CELEX: 31987R1926
Language: en
Date: 1987-07-02 00:00:00
Title: Council Regulation (EEC) No 1926/87 of 2 July 1987 amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables

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31987R1926

Council Regulation (EEC) No 1926/87 of 2 July 1987 amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables  

Official Journal L 183 , 03/07/1987 P. 0024 - 0025 Finnish special edition: Chapter 3 Volume 23 P. 0229  Swedish special edition: Chapter 3 Volume 23 P. 0229 

COUNCIL REGULATION (EEC)  No 1926/87 of 2 July 1987 amending Regulation (EEC) No 1035/72 on the common organization of the  market in fruit and vegetablesTHE 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 Act of Accession of Spain and Portugal, and in particular Article 89  (2) 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 a very large proportion of the production of fresh tomatoes is used by the processing  industry; whereas this proportion is considerably greater than for any other product of the fruit  and vegetables sector covered by the intervention system; Whereas since there are appreciable  variations both in the quantities produced from one harvest to another and in the quantities used  by the processing industry, considerable quantities delivered to factories may be rereleased onto  the market in fresh fruit and vegetables in August and September; whereas the products released  onto the market under these circumstances do not meet the quality standards for packaging and  presentation which are required if the product is to be delivered fresh to the consumer and which  must be complied with if the withdrawal measures provided for in Article 15 of Council Regulation  (EEC) No 1035/72  (4), as last amended by Regulation (EEC) No 1351/86  (5), are to be applied;  Whereas it should therefore be provided that, in certain cases, products delivered in packages of  more than 15 kilograms transported in bulk may be withdrawn from the market; whereas such  withdrawal should, nevertheless, be subject to price conditions which take account of the  conditions for intervention purchasing;Whereas, in order to improve the management of the market in  tomatoes, and in particular to improve the pattern of production, growers should be made more aware  of the real requirements of the market and of the processing industry in particular; whereas proper  control by growers of their production implies that the quantities of tomatoes withdrawn from the  market and bought in must be restricted to only those quantities which may result from seasonal  variations in production levels; whereas this may be encouraged by fixing, for the Community as a  whole, a maximum quantity of tomatoes which may be the subject of intervention measures and which,  if exceeded, will entail a reduction in prices for the following marketing year; whereas the  abovementioned quantity may be estimated at 10  % of the average quantity of fresh product placed  on the market during the last five years, excluding the quantities delivered to the processing  industry; Whereas, during the first stage of accession, known as the verification of convergence  stage, the Spanish market in the products concerned is not integrated into the market of the  Community of Ten and Spain fixes institutional prices in accordance with a price discipline defined  in Article 135 of the Act of Accession, whereby price increases may not exceed in value the  increase in common prices; whereas, by reason of this special situation of the market in Spain, the  reduction of common prices under the abovementioned measures must not affect the level at which  prices are fixed in Spain; Whereas, in so far as intervention operations are carried out for  tomatoes in Spain and involve Community financing in accordance with Article 133 (3) of the Act, a  quantity of tomatoes should be fixed which, if exceeded, will result in a reduction in prices in  Spain for the following marketing year; Whereas, in view of the special provisions of the Act and  in particular Article 265 thereof, no similar measures need be applied in respect of Portugal  during the first stage of transition; Whereas, in the interests of proper market management, it is  essential that the market situation, and in particular the conditions under which intervention  operations are carried out, should be notified swiftly; whereas, for this purpose, absolute  deadlines should be fixed for the most important communications which producer organizations are  required to make in connection with the withdrawal system and failure to comply with these  deadlines should be penalized by partial or total loss, as appropriate, of the right to financial  compensation,     HAS ADOPTED THIS REGULATION:Article 1Regulation (EEC) No  1035/72 is hereby amended as follows: 1.  The following paragraph is added to Article 15:'3.  For  tomatoes, the withdrawal operations referred to in paragraph 1 may, during August and September, be  carried out in respect of products which do not satisfy the requirements of the quality standards  as regards packaging and presentation; withdrawals may relate to products presented in packages of  more than 15 kilograms or transported in bulk. In such cases, the prices at which the products are  withdrawn shall be calculated by applying conversion factors fixed according to the procedure laid  down in Article 33.' 2.The following paragraphs are inserted in Article 16:'3a.  Where, in the case  of tomatoes, the quantities which have been the subject of intervention measures pursuant to  Articles 15 and 19a in the course of a given marketing year exceed 390  000 tonnes for the  Community as constituted on 31 December 1985, the basic and buying-in prices fixed for the  following marketing year in respect of this product in accordance with the criteria laid down in  paragraphs 2 and 3 shall be reduced by 1  % for every 10  000 tonnes in excess of that quantity.  The application of this provision may not, however, result in a reduction of more than 20  % in  those prices. The reduction resulting from application of the first subparagraph shall not be taken  into account when the basic buying-in prices are fixed for subsequent marketing years in accordance  with the criteria laid down in paragraphs 2 and 3.  3b.  Where, in the case of Spain, intervention  operations are carried out during the verification of convergence stage in accordance with the  provisions applicable, the Council, acting by a qualified majority on a proposal from the  Commission, shall fix a maximum quantity of products which may be subject to intervention measures  and which, if exceeded, will entail a reduction in Spanish institutional prices for the following  marketing year.  3c.  The reduction in the prices to be applied in the Community as constituted on  31 December 1985 provided for in the first subparagraph of paragraph 3a shall not be taken into  consideration for the purposes of applying, in Spain and Portugal, the price discipline provided  for in Article 135 (1) and 265 (1) of the Act of Accession.' 3.The following paragraphs are added  to Article 18:'4.  The financial compensation shall be paid in its entirety to producers'  organization which have, in respect of a given product, submitted an application to the competent  authority of the Member State no later than the 30th day following the end of the period during  which the basic and buying-in prices for that product are applicable. Where an application is  submitted later but not more than 30 days after the abovementioned date, 20  % of the compensation  shall be witheld. In the case of still later applications but where the delay does not exceed 60  days, 50  % of the compensation shall be witheld. No financial compensation shall be granted where  the delay exceeds 60 days.  5.  In accordance with the procedure laid down in Article 33, the  Commission shall, as necessary, adopt detailed rules for the application of this Article.' Article  2This Regulation shall enter into force on the day of its publication in the Official Journal of  the European Communities. It shall apply with effect from 1 July 1987. This  Regulation shall be binding in its entirety and directly applicable in all Member States. Done at  Brussels, 2 July 1987. For the Council The President K. E. TYGESEN                                                  (1)  OJ No C 89, 3. 4. 1987, p. 55. (2)  OJ No C 156, 15. 6. 1987. (3)  OJ No C 150, 9. 6. 1987, p. 8. (4)  OJ No L 118, 20. 5. 1972, p. 1. (5)  OJ No L 119, 8. 5. 1986, p. 46.