Proposal for a COUNCIL REGULATION (EC) on free distribution outside the Community of fruit and vegetables withdrawn from the market during the 1994/95 marketing year
Date: 1995-02-03
Institutions: European Commission
Subjects: citrus fruit, donation, marketing year, pip fruit, voluntary organisation, withdrawal from the market

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(95) 11 final 

Brussels,  03.02.1995 

Proposal for a 

COUNCIL REGULATION  (EC) 

on  free  distribution  outside  the  Community 
of  fruit  and vegetables  withdrawn  from  the  market 
during  the  1994/95  marketing  year 

(presented by the Commission) 

Explanatory  memorandum 

e 

Subject:  Proposal  for  a  Council  Regulation  (EC)  on  free  distribution  outside  the 
Community  of  fruit  and  vegetables  withdrawn  from  the  market  during  the 
1994/95  marketing  year 

Community  rules  allow  fruit  and  vegetables  withdrawn  from  the  market  to  be 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. 

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  It should  therefore  be  made possible  for products withdrawn  from  the 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. 

It  is  planned  with  certain  exceptions  that  it  should  be  possible,  following  official 
application  for  humanitarian  aid  from  third  countries,  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vegetables  withdrawn  from  the  market  during  the  1994/95  marketing  year. 

Since  withdrawals  of  agricultural  surpluses are a matter in which  the  Community  is 
exclusively  competent  the  present  measures  must  be taken  at  Community  level. 

Proposal  for a 

Council  Regulation  (EC)  No  ...'°5 

on free distribution  outside the Community 
of  fruit and vegetables withdrawn  from the market 
during the  1994/95  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  1994/95  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  certain  countries  formerly  part  of 
Yugoslavia the people of which arc affected  by the conflict  in that area 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 given the food  supply difficulties  of the 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 fixing the'conversion factors to be applied to the buying-in 
prices for fruit and vegetables2, Commission Regulation (EEC) No 2103/90 laying down 
the conditions  for taking  over sorting and packing costs  relating to the free  distribution 
of apples and citrus fruit3, and Commission  Regulation (EEC)  No 2276/924 laying down 
detailed rules for the application of Article  21 of Council  Regulation (EEC) No  1035/92; 

O.I No  L  118, 20.5.1972,  p.  I,  last amended by  Regulation (EEC)  No 2753/94 (OJ 
No  L 292,  12.11.1994,  p. 3). 
OJ No L 334, 27.11.1986, p.  1, last amended by Regulation (EEC) No 3463/92 (OJ 
No  L 350,  1.12.1992,  p. 66). 
OJ No  L 191, 24.7.1990,  p.  19. 
OJ No  L220,  5.8.1992,  p. 22. 

y 

Whereas  transport  costs  outside  the  Community  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  other  countries  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.  Notwithstanding  Article  21  of  Regulation  (EEC)  No  1035/72  dessert  apples  and 
oranges withdrawn from the market during the  1994/95 marketing year in accordance 
with  that  Regulation  may  during  that  marketing  year  be  made  available,  the  terms 
of Article 2 applying, 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  1. 
The customs export, transit and any T5 document  issued shall  carry the endorsement 
'No  refund'. 

Article  2 

shall  submit  to  the  Commission  proposals  by  their  charitable 
Member  States 
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  1994/95  marketing  year  Member  States  shall  inform  the 
Commission  of  the  quantities  distributed  under this  Regulation  and  their recipients. 

Article 4 

^P 

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, shall  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. 

It shall  be binding  in its entirety  and directly  applicable  in all  Member States. 

Done at Brussels, 

For the Council 

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1. BUDGET  HEADING  : 1501 

APPROPRIATIONS  :  ECU 402 m 

2. TITLE  :  Proposal  for a Council  Regulation on free distribution  outside the Community  of fruit and 

vegetables  withdrawn  from the market  during  the 1994/95  marketing  year 

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

4. AIMS:  Authorize  free distribution  in former  Yugoslavia  of apples and oranges  withdrawn  from the market 

5.  FINANCIAL  IMPLICATIONS 

PERIOD OF 12 MONTHS 

CURRENT  FINANCIAL  YEAR 

FOLLOWING  FINANCIAL  YEAR 

5.0  EXPENDITURE 

- CHARGED  TO THE EC BUDGET 
(REFUNDS/INTERVENT IONS) 

- NATIONAL  AUTHORITIES 

- OTHER 

5.1 

5.0.1  ESTIMATED  EXPENDITURE 
5.1.1 

5.2  METHOD OF CALCULATION 

ECU 800 000 

ECU 800 000 

1997 

., 

1998. 

1999. 

.2000. 

Apples:  3 500 t x ECU 110/t x 1.207 (DR) = ECU 460 000 (B) 
Oranges: 1 500 t x ECU 130/t x 1.207 (DR) = ECU 230 000  (B) 
ECU 100 000  (B) 
Transport: 

ECU 790 000 (B) 

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  UILL A SUPPLEMENTARY  BUDGET BE NECESSARY ? 

6.3  WILL  FUTURE  BUDGET  APPROPRIATIONS  BE NECESSARY ? 

COMMENTS : 

Included  in 1995 PDB 

YES 

YES 

NO 

NO 

ISSN 0254-1475 

COM(95) 11  final 

DOCUMENTS 

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03  11 

Catalog number : CB-CO-95-018-EN-C 

ISBN 92-77-85089-2 

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