Proposal for a Council Regulation (EC) amending and correcting Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables
Date: 1998-11-11
Institutions: European Commission
Subjects: common organisation of markets, fruit, market intervention, marketing standard, producer organisation, production aid, vegetable

C  381/8

EN

Official  Journal  of  the  European  Communities

8.12.98

COMMISSION

Proposal  for  a  Council  Regulation  (EC)  amending  and  correcting  Regulation  (EC)  No  2200/96
on  the  common  organisation  of  the  market  in  fruit  and  vegetables

(98/C  381/07)

COM(1998)  647  final  -  98/0309(CNS)

(Submitted  by  the  Commission  on  12  November  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Whereas  the  present  provisions  on  defrayal  by  the
Community  of  transport,  sorting  and  packaging  costs  in
connection  with  certain  products  withdrawn  from  the
market  and  then  distributed  free  should  apply  to  all  free
distribution  of  withdrawn  products,

Having  regard  to  the  proposal  from  the  Commission,

HAS  ADOPTED  THIS  REGULATION:

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Article  1

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

in 

and 

fruit 

vegetables(cid:216)(˛), 

Whereas  Council  Regulation  (EEC)  No  2200/96  of
28  October  1996  on  the  common  organisation  of  the
market 
amended  by
Commission  Regulation  (EC)  No  2520/97(cid:216)(ˇ)  as  regards
certain  Combined  Nomenclature  codes,  lays  down  rules
on  recognised  producer  organisations;  whereas  these
rules  require  members  to  sell  their  entire  production
through  the  organisation;  whereas,  however,  provision  is
made  for  this  obligation  to  be  waived  for  direct  sales  on
the  producer’s  holding  to  consumers  for  their  personal
needs;  whereas  a  volume  restriction  applies  to  such  sales;
whereas  to  take  account  of  standard  practice  in  certain
parts  of  the  Community  this  waiver  should  be  extended
to  embrace  direct  sales  away  from  the  holding  but  no
change  should  be  made  in  the  volume  restriction;

the  English,  French, 

Italian,  Portuguese,
Whereas 
Spanish  and  Swedish  versions  of  Article  15(4)(c)  of  that
Regulation  are  at  variance  with  the  other 
language
versions;  whereas  they  should,  therefore,  be  corrected;

(˛)(cid:217)OJ  L  297,  21.11.1996,  p.  1.
(ˇ)(cid:217)OJ  L  346,  17.12.1997,  p.  41.

Regulation  (EC)  No  2200/96  is  amended  as  follows:

1.(cid:217)In  the  first  indent  of  Article  11(1)(c)(3)  the  words  "on

their  holdings’  are  deleted.

2.(cid:217)Article  30(6)  is  replaced  by  the  following:

"6.(cid:218)(cid:217)The  Community  shall  defray,  on  terms  and
conditions  to  be  determined  in  accordance  with  the
procedure  laid  down  in  Article  46,  transport,  sorting
and  packaging 
free
in 
costs 
distribution  as  provided  for  in  paragraph  1.’

connection  with 

Article  2

Article  15(4)(c)  of  Regulation  (EC)  No  2200/96 
replaced  by  the  following:

is

"(c)(cid:217)make  financial  provision  for  the  technical  and
human  resources  required  to  ensure  compliance
with  standards,  plant(cid:220)health  rules  and  maximum
permitted  levels  of  residues.’

Article  3

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

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

in 

its  entirety  and