CELEX: 51988PC0084(06)
Language: en
Date: 1988-02-27
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2727/75 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS

31. 3. 88                               Official Journal of the European Communities                               No C 84/27
    '2. The buying in of skimmed-milk powder provided                                         Article 2
    for in Article 7(1) of Regulation (EEC) No 804/68 may
    be suspended as soon as the quantities offered for             This Regulation shall enter into force on the third day
    intervention in the period 1 March to 31 August each           following its publication in the Official Journal of the
    year exceed 100 000 tonnes.'                                   European Communities.
2. In Article 2, 'of the fifth period' is replaced by 'of the      This Regulation shall be binding in its entirety and directly
    eighth period'.                                                applicable in all Member States.
                  Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2727/75 on the
                                        common organization of the market in cereals
                                                       COM(88) 84 final
                             (Submitted by the Commission to the Council on 25 February 1988)
                                                          (88/C 84/16)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           better control of production could be achieved by fixing a
                                                                   maximum guaranteed quantity above which certain
Having regard to the Treaty establishing the European              measures to stabilize the market in cereals and thereby to
Economic Community, and in particular Article 43 thereof,          curb expenditure in the sector in question are taken;
                                                                   whereas, to that end, an additional co-responsibility levy to
                                                                   be collected provisionally at the beginning of the marketing
Having regard to the proposal from the Commission,                 year, reimbursement of which in full or in part will be
                                                                   decided, as the case may be, after it is established that the
In cooperation with the European Parliament,                       maximum guaranteed quantity has not been exceeded or
                                                                   that the amount by which it has been exceeded is lower than
                                                                   a certain percentage should be introduced; whereas,
Having regard to the opinion of the Economic and Social
                                                                   moreover, where the maximum guaranteed quantity is
Committee,                                                         exceeded in a marketing year, account should be taken of
                                                                   that for the fixation of prices for the following marketing
Whereas, in view of the growing imbalance in the                   year;
Community between supply and demand in cereals, certain
measures to restore sound conditions in the sector in
question were introduced by Council Regulation (EEC) No            Whereas the maximum guaranteed quantity must be
2727/75 on the common organization of the market in                established so that it reflects the Community's total cereal
cereals (*), as last amended by Regulation (EEC) No 3989/          requirements;
87 ( 2 ); whereas those measures involve in particular the
introduction of a co-responsibility levy determined by
taking account of the various factors which will enable a          Whereas, in view of the difficulties arising in the
definition to be given of that production which requires           application of the co-responsibility levy arrangements
financial support in order to ensure its disposal and allow        provided for in Article 4 of Regulation (EEC) No 2727/75,
an assessment to be made of the resulting charges on the           provision should be made for that levy and the additional
budget, bearing additionally in mind imports of cereal             levy to be collected throughout the Community at the time
substitute products on the Community market;                       of placing on the market or of sale to intervention by
                                                                   producers;
Whereas those measures are not however liable to be
sufficient to control production the increase in which may         Whereas, when the co-responsibility levy was introduced, a
lead to an uncontrollable rise in expenditure; whereas             system of direct aid for small producers of cereals was also
                                                                   instituted with the aim, having regard to the social
                                                                   implications of the measure, of offsetting the effect of the
(!) OJ No L 281, 1. 11. 1975, p. 1.                                co-responsibility levy on their incomes; whereas that
(2) OJ No L 377, 31. 12. 1987, p. 1.                               system must be adjusted on the one hand to ensure that the
 ---pagebreak--- No C 84/28                                Official Journal of the European Communities                                   31. 3. 88
levy paid corresponds fully to the aid received by each                 3. When the amount of the co-responsibility levy is
producer exempted and on the other hand to cover the                    determined, account shall be taken of imports into the
effects of any application of the additional co-responsibility          community of the products listed in Annex D.
levy;
                                                                        4. The     levy provided for in this Article shall be
Whereas under the set-aside scheme provided for by                      regarded   as forming part of the intervention measures
Council Regulation (EEC) No 797/85 on improving the                     designed   to stabilize agricultural markets and shall be
efficiency of agricultural structures (1), as last amended by           allocated  to the financing of expenditure in the cereals
Regulation (EEC) No .../88, there is provision for                      sector.
exemption from the co-responsibility levy for those
producers undertaking to set aside at least 30 % of their
arable land under that programme; whereas that exemp-                   5. Detailed rules for the application of this Article,
tion is limited to 20 tonnes of marketed cereals; whereas,              and in particular the definition of placing on the market,
for the sake of controls, it should be provided that that               and the necessary transitional measures shall be
exemption should also be implemented in the form of a                   adopted in accordance with the procedure laid down in
reimbursement;                                                          Article 26.
Whereas, moreover, in view of the earliness of harvests in              6. The Commission shall consult with trade interests
the southern regions of the Community, difficulties may                 on the use of the amount produced by the levy.
arise in the application of the measures contemplated;
whereas that situation may be remedied by providing that                7. For the purposes of applying this Article, for cereals
the measures in question are to apply in those Member                   other than maize and grain sorghum produced in Italy,
States in the period 1 June to 31 May;                                  Greece, Spain and Portugal, 'marketing year' means the
                                                                        period 1 June to 31 May.'
Whereas the measures provided for in this Regulation shall
apply to Portugal from the beginning of the second stage,
HAS ADOPTED THIS REGULATION:                                         2. Article 4a is replaced by the following:
                                                                        'Article 4a
                           Article 1
                                                                        1. Direct aid shall be instituted for small producers.
Regulation (EEC) No 2727/75 is hereby amended as
                                                                        For the Community, the total amount of the aid shall be
follows:                                                                fixed each year before the beginning of the marketing
                                                                        year in accordance with the procedure laid down in
                                                                        Article 43(2) of the Treaty.
 1. Article 4 of Regulation (EEC) No 2727/75 is replaced by
     the following:
                                                                        That amount shall be equal to the total estimated
                                                                        amount produced by the co-responsibility levy provided
     'Article 4
                                                                        for in Articles 4 and 4b on producers marketing not
     1. A co-responsibility levy shall be payable by                    more than 25 tonnes.
     producers in respect of the cereals referred to in Article 1
     (a) and (b) produced in the Community and placed on                2. The Council, acting by a qualified majority on a
     the market or sold to an intervention agency pursuant to           proposal from the Commission, shall lay down general
     Articles 7 and 8. These arrangements shall apply for the           rules for such aid, including those to ensure that the
     1988/1989 to 1991/1992 marketing years.                            reimbursement made corresponds fully to the levy
                                                                        collected.
     However, without prejudice to the exemption provided
     for in Article la(6) of Regulation (EEC) No 797/85,                3. Detailed rules for the application of the aid, and in
     small producers shall qualify for an exemption from the            particular its allocation, shall be adopted in accordance
     co-responsibility levy in accordance with the arrange-             with the procedure laid down in Article 26 on the basis
     ments provided for in Article 4a.                                  of objective criteria.'
     The exemption provided for in Article la(6) of
     Regulation (EEC) No 797/85 shall take the form of a
     reimbursement.                                                  3. The following Article 4b is added:
     2. The amount, per unit, of the levy shall be fixed
     annually before the beginning of the marketing year, in             'Article 4b
     accordance with the procedure laid down in Article 43
      (2) of the Treaty.                                                 1. When the prices provided for in Article 3(1) are
                                                                         fixed, and in accordance with the same procedure, the
                                                                         Council shall fix each year a maximum guaranteed
 (!) OJ No L 93, 30. 3. 1985, p. 1.                                      quantity for all the cereals referred to in Article 1(a)
 ---pagebreak--- 31. 3. 88                                 Official Journal of the European Communities                               No C 84/29
   and (b). For the fixation of that quantity, account shall             3. If the cereals production in a marketing year
   be taken of the overall consumption of cereals in the                 exceeds the maximum guaranteed quantity fixed for
   Community and of imports of the products listed in                    that marketing year, the intervention price for the
   Annex D. However, for the 1988/1989, 1989/1990,                       following marketing year shall be reduced by 3 %.
    1990/1991 and 1991/1992 marketing years, the ma-
   ximum guaranteed quantity shall be fixed at 160 million               That reduction shall also affect the determination of the
   tonnes.                                                               target prices referred to in Article 3(1).
   2. For each marketing year and for the period referred                The Commission shall adjust the intervention and
   to in Article 4(1), an additional co-responsibility levy              target prices resulting from the application of the
   shall be payable by producers. That additional levy shall             preceding subparagraph each year before the beginning
   be equal to 3 % of the intervention price applying to                 of the marketing year.
   common wheat of breadmaking quality at the beginning                  4. For the purposes of applying this Article, the
   of the marketing year in question. The provisions of                  Commission shall establish each year before 1 March
   Article 4(1), (4), (6) and (7) shall apply to the additional          whether the cereals production from the current
    levy.                                                                marketing year has exceeded the maximum guaranteed
   Where cereals production in a marketing year is equal to              quantity fixed for that marketing year or not.
    or less than the maximum guaranteed quantity fixed for               5. Detailed rules for the application of this Article and
    that marketing year, the additional levy shall be                    in particular the amount of the additional levy shall be
    reimbursed in full to producers. Where the amount by                 adopted in accordance with the procedure laid down in
    which the maximum guaranteed quantity is exceeded is                 Article 26.'
    less than 3 %, the additional levy shall be reimbursed in
    part. That reimbursement shall correspond to the
                                                                                                Article 2
    difference between the additional levy paid and that
    resulting from the recorded amount by which the                  This Regulation shall enter into force on the day of its
    maximum guaranteed quantity is exceeded.                         publication in the Official Journal of the European
    The amount of the direct aid to be granted to small              Communities.
    producers for each tonne of cereals marketed to offset           It shall apply from the 1988/1989 marketing year.
    the additional co-responsibility levy shall be reduced by
    the amount of the levy reimbursed in accordance with             This Regulation shall be binding in its entirety and directly
    the provisions of this paragraph.                                applicable in all Member States.
                  Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1035/72 on the
                                   common organization of the market in fruit and vegetables
                                                         COM(88) 84 final
                              (Submitted by the Commission to the Council on 25 February 1988)
                                                            (88/C 84/17)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Having regard to the opinion of the Economic and Social
                                                                      Committee,
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 43 thereof,
                                                                      Whereas Regulation (EEC) No 1035/72 on the common
 Having regard to the Act of Accession of Spain and                   organization of the market in fruit and vegetables (1), as
 Portugal, and in particular Articles 89(2) and 234(3)                last amended by Regulation (EEC) No 223/88 (2), provides
 thereof,
 Having regard to the proposal from the Commission,
                                                                      (!) OJ No L 118, 18. 5. 1972, p. 1.
 In cooperation with the European Parliament,                         (2) OJ No L 23, 28. 1. 1988, p. 1.