CELEX: 31986R1576
Language: en
Date: 1986-05-23 00:00:00
Title: Council Regulation (EEC) No 1576/86 of 23 May 1986 amending Regulation (EEC) No 727/70 on the common organization of the market in raw tobacco

24 . 5 . 86                                    Official Journal of the European Communities                                   No L 139 / 1
                                                                        I
                                                     (Acts whose publication is obligatory)
                                              COUNCIL REGULATION (EEC) No 1576/86
                                                               of 23 May 1986
                   amending Regulation ( EEC) No 727/70 on the common organization of the market in
                                                                  raw tobacco
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  Whereas, in order not to disturb the conversion process
                                                                           currently under way in the Community, the recognized
                                                                           production areas for each variety should be fixed annu­
Having regard to the Treaty establishing the European
                                                                           ally ; whereas each Member State should therefore be
Economic Community, and in particular Article 43
thereof,
                                                                           required to submit an application to the Commission
                                                                           each year for recognition of the production areas in
                                                                           which each variety is to be grown for the following
Having regard              to     the       proposal     from    the       harvest ,
Commission ('),
Having regard to the opinion of the European
                                                                           HAS ADOPTED THIS REGULATION :
Parliament (2),
Having regard to the opinion of the Economic and                                                          Article 1
Social Committee (3),
                                                                           Regulation ( EEC ) No 727 / 70 is hereby amended as
Whereas all the mechanisms provided for in Council                         follows :
Regulation ( EEC ) No 727 /70 (4), as last amended by
Regulation ( EEC ) No 1461 / 82 (5), are applicable to                      1.   Article 2 (4) is replaced by the following :
each variety of tobacco produced in the Community ;
whereas the concept of varieties of tobacco was defined                          '4.    Community-produced          varieties of tobacco
in Article 2 (4) of Regulation ( EEC ) No 727 / 70 ; where­                      shall mean types differentiated according to their
as , pursuant to the said Article, varieties of tobacco                          botanical characteristics and the cultivation tech­
means types differentiated according to their botanical                          niques used , but not so as to exclude consideration ,
characteristics, but not so as to exclude consideration ,                        where necessary, of ecological modification of
where necessary, of ecological modifications of those                            those types .
types ;                                                                          The concept of " variety " defined in the first sub­
                                                                                 paragraph shall apply according to the production
 Whereas the name of each variety corresponds to a                               areas recognized for each variety . The Member
 specific botanical type ; whereas the botanical criterion                       States shall apply to the Commission before
 also covers genetic and morphological characteristics                           30 September of each year for recognition of the
 and factors relating to soil and climate ; whereas , in                         production areas in which each variety is to be
 addition to this criterion, cultivation techniques com­                         grown for harvesting during the following calendar
                                                                                 year.'
 prising methods of cultivation, yield and methods of
 drying and packaging the tobacco should also be taken
 into consideration ; whereas these two criteria enable                    2.    Article 2 (3 ) (b) is replaced by the following :
 each Community-produced variety to be precisely iden­                           '(b) for each Community-produced variety grown
 tified ;                                                                              in recognized production areas ;'.
Whereas only qualities produced in certain production                      3.    In Article 2 ( 5 ), after the expression 'reference qual­
areas have the characteristics peculiar to each variety ;                        ities ', the following words are added : ' and produc­
                                                                                tion areas '.
                                                                           4.   The following paragraph 6 is added to Article 2 :
(')   OJ No C 85 , 14 . 4. 1986 , p. 60 .                                        ' 6 . Detailed rules for the application of this
(2)   OJ  No C 120, 20 . 5 . 1986 .
(3 )  OJ  No C 118 , 20 . 5 . 1986 .                                            Article, and in particular the definition of varieties,
(4)   OJ  No L 94, 28 . 4. 1970, p . 1 .                                        shall be adopted in accordance with the procedure
( s)  OJ  No L 164, 14. 6 . 1982 , p . 27 .                                      laid down in Article 17 .'
 ---pagebreak--- No L 139 / 2                             Official Journal of the European Communities                              24 . 5 . 86
5. Article 4 ( 3 ) (b) is replaced by the following :                                         A rticle 2
   '(b ) for each Community-produced variety coming
         from recognized production areas and for the               This Regulation shall enter into force on the day of its
         corresponding reference quality .'                         publication in the Official Journal of the European
                                                                     Communities .
6. Article 6 ( 3 ) ( b ) is replaced by the following :
   '(b) for each Community-produced variety coming
         from recognized production areas ."                        It shall apply from the 1986 harvest .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 23 May 1986 .
                                                                               For the Council
                                                                                 The President
                                                                                  G. BRAKS