Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables
Date: 1992-10-27
Institutions: European Commission
Subjects: common organisation of markets, import licence, quantitative restriction, tropical fruit

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(92) 442  final 

Brussels, 27 October  1992 

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Proposal  for a 

COUNCIL REGULATION  (EEC) 

amending Regulation  (EEC) Mo  1035/72 

on the common organization  of the 

market in fruit and vegetables 

(presented  by  the Commission) 

EXPLANATORY «EMQRA8D8M 

Subject: 

Proposal for a Regulation amending Regulation  (EEC) No  1035/72 
on the common organization of the market  in fruit and 
vegetables 

1. The development of the production of pineapples, advodacos, mangoes and 
guavas in the Community, in particular since the accession of Spain and 
Portugal, and the growth of trade in those products are pointing  in the 
direction of their being included in the scope of Regulation  (EEC) 
No 1035/72. 

2. Plantain bananas were excluded  from the common organization of the 

market in bananas on account of their nature.  Since this type of banana 
must be covered by a market organization with effect  from  1 January 
1993, it seems appropriate to include it in the common organization of 
the market in fruit and vegetables. 

3. In anticipation of  1 January  1993, the provisions of Regulation  (EEC) No 

1035/72 now applicable permitting the application of  national 
quantitative restrictions should be repealed. 

4. In view of the considerable  increase in imports of certain  sensitive 

fruits and vegetables  in uncertain monetary  situations which are giving 
rise to artificial prices and at a time when all potential world 
customers are closing their frontiers to trade for plant health and 
public health reasons or are imposing quantitative  restrictions, the 
need is emerging of providing for the possibility  of establishing  an 
import licensing  system, where necessary, for certain products. 

The inclusion of additional products  in Article  1 of Regulation  (EEC) 
No 1035/72 does not entail any financial consequences  for the EAGGF 
Guarantee Section.  The setting up of producers' organizations  for these 
fruit and vegetables may entail costs as launching aid chargeable to the 
EAGGF Guidance Section.  These costs, however, are the same as those 
provided for by the general regulations governing producers' organizations 
and consequently do not give rise overall to any additional expenditure. 

2 

C516492/TEN 

Proposal  for 

COUNCIL REGULATION  (EEC) No 

/92 

amending  Regulation  (EEC) No  1035/72 

on the common  organization  of the 

market  in fruit and vegetables 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having regard to the Treaty establishing  the European  Economic  Community, 

and in particular Article  43 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 the development  of the Community  production  of products  such as 

pineapples, advocados, mangoes and guavas, in particular  since the accession 

of Spain and Portugal, and the growth of trade  in those countries make it 

appropriate to include those products within  the scope of Regulation  (EEC) 

No  1035/72<1),  as last amended by Regulation  (EEC) No  1754/92<2); 

Whereas plantain bananas were not  included  in the Regulation on the common 

organization  of the market  in bananas on account  of their nature;  whereas 

plantain bananas must be covered  by a market  organization with effect  from 1 

January  1993;  whereas  it seems appropriate  to include them  in the common 

organization  of the market  in fruit and vegetables; 

(1) OJ No L  118, 20.5.1972, p.  1. 

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

-  2 -

Whereas Regulation  (EEC) No 1035/72 provides that Member states may  apply 

national quantitative restrictions  in respect of  fruit and vegetables under 

the conditions  laid down in Annex III thereto;  whereas those measures will 

become incompatible on the completion of the Single Market on  1 January 

1993;  whereas the provisions  should therefore be repealed; 

Whereas provision should be made, in respect of certain products which are 

sensitive and which are imported  in relatively  large quantities, for the 

possibility of establishing  an import licensing  system;  whereas  in order to 

ensure that application of this system is limited as effectively  as 

possible, provision should be made for the introduction of such a system to 

be subject to the Management Committee procedure; 

Whereas, in order to ensure the smooth operation of the system, provision 

should be made that the issue of import licences be accompanied  by the 

establishment of a security  guaranteeing  the performance of the undertaking 

to import during the period of validity of the licences, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation  (EEC) No 1035/72 is hereby amended as follows: 

1. The following products are added to the table  in Article 1(2): 

CN code 

Description 

ex 080300 

Plantain  bananas 

08043000 

080440 

08045000 

Pineapples 

Advocados 

Guavas, mangoes and mangosteens 

4 

3 -

2. The second  indent of Article  22(1), paragraph  (2) and Annex  III  (the list 

specified  in Article 22) are hereby deleted. 

3. The following Article 22b is inserted: 

"Article 22b 

1.  A system of import licences may be introduced, in accordance with 

the procedure laid down in Article  33, in respect of one or more of 

the products listed in the table contained  in Article  1(2), in order 

to be able to evaluate their market progress. 

In such case, a licence shall be issued by the Member  States to any 

interested party who makes an application  therefor, regardless of 

where that party is established  in the Community. 

The issue of a licence shall be subject to the establishment of a 

security  guaranteeing that importation  shall take place during the 

period of validity of the licence. 

Licences shall be valid throughout the Community. 

2.  The list of products for which import licences shall be be required 

and the other detailed rules for the application of this Article 

shall be determined  in accordance with the same procedure." 

Article 2 

This Regulation  shall enter into force on  1 January  1993. 

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

all Member states. 

Done at Brussels, 

For the Council 

*> 

FINANCIAL  STATEMENT 

tpfif/wviam 

DATE:  6  October  1992 

1.  BUDGET HEADING:  150 

APPROPRIATIONS:  ECU 832  mi 11 ion  (1902) 

2.  TITLE: 

Proposal  for a Regulation amending Council Regulation  (EEC) No 1035/72 on the ocnmon organization of the 
market in fruit and vegetables. 

3. LEGAL BASIS:  Article 43 of Treaty. 

4. AIMS OF PROJECT: 

Add further products to the table  in Article 1(2) of Regulation (EEC) No 1035/72. 

Period of 12 months 
(ECU mi 11 ion) 

Current Financial Year 
(92) 

Following Financial Year 
(93) 

(ECU mi 11 ion) 

(ECU mi M ion) 

1994 

1995 

1996 

1997 

5.  FrNAtCIAL ifcPLtCATJONS 

5.0 EXPENDITURE 

- CHARGED TO THE EC BUDGET 
- (REFUNDS/INTERVENT ION) 
- NATIONAL  ADMINISTRATION 
-OTHER 

5.1 REVENUE 

- (Mi RESOURCES 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 FROM 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 WJLL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 

OBSERVATIONS: 

YES 

YES 

ND 

NO 

BSN 0254-1475 

COM(92) 442 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-92-459-EN-C 

ISBN 92-77-48375-X 

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