CELEX: 51989PC0660(63)
Language: en
Date: 1990-01-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 727/70 ON THE COMMON ORGANIZATION OF THE MARKET IN RAW TOBACCO

NoC^roo                                   Official ]ournai of the European Communities                                                  ^    ^ o
                                                            proposal fora
                                            CC^^NCtLREG^EA^C^N(EEC)No...
                                                                of...
                     amending Regulation (EEC) No 727g^0 on the common organization of the market in raw
                                                               tobacco
                                                            (^C^DB3)
 Tt^^ concern o^r^^^n^o^^^eo^^uNtTt^,                                  Community origin; whereasoneof theconditions is the
                                                                       existence of a contract between the grower and the
 having regard to the Treaty establishing the European                 purchaser; whereas,withaview to improving the quality of
 Economic Community, and in particular A r t i c l e d                 Community tobacco, balancing supply and demand in the
 thereof,                                                              sector and supporting programmes for conversion to
                                                                       varieties sought after on the market, the existence of a
 having regard to the proposal from the Commission,                    European cultivation contract concluded between the
                                                                      purchaser and the seller ofleaftobaccoof Community origin
 having regard to the opinion of the European parliament,              is the most suitable means of achieving the abovementioned
                                                                       aims; whereas the existence of the said cultivation contract
                                                                       should accordingly be laid down as one of the conditions for
 staving regard to the opinion of the Economic and social             the granting of the premium;
 Committee,
                                                                      whereas Articled (^) of R e g u l a t i o n ( E E C ) N o 7 2 7 g ^ 0
 whereas Articled of Council Regulation (EEC)                         providesfor a systemof ma^imumguaranteed quantities
 N o 7 2 7 / 7 0 ( ^ as last amended hy Regulation (EEC)              (^iGC^); whereas that system entails in particular the filing,
 No 1 ^ 1 / ^ ^ (^),provides for the granting ofapremium to           within overall production of ^ ^ 0 0 0 tonnes ofleaf tobacco
 purchasersofleaftohaccoharvestedintheCommunitywhile                  for the C o m m u n i t y , o f a ^ G C ^ f o r a v a r i e t y or group of
Articles^and^of that Regulation provide for intervention              varieties in Community production,any overrun inwhich
 arrangements for Community tobacco; whereas at present               results in a proportional reduction in the prices and
premiums and intervention may be applied for without any              premiums; whereas ^i(GC^s by variety or group of varieties
 specification regarding time limits;                                 are fi^ed for the harvest of the following year; whereas the
                                                                      overall ^vtGC^ and the maximum reductions wbere the ^viGC^
whereas,withaview to improving controls in the tobacco                byvariety or group ofvarieties is exceeded were fi^edfortbe
sector and the operation of the system of maximum                      t ^ ^ , l ^ ^ and 1 ^ 0 harvests; whereas the said overall
guaranteed quantities introduced by Council Regulation                ^tGC^ and the said maximum reductions should accordingly
(EEC) N o M h P ^ ^ P E amending Regulation (EEC)                     be fi^ed for tbe three forthcoming harvests,
No 7^7/70, and for the sake of sound management, the
period during which the premium may be granted and the
period during which deliveries may be made to intervention
shouldbe limitedonthe one band taking accountof the
cultivation and marketingmethods in the tobacco sector and
atime limit slightly after the harvest should be laid down on
the other hand for the placing under supervision of all
tobacco qualifying for the premium or intervention;
                                                                      Regulation (EEC) No 7^7/70                     is bereby amended as
whereas, followingthelimitationoftheperiodduringwhich
                                                                      follows^
the premium may be granted,withaviewto legal clarity and
uniform application in all the member states, the conditions
                                                                      t^ A r t i c l e ^ ( l ) a n d ( ^ ) are replaced by the following^
under whichthe premium isgrantedshouldbe specified;
whereas it should in particular be stated that, in accordance               ^1.     Apremium shall be granted to natural or legal
with practices existing in several member states, the                       persons who purchase leaf tobacco direct from
premium may only be granted if p^oof is provided tbat the                   Community producers.
tobacco is actually incorporated in manufactured products
or products exported to third countries;                                    The premium shall be granted only to purchasers^
                                                                              (i) who have concluded European cultivation
whereas Articled of Regulation (EEC) No727gB0                                     contracts with producers before the date to be
provides,as mentioned above,forthe granting ofapremium                            determined in accordance with paragraphs;
undercertainconditionstopurchasers of leaf tobacco of
                                                                             (ii) whosubject the product thuspurchasedtofirst
                                                                                  processing and market preparation;
(^o^DLt^,M              ^m^,D.^                                             (iii) wbo place the tobacco under supervision before 1^
                                                                                  ^tay following tbe year of harvest;
 ---pagebreak--- 28. 2. 90                                  Official Journal of the European Communities                               No C 49/101
    (iv) who provide proof before the expiry of a period of                in the Community and offered to them, provided that it is
           four years following the year of harvest that the               not purchased under the provisions of Article 3.
           tobacco has been incorporated into manufactured
           products or products exported to third countries.                la.    Leaf tobacco may only be bought in if it has been
                                                                           placed under supervision before 15 May following the
    2.      By way of derogation from points (i) and (ii) of               year of harvest.'
    paragraph 1 and subject to presentation of cultivation
    declarations before the date to be determined in                  4. Article 6 (5) is replaced by the following:
    accordance with paragraph 3, premiums shall be granted
    to individual producers or producers who are members                   '5.    Subject to the provisions of paragraph 4 and
    of an association, who subject their own leaf tobacco to               Article 6a, the intervention agencies designated by the
    first processing and market preparation.'                              Member States shall be obliged to buy in baled tobacco
                                                                           offered to them of the varieties for which a derived
2. Article 4 (5) is amended as follows:                                    intervention price is fixed.'
    (a) The last sentence of the first subparagraph is
                                                                      5. The following Article 6a is inserted:
          replaced by:
          'The overall maximum guaranteed quantity for the                 'Article 6a
          Community is hereby set at 385 000 tonnes of leaf
          tobacco for each of the 1988 to 1993 harvests.'                  Leaf tobacco and baled tobacco may only be bought in if
                                                                           the tobacco is offered for intervention within two years
    (b) The fourth subparagraph is replaced by the                         of the year of harvest of the tobacco concerned.'
          following:
          'The reductions referred to in the third
          subparagraph shall not exceed 5 % for the 1988                                         Article 2
          harvest and 1 5 % for the 1989 to 1993 harvests.'
                                                                      This Regulation shall enter into force on the third day
3. Article 5 (1) is replaced by the following:
                                                                      following its publication in the Official Journal of the
    '1.     Subject to the provisions of Article 6a, the              European Communities.
    intervention agencies designated by the Member States
    shall be obliged, in accordance with the conditions               Article 1 (1), (3), (4) and (5) shall apply from the 1991
    specified in this Article, to buy in leaf tobacco harvested       harvest.
                  This Regulation shall be binding in its                and directly applicable in all Member
                  States.
                  Done at Brussels, . . .
                                                                                          For the Council