Commission Regulation (EC) No 124/2008 of 12 February 2008 derogating from Regulation (EC) No 1535/2003 as regards the delivery periods for pears for the 2007/2008 marketing year
Date: 2008-02-12
Institutions: European Commission
Subjects: aid system, marketing, pip fruit, processing industry

L 38/8

EN

Official Journal of the European Union

13.2.2008

COMMISSION REGULATION (EC) No 124/2008

of 12 February 2008

derogating from Regulation (EC) No 1535/2003 as regards the delivery periods for pears for the
2007/2008 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (1), and in particular
Article 6 thereof,

Whereas:

(1)

(2)

The aid scheme established by Regulation (EC) No
2201/96 has been repealed, from 1 January 2008, by
Council Regulation (EC) No 1182/2007 (2) laying down
specific rules as regards the fruit and vegetable sector,
amending Directives 2001/112/EC and 2001/113/EC
(EC) No 2200/96,
and Regulations (EEC) No 827/68,
(EC) No
(EC) No 2201/96,
1782/2003 and (EC) No 318/2006 and repealing Regu-
lation (EC) No 2202/96. However, under Article 55(1) of
Regulation (EC) No 1182/2007, that aid scheme remains
applicable for the 2007/2008 marketing year for each
product concerned.

(EC) No 2826/2000,

Article 3(2)(c) of Commission Regulation (EC) No
1535/2003 of 29 August 2003 laying down detailed
rules for applying Council Regulation (EC) No 2201/96
as regards the aid scheme for products processed from
fruit and vegetables (3) provides that the aid for pears is
to be granted solely on pears delivered to the processing
industry between 15 July and 15 December.

The Italian producer regions endured exceptional circum-
stances in December 2007 on account of the transport
to the processing
strike which prevented deliveries
industry during a very intense delivery period. As a
result, complete delivery by producers required additional
working time, leading to delays in the delivery schedule.

To prevent producers from being penalised by these
circumstances, exceptionally and for
the 2007/2008
marketing year only, a derogation should be made
from the dates laid down in Article 3(2)(c) of Regulation
(EC) No 1535/2003.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

(4)

(5)

HAS ADOPTED THIS REGULATION:

Article 1

Article

Notwithstanding
Regulation
(EC) No 1535/2003, and for the 2007/2008 marketing year
only, aid shall hereby be granted for pears delivered to the
processing industry between 15 July 2007 and 15 January
2008.

3(2)(c)

of

Article 2

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

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

Done at Brussels, 12 February 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Regu-

lation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

(2) OJ L 273, 17.10.2007, p. 1.
(3) OJ L 218, 30.8.2003, p. 14. Regulation as last amended by Regu-

lation (EC) No 1663/2005 (OJ L 267, 12.10.2005, p. 22).