Proposal for a COUNCIL REGULATION (EC) on free distribution outside the Community of fruit and vegetables withdrawn from the market during the 1995/96 marketing year
Date: 1995-10-03
Institutions: European Commission
Subjects: Yugoslavia, fruit, humanitarian aid, terms for aid, vegetable, withdrawal from the market

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of  fruit  and  vegetables  withdrawn  from  the market 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and  vegetables  withdrawn  from  the market  during  the  1995/96 marketing  year 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  Community  rules  allow  fruit  and  vegetables  withdrawn  from  the  market  to be  distributed 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 It should therefore  be made possible for products withdrawn from  the market 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to  other  destinations  or  other  fruit  and  vegetables  withdrawn  from  the  market  during  the 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of  fruit  and  vegetables  withdrawn  from  the  market 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 
( O J N oL  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. 

2. 

3. 

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. 

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. 

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). 

»«»WW**P^W«Wi"f«9W(!"ï'P!1?" 

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. 

2. 

Member  States  shall  take  all  requisite  action  to  ensure  proper  execution  of  free 
distribution operations. 

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. 

This Regulation shall enter  into force  on the third  day following  its publication  in the  Official 
Journal  of the  European  Communities. 

Article 5 

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: 

5.0. 

EXPENDITURE 
-  CHARGED  TO THE EC  BUDGET 

(REFUNDS/INTERVENTION) 

- NATIONAL  AUTHORITIES 
-OTHER 

5.0.1. 

ESTIMATED  EXPENDITURE 

5.2. 

METHOD  OF  CALCULATION: 

Apples: 
Oranges: 
Transport: 

3  500 t  x ECU  132.8/t 
1  500 t  x ECU  157/t 

PERIOD  OF  12 
MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL 
YEAR 
(95) 
(ECU  million) 

FOLLOWING 
FINANCIAL 
YEAR 
(96) 
(ECU  million) 

0.9 

0.9 

1997 

1998 

1999 

2000 

ECU  460 000  (B) 
ECU  230 000  (B) 
ECU  250 000  (B) 

ECU  940 000  (B) 

6.0. 

6.1. 

6.2. 

6.3. 

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

CAN THE  PROJECT  BE FINANCED  BY TRANSFER  BETWEEN  CHAPTERS  OF THE  CURRENT 
BUDGET? 

WILL  A SUPPLEMENTARY  BUDGET  BE  NECESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

OBSERVATIONS 

Included  in the  letter  of amendment  for  1996 PDB. 

YES 

YES 

NO 

YES 

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 

L-2985 Luxembourg 

J