CELEX: 51992PC0442
Language: en
Date: 1992-10-27
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0M(92) 442 final
                                             Brussels, 27 October 1992
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                                  Proposal for a
                             COUNCIL REGULATION (EEC)
                      amending Regulation (EEC) Mo 1035/72
                        on the common organization of the
                         market in fruit and vegetables
                           (presented by the Commission)
 ---pagebreak---                            EXPLANATORY «EMQRA8D8M
Subject:     Proposal for a Regulation amending Regulation (EEC) No 1035/72
             on the common organization of the market in fruit and
             vegetables
1. The development of the production of pineapples, advodacos, mangoes and
   guavas in the Community, in particular since the accession of Spain and
   Portugal, and the growth of trade in those products are pointing in the
   direction of their being included in the scope of Regulation (EEC)
   No 1035/72.
2. Plantain bananas were excluded from the common organization of the
   market in bananas on account of their nature. Since this type of banana
   must be covered by a market organization with effect from 1 January
   1993, it seems appropriate to include it in the common organization of
   the market in fruit and vegetables.
3. In anticipation of 1 January 1993, the provisions of Regulation (EEC) No
   1035/72 now applicable permitting the application of national
   quantitative restrictions should be repealed.
4. In view of the considerable increase in imports of certain sensitive
   fruits and vegetables in uncertain monetary situations which are giving
   rise to artificial prices and at a time when all potential world
   customers are closing their frontiers to trade for plant health and
   public health reasons or are imposing quantitative restrictions, the
   need is emerging of providing for the possibility of establishing an
   import licensing system, where necessary, for certain products.
The inclusion of additional products in Article 1 of Regulation (EEC)
No 1035/72 does not entail any financial consequences for the EAGGF
Guarantee Section. The setting up of producers' organizations for these
fruit and vegetables may entail costs as launching aid chargeable to the
EAGGF Guidance Section. These costs, however, are the same as those
provided for by the general regulations governing producers' organizations
and consequently do not give rise overall to any additional expenditure.
                                                                            2
 ---pagebreak---                                                          C516492/TEN
                                 Proposal for
                     COUNCIL REGULATION (EEC) No     /92
                    amending Regulation (EEC) No 1035/72
                      on the common organization of the
                       market in fruit and vegetables
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,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and social Committee,
Whereas the development of the Community production of products such as
pineapples, advocados, mangoes and guavas, in particular since the accession
of Spain and Portugal, and the growth of trade in those countries make it
appropriate to include those products within the scope of Regulation (EEC)
No 1035/72<1), as last amended by Regulation (EEC) No 1754/92<2);
Whereas plantain bananas were not included in the Regulation on the common
organization of the market in bananas on account of their nature;    whereas
plantain bananas must be covered by a market organization with effect from 1
January 1993;  whereas it seems appropriate to include them in the common
organization of the market in fruit and vegetables;
(1) OJ No L 118, 20.5.1972, p.   1.
(2) OJ No L 180,  1.7.1992, p. 23.
 ---pagebreak---                                     - 2 -
Whereas Regulation (EEC) No 1035/72 provides that Member states may apply
national quantitative restrictions in respect of fruit and vegetables under
the conditions laid down in Annex III thereto;  whereas those measures will
become incompatible on the completion of the Single Market on 1 January
1993;  whereas the provisions should therefore be repealed;
Whereas provision should be made, in respect of certain products which are
sensitive and which are imported in relatively large quantities, for the
possibility of establishing an import licensing system;   whereas in order to
ensure that application of this system is limited as effectively as
possible, provision should be made for the introduction of such a system to
be subject to the Management Committee procedure;
Whereas, in order to ensure the smooth operation of the system, provision
should be made that the issue of import licences be accompanied by the
establishment of a security guaranteeing the performance of the undertaking
to import during the period of validity of the licences,
HAS ADOPTED THIS REGULATION:
                                  Article 1
Regulation (EEC) No 1035/72 is hereby amended as follows:
1. The following products are added to the table in Article 1(2):
   CN code                      Description
 ex 080300              Plantain bananas
    08043000            Pineapples
    080440              Advocados
    08045000            Guavas, mangoes and mangosteens
                                                                         4
 ---pagebreak---                                       3 -
2. The second indent of Article 22(1), paragraph (2) and Annex III (the list
   specified in Article 22) are hereby deleted.
3. The following Article 22b is inserted:
   "Article 22b
   1.   A system of import licences may be introduced, in accordance with
        the procedure laid down in Article 33, in respect of one or more of
        the products listed in the table contained in Article 1(2), in order
        to be able to evaluate their market progress.
        In such case, a licence shall be issued by the Member States to any
        interested party who makes an application therefor, regardless of
        where that party is established in the Community.
        The issue of a licence shall be subject to the establishment of a
        security guaranteeing that importation shall take place during the
        period of validity of the licence.
        Licences shall be valid throughout the Community.
   2.   The list of products for which import licences shall be be required
        and the other detailed rules for the application of this Article
        shall be determined in accordance with the same procedure."
                                  Article 2
This Regulation shall enter into force on 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member states.
Done at Brussels,
                                                        For the Council
                                                                          *>
 ---pagebreak---                                                                                      tpfif/wviam
     FINANCIAL                      STATEMENT
                                                                    DATE: 6 October 1992
1. BUDGET HEADING: 150                                              APPROPRIATIONS: ECU 832 mi 11 ion (1902)
2. TITLE:
   Proposal for a Regulation amending Council Regulation (EEC) No 1035/72 on the ocnmon organization of the
   market in fruit and vegetables.
3. LEGAL BASIS: Article 43 of Treaty.
4. AIMS OF PROJECT:
   Add further products to the table in Article 1(2) of Regulation (EEC) No 1035/72.
                                   Period of 12 months  Current Financial Year   Following Financial Year
5. FrNAtCIAL ifcPLtCATJONS           (ECU mi 11 ion)            (92)                        (93)
5.0 EXPENDITURE                                             (ECU mi 11 ion)              (ECU mi M ion)
    - CHARGED TO THE EC BUDGET
    - (REFUNDS/INTERVENT ION)
    - NATIONAL ADMINISTRATION
    -OTHER
5.1 REVENUE
    - (Mi RESOURCES OF THE EC
      (LEVIES/CUSTOMS DUTIES)
    - NATIONAL
                                         1994                1995               1996                1997
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
                                                                                                       YES
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
                                                                                                       YES
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
                                                                                                           ND
6.3 WJLL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                           NO
OBSERVATIONS:
 ---pagebreak---                                                                       BSN 0254-1475
                                                                COM(92) 442 final
                                                      DOCUMENTS
EN                                                                              03
                               Catalogue number : CB-CO-92-459-EN-C
                                                              ISBN 92-77-48375-X
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