CELEX: 51989PC0660(58)
Language: en
Date: 1990-01-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES FOR THE SYSTEM OF PRODUCTION AID FOR PROCESSED FRUIT AND VEGETABLES

No C 49/92                                Official Journal of the European Communities                                     28. 2. 90
                                                            Proposal for a
                                            COUNCIL REGULATION (EEC) No . . .
                                                                of...
                     laying down general rules for the system of production aid for processed fruit and
                                                              vegetables
                                                            (90/C 49/58)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              actual exports of finished products from the producer
                                                                       countries concerned to the world market;
 Having regard to the Treaty establishing the European
 Economic Community,                                                   Whereas, for products for which Community production
                                                                       accounts for a substantial proportion of the market, the trend
                                                                       in prices and quantities traded between the Community and
 Having regard to Council Regulation (EEC) No 426/86 of                third countries during the calendar year preceding the fixing
 24 February 1986 on the common organization of the market             of the aids may provide additional information on the
 in products processed from fruit and vegetables (*), as last          components for calculating the aid; whereas provision
 amended by Regulation (EEC) No . . . ( 2 ), and in particular         should accordingly be made for the possibility of reducing the
 Articles 5 and 8 thereof,                                             aid where necessary;
 Having regard to a proposal from the Commission,                      Whereas the aid is calculated in respect of the raw material;
                                                                       whereas, however, the aid must be granted for the net weight
                                                                       of finished product;-whereas the ratio between those two
 Whereas Article 3 (2) of Regulation (EEC) No 426/86                   components may be established on the basis of the average
 provides that in the case of dried grapes the producers are to       yields recorded in the Community;
 undertake to withhold from delivery to the processing
 industry a given percentage of the quantities covered by
                                                                      Whereas the trend in the various currencies of the Member
 contracts; whereas that percentage must ensure that the
                                                                       States may result in distortion in competition between the
 quality of products delivered by producers is adequate;
                                                                      producers of certain Member States of the Community owing
 whereas, in the case of dried grapes, the aid is to be paid on
                                                                      to the lack of specific mechanisms for monetary
 condition that a percentage to be determined of the quantities
                                                                      compensation in this sector; whereas the possibility should
 is not processed by processors; whereas those percentages
                                                                      be made available in accordance with a suitable
 must ensure that the quality of the product intended for
                                                                      decision-making procedure, of implementing a system of
 consumption is adequate;
                                                                      monetary adjustment if this proves necessary to ensure
                                                                      normal conditions of competition;
Whereas certain products eligible for production aid are in
 direct competition with each other; whereas production aid           Whereas the storage agencies approved by the Member States
 must not affect that competitive situation; whereas the aid          are to purchase quantities of dried grapes and dried figs at the
 must be calculated for the main products concerned and               end of the marketing year; whereas those must be disposed of
whereas the aid for the other products must be derived from           so as to avoid disturbing normal trade on the market;
the aid thus calculated;                                              whereas, to that end, provision should be made for the
                                                                      conditions of sale to be determined at Community level;
Whereas Article 4 (2) of Regulation (EEC) No 426/86
                                                                      Whereas the measures provided for in this Regulation replace
provides that the minimum price to be paid to the producer
                                                                      those in Council Regulation (EEC) No 1277/84 ( 3 ), as
for dried grapes and dried figs is to be increased during the
                                                                      amended by Regulation (EEC) No 2367/89 (4); whereas
marketing year; whereas the price of the raw material to be
                                                                      that Regulation must accordingly be repealed,
taken into account for the purposes of calculating the aid
should accordingly be specified;
Whereas Article 5 (1) of the abovementioned Regulation                HAS ADOPTED THIS REGULATION:
provides that the price to be compared may be determined in
the main producing and exporting third countries on the
world market; whereas that price must be that paid to the                                         Article 1
producer at the farm-gate stage for raw material of a quality
comparable with that of fresh Community products for                  1.     For sultanas and currants the percentage referred to in
processing; whereas, however, when that price is                      Article 3 (2) of Regulation (EEC) No 426/86 shall be
determined, those data should be weighted according to the            6%.
(') O J N o L 4 9 , 27. 2. 1986, p. 1.                                (3) OJ No L 123, 9. 5. 1984, p. 25.
(2) See page . . of this Official Journal.                            (4) OJNoL225, 3. 8. 1989, p. 1.
 ---pagebreak--- 28. 2. 90                                 Official Journal of the European Communities                                No C 49/93
2.     The percentages referred to in the third subparagraph         2.     The production aid may not exceed the difference
of Article 6a (2) of that Regulation shall be as follows:            between the minimum price paid to the producer in the
                                                                     Community and the price of the raw material in the main
(a) for currants: 1 5 %                                              producing and exporting third countries.
(b) for other dried grapes: 8%.
                                                                     3.     The price of the raw material in the main competing
                                                                     third countries shall be determined mainly on the basis of the
                           Article 2                                 prices:
1.     As regards products derived from tomatoes, the                — actually applying at the farm-gate stage for fresh products
production aid shall be calculated for:                                  of a comparable quality used for processing,
(a) tomato concentrate falling within CN code 2002 90;               — weighted on the basis of the quantities of finished
(b) whole peeled tomatoes obtained from the San Marzano                  products exported by those third countries to the world
      variety and falling within CN code 2002 10;                        market.
(c) whole peeled tomatoes obtained from the Roma or
     similar varieties and falling within CN code 2002 10;           4.     For products for which Community production
                                                                     accounts for at least 50 % of the quantities for consumption
(d) tomato juice falling within CN code 2009 50.                     on the Community market, the aid may be reduced by the
                                                                     trend in prices and in the quantities of imports and exports,
2.     Production aid for:                                           which shall be determined by comparing the data for the
                                                                     calendar year preceding the beginning of the marketing year
— tomato flakes falling within CN code 0712 90 30, and               with the data for the previous calendar year.
— tomato juice, including passata, falling within CN code
    2002 90,                                                         5.     The minimum price for the raw material to be used for
shall, without prejudice to the measures adopted pursuant to         dried grapes and dried figs shall be the minimum price to be
Article 2 (3) of Regulation (EEC) No 426/86, be derived              paid to the producer at the beginning of the marketing year,
from aid calculated for tomato concentrate, account being            plus the average of the monthly increases provided for in
taken in particular of the dry extract content of the                Article 4 (2) of Regulation (EEC) No 426/86.
product.
3.     Production aid for:
— peeled tomatoes, whole or in pieces, preserved by                                             Article 4
    freezing and falling within CN code 0710 80 70,
— unpeeled whole tomatoes, preserved, falling within                 The Commission may, in accordance with the procedure laid
    CN code 2002 10 00, and                                          down in Article 22 of Regulation (EEC) No 426/86,
                                                                     establish a system of monetary adjustment with the aim of
— peeled and unpeeled tomatoes in pieces, including crush            correcting the production aid by the impact on the minimum
    or pizza sauce, falling within CN code 2002 10,                  price minus the aid, of the differences between:
shall, without prejudice to the measures adopted pursuant to
                                                                     — the agricultural conversion rate, and
Article 2 (3) of Regulation (EEC) No 426/86, be derived
from the aid calculated for whole peeled tomatoes obtained
from the Roma or similar varieties, account being taken in           — the average of the rates referred to in Article 3 (1) of
particular of the commercial characteristics of the                      Council Regulation (EEC) No 1676/85 (*) during a
product.                                                                 period to be determined.
4.     The production aid for dried grapes shall be calculated
for sultanas.
                                                                                                Article S
The production aid for other varieties or types of dried grapes
shall be derived from that aid, without prejudice to the
measures adopted pursuant to Article 2 (3) of Regulation             The factors referred to in Article 5 (2) of Regulation (EEC)
(EEC) No 426/86.                                                     No 426/86 shall be calculated on the basis of the average
                                                                     quantities of raw material used and the net weight of finished
                                                                     products obtained in the Community during the 1987/88,
                           Article 3                                 1988/89 and 1989/90 marketing years. Those factors shall
                                                                     be adjusted, where appropriate, depending on changes
1.     For the purposes of applying the production aid               recorded subsequently.
provided for in Articles 5 (1) and 6a of Regulation (EEC)
No 426/86, the provisions of this Article shall apply.               (>) OJ No L 164, 24. 6. 1985, p. 1.
 ---pagebreak--- No C 49/94                                Official Journal of the European Communities                                      28. 2. 90
                           Article 6                                 In that case, a special security may be required to ensure that
                                                                     undertakings entered into are fulfilled. The securities shall be
1.    For the purposes of applying Article 8 of Regulation           forfeit, in full or in part, if the undertakings are not fulfilled
(EEC) No 426/86, Member States shall approve storage                 or are only fulfilled in part.
agencies presenting suitable guarantees on the one hand that
they can store products under satisfactory technical                 4.     The sale shall be organized by invitation to tender or at
conditions and on the other hand that they can satisfactorily        a price fixed in advance.
manage products bought in.
                                                                     Tenders submitted shall only be taken into account where a
Those agencies shall be required in particular to store              security is lodged.
products bought in in separate premises and to keep separate
accounts for those products.
                                                                                                   Article 7
2.    The sale of dried grapes and dried figs bought in by
storage agencies and the conditions governing such sales shall       Regulation (EEC) No 1277/84 is hereby repealed.
be decided in accordance with the procedure laid down in
Article 22 of Regulation (EEC) No 426/86, account being
taken of the need not to jeopardize the balance on the                                             Article 8
market.
                                                                     This Regulation shall enter into force on the third day
3.    Where special measures as referred to in the second            following its publication in the Official Journal of the
subparagraph of Article 8 (3) of Regulation (EEC)                    European Communities.
No 426/86 are taken, special conditions may be laid down
to ensure that the product will not be used for a purpose other      It shall apply from the beginning of the 1990/91 marketing
than that specified.                                                 year for each product.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                                           For the Council