Proposal for a COUNCIL REGULATION (EEC) on the free distribution outside the Community of fruit and vegetables withdrawn from the market
Date: 1992-10-20
Institutions: European Commission
Subjects: Yugoslavia, civilian victim, emergency aid, pip fruit, voluntary organisation, withdrawal from the market

COMMISSION  OP  THE  EUROPEAN  COMVttJNITIES 

COM(92)436  final 

Brussels, 20 October  1992 

Proposal  for a 

COUNCIL REGULATION  fEEC) 

on the free distribution outside the community 
of  fruit and vegetables withdrawn  from the market 

(presented by the Commission) 

m®i 

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EXPLANATORY  MEMORANDUM 

Subject:  Proposal for a council Regulation  (EEC) on the free distribution 

outside the Community of fruit and vegetables withdrawn  from the 

market. 

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  The Community regulations provide that fruit and vegetables withdrawn from 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 Community has had a bumper  fruit harvest, in particular  for 

climatic reasons.  It should therefore be made possible  for products 

withdrawn  from the market to be distributed by charitable organizations at 

destinations where the people require food supplies.  That is the aim of this 

proposal. 

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Proposal for a 

COUNCIL REGULATION  (EEC) No 

/92 

of 

on the free distribution outside the community 
of fruit and vegetables withdrawn from the market 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Economic 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(*), as last amended by 

Regulation  (EEC) No  1754/92(2)f  and in particular Article 35 thereof, 

Having regard to a proposal from the commission, 

Whereas the Community  fruit and vegetable harvest in the  1992/93 marketing year, 

and in particular the apple harvest, is particularly  abundant 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withdrawn from the market may be disposed of; 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 

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. 
(2) OJ No L  180, 1.7.1992, p. 23. 

.if. 

Whereas thare 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 harvest in the Community, a measure derogating by 

way of an exception from Article 21 of that Regulation should be adopted to 

authorize the Member States to deliver apples 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 in the latter, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1.  By way of derogation from Article 21 of Regulation  (EEC) No 1035/72, during 

the 1992/93 marketing year the Member States are hereby authorized to make 

available 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 referred to in paragraph 1 shall be defrayed 

by the charitable organziations undertaking such operations. 

3.  Apples 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 decided 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 

to other fruit and vegetables withdrawn from the market or in respect of other 

destinations. 

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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  from  1 October 1992. 

This Regulation shall be binding in its entirety and directly  applicable  in all 

Member States. 

Done at 

For the Council 

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FINANCIAL  STATEMENT 

DATE: 

1. BUDGET HEADING: 1601 

APPROPRIATIONS: (1993 DB) ECU 326 mi 11 icr•.[ 

2. TITLE: 

\ 
Proposal  for a Council Regulation derogating frcm Article 21 of Regulation  (EEC) No 1035/72 as regards the; 
free distribution outside the Ccmuinity of fruit and vegetables withdrawn frcm the market  in respect of  thj| 
1992/93 marketing year. 

T  LEGAL BASIS: Council Regulation  (EEC) No 1035/72 

4. AIMS OF PROJECT: 

To authorize the dispatch to Yugoslavia of apples withdrawn frcm the market. 

Period of 12 months  Current Financial  Year 

Following Financial  Year 

1993 

1994 

1995 

1996 

1907 

1996 

5.  FINANCIAL  IMPLICATIONS 

5.0 EXPENDITURE 

- CHARGED TO THE EC BUDGET 
- (REFUNDS/INTERVENTION) 

5.1 REVENUE 

- OwN RE90URCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 

- NATIONAL 

5.0.1  ESTIMATED  EXPENDITURE 
5.1.1  ESTIMATED REVENUE 

5.2 METHOD OF CALCULATION: 

6.0 CAN THE PROJECT BE FINANCED FRCM APPROPRIATIONS ENTERED  IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 

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: 

YES 

YES 

NO 

NO 

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ISSN 0254-1475 

COM(92) 436 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-92-453-EN-C 

ISBN 92-77-48231-1 

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