CELEX: 51988PC0084(07)
Language: en
Date: 1988-02-27
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1035/72 ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES

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.
 ---pagebreak--- No C 84/30                              Official Journal of the European Communities                                  31. 3. 88
for a prices and intervention system for a certain number of          significant quantities pursuant to Articles 15, 15a, 15b,
products in the sector;                                               19 and 19a, an intervention threshold shall be fixed
                                                                      before the beginning of the marketing year for those
                                                                      products and if intervention exceeds the said threshold
Whereas producers should be made more aware of the real               by a quantity assessed according to the product on the
needs of the market in fruit and vegetables; whereas this             basis of the quantity bought in during one marketing
should be achieved, where appropriate, by defining a                  year or the average quantity bought in over several
quantity which may be bought in, in excess of which the               marketing years, financial liability shall be borne by the
financial liability should be borne by the producers;                 producers.
Whereas the consequence of the liability of the producers             Any exceeding of the intervention threshold shall result
must be a reduction in the basic and buying-in prices                 in a reduction in the basic and buying-in prices applying
applying in the following marketing year;                            during the following marketing year; such reductions
                                                                      may not however exceed 20 %.
Whereas an intervention threshold mechanism of this sort             Reductions resulting from the application of the
has already been introduced into the common organization             preceding subparagraphs shall not be taken into
of the market for tomatoes, by Regulation (EEC) No 1926/              account in subsequent marketing years for the fixation
87 (!), and for satsumas, Clementines, mandarins and                  of the basic and buying-in prices in accordance with the
nectarines, by Regulation (EEC) No 223/88; whereas                   criteria laid down in Article 16(2) and (3).
provision should be made for a mechanism for fixing
intervention thresholds for all the other products which are
liable to be the subject of intervention and which are listed         2. If, during the verification of convergence phase
in Annex II to Regulation (EEC) No 1035/72;                          referred to in Article 131 of the Act of Accession, a
                                                                     threshold is fixed pursuant to paragraph 1 for a given
                                                                     product in the Community as constituted at 31
Whereas in so far as in Spain, during the 'verification of            December 1985 and if quantities of that product are
convergence' phase, such products are bought in and give              bought in Spain in accordance with the provisions
rise to Community financing in accordance with Article               applying, the Council, in accordance with the procedure
133(3) of the Act of Accession, provision should be made              laid down in paragraph 3, shall fix for Spain an
for the fixing of a quantity of those products in excess of           intervention threshold in excess of which financial
which financial liability will be borne by the producers;             liability shall be borne by the producers under the
                                                                     conditions which it shall lay down.
Whereas, in view of the specific provisions of the Act of
Accession, and in particular Article 265 thereof, no                 Any reduction in prices in the Community as con-
provision need be made during the first stage of transition          stituted at 31 December 1985 decided pursuant to
for the application of similar measures in Portugal,                 paragraph 1 shall not be taken into account for the
                                                                      application in Spain and Portugal of the price discipline
                                                                     provided for in Articles 135(1) and 265(1) respectively
                                                                      of the Act of Accession.
HAS ADOPTED THIS REGULATION:
                                                                      3. The Council, acting by a qualified majority on a
                                                                     proposal from the Commission, shall lay down:
                           Article 1                                 — the rules for applying this Article,
                                                                     — the criteria for fixing the intervention thresholds,
The following Article 16b is added to Regulation (EEC) No
1035/72:                                                             — the financial consequences of intervention in excess
                                                                          of the thresholds for each of the products concerned.
    'Article 16b
                                                                      4. (a) The Commission shall, where appropriate,
                                                                               establish before 1 March whether the thresholds
    1. Where the market in a product listed in Annex II is                     provided for in paragraph 1 have been exceeded.
    affected by or is likely to be affected by imbalances
    giving rise or liable to give rise to the buying in of
                                                                          (b) The Commission shall adopt, as the need arises,
                                                                               measures for the application of this Article in
                                                                               accordance with the procedure laid down in
(!) OJ No L 183, 3. 7. 1987, p. 24.                                            Article 33. These may include measures to
 ---pagebreak--- 31. 3. 88                                Official Journal of the European Communities                                 No C 84/31
            ensure the transition from the arrangements                                        Article 2
            applicable during the verification of convergence
            phase or the first stage to the second phase or
            stage.                                                  This Regulation shall enter into force on the third day
                                                                    following its publication in the Official Journal of the
    5. The provisions of this Article shall not apply to            European Communities.
    tomatoes, satsumas, Clementines, mandarins and
    nectarines during the period of application of Articles         This Regulation shall be binding in its entirety and directly
    16(3a) and 16a.'                                                applicable in all Member States.
                   Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 727/70 on the
                                      common organization of the market in raw tobacco
                                                       COM(88) 84 final
                             (Submitted by the Commission to the Council on 25 February 1988)
                                                          (88/C 84/18)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            The following paragraph 5 is added to Article 4:
Having regard to the Treaty establishing the European
                                                                        '5. Each year and in accordance with the procedure
Economic Community, and in particular Article 43 thereof,
                                                                        provided for in Article 43(2) of the Treaty, the Council
Having regard to the proposal from the Commission,                      shall fix a maximum guaranteed quantity in particular
                                                                        in the light of market requirements for each variety or
In cooperation with the European Parliament,                            group of varieties of Community-produced tobacco for
Having regard to the opinion of the Economic and Social                 which prices and premiums are fixed. The overall
Committee,                                                              maximum quantity for the Community shall be fixed at
                                                                        385 000 tonnes of leaf tobacco for each of the 1988,
Whereas, in order to curb any increase in the Community's               1989 and 1990 harvests.
tobacco production and at the same time to discourage the
growing of varieties which are difficult to dispose of,                 Without prejudice to the provisions of Articles 12a and
provision should be made for a proportional reduction in                13, for each 1 % by which the maximum guaranteed
the prices and premiums if production exceeds a maximum                 quantity is exceeded per variety or group of varieties,
guaranteed quantity fixed for each harvest; whereas certain             the norm and intervention prices and the premiums
costs are added to the intervention price to obtain the                 concerned shall be reduced by 1 %. The reduction shall
derived intervention price; whereas the application of the              not exceed 5 % for the 1988 harvest and 15 % for the
reduction coefficient to the derived intervention price must            1989 and 1990 harvests.
not affect such costs;
                                                                        For the purposes of applying this paragraph, the
Whereas the maximum quantity must be established in the                 Commission shall establish before 31 July whether
light of production statistics and the market situation;                production exceeds the maximum guaranteed quantity
whereas in order to continue to implement a policy aimed                for a variety or group of varieties.
at encouraging the most sought-after varieties and to take
account of specific regional features of tobacco production,            Detailed rules for the application of this paragraph shall
a maximum guaranteed quantity should be fixed for each                  be adopted in accordance with the procedure laid down
variety or group of varieties; whereas provision should be              in Article 17.'
made, for a limited period, for a ceiling on any reduction in
the prices and premiums; whereas Regulation (EEC) No
727/70 should be amended accordingly,                                                          Article 2
HAS ADOPTED THIS REGULATION:                                       This Regulation shall enter into force on the third day
                                                                    following its publication in the Official Journal of the
                           Article 1                               European Communities.
Regulation (EEC) No 727/70 is hereby amended as                    This Regulation shall be binding in its entirety and directly
follows:                                                            applicable in all Member States.