CELEX: 51988PC0084
Language: en
Date: 1988-02-27
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulations (EEC) No 797/85 and No 1760/87 as regards the set-aside of agricultural land and the extensification and conversion of production#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 857/84 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 775/87 temporarily withdrawing a proportion of the reference quantities mentioned in Article 5c (1) of Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 777/87 as regards the period of application of the intervention measures for butter and skimmed-milk powder#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 2727/75 on the common organization of the market in cereals#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 727/70 on the common organization of the market in raw tobacco#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1837/80 on the common organization of the market in sheepmeat and goatmeat#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 84
Vol. 1988/0021
 ---pagebreak--- Disclaimer
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(88 ) 84 final
                                                           Brussels , 27 February 1988
                                         Proposai for a
                                   COUNCIL REGULATION ( EEC )
 amending Regulations ( EEC ) No 797 / 85 and No 1760 / 87 as regards the set-aside
   of agricultural land and the extensification and conversion of production
                                         Proposai for a
                                  COUNCIL REGULATION ( EEC )
 amending Regulation ( EEC ) No 804 / 68 on the common organization of the market
                                 in mi lk and mi Ik products
                                         Proposai for a
                                  COUNCIL REGULATION ( EEC )
amending Regulation ( EEC ) No 857 / 84 adopting general rules for the application
  of the levy referred to in Article 5c of Regulation ( EEC ) No 804 /68 in the
                              mi lk and mi lk products sector
                                         Proposai for a
                                  COUNCIL REGULATION ( EEC )
  amending Regulation ( EEC ) No 775 / 87 temporarily withdrawing a proportion of
    the reference quantities mentioned in Article 5c (1) of Regulation ( EEC )
      No 804 /68 on the common organization of the market in mi lk and mi lk
                                            products
                                         Proposai for a
                                  COUNCIL REGULATION ( EEC )
 amending Regulation ( EEC ) No 777 /87 as regards the period of application of
          the intervention measures for butter and skimmed-milk powder
                                         Proposai for a
                                  COUNCIL REGULATION ( EEC )
                           C ) No 2727 / 75 on the common     organization of the market
                                           in cereals
                                      ,  Proposal for a
                      V           COUNCIL REGULATION ( EEC )
                       ( EEC ) No 1035 / 72 on the common organization of the market
                                    in fruit and vegetables
                                         Proposai for a
                                   COUNCIL REGULATION ( EEC )
 amending Regulation ( EEC ) No 727 / 70 on the common organization of the market
                                         in raw tobacco
                                         Proposai for a
                                   COUNCIL REGULATION ( EEC )
amending Regulation ( EEC ) No 1837 /80 on the common organization of the market
                                  in sheepmeat and goatmeat
                               (presented by the Commission )
 ---pagebreak---                                        Λ
                                                                     C£jh - ?</
                              EXPLANATORY MEMORANDUM
                                                                      1'
Following on the conclusions of the European Council regarding agricultural
stabilizers , the Commission encloses its proposals on the subject .
     o
                                                                                i
                                            A
 ---pagebreak---                                           - U-
                            Council Regulation
                                                                            v
                 aroending Régulations ( EEC ) No 797 / 85 and No 1760 / 87
        as regards the set-aside of agricultural land and the extensif ication
                              and conversion of production
THE COUNCIL OF THE EUROPEAN COMMUN ITI ES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Articles 42 and 43 thereof ,
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
Whereas the situation of agricultural markets has changed , and will change
further , as a result of the new direction imposed on the common agricultural
policy by the need to secure a gradual drop in output in those sectors where
is a surplus ;
Whereas , in this context , structural policy must be used to help farmers adapt
to this new situation and to cushion the effects that the new markets and
prices policy is likely to have on agricultural incomes in particular ;
Whereas , in order that the objectives of the structural policy may be
achieved , the common measure introduced by Council Regulation ( EEC ) No 797 / 85
of 12 March 1985 on improving the efficiency of agricultural structures ( 4 ),
as last amended by Regulation ( EEC ) No 1760 / 87 ( 5 ), should be adjusted and
amplified ;
Whereas arrangements for the set-aside of arable lahd may assist the various
sectors , and in particular those with surplus production , to adjust to market
requirements ;
Whereas the set-aside arrangements should cover all arable land since from one
year to another the use made of such land varies with the rotation of crops ;
whereas , however , land so far used for crops not subject to a common
organization of the market should be excluded from the scheme ; whereas , to
achieve tangible results in terms of the stabilization of supply , it should be
stipulated that at least 20% of a farmer’s arable land must be set aside for a
period of at least five years , with provision for him to terminate his
commitment after three years ;
( 4 ) OJ No L 93 , 30.03.1985 , p. 1
( 5 ) OJ No L 167 , 26.06.1987 , p. 1
                    N
 ---pagebreak---                                            - 2 -
Whereas , given the greater need to protect the environment and to maintain the
countryside , Member States should take the necessary measures to keep
set-aside land in good agricultural condition and lay down the necessary
provisions to protect the environment and natural resources ;             v
        «
Whereas , in the interests of making efficient use of the Community 's farming
resources , Member States should be allowed , for a three-year experimental
period , to authorise land which has been set aside to be used for grazing or
for producing lentils , chick-peas or vetches ; whereas , however , in order not
to provide incentives for products which are in surplus , the use of set-aside
land for grazing should be subject to certain conditions ; whereas in both
cases the amount of the aid should allow for the reduction in the loss of
income ;
Whereas it should be left to the Member States to set the amount of the aid
per hectare of land set aside , in the light of the income losses actually
incurred and in accordance with criteria to be laid down within the framework
of the detailed rules for applying these arrangements ; whereas , on the one
hand , the level of aid must be fixed so that it is sufficiently high to
provide farmers with a real incentive to set aside some of their land ;
whereas , on the other hand , the aid should not exceed the level necessary to
offset the loss of income resulting from the set-aside of the land ; whereas ,
to this end , a framework should be laid down for setting minimum and maximum
amounts ;
Whereas , to provide an additional incentive to those farmers who set aside
large areas , that is , at least 307. of their arable land , such farmers should
be exempted , in respect of a quantity of 20 tonnes , from the co-responsibility
levy provided for in Article 4 and the additional co-responsibility levy
provided for in Article 4b(2 ) of Council Regulation ( EEC ) No 2727 / 75 of
29 October 1975 on the common organization of the market in cereals ( 6 ), as
last amended by Regulation ( EEC ) No       / 88 ( 7 );
Whereas , to take account of the different situations obtaining in the various
regions of the Community , provision should be made for the modulation by
tranches of the rate of reimbursement from the European Agricultural Guidance
and Guarantee Fund ;                                    .
Whereas the introduction of aid arrangements for the set-aside of land
necessitates certain changes in the aid arrangements for conversion and
extensif ication as introduced by Regulation ( EEC ) No 1760 /87 ; whereas , for the
sake of clarity , adjustments should be made to the provisions currently in
force without altering in any essential respect the existing aid arrangements
for conversion and extensif ication ,
Whereas , although a scheme for land set-aside falls within the common measure
for improving the efficiency of agricultural structures provided for in
Regulation ( EEC ) No 797 / 85 , its main aim is nonetheless to help in
re-establishing the balance between output and the market 's capacity to absorb
it ;
-                                                                                 i
 ( 6 ) OJ No L 281 , 01.11.1975 , p. 1          .
 (7)
                     N
 ---pagebreak---                                               - 3 -
Whereas the schemes are thus intended to supplement measures adopted by the
Council under the various market organizations in order to stabilize those
markets ; whereas it should therefore be laid down that the schemes for land
set-aside is to be considered as a common measure within the meaning 'of
Article 6(1 ) of Council Regulation ( EEC ) No 729 / 70 of 21 April 1970 on the
financing of the common agricultural policy(8 ), as last amended by Regulation
( EEC ) No 3183 / 87(9 ), and as intervention within the meaning of Article 3 of
that Regulation and is thus to be financed in equal parts from the Guarantee
and Guidance Sections of the European Agricultural Guidance and Guarantee Fund ,
HAS ADOPTED THIS REGULATION :
                                           Article 1
Régulation ( EEC ) No 797 / 85 is hereby amended as follows :
1 . In Article 1 :
     ( a ) the following subparagraph is added to paragraph 1 :
            " The common measure includes measures considered to be intervention
            within the meaning of Article 3 of Regulation ( EEC ) No 729 / 70 ";
     ( b ) the following subparagraph is added to paragraph 2 :
            " In accordance with Title VIII , the Guidance and Guarantee Sections of
            the European Agricultural Guidance and Guarantee Fund , hereinafter
            referred to as the Fund , shall make equal contributions to the measure
          ° referred to in paragraph 1 concerning the scheme for encouraging
            set-aside of land ;
2 . Title 01 is replaced by the following Titles 01 , 02 and 03' :
                                           " Title 01
                                Set-aside of agricultural land
                                          Article la
     1 . Member States shall introduce an aid scheme designed to encourage the
          set-aside of agricultural land .
     2 . Aid for set-aside may be granted for all arable land , irrespective of
          the crops grown , provided that the land has in fact been cultivated for
          a reference period to be determined . Land growing crops not covered by
          a common market organisation are excluded from the scheme .
( 8 ) OJ No L 94 , 28.04.1970 , p. 1
( 9 ) OJ No L 304 , 27.10.1987 , p. 1
                                                                                   i
 ---pagebreak---                                             - 4 -
3 . The agricultural land withdrawn from production must represent at least 20%
      of the arable land on the farm concerned .    For a period of at least five
      years , with the possibility of termination after three years , such land
      must be withdrawn from cultivation , that is :
                                                                           1*
      -•left fallow with rotation possibilities ,
      - afforested , or
      - used for non-agricultural purposes .
      Member States shall take the necessary measures to keep the land in good
      agricultural condition . They shall lay down' the necessary provisions for
      managing the land so that the environment and natural resources are
      protected .
      The Member States may , on ail or some of their territory , authorize the use
      of set-as ide land for :
                *                                                              4
      a)   grazing , provided :
           - a maximum stocking rate per hectare , to be determined , is complied
               with ;
           -   fodder produced on the farm is not marketed ;
      b)   growing lentils , chick-peas and vetches .
                           !
      Authorization by the Member States as provided for in the preceding
      subparagraph shall be limited to three years from ...(*). By then the
      Commission shall have reported to the Council on the results of such
      authorization .
4 . Member States shall détermine :
                                                                                    (
      a)   the amount of the aid to be paid per hectare of land set aside on the
           basis of the loss of income resulting from the land being set aside ,
           whilst ensuring that the amount of the aid is sufficient to make it
           effective , on the one hand , and that it does not provide excessive
           compensation , on the other , together with the way in which that aid is
           to be paid . The maximum amount of aid to be paid is set at 600 ECU per
           hectare , per annum , and the minimum amount is set at 100 ECU per
           hectare , per annum . ( 1 )
           In the case of authorization as provided for in the third subparagraph
           of paragraph 3 of Article 1(a ), the amount of the aid Bhall take
           account of the reduction in the loss of income ;
           b ) the reference period referred to in paragraph 2 ;
           c ) the undertaking to be given by the beneficiary for the purposes of
               verifying that the area farmed has in fact been reduced .
      5 . Producers who , for the land set aside , receive aid within the meaning
           of this Title may not receive aid within the meaning of Titles 02 or 03
           for such land .
 (*) Date of the Régulation' s entry into force
 ( 1 ) The Commission can , in exceptional cases , in accordance with the procedure
        laid down in Article 25 , set a higher maximum amount of 700 ECU per
        hectare , per annum .
                      N
 ---pagebreak---    6.   Producers who set aside at least 30% of their arable land shall be
        exempted , in respect of a quantity      of 20 tonnes , from the
        co-responsibility levy referred to       in Article 4 of Regulation ( EEC )
        No 2727 / 75 and from the additional     co-responsibility levy (*) provided
        for in Article 4b(2 ) of Régulation      ( EEC ) No 2727 / 75 .     V*
        Detailed rules for applying this exemption shall be adopted in
        accordance with the procedure laid down in Articles 4a and 4b of
        Régulation ( EEC ) No 2727 / 75 .
   7.   The Commission , acting in accordance with the procedure laid down in
        Article 25 , shall adopt detailed rules for applying this Title ,
        specifying in particular :
        - the minimum area to be set aside ;
        - in the case of authorization as provided for in the third subparagraph
           of paragraph 3 , the maximum stocking rate per hectare of grazing and
           the rate by which the aid is to be reduced in accordance with the
           second subparagraph of paragraph 4(a );
        - the criteria to be applied by the Member States when fixing the aid ;
        - the criteria for determining the reference period referred to in
           paragraph 2 ;
                                           Title 02
                             Extensif ication of production
                                          Article lb
      o
   1.   Member States shall introduce an aid scheme to promote extensi - fication
        of the production of surplus products . Surplus products shall be
        defined as products for which there are consistently , at Community
        level , no normal unsubsidized outlets .
        Until 31 December 1989 Member States may restrict the scheme to arable
        crops , beef and veal , and wine .
   2.   Extensif ication shall be defined as a reduction of at least 20% , for a
        period of at least five years , in the output of the product concerned
        without any increase in other surplus' production capacity . However ,
        such an increase shall be permitted in proportion to any increase in the
        utilized agricultural area of the farm .
   3.   Member States shall détermine :
        a ) the conditions for granting the aid , including those for reducing
            output of the various products . In the case of beef and veal , it
            may be stipulated that , in order to achieve the reduction in output
            referred to in paragraph 2 , the number of livestock units must be
            reduced by at least 20% ; in the case of wine , it may be stipulated
            that the yield per hectare must be reduced by at least 20% ;
(*) Provision proposed by the Commission .
                                                                                    i
 ---pagebreak---                                             - 6 -
     b ) the amount of the aid , on the basis of the undertaking given by the
          beneficiary and the loss of income incurred , and the way in which it is
          to be paid ;
     c ) the reference period for the product concerned , for the purposes of
          calculating the reduction ;
    d ) the undertaking to be given by the beneficiary for the purposesi'of
        • verifying that production has in fact been reduced .
4 . Where the scheme is applied in the milk sector , the reduction in output
     shall be calculated on the basis of the reference quantity allocated under
    Regulation ( EEC ) No 804 / 68 on the common organization of the market in milk
    and milk products ( 10 ), as last amended by Regulation ( EEC ) No 773 / 87(11 ).
    Reference quantities suspended pursuant to this paragraph may not be reused
    or reallocated for the duration of the suspension .
    The eligible amount of the premium paid under Council Régulation ( EEC )
    No 775 / 87 of 16 March 1987 temporarily withdrawing a proportion of the
    reference quantities mentioned in Article 5c(l ) of Regulation ( EEC )
    No 804 / 68 ( 12 ) shall be deducted from the eligible amount of the aid .
5 . Producers who receive aid within the meaning of this Title may not receive
    aid within the meaning of Titles 01 or 03 for the land affected by
    extensification. |
6 . The Commission , acting in accordance with the procedure laid down in
    Article 25 , shall lay down detailed rules for applying this Title ,
    specifying in particular the maximum and minimum amounts of yearly aid per
    hectare .
                                          Title 03
                                 Conversion of production
                                         Article le                                   o
1 . Member States shall introduce an aid scheme designed to encourage the
    conversion of production towards non-surplus products .
2 . The Council , acting on a proposal from the Commission in accordance with
    the voting procedure laid down in Article 43(2 ) of the Treaty , shall adopt
    a list of products towards which production may be converted and shall lay
    down the conditions and procedures for the granting of the aid .
3 . Producers who receive aid within the meaning of this Title may not oreceive
    aid within the meaning of Titles o 01 or 02 for the land in question .
4 . The Commission , acting in accordance with the procedure laid down in
    Article 25 , shall adopt detailed rules for applying this Title ."
( 10 ) OJ No L 48 , 28.06.1968 , p. 13 .
( 11 ) OJ No L 78 , 20.03.1987 , p. 1 .
( 12 ) 0J No L 78 , 20.03.1987 , p. 5 .
                                                                                    I
                      N
 ---pagebreak---                                              - ? -
3 . In the second subparagraph of Article 20(1 ), the words " of the
    extensif ication aid as established in Article la" are replaced by " the aids
    to the set-aside of agricultural land and extensif ication established in
    Article la and lb ".
4 . In- Article 26 ,
    a ) paragraph 1 is replaced by the following :
          " 1 . The expenditure incurred by Member States in connection with
                 the measures provided for in Articles lb , lc , 3 to 7 , 9 to 17
                 and 19 to 21 shall be eligible for aid from the Guidance
                 Section of the Fund . The expenditure incurred by Member States
                 in connection with the measures provided for in Articles la
                 shall be eligible for aid from the Guarantee and Guidance
                 Section of the Fund ."
    ( b ) in paragraph 2 the first sentence is replaced by the following :
               "The Fund shall reimburse to Member States 25% of their eligible
               expenditure on the measures provided for in Article lb , lc , 3 to
               7 , 13 to 17 , and 19 to 21 .
    ( c ) the following subparagraph is added to paragraph 2 :
               "The fund shall reimburse to Member States 1 the eligible
               expenditure on the measures provided for in Articles la .     The
               following rates shall apply :
         o
               -   50% for that portion of the aid which does not exceed 200 ECU
                   per hectare , per annum ;
                   25% for that portion of the aid between 200 ECU and 400 ECU
                   per hectare , per annum ;
                   15% for that portion of the aid between 400 ECU and 600 ECU
                   per hectare , per annum ;
                                                               •%
               -   and in the case of authorization as provided for in the third
                   subparagraph of paragraph 3 :
                   50% for that portion of the aid which does not exceed 100 ECU
                   per hectare , per annum .
                   25% for that portion of the aid between 100 ECU and 200 ECU
                   per hectare , per annum ;
                   15% for that portion of the aid between 200 ECU and 300 ECU
                   per hectare , per annum .
5 . In Article 32(1 ) the following subparagraph is inserted after the
    first subparagraph :                              •'          •
    "Where Titles 01 , 02 and 03 are concerned , Member States shall bring
    into force the measures necessary to comply with this Regulation
    before . 1988 (*)."
                                                                                  i
                          O
(*) Three months from the entry into force of the proposed Régulation .
 ---pagebreak---                                       - 8 -
6 . The following Article 32a la Inserted :
    ”1 . On receipt of a reasoned application , the Commission , acting in
         accordance with the procedure laid down in Article 5 , may authb-
     - rize a Member State not to apply the aid schemes provided for in
         Titles 01 , 02 and 03 in those regions or areas where , because of
         natural conditions or the threat of depopulation , production
         should not be reduced .  In the case of Spain the Commission may
         also take account of the particular socio-economic situations of
         certain regions or areas .                *
         The Commission , acting in accordance with the procedure laid down
         in Article 25 , shall adopt the criteria for defining the régions
         or areas referred to in the first subparagraph .
     2 . Portugal is hereby authorized not to apply the schemes referred tô
         in paragraph 1 until 31 December 1995 ."
                                    Article 2
Articles 5 and 6 of Régulation ( EEC ) No 1760 / 87 are hereby repealed .
                         !          Article 3
This Régulation shall enter into force on the third day following its
publication in the Official Journal of the Européen Communities .
This Régulation shall be binding in its entirety and directly applicable
in ail Member States .
                                                                          O
                                       O
                                                                            I
                    V»
 ---pagebreak---     riLnc rinnnucRc –*<-v-
   une propos i on de règlement du Conseil modifiant les règlements ( CEE ) n * ?97 /85
   et n * 1760 / 87 en ce qui concerne le retrait des terres agricoles ainsi que
    l 'extensi fication et la reconversion de la production .
 1 . Ligne budgétaire : II1B       poste :    ....   intitulé :
                           . FE06ACG ), FEOGA(O ), à déterminer .
                           . FEOGA ( G ) , 1030 , Prélèvement de coresponsabilité .
 2 . Base juridique : Art . 43 du Traité .
 3 . Classification :            Dépense obi igatoire/dtfWUMIMPfyiMllfl
 4 . Objectifs de la mesure et description de l' action : retrait des terres agricoles en vue d' une
     meilleure stabilisation de l' offre des produits agricoles .
S.     Mode de calcul                                           °
 5.1    Nature de la dépense : - Remboursement d' une partie des dépenses nationales .
                                - Exonération du prélèvement de coresponsabi litê .
5.2 Part du financement communautaire : entre 15 % et 50 % des dépenses éligibles à une
        participation du FEOGA .
5.3 Calcul : voir annexe pour le cout par million d' hectares retirés de la production .
         Il est envisagé que le système commencera à et re mis en oeuvre en automne de
        1988 et que , par conséquent , les premières dépenses pour le FEOGA(G ) inter-
         viendront en 1989 et pour le FEOGA(O ) en 1990 .
6.      Incidence financière sur les crédits opérationnels
5.1 Echéancier des crédits d' engageirent et de paiement (Mio ECU )
                    Exercice
                    15 89                           p.m
                    19 90                           p.m
                    19 91                        ‘  p.m
                    15 92                           p.m
                    15 93                           p.m
6.2    Financement pendant l' exercice en cours :
7 . Observations :
                                                                                                  i
                               N
 ---pagebreak---                                           - io -
                              ANNEXE A LA FICHE FINANCIERE
 Objet : Mise hors culture des terres arables
-L' hypothèse a été retenue , aux fins de l' estimation de dépenses , d' une prime
 de 400 ECU / ha en moyenne . Le montant se fonde sur la perte de revenu net
 pour le producteur résultant de la non-production, ainsi que des coûts
 de l' entretien des terres en friche .
 Pour 1 million d' hectares retirés de la production ;
 COUT total de la prime - 1.000.000 ha x 400 ECU/ha - 400 MECU, dont la
 participation du FEOGA s' élèvera , suivant le niveau de la prime , à :
 - 50 X jusqu' à 200 ECU / ha           1  .
 - 25 X«r entre 200
 -                onn et 400
                         znn ECU
                             cr.i // ha
                                     k» \  taux moyen estimé à 35 I,
                                           soit 140 MECU .
 - 15 X entre 400 et 600 ECU / ha
 EXONERATION DES PRELEVEMENTS C E CORESPONSABILITE sur 20 tonnes de céréales
 commercialisées par les agriculteurs pratiquant le retrait des terres sur
 au moins 30 X de la surface arable . Il est estimé que cette exonération
 portera sur 600.000 t de céréales . Au taux de prélèvement de 6 X (3 X + 3 X )
 (- 10,76 ECU / t ) : 600.000 tonnes x10, 76 - 6 MECU
 Lo DIMINUTI0N DE LA PR0DUCTI0N affectera surtout les céréales en raison
 de leur rentabilité ó l'hectare . Le rendement moyen est de 4,6 t / ha , mais ,
 compte tenu du " slippage " de 50 X, la diminution escomptée n'est que de :
 1.000.000 ha x 4,6 t / ha x 50 X - 2,3 Mio.t .
 Les MOINDRES DEPENSES pour le FEOGA Garantie , basées sur un coût à l' expor¬
 tation , après stockage d' un an à l' intervention, d' environ 175 ECU / t , seront
 de : 2,3 Mio.t x 175 ECU / t - 400 MECU .
 Par conséquent , pour 1 million d' hectares retirés de la production et
 affectant les céréales :
                                                              MECU
 - Coût total de la prime                                     400
                                                              , /n) dont 70 FEOGA(G )
 - Coût à la charge du FEOGA                                  14Uj et JQ FE0GA(0)
 - Moindres recettes FEOGA pour l' exonération
    du prélèvement de coresponsabilité                     •     6
 - Moindres dépenses d' écoulement pour le FEOGA              400
                                                                                 i
 ---pagebreak---                                              - 11-
                                        Proposai for
                                                         »>
                            COUNCIL REGULATION ( EEC )
          amending Regulation ( EEC ) No 804 /68 on the common organization
                       of the market in milk and milk products
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof .
Having regard to the proposal from the Commission,^
                         I
                           • •       ..  '_ _                2
Having regard to the opinion of the European Parliament ,
                                                               3
Whereas Article 5c of Council Regulation ( EEC ) No 804 /68 , as last amended
                                      4
by Régulation ( EEC ) No            , introduced for a period of five years , with
 the aim of restoring equilibrium on the milk market , an arrangement for an
additional levy on quantities of milk delivered or -purchased exceeding a
reference quantity established in respect of the milk producer or purchaser
whereas it is now clear that the results obtained from these arrangements
will not suffice to achieve the objective of adaptation of supply to demand
by the end of the five-year period ; whereas the duration of the additional-levy
arrangement must now be extended to eight 12-month periods ;
                                                                            O
Whereas the guaranteed overall quantities for the sixth , seventh and eight
periods of application of the additional-levy arrangements should be set
at the level taken for the fifth 12-month period ;
1 0J No L        /           /• P -        30J No L 148, 28.6.1968, p. 13 .
20J No L         /           , P-          ^OJ No L    ,
                                                       ê
                                                                  , p.
                                                                  * P­
 ---pagebreak---                                       - 12-
Whereas Article 7a of Regulation ( EEC ) No 804 /68 makes provision, during
the application of the additional-levy arrangements , for adoption of
measures to reduce quantities bought in; whereas the reasons for extending
these arrangements entail extension of the provisions of Article 7a for the
same duration;
HAS ADOPTED THIS REGULATION :                        ■*
                                         Article 1
Régulation ( EEC ) No 804 / 68 is amended as follows :                         #    >
1 . In the first subparagraph of Article 5c(1 ), "during f ive ' periods " is
    replaced by "during eight periods ".
2 . In the third subparagraph of Article 5c(3 ), ( c ) is replaced by the following :
    "( c ) for each of the four 12-month periods from 1 April 1988 to 31 March 1992,
     the guaranteed total quantity shall be , in thousands of tonnes :
                                                                                      O
     Belgium                        3 121,861
     Denmark                       4 735,540
     Germany                      22 753,310
     Greece                           520,890
     Spain                         4 560,500
     France                       24 964,982
     Ireland                       5 121,600
     Italy                         8 534,tf60
     Luxembourg                      257,050
     Netherlands                 11 619,630
     United Kingdom              14 869,687
                                                                                  i
 ---pagebreak---                                       - 13-
3 . In the first subparagraph of Article 7a(1 ), " until the end of the fifth
    12-month period of application of the additional-levy arrangements " is
                                       ei ghth 1 2-month period of         v
    replaced by " until the end of the / application of the additional-levy
    arrangements " .
                                      Article 2
This Régulation shall enter into forcé on the third day following its
publication in the Official Journal of the European Communities .
This Régulation shall be binding in its entirety and directly applicable
in ail Member States .
Done at Brussels ,                                       For the Council
                     N
 ---pagebreak---                                            "fH-
                                        Proposât for
                          COUNCIL REGULATION ( EEC )
              amending Régulation ( EEC ) No 857 / 84 adopting general rules
              for the application of the levy referred to in Article 5c of
            Régulation ( EEC ) No 804/68 in the milk and milk products sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation ( EEC ) No 804 / 68 of 27 June 1968 on the
common organization of the market in milk and milk products,^ as last
                                                   2
amended by Regulation ( EEC ) No        .' /     /    and in particular Article 5c(6)
thereof /
                                                          3
Having regard to the proposal from the Commission /
         u
                                                 4
Whereas Council Regulation ( EEC ) No 857 / 84,      as last amended by Regulation
( EEC ) No         /     ,3 lays down the general rules for the application of
the additional levy referred to in Article 5c of Régulation ( EEC ) No 804 /68;
Whereas Article 4a of Regulation ( EEC ) No 857 / 84 authorizes , for the five
12-month periods , regional and national reallocations of unused quantities
with variation according to the levy-payers and the regions ; whereas ,
given      its flexibility, this arrangement should be retained, in view of
certain situations , as long as the additional levy is chargeable ;
1 0J No L 148,28. 6. 1968, p. 13.
  0J No L       ,           / P»    •
30J No L ,                  , P­
A0J No L 90, 1.4.1984, p. 13.
50J No L ,              * * P*
                      N
 ---pagebreak---                                        - iï-
Whereas the first subparagraph of Article 5c(1 ) of Regulation ( EEC ) No 804 / 68
                                                tight
introduces the additional levy system for / consecutive 12-month periods ;
whereas the amount of the guaranteed overall quantity of direct sales tx^
Member-States until 31 March 1992 should be established accordingly ,
HAS ADOPTED THIS REGULATION :
                                         Article 1
Régulation ( EEC ) No 857 / 84 is amended as follows :
               c                                                                +
1 . In Article 4a(1 ), *         " For the five additional-levy application periods "
    is replaced by " For the eight additibnal-levy application periods ".
2 . In the first subparagraph of Article 9(4 ), " For the five additional-levy
                 application        peridds”                       is replaced by
    " For the eight additional-Levy application periods ".
3 . The Annex is replaced by the following :
                                                                                      O
                                                                             O
                     N
 ---pagebreak---                                                                  ’ANNEX                                                I
                      Quantities referred to in Article 6(2 ) (milk producers selling directly to the consumer)
                          Periods of application referred to in Article 5c(2 ) of Regulation ( EEC) No 804 /68
                                                                                                         (.' 000 tonnes ) -
/
    J
    i
     1
      )       2.4.1984 -       1.4.1985 -    1.4.1986 -      1.4.1987 -     1.4.1988 -     1.4.1989 -        1.4.1990 -        1.4.1991 -
              31.3.1985       31.3.1986      31.3.1987       31.3.1988      31.3.1989      31.3.1990         31.3.1991          31.3.1992
  Belgium        480             450           400              387,660        380,809        380,809           380,809           380,809
  Denmark           1              1             1                0,980           0,970          0,970             0,970             0,970
  Germany        305             130           130               94,400 ^        93,100         93,100            93,100            93,100
  Creece         116             116            46              45,080          44,620         44,620            44,620
        ft                                                                              e
                                                                                                                                   44,620
  Spain           -              750           750             685,000        677,500        677,500           677,500            677,500
  Prance       1 183          1 014            874              756,520        747,780        747,780           747,780           747,780
  Ireland         16              16            16              15,680          15,520         15,520            15,520            15,520
  Italy        1 116          1 116          1 116           1 093,680      1 082,520      1 082,520         1 082,520         1 082,520
  Luxembourg        1              1             1               0,980           0,970          0,970             0,970             0,970
  Netherlands    145              95            95              93,100         92,150          92,150            92,150            92,150
  United         398             395,426       395,426         387,517        383,563        383,563           383 ,9 563*.« '   383,563
  Kingdom
 ---pagebreak---                                   -^7-
                                    Article 2
This Régulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Régulation shall be binding in its entirety and directly applicable in
ail Member States .
Done at Brussels ,                                For the Council
        O
                    • ©
 ---pagebreak---                                          - 18-
                                        Proposai for                           nk
                        COUNCIL REGULATION ( EEC )
            amending Regulation ( EEC )  No 775 / 87 temporarily withdrawing a
          proportion of the reference    quantities mentioned in Article 5c(1 )
      of Regulation ( EEC ) No 804 / 68  on the common organization of the market
                                in milk  and milk products
THE COUNCIL OF THE EUROPEAN COMMUNITIES /
Having regard to the Treaty establishing the European Economic Community
Having regard to Council Regulation ( EEC ) No 804 / 68 of 27 June 1968 on the
                                                                   1
common organization of t'he market in milk and milk products / as last
                                                    2
amended by Regulation ( EEC ) No             /     , and in particular Article 5c(6 )
thereof /
Having regard to the proposal from the Commission,3
                                                 L
Whereas Council Regulation ( EEC ) No 775 / 87 provided for the temporary
withdrawal of a proportion of the reference quantities referred to in
Article 5c of Regulation ( EEC ) No 804 / 68 from the fourth period of application
of the additional-levy arrangements onwards ; whereas these arrangements were
renewed for three 12-month periods by Regulation ( EEC ) No           /87; whereas ,
accordingly , the amount of the compensation for the quantities withdrawn
during these three periods should be fixed ;
                                           0
Whereas the third subparagraph of Article 2(1 ) of Regulation ( EEC ) No 775 / 87
states that the temporary withdrawal of quantities of a further 1.5% during
the fifth 12-month period can be compensated by the payment of compensation
or by an appropriate reduction in the co-responsibility levy rate ; whereas
since this withdrawal of quantities can be compensated until the end of the
eighth period of the additional-levy arrangements by the direct payment of
compensation, the alternative provided for in the above-mentioned provision
 is no longer needed;
1 0J No L 148, 28.6.1968,    P- 13 .         30J No L ,              , P­
20J No L                  ,, P-              A0J No L 78, 20.3.1987, p. 5 .
 ---pagebreak--- Whereas , in view of the changes in the additional-levy arrangements , certain
provisions of Regulation ( EEC ) No 775 / 87 should be adapted ,
                                                                            v
HAS ADOPTED THIS REGULATION :
                                         Article 1
Régulation ( EEC ) No 775 / 87 is amended as follows :
1 . In the second subparagraph of Article 1(1 ), " for the fifth period " is
    replaced by " for each of the      next four    periods ".
2 . Article 2(1 ) is replaced by the following :
    " 1 . Compensation shall be paid to the producers concerned for the
          quantities withdrawn . Such compensation shall be :
          - for the fourth and fifth 12-month periods , 10 ECU per 100 kg ;
          - for the sixth 12-month period , 8 ECU per 100 kg ;
          - for the seventh 12-month period , 7 ECU per 100 kg ;
          - for the eighth 12-month period , 6 ECU per 100 kg .
          For each 12-month period , the compensation shaLl be paid to those
          entitled during the last quarter of the relevant 12-month period ."
3 . In the second subparagraph of Article 4 , " in the fourth and fifth 12-month
    periods " is deleted .
                                                                                 I
 ---pagebreak---                                              - io-
4 . In Article 5 , paragraph 2 is replaced by the following :
    " 2 . At the end of the fourth 12-month period and at the end of each <>f the
         “ following periods of application of the additional-levy arrangements/
           the Commission shall assess the results obtained from the application
           of Articles 3 and 4 and shall , if necessary , submit appropriate
           proposals to the Council ."
5 . Article 8 is deleted .
                                        Article 2
                                        '                »
                                                     third
This Régulation shall enter into force on the day^fôllowing that of its
publication in the Official Journal fo the European Communities .
This Régulation shall be binding in its entirety and directly applicable in
ail Member States .
                                                                     *
Done at Brussels ,                                       For the Council
                                                                                  I
                       N
 ---pagebreak---                                         - 2,1-
                                       Proposai for a
                          COÜNCIL REGULATION ( EEC )
     amending Regulation ( EEC ) No 777 / 87 as regards the period of application
          of the intervention measures for butter and skimmed-milk powder
                _£_
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community )
Having regard to Council Regulation ( EEC ) No 804 / 68 of 27 June 1968 on the
common organization of the market in milk and milk products ( 1 ), as last
amended by Regulation ! ( EEC ) No       /     ( 2 ), and in particular the first
subparagraph of Article 7a ( 1 ),
Having regard to the proposal from the Commission ( 3 ),
Whereas Council Regulation ( EEC ) No 777 / 87 of 16 March 1987 modifying the
intervention arrangements for butter and skimmed-milk powder ( 4 ) provides that
the measures covered by that Regulation are to apply to the end of the fifth
twelve-month period of application of the supplementary levy arrangements
provided for in Article 5c of Regulation ( EEC ) No 804 / 68 ; whereas , in view of
the extension of those arrangements for an additional period of three
twelve-month periods , the period of application of the measures provided for
in Regulation ( EEC ) No 777 / 87 should also be extended ,                    o
                                         0
HAS ADOPTED THIS REGULATION :
                                           Article 1
Régulation ( EEC ) No 777 / 87 is amended as follows :
(1)  OJ No  L 148 , 28.6.1968 , p. 13 .
(2)  OJ No  L     ,
(3)  OJ No  L     ,
(4 ) OJ No  L 78 , 20.3.1987 , p. 10 .
 ---pagebreak---                                       -Μ-
1.  Article 1(2 ) is replaced by the following :                        1
    «
    ”2 .  The buying in of skimmed-milk powder provided for in Article 7(1 ) of
          Régulation ( EEC ) No 804 /68 may be suspended as soon as the
          quantities offered for intervention in the period 1 March to
          31 August each year exceed 100 000 tonnes .
2.  In Article 2 the words "of the fifth period" are hereby replaced by the
    words "of the eighth period".
                                       Article 2
This Régulation shall enter into force on the third day following its
publication in the Official Journal of the European Conununities .
                                                      »
      o
This Régulation shall be binding in its entirety and directly applicable in
ail Member States .
                                                                t
                                                        »
Done at Brussels ,                                   For the Commission
                                                                             i
 ---pagebreak---                                           -u-
                         COUNCIL REGULATION ( EEC )
                                                                             1*
                 amending Regulation ( EEC ) No 2727 / 75 on the common
                        organization of the market in cereals
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                   '  c
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
            &                                                                     •*
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
Whereas , in view of the growing imbalance in the 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 2727 / 75 on the
                                                                                       . (
common organization of the market in cereals ( 4 ), as last amended by
Regulation ( EEC ) No 3989 / 87 ( 5 ); 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 definition to be given of that
production which requires financial support in order to ensure its disposal
and allow an assessment to be made of the resulting charges on the budget ,
bearing additionally in mind imports of cereal substitute products on othe
Community market ;                      0
Whereas those measures are not however liable to be sufficient to control
production the increase in which may lead to an uncontrollable rise in
expenditure ; whereas better control of production could be achieved by fixing
a maximum guaranteed quantity above which certain measures to stabilize the
market in cereals and thereby to curb expenditure in the sector in question
(1 )                                             ( 4 ) OJ No L 281 , 1.11.1975 , p. 1 .
(2)                                              ( 5 ) OJ No L 377 , 31.12.1987 , p. 1 .
(3)
 ---pagebreak---                                           - ÜH-
are taken ; whereas , to that end , an additional co-responsibility levy to be
collected provisionally at the beginning the marketing year , reimbursement of
which in full or in part will be decided , as the case may be , after it is
established that the 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 , moreover , where the maximum guaranteed
quantity is exceeded in a marketing year , account should be taken of that for
the fixation of prices for the following marketing year ;
Whereas the maximum guaranteed quantity must be established so that it
reflects the Community 's total cereal requirements ;
Whereas , in view of the difficulties arising in the application of the
co-responsibility levy arrangements provided for in Article 4 of Regulation
( EEC ) No 2727 / 75 , provision should be made for that levy and the additional
levy to be collected throughout the Community at the time of placing on the
market or of sale to intervention by producers ;
Whereas/ when the co-responsibility levy was introduced , a 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
co-responsibility levy on      their incomes ; whereas that system must be adjusted
on the one hand to ensure      that the levy paid corresponds fully to the aid
received by each producer      exempted and on the other hand to cover the effects
of any application of the      additional co-responsibility levy ;
Whereas under the set-aside scheme provided for by Council Regulation (EEC ) No
797/85 on improving the efficiency of agricultural structures (6 ), as last
amended by Regulation ( EEC ) No        /88 ( 7 ), there is provision for exemption
from the co-responsibility levy for those producers undertaking to set aside
at least 30X of their arable land under that programme ; whereas that
exemption is limited to 20 tonnes of marketed cereals ; whereas , for the sake
of controls , it should be provided that that exemption should also be
implemented in the form of a reimbursement ;                                       »
 ( 6 ) 0J No L 93 , 30.3.1985 , p. 1
 ( 7 ) 0J No L    ,           . P*
 ---pagebreak---                                          - ζε-
Whereas , moreover , in view of the earliness of harvests in the southern
regions of the Community , difficulties may arise in the application of the
measures contemplated ; whereas that situation may be remedied by providing
that the measures in question are to apply in those Member States in 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 :
                                         Article 1
Régulation ( EEC ) No 2727 / 75 is hereby amended as follows :
1.  Article 4 of Régulation ( EEC ) No 2727 / 75 is replaced by the following :
                                                          >
    "^rticle 4
    1 . A co-responsibility levy shall be payable by producers in respect of
        the cereals referred to in Article 1 ( a ) and (b ) produced in the
        Community and placed on the market or sold to an intervention agency
        pursuant to Articles 7 and 8 . These arrangements shall apply for the
        1988 / 89 to 1991 / 92 marketing years .
        However , without prejudice to the exemption provided for in Article la
        ( 6 ) of Regulation ( EEC ) No 797 /85 , small producers shall qualify for an
        exemption from the co-responsibility levy in accordance with the
        arrangements provided for in Article 4a .
        The exemption provided for in Article lé? ( 6 ) of Régulation ( EEC ) No
        797 / 85 shall take the form of a reimbursement .
    2 . The éimount , per unit , of the levy shall be fixed annually before' the
        beginning of the marketing year , in accordance with the procedure laid
        down in Article 43 ( 2 ) of the Treaty .
    3 . When the amount of the co-responsibility levy is determined , account
        shall be taken of imports into the Community of the products listed in
        Annex D.
 ---pagebreak--- A. The levy provided for in this Article shall be regarded as forming part
    of the intervention measures . designed to stabilize agricultural markets
    and shall be allocated to the financing of expenditure in the cereals
    sector .
5 . Detailed rules for the application of this Article , and in particular
    the definition of placing on the market , and the necessary transitional
    measures shall be adopted in accordance with the procedure laid down in
    Article 26 .                                                   „    '
        G                                                                 . 4
6 . The Commission shall consult with trade interests on the use of the
    amount produced by the levy .
7 . For the purposes of applying this Article , for cereals other than maize
    and grain sorghum produced in Italy , Greece , Spain and Portugal ,
    "marketing year" shall mean the period from 1 June to 31 May".
Article Aa is replaced by the following :
                                                                               c
"Article Aa
1 . Direct aid shall be instituted for small producers .   For the Community ,
    the total amount of the aid shall be fixed each year before the
    beginning of the marketing year in accordance with the procedure laid ,
    down in Article A3 ( 2 ) of the Treaty .
                                                                    • O
                                  O
    That amount shall be equal to the total estimated amount produced by
    the co-responsibility levy provided for in Articles A and Ab on
    producers marketing not more than 25 tonnes .
2 . The Council , acting by a qualified majority on a proposal from the
    Commission , shall lay down general rules for such aid , including those
    to ensure that the reimbursement made corresponds fully to the levy
    collected .
3 . Detailed rules for thè application of thè aid , and in particular its
    allocation , shall be adopted in accordance with thè procedure laid down
    in Artide 26 on thè basis of objective criteria ."
 ---pagebreak---                                            'tï-
3. The following Article Ab is added :
   "Article Ab
   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 quantity for ail the cereals referred to in Article
       1 ( a ) and ( b ).   For the fixation of that quantity , account shall be
       taken of the overall consumption of cereals in the Community and of
       imports of the products listed in Annex D. However , for the 1988 /89 ,
       1989 / 90 , 1990 / 91 and 1991 / 92 marketing years , the maximum guaranteed
       quantity shall be fixed at 160 million tonnes .
   2 . For each marketing year and for the period referred to in Article A
       ( 1 ), an additional co-responsibility levy shall be payable by
       producers . That additional levy shall be equal to 3X of the
       intervention price applying to common wheat of breadmaking quality at
       the beginning of the marketing year in question . The provisions of
       Article A ( 1 ), ( A ), ( 6 ) and ( 7 ) shall apply to the additional levy .
       Where cereals production in a marketing year is equal to or less than
       the maximum guaranteed quantity fixed for that marketing year , the
       additional levy shall be reimbursed in full to producers . Where the
       amount by which the maximum guaranteed quantity is exceeded is less
       than 3% , the additional levy shall be reimbursed in part . That
       reimbursement shall correspond to the difference between the additional
       levy paid and that resulting from the recorded amount by which the
       maximum guaranteed quantity is exceeded .
       The amount of the direct aid to be granted to small producers for each
       tonne of cereals marketed to offset the additional co-responsibility
       levy shall be reduced by the amount of the levy reimbursed in
       accordance with the provisions of this paragraph .
                                                                                    I
   3 . If the cereals production in a marketing year exceeds the maximum
       guaranteed quantity fixed for that marketing year , the intervention
       price for the following marketing year shall be reduced by 3% .
 ---pagebreak---                                        - ze-
        That reduction shall also affect the determination of the target prices
        referred to in Article 3 ( 1 ).
        The Commission shall adjust the intervention and target prices
        resulting from the application of the preceding subparagraph each year
        before the beginning of the marketing year .
    4 . For the purposes of applying this Article , the Commission shall
        establish each year before 1 March whether the cereals production from
        the current marketing year has exceeded the maximum guaranteed quantity
        fixed for that marketing year or not .
    5 . Detailed rules for the application of this Article and in particular
        the amount of the additional levy shall be adopted in accordance with
        the procedure laid down in Article 26 ."
                                                     >
                                       Article 2
      o
This Régulation shall enter into force on the day of its publication in the
                                                               *
Official Journal of the European Communities .
It shall apply from the 1988 /89 marketing year .
This Régulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                       For the Council
                                                                             i
 ---pagebreak---                                   Draft proposal for a
                           COUNCIL REGULATION ( EEC ) No     / 88
                                                                          *i‘
                                      of
       amending Regulation ( EEC ) No 1035 / 72 on the common organization of the
                             market in fruit and vegetables
THE COUNCIL 0F THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
                                                                               <
in particular Article 43 thereof ,
Having regard to the Act of Accession of Spain and Portugal , and in particular
Articles 89(2 ) and 234(3 ) thereof ,
                         |
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas Regulation ( EEC ) No 1035 / 72 on the common organization of the market
in fruit and vegetables ( 1 ), as last amended by Regulation ( EEC )
No 223 /88 ( 2 ), provides for a prices and intervention system for a certain
number of products in the sector ;
                                                                             O
Whereas producers should be made mojre aware of the real needs of the market in
fruit and vegetables ; whereas this should be achieved , where appropriate , by
defining a quantity which may be bought in , in excess of which the financial
liability should be borne by the producers ;
Whereas the consequence of the liability of the producers must be a reduction
in the basic and buying-in prices applying in the following marketing year ;
                                                                                  i
( 1 ) 0J No L 118 , 18.5.1972 ,   P-  1.
( 2 ) OJ No L 23 , 28.1.1988 ,    P-  1.
 ---pagebreak---                                           - Зо-
Whereas an intervention threshold mechanism of this sort has already been
                                                                            v
introduced into the common organisation of the market for tomatoes , by
Regulation ( EEC ) No 1926 / 87 ( 3 ), and for satsumas , clementines , mandarins and
nectarines , by Regulation ( EEC ) No 223 /88 ( 2 ); whereas 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 in Annex II to Regulation ( EEC ) No 1035 / 72 ;
Whereas insofar as in Spain , during the "verification of convergence " phase ,
such products are bought in and give rise to Community financing in accordance
with Article 133(3 ) of the Act of Accession , provision should be made for the
fixing of a quantity of those products in excess of which financial liability
will be borne by the producers ;
Whereas , in view of the specific provisions of the Act of Accession and in
particular Article 265 thereof , no provision need be made during the first
stage oof transition for the application of similar measures in Portugal ,
BAS ADOPTED THIS REGULATION :
                                          Article 1
The following Article 16b is added to Régulation ( EEC ) No 1035 / 72 :
"Article 16b
1 . Where the market in a product listed in Annex II is affected by or is
       likely to be affected by imbalances giving rise or liable to give rise to
       the buying in of significant quantities pursuant to Articles 15 , 15a , 15b ,
       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 by a quantity assessed according to the product on the
       basis of the quantity bought in during one marketing year or the average
       quantity bought in over several marketing years , financial liability sh^ll
       be borne by the producers .
 ( 3 ) OJ No L 183 ,  3.7.1987 , p. 24 .
 ---pagebreak---                                       '31-
       Any exceeding of the intervention threshold shall result in a reduction
        in the basic and buying-in prices applying during the following
       marketing year ; such reductions may not however exceed 20% .
       Reductions resulting from the application of the preceding subparagraphs
       shall not be taken into account in subsequent marketing years for the
       fixation of the basic and buying-in prices in accordance with the
       criteria laid down in Article 16(2 ) and ( 3 ).
2.     If , during the verification of convergence phase 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
       December 1985 and if quantities of that product are bought in in Spain
       in accordance with the provisions applying , the Council , in accordance
       with the procedure laid down in paragraph 3 , shall fix for Spain an
       intervention threshold in excess of which financial liability shall be
       borne by the producers under the conditions which it shall lay down .
       Any reduction in prices in the Community as constituted at
       31 December 1985 decided pursuant to 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 .
3.     The Council , acting by a qualified majority on a proposai from the
       Commission , shall lay down :
       -   the rules for applying this Article ,
       -   the criteria for fixing the intervention thresholds ,
       -   the financial consequences of intervention in excess of the
           thresholds for each of the products concerned .
4 (a ) The Commission shall , where appropriate , establish before 1 March
       whether the thresholds provided for in paragraph 1 have been exceeded ^
 ---pagebreak---    (b ) The Commission shall adopt , as the need arises , measures for the
        application of this Article in accordance with the procedure laid down
        in Article 33 . These may include measures to ensure the transition from
        the arrangements applicable during the verification of convergence phase
        or the first stage to the second phase or stage .
5.      The provisions of this Article shall not apply to tomatoes , satsumas ,
        clémentines , mandarins and nectarines during the period of application
        of Articles 16(3a ) and 16a .
                                       Article 2
This Régulation shall enter into force on third day following its publication
in the Official Journal of the European Communities .
This Régulation shall be binding in its entirety and directly applicable in
ail Nember States .
Done at Brussels ,                                  For the Council
 ---pagebreak---                                        - 55-
                                     Proposai for a
                         COUNCIL REGULATION ( EEC ) No       / 88
                                             of                           &
    amending Regulation ( EEC ) No 727 / 70 on the common organization of the market
                                     in raw tobacco
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
Whereas , in order to curb any increase in the Community 's tobacco production
and at the same time to discourage the growing of varieties which are
difficult to dispose of , provision should be made for a proportional reduction0
in the prices and premiums if production exceeds a maximum guaranteed quantity
fixed for each harvest ; whereas certain costs are added to the intervention
price to obtain the derived intervention price ; whereas the application of the
reduction coefficient to the derived intervention price must not affect such
costs ;
                                                                           O
Whereas the maximum quantity must b£ established in the light of production
statistics and the market situation ; whereas in order to continue to implement
a policy aimed at encouraging the most sought-after varieties and to take
account of specific regional features of tobacco production , a maximum
guaranteed quantity should be fixed for each variety or group of varieties ;
whereas provision should be 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 ,
                                                                                  i
( 1 ) OJ No
( 2 ) OJ No
( 3 ) OJ No
 ---pagebreak---                                                                                  i
                                          -3 e/-
HAS ADOPTED THIS REGULATION :
                                         Article 1
Régulation ( EEC ) No 727 / 70 is hereby amended as follows :
The following paragraph 5 is added to Article A :
"5 . Each year and in accordance with the procedure provided for in
     Article A3 ( 2 ) of the Treaty , the Council shall fix a maximum guaranteed
     quantity in particular in the light of market requirements for each
     variety or group of varieties of Community-produced tobacco for which
     prices and premiums are fixed . The overall maximum quantity for the
     Community shall be fixed at 385 000 tonnes of leaf tobacco for each of the
     1988 , 1989 and 1990 harvests .
                                                           »
     Without prejudice to the provisions of Articles 12a and 13 , for each 1% by
     w^ich the maximum guaranteed quantity is exceeded per variety or group of
     varieties , the norm and intervention prices and the premiums concerned
     shall be reduced by 1% .    The reduction shall not exceed 5% for the 1988
     harvest and 15% for the 1989 and 1990 harvests .
     Fpr the purposes of applying this paragraph , the Commission shall
     establish before 31 July whether production exceeds the maximum guaranteed
     quant ity for a variety or group of varieties .
     Detailed rules for the application of this paragraph shall be adopted in
     accordance with the procedure laid down in Article 17 ."
             *                           Article 2
                                                    O' •
This Régulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                       For the Council
 ---pagebreak---                                      - 3S~
                           Preliminary draft proposal for a
                         COUNCIL REGULATION ( EEC ) No     /88
                                    of
  amending Regulation ( EEC ) No 1837 / 80 on the common organization of the market
                               in sheepmeat and goatmeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Articles 42 and 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas the common organization of the market in sheepmeat and goatmeat
provides for certain measures in the form of premiums and intervention prices
the purpose of which is to ensure that producers receive a fair income ;
whereas , however , in view of the existing potential for disposal on the
Community market and of the latter 's undertakings in GATT , production of
sheepmeat and goatmeat should not be encouraged once numbers exceed a level
determined in the light of the market situation ; whereas , to that end ,
provision should be made for a reduction in the guarantee provided for by the
measures in question ; whereas , however , regional differences in the support
arrangements provided for by the rules in force may lead to encouragement of
production in different ways according to those régional différences ; whereas
this measure should therefore be applied separately in region 5 should the
United Kingdom decide to apply the variable premium arrangement there ,
Whereas the Council will have to review the stabilization mechanism , including
the maximum guaranteed level , in connection with the adjustment of the market
organization both internally and externally ,
                                                                                I
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                       Artide 1
                                                                      nk
The following Article 9a is added to Régulation ( EEC ) No 1837/80 :
"Artide 9a
                                                 C
1.  Fending an adjustment to the common organization of the market both
    internally and externally , a maximum guaranteed level for ewe numbers is
    hereby fixed at 62 million head .
           w                                                               •*
2.  For each marketing year :
    - if the estimate of ewe numbers for the marketing year in question
       exceeds the maximum guaranteed level for that year , the premium
       provided for in Article 5 shall be reduced for both ewes and she-goats
       by the impact on the basic price of a coefficient representing a
       reduction of IX for each IX by which the maximum guaranteed level is
       exceeded ;
    - where the mechanism provided for in the preceding indent , applied to
       the actual ewe numbers recorded for the preceding marketing year , leads
       to a premium different from that fixed , the estimate of numbers for the
       marketing year following that in which numbers were recorded, shall be
       adjusted to take account of that situation .
                                                                        O
3.  Should paragraph 2 be applied , the intervention price provided for in
    Article 7(2 ) and the "guide level " referred to in Article 9 used for
    calculating the variable premium shall be reduced by the same amount as
    that by'which the basic price is reduced pursuant to the first
    subparagraph of paragraph 2 .
 ---pagebreak---                                         37
4.  Should the United Kingdom apply Article 9 , the provisions of the preceding
    paragraphs shall apply separately to region 5 on the one hand and* to all
    the other regions on the other . To that end the figure fixed in
    paragraph 1 shall be broken down as follows :
    region 5 :           18 million
    other regions :      44 million
5.  Detailed rules for the application of this Article , and in particular the
    arrangements applicable to the 1988 marketing year , to which this Article
    shall apply from 4 April 1988 , and the coefficient and the amounts
    referred to in paragraphs 2 and 3 shall be adopted in accordance with the
    procedure laid down in Article 26 ."
                                     Article 2
This Régulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Régulation shall be binding in its entirety and directly applicable in
ail Member States .
Done at Brussels ,                                 For the Council
                                                   The President
                                                                              I
                                            e