Proposal for a COUNCIL REGULATION (EC) derogating, for the 1996/97 marketing year, from Regulation (EC) No 1035/77 laying down special measures to encourage the marketing of products processed from lemon
Date: 1996-06-03
Institutions: European Commission
Subjects: agro-industry, citrus fruit, fruit product, guaranteed minimum price, production aid, sales aid

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  03.06.1996 
COM(%) 240  final 

96/0144  (CNS ) 
96/0145  (CNS ) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

derogating, for  the  1996/97  marketing year, from  Regulation  (EC) No  1035/77  laying 
down  special  measures  to encourage the  marketing  of  products  processed  from  lemon 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending  Regulation  (EC) No  1543/95  as  regards 
the  period  of  application 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Subject:  -  Proposal for a Council Regulation derogating, for the 1996/97 marketing year, from 
Regulation  (EEC)  No  1035/77  laying  down  special  measures  to  encourage  the 
marketing  of products processed  from  lemons 

-  Proposal  for  a  Council  Regulation  amending  Regulation  (EC)  No  1543/95  as 

regards the period  of  application 

The current rules on the processing of citrus fruit  provide for the grant, within the  framework 
of  contracts  between  producers  and  processors,  of  financial  compensation  to  processors, 
provided  they  pay  a minimum  price to producers. 

For the 1995/96 price package, the Council adopted Regulation (EC) No  1543/95, which allows 
the Member  States, if they wish, to pay the financial compensation directly to producers in the 
case  of  oranges,  mandarins  and  clémentines,  in  order  to  solve  the  processors'  financial 
problems. 

In view  of  the  fact  that  the  problems  continue  to  exist,  Regulation  (EC) No  1543/95  should 
be extended  to the  1996/97  marketing  year  and to lemons. 

£ 

Proposal  for a 

COUNCIL  REGULATION  (EC) No 

96/0144 (CNS ) 

of 

derogating,  for  the  1996/97  marketing  year, from  Regulation  (EC) No  1035/77  laying 
down  special  measures  to encourage  the  marketing  of products  processed  from  lemon 

THE COUNCIL  OF THE EUROPEAN  UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 43 

thereof, 

Having  regard to the proposal  from  the  Commission1, 

Having regard  to the opinion  of the European  Parliament2, 

Having  regard  to the opinion  of the Economic  and  Social  Committee3, 

Whereas, within the framework  of the Community scheme supporting the processing of lemon, 

it  appears that  certain  processing  companies  are  experiencing  financial  difficulties  in  paying 

the  minimum  price  to  producers;  whereas  that  situation  should  be  taken  into  account  when 

authorizing  the  Member  States,  in  respect  of  the  new  marketing  year  1996/97,  to  pay  the 

financial  compensation  directly  to  producers  under  certain  conditions  as from  the  entry  into 

force  of this  Regulation; 

Whereas  using  this  possibility  will  prevent  Member  States,  for  reasons  of  management  and 

control, from  having recourse to the provisions for granting financial  compensation as referred 
to in  Article 2 of Regulation  (EEC) No  1035/774, 

1 
2 
3 
4 

OJ No C 
OJ No C 
OJ No C 
O J N oL  125,  19.5.1977, p. 3. 

HAS  ADOPTED  THIS REGULATION: 

Article 1 

Notwithstanding  Article 2 of Regulation (EC) No  1035/77, Member States may pay  financial 

compensation directly to producers for the quantities delivered by the latter under contracts as 

referred  to in  Article  1(2) of that Regulation  that are concluded  after  the entry  into force  of 

this Regulation.  In that case, processors must pay to producers a price which is at least equal 

to  the  difference  between  the  minimum  price  referred  to  in  Article  1(3)  and  the  financial 

compensation  referred to in Article 2 of that Regulation. 

Article 2 

Where  Article  1 is  applied,  the  financial  compensation  shall  be  paid to  the  producer  at his 

request when the control  authorities in the Member  States in which  processing  is carried out 

have established that the products which are covered by contracts have been delivered. 

Article 3 

The decision of the Member State to apply Article 1  must concern all producers and processors 

on its territory. 

Article 4 

The  detailed  rules  for  the  application  of  this  Regulation,  in  particular  with  regard  to  the 

guarantee,  shall  be  adopted  in  accordance  with  the  procedure  laid  down  in  Article  33  of 
Regulation  (EEC) No  1035/725. 

OJ No  L  118,  20.5.1972,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No 
1363/95  (OJ No L  132,  16.6.1995,  p. 8). 

V 

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  apply  until  end  of the  1996/97 marketing  year. 

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

Done  at 

For the  Council 

j 

Proposal  for  a 

COUNCIL  REGULATION  (EC)  No 

96/0145  (CNS  ) 

of 

amending  Regulation  (EC)  No  1543/95  as  regards 
the  period  of  application 

THE  COUNCIL  OF THE EUROPEAN  UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article  43 

thereof, 

Having  regard  to the proposal  from  the  Commission1, 

Having  regard  to the  opinion  of the European  Parliament, 

Having  regard  to the  opinion  of the Economic  and  Social  Committee , 

Whereas certain citrus fruit  processors are still experiencing financial  difficulties  in paying the 

minimum  price  to  producers;  whereas,  in  order  to  rectify  that  situation,  Council  Regulation 
(EC) No  1543/954,  authorizes  the  Member  States,  in  respect  of  the  1995/96  marketing  year, 

to  pay  the financial  compensation  directly  to producers  under  certain  conditions; whereas,  as 

a result, Regulation  (EC) No  1543/95 should be extended to the new  1996/97 marketing year, 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

The  second  paragraph  of  Article  5 of Regulation  (EC) No  1543/95  is hereby  replaced  by  the 

following: 

"It  shall  apply  to the  1995/96 and  1996/97  marketing year." 

O J N oC 
O J N oC 
O J N oC 
OJ No  L  148, 30.6.1995, p. 30. 

Article 2 

This Regulation shall enter into force on the third day of 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 

Fur the Council 

ISSN 0254-1475 

COM(96) 240  final 

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