CELEX: 31986R0461
Language: en
Date: 1986-02-25 00:00:00
Title: Council Regulation (EEC) No 461/86 of 25 February 1986 laying down, on account of the accession of Spain and Portugal, rules on the production aid system in respect of processed fruit and vegetables

1.3.86                                     Official Journal of the European Communities                               No L 53 / 15
                                            COUNCIL REGULATION (EEC) No 461 /86
                                                          of 25 February 1986
                  laying down, on account of the accession of Spain and Portugal, rules on the production
                                         aid system in respect of processed fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Whereas the representative period should cover a span
                                                                        assuring a smooth passage from the existing arrange­
                                                                        ments in Spain and Portugal to those provided for in
Having regard to the Treaty establishing the European                   the Act of Accession ;
Economic Community,
                                                                        Whereas the Act of Accession has exhaustively prov­
Having regard to the Act of Accession of Spain and                      ided for the measures to be applied in Spain and Portu­
Portugal, in particular Articles 89 ( 1 ) and 234 (2),                  gal during the transitional period ; whereas as a conse­
                                                                        quence thereof processing of products for which no
                                                                        minimum price is established before the first move
Having regard to Council Regulation ( EEC) No 426/ 86                   towards alignment, should not lead to the granting of
of 24 February 1986 on the common organization of                       production aid ;
the market in products processed from fruit and vegeta­
bles ('),
                                                                        Whereas Articles 69 and 237 of the Act of Accession
Having regard to the proposal from the Commission ,                     provide that in the event that on accession the variation
                                                                       between the price level for a product in Spain or Portu­
                                                                        gal and the common price is minimal , the common
Whereas Articles 118(1 ) first indent and 304(1 ) first                 price may be applied in Spain and Portugal for the
indent of the Act of Accession lay down that the mini­                  product ; whereas the application of that possibility
mum price referred to in Article 4 of Regulation ( EEC)                 would simplify the management of the production aid
No 426/ 86 shall be established on the basis of the price               system and the application would not create economic
                                                                        disturbances ;
fixed in Spain and Portugal , respectively under the pre­
vious national arrangements for the products intended
for processing ;
                                                                        Whereas Article 1 18 (3 ) (b) and (6) of the Act of Acces­
                                                                        sion limits during the first four marketing years the
Whereas such prices have been fixed :                                   granting of production aid in Spain for tomato based
                                                                        products and for peaches in syrup ; whereas
— in Portugal for fresh tomatoes, except for the San                    Article 304 (3 ) (b) of the Act of Accession limits during
     Marzano variety,                                                   the first five marketing years the granting of production
                                                                        aid in Portugal for tomato based products ; whereas it is
— in Spain for fresh tomatoes, except for tomatoes                      necessary to fix detailed rules for the application of
                                                                        these limitations ;
     intended for processing into non-whole peeled
     tomatoes ;
                                                                        Whereas similar rules are already applied to other prod­
Whereas the San Marzano variety are not used for pro­                   ucts benefiting from production aid ; whereas the
cessing in Portugal ;                                                   necessary rules should be adopted in accordance with
                                                                        the same procedure as that used for the adoption of the
                                                                        rules already in application ;
Whereas Articles 118(1 ) second indent and 304(1 )
second indent of the Act of Accession lay down that in
cases where no prices are fixed under previous national
arrangements, the minimum prices referred to in
Article 4 of Regulation ( EEC) No 426/ 86 shall be                      HAS ADOPTED THIS REGULATION :
established on the basis of prices paid in Spain and
Portugal to producers for the product intended for pro­
cessing, as recorded during a representative period to
be determined ;                                                                                    Article 1
                                                                         1 . The representative periods as referred to in
                                                                        Article 118(1 ) second indent and 304 ( 1 ) second indent
                                                                        of the Act of Accession shall cover the following
(')  OJ No L 49 , 27 . 2 . 1986 , p. 1 .                                periods :
 ---pagebreak--- No L 53 / 16                            Official Journal of the European Communities                                      1 . 3 . 86
                                                                                 Marketing years
                                     Products
                                                                        Spain                      Portugal
                Peaches                                           1982 / 83                   1981 / 82
                                                                  1983 / 84 and               1982 / 83 and
                                                                  1984 / 85                   1983 / 84
                Williams pears                                    1982 / 83 and               1981 / 82
                                                                  1983 / 84                   1982 / 83 and
                                                                                              1983 / 84
                Dried ' d'Ente ' plums                            1982 / 83                  No production
                                                                  1983 / 84 and
                                                                  1984/ 85
                Bigarreaux cherries and other sweet cherries      1982 / 83                   1981 / 82
                                                                  1983 / 84 and               1982 / 83 and
                                                                  1984 / 85                   1983 / 84
                Dried figs                                        1982 / 83                   1983 / 84
                                                                  1983 / 84 and
                                                                  1984 / 85
                Tomatoes intended for processing into non­        1985 / 86
                whole peeled tomatoes, preserved or frozen
2.   In cases where processing is carried out in Spain or                                        Article 2
Portugal during the first transitional period of products
of the type which could benefit from production aid at              Detailed rules for the application of the provisions lim­
the moment of the Accession but for which no mini­                  iting the granting of production aid as provided for in
mum price for the raw material is established before the            Articles 1 18 (3 ) (b), and (6) and 304 (3) (b) of the Act of
first move towards alignment of prices referred to in               Accession , in particular rules on :
Article 70 of the Act of Accession , such products shall
                                                                   — allocation of specific quantities to processors, and
not benefit from any production aid .
                                                                   — the compilation and communication of informa­
                                                                          tion necessary for implementing the provisions
3 . Where for a given product the difference between
the minimum price referred to in Articles 118(1 ) and               shall be adopted in accordance with the procedure laid
304(1 ) of the Act of Accession of Spain and the com­               down in Article 22 of Regulation (EEC) No 426/ 86 .
mon price is less than or equal to 3 % of the common
price, the common price shall, by way of derogation
                                                                                                 Article 3
from the provisions in Article 118 (2), first indent, and
304(2), first indent of that Act, be applied on acces­
sion .                                                              This Regulation shall enter into force on 1 March 1986.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 25 February 1986 .
                                                                             For the Council
                                                                              The President
                                                                               G. BRAKS