the shortcomings of 
the market forcitrusfruitobservedincertain regions of 
productions theCommunitv, furtherconditionsonthe 
recognition of citrus producers^ organisations should be laid 
down^ whereas those conditionsarelikelv to ensurethat 
suchorgani^ations contribute, inparticularb^ improving 
their efficiency, towards re-establishing balance between 
production and demand on the markets whereas, to 
that end, those conditions must include in particular 
totalconcentrationof supplvand adeoeuateregulationof 
production and of placing on the market and the necessarv 
provisionstoensurethatsuchorgani^ationsprovideproofof 
sufficient economic activity whereas,withaview to that 
objective, such organisations must be required to 
incorporate in their rules of association precise clauses 
e)O^DLM^n^r^,D.t 
^)O^DLM^^4.n^,D.n5 guaranteeing producers control of decisions and the 
operation of the organisation and clauses penalising 
infringements of the rules laid down^ whereas recognised 
producers^ organisations should begivenaperiod to adaptto 
the new provisions^ whereas it should therefore be specified 
that the^iember states should verifvcomplianceof the 
producers^organi^ations with the provisions asawhole^ 
Whereas experience has shown that citrus fruit withdrawn 
from the market is normally not disposed of in accordance 
with the facilities provided for in Article 21of Regulation 
(EEC) No 1035/72^ whereas the citrus fruit harvest is 
staggeredoverthemarketingvear^ whereas provision should 
bemadeforastructuretoenableproducers^ organisations to 
plan, rationalise and check withdrawal operations where the 
production and market situations so require and to improve 
theconditionsunderwhichrecourseishadtothepossibilities 
of disposal free^ 
Whereas Article 15a(l)ofRegulation (EEC) No 1035/72 
provides that preventive withdrawals of apples andpears 
ma^ be authorised under certain conditions^ whereas 
paragraphs3 and 4 of that Article provide that those 
arrangements are to applv until 30 June 1990 and whereas 
theCommission will forward to theCouncilbeforethat date 
areport on the wav those arrangements functions whereas 
suchareport has been drawn up and whereas it shows that 
the arrangements have beneficial effects on the marketing 
^ears for the products concerned^ whereas those 
arrangements should therefore be made permanent^ 
Whereas, pursuant to Articles 16 (4),18 (l)and 19 (2) of 
Regulation (EEC) No 1035/72, thepricesatwhich products 
are bought in under Articles 19 and 19a and the financial 
compensation paid under Articlel8ofthat Regulation areto 
becalculated on the basisofthebu^ingdn price multiplied b^ 
conversion factors^ 
Whereas producers must be encouraged to deliver their 
surplus products for processings 
Whereas the differences in upgrading of the product asa 
result of the application of the conversion factors were 
established for the needs of the market for products 
consumed fresh and are not relevant for processings 
Whereasthereshouldno longer bevar^ingwithdrawal prices 
for lemons according to si^e or form of packaging and 
provision should be made for the withdrawal price of such 
products to be that of products of mi^ed sidings, in bulk ina 
means of transports 
28. 2. 90 Official Journal of the European Communities No C 49/63 
Whereas withdrawals of citrus fruit in certain regions and in 
particular of mandarins and lemons have already attained a 
very high percentage of the marketable production of the 
members of certain producers' organizations; whereas the 
withdrawal system is only an exceptional instrument for 
monitoring the market and does not in itself constitute a 
method of disposal; whereas the financial compensation paid 
in respect of such withdrawals should be limited where it 
appears that a producers' organization has not fulfilled its 
basic objective of marketing the production of its members; 
whereas such a measure should be applied progressively in 
order to permit producers' organizations experiencing 
operating problems to adapt to it; 
Whereas Article 21 of Regulation (EEC) No 1035/72 
provides that certain classes of blood oranges, withdrawn 
from the market under Articles 15b and 18 of that 
Regulation or bought in in accordance with Articles 19 and 
19a of that Regulation, may be disposed of to the processing 
industry under certain conditions; whereas that possibility 
has not been made use of since the 1979/80 marketing year; 
whereas the provisions of Council Regulation (EEC) 
No 2601/69 (*), as last amended by Regulation (EEC) 
No 1123/89 (2), are better suited to encouraging the 
processing of such blood oranges; whereas certain provisions 
of Article 21 of Regulation (EEC) No 1035/72 should be 
repealed; 
Whereas, in order to improve the conditions under which 
recourse is had to possibilities of disposal free provided for in 
Article 21 of Regulation (EEC) No 1035/72, on the one 
hand provision should be made for the possibility of the 
Community's defraying the costs of sorting and packaging 
the products in question and on the other hand the Member 
States should be encouraged to organize contacts between 
producers' organizations and establishments or charitable 
organizations; whereas in view of the characteristics of the 
harvest and of marketing and of the level of withdrawals of 
apples and citrus fruit, those provisions should apply only to 
those products, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Tide I of Regulation (EEC) No 1035/72 is hereby amended 
as follows: 
1. The first subparagraph of Article 2 (2) is replaced by the 
following: 
'The Council, acting by a qualified majority on a 
proposal from the Commission, shall decide to which 
products quality standards shall be applied.' 
2. The following paragraph is added to Article 7: 
'However, unit packages of prepacked products intended 
for direct sale to the consumer shall not be subject to the 
rules on labelling laid down in the common quality 
standards but must satisfy the provisions of Directive 
(') OJNoL324, 27. 12. 1969, p. 21. 
(2) OJ No L 118, 29. 4. 1989, p. 25. 79/112/EEC. The information required in the 
standards must in any case be marked on the package 
containing such units for transport.' 
Article 2 
Title II of Regulation (EEC) No 1035/72 is hereby amended 
as follows: 
1. The following Article 13a is inserted: 
'Article 13a 
1. Notwithstanding Article 13, producers' 
organizations whose main economic activity relates to 
the production and marketing of citrus fruit, hereinafter 
referred to as "citrus fruit producers' organizations", 
must meet the following conditions: 
(a) they must provide evidence that they have a 
minimum quantity of marketable production and 
have as members a minimum number of 
producers; 
(b) their articles of association must include 
provisions: 
— requiring producers to have their whole citrus 
fruit production placed on the market by the 
producers' organizations; 
— ensuring producers' control of the producers' 
organization and of its decisions, 
— penalizing any infringement by member 
producers of the rules laid down by the 
producers' organizations, 
— requiring members to pay contributions in 
particular for the establishment and 
maintenance of the intervention fund referred to 
in the last subparagraph of Article 15 (1), 
— concerning the admission of new members; 
(c) they must lay down rules on recording production, 
rules on production and rules on marketing; 
(d) they must keep specific accounts for their activities 
involving citrus fruit. 
2. Citrus fruit producers' organizations recognized by 
the Member States at 1 June 1990 must meet the 
conditions laid down in paragraph 1 by 1 June 1993 at 
the latest.' 
2. The following Article 13b is inserted: 
'Article 13b 
1. Member States shall check compliance by citrus 
fruit producers' organizations with the obligations laid in 
Articles 13 and 13a and shall withdraw recognition 
where these are not complied with. 
2. By means of checks on documents and on-the-spot 
checks, the Commission may ensure that the provisions 
of Articles 13 and 13a are complied with. 
3. Detailed rules for the application of Articles 13 
and 13a shall be adopted in accordance with the 
procedure laid down in Article 33.' 
No C 49/64 Official Journal of the European Communities 28. 2. 90 
3. The following paragraphs are added after Article 15 
(3): 
'4. Citrus fruit withdrawal centres may be set up at 
the instigation of and managed by one or more citrus 
fruit producers organizations with a view to: 
— centralizing, rationalizing and checking technical 
and administrative operations connected with 
withdrawals, 
— facilitating and planning the disposal of withdrawn 
products for the purposes laid down in Article 21. 
The competent national authorities shall be notified 
forthwith of the establishment of withdrawal centres. 
The Member State concerned shall forward to the 
Commission before the beginning of each marketing year 
a list of withdrawal centres and relevant information on 
the way they operate. 
5. The Commission shall adopt, as and when 
required, detailed rules for the application of this Article 
in accordance with the procedure laid down in 
Article 33.' 
4. Article 15a (3) and (4) are deleted. 
Article 3 
Title III of Regulation (EEC) No 1035/72 is hereby 
amended as follows: 
1. The following subparagraph is inserted after the third 
subparagraph of Article 16 (4): 
'As regards lemons: 
— the factor defined for "mixed sizings" shall be applied 
whatever the size, 
— the factor defined for products "in bulk in a means of 
transport" shall be applied whatever the form of 
packaging.' 
2. The following paragraph 3a is inserted in Article 18: 
'3a. In the case of citrus fruit, the financial 
compensation shall be paid to each producers' 
organization in respect only of withdrawn 
quantities not exceeding the following percentages 
of marketed production, including withdrawals: 
— 70% for the 1990/91 marketing year, 
— 65 % for the 1991/92 marketing year, 
— 60% for the 1992/93 marketing year, — 50% for the 1993/94 marketing year, 
— 40% from the 1994/95 marketing year.' 
3. The following Article 19c is inserted: 
'Article 19c 
1. Producers producing citrus fruit on Community 
territory shall declare the quantities of citrus fruit 
harvested on their holdings for each marketing year. 
2. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure laid 
down in Article 33.'' 
4. Article 21 (1) (c) is replaced by the following: 
'(c) in addition, for all products referred to in this 
paragraph, it may be decided in accordance with the 
procedure laid down in Article 33 to dispose of 
certain categories of such products to the processing 
industry on condition that there is no resulting 
distortion of competition for the industries 
concerned within the Community;' 
5. The following subparagraph is inserted after the first 
subparagraph of Article 21 (3): 
'Member States shall organize contacts between 
producers' organizations and establishments or 
charitable organizations which may be interested in 
using citrus fruit and apples withdrawn from the market 
within those States' territory with a view to one of the 
forms of free distribution referred to in paragraph 1 
(a).' 
6. The following paragraph 3a is inserted in Article 21: 
'3a. The Commission shall defray, under conditions to 
be determined in accordance with the procedure 
laid down in Article 13 of Council Regulation 
(EEC) No 729/70 (*), the costs of sorting and 
packaging connected with the free distribution of 
apples and citrus fruit where the latter is staggered 
under arrangements concluded between producers' 
organizations and establishments or charitable 
organizations as referred to in the second 
subparagraph of paragraph 3. 
(*) OJ No L 94, 28. 4. 1970, p. 13.' 
Article 4 
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