CELEX: 51995PC0455
Language: en
Date: 1995-10-03
Title: Proposal for a COUNCIL REGULATION (EC) on free distribution outside the Community of fruit and vegetables withdrawn from the market during the 1995/96 marketing year

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    Brussels, 03.10.1995
                                    COM(95) 455 final
                     Proposal for a
           COUNCIL REGULATION (EC)
    on free distribution outside the Community
of fruit and vegetables withdrawn from the market
         during the 1995/96 marketing year
            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                   Explanatory memorandum
Subject:    Proposal for a Council Regulation on free distribution outside the Community of fruit
            and vegetables withdrawn from the market during the 1995/96 marketing year
1.  Community rules allow fruit and vegetables withdrawn from the market to be distributed
    free of charge to charitable organizations, schools, etc. Transport costs within the
    Community are met by the EAGGF according to a fixed-rate distance scale.
2.  The Community's apple and orange crop will be higher this year than the volume of
    consumption. It should therefore be made possible for products withdrawn from the market
    to be delivered, through the agency of approved charitable organizations, to destinations
    with food supply problems.
3.  It is planned that it should be possible for the provisions of this Regulation to be extended
    by the Commission, after consulting the Management Committee for Fruit and Vegetables,
    to other destinations or other fruit and vegetables withdrawn from the market during the
     1995/96 marketing year.
4.  Since withdrawals of agricultural surpluses are a matter in which the Community is
    exclusively competent the present measures must be taken at Community level.
 ---pagebreak---                                            Proposa! for a
                          COUNCIL REGULATION (EC) No
                          on free distribution outside the Community
                      of fruit and vegetables withdrawn from the market
                               during the 1995/96 marketing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common
organization of the market in fruit and vegetables , and in particular Article 35 thereof,
Having regard to the proposal from the Commission,
Whereas withdrawals from the market during the 1995/96 marketing year under Regulation
(EEC) No 1035/72 can be expected, particularly of apples and oranges;
Whereas Article 21 of Regulation (EEC) No 1035/72 specifies the possible recipients of
withdrawn products;
Whereas in order to improve the food supply of the peoples of certain third countries, and in
particular of the voctims of the conflict in the former Yugoslavia, it should be made possible for
apples, oranges and any other fruit and vegetables withdrawn from the market to be sent to these
countries by the agency of charitable organizations approved by the Member States;
Whereas this possibility is not provided for by Article 21 of Regulation (EEC) No 1035/72;
whereas, however, given the food supply difficulties of the third countries in question and the
volumes of apples and oranges withdrawn from the Community market, a derogation should
exceptionally be introduced from the said Article 21 in order to enable such organizations to
deliver products withdrawn from the market for free distribution as humanitarian aid to the
people of these countries;
Whereas sorting, packing and transport costs for fruit and vegetables withdrawn from the market
that are assigned for free distribution may be taken over pursuant to Commission Regulation
(EEC) No 3587/86 of 20 November 1986 fixing the conversion factors to be applied to the
buying-in prices for fruit and vegetables^, Commission Regulation (EEC) No 2103/90 of
23 July 1990 laying down the conditions for taking over sorting and packing costs relating to
           OJ No L 118, 20.5.1972, p. 1, last amended by Regulation (EC) No 1363/95
           (OJNo L 132, 16.6.1995, p. 8).
           OJ No L 334, 27.11.1986, p. 1, last amended by Regulation (EC) No 872/95
           ( O J N o L 89, 21.4.1995, p. 17).
                                                                                                 \\
 ---pagebreak--- the free distribution of apples and citrus fruit3, and Commission Regulation (EEC) No 2276/92
of 4 August 1992 laying down detailed rules for the application of Article 21 of Council
Regulation (EEC) No 1035/72 on the common organization of the market in fruit and
vegetables4;
Whereas it should be borne in mind that transport costs outside the Community of the products
concerned will be met by the charitable organizations carrying out the distribution operations in
question;
Whereas, so that the viability of each operation can be checked, prior authorization should be
required from the Commission;
Whereas it will be necessary for Member States to see that operations are properly carried out
and to report subsequently to the Commission;
Whereas, if supply difficulties in a third country and the situation on the Community market so
warrant, the Commission may, after consulting the Management Committee for Fruit and
Vegetables, decide to apply this Regulation to other fruit and vegetables withdrawn from the
market or other destinations,
HAS ADOPTED THIS REGULATION:
                                              Article 1
 1.     Under the conditions provided for in Article 2 of this Regulation and notwithstanding
        Article 21 of Regulation (EEC) No 1035/72, dessert apples and oranges withdrawn from
        the market during the 1995/96 marketing year in accordance with that Regulation may
        during that marketing year be made available to charitable organizations approved by the
        Member States for free distribution as humanitarian aid to people in territories of the
        former Yugoslavia who are affected by the conflict in that region.
 2.     Sorting, packing and transport costs within the Community for the operations referred to
        in paragraph 1 shall be taken over in accordance with the provisions of Regulations
        (EEC) No 3587/86, (EEC) No 2103/90 and (EEC) No 2776/92.
 3.     No export refund shall be granted on products dispatched pursuant to paragraph I. The
        customs export, transit and any T5 document issued shall carry the endorsement
        'No refund'.
            OJNoL 191, 24.7.1990, p. 19.
            OJ No L 220, 5.8.1992, p. 22, last amended by Regulation (EEC) No 1445/93
            (OJ No L 142, 12.6.1993, p. 27).
 ---pagebreak---                                                                          »«»WW**P^W«Wi"f«9W(!"ï'P!1?"
                                             Article 2
Member States shall submit to the Commission proposals by their agreed charitable organizations
for free distribution operations. The Commission, having regard to what assurances are available
of a satisfactory outcome and to the situation as regards market withdrawals, shall decide
whether or not to authorize the operation.
                                             Article 3
1.      Member States shall take all requisite action to ensure proper execution of free
        distribution operations.
2.      At the end of the 1995/96 marketing year, Member States shall inform the Commission
        of the quantities distributed under this Regulation and their recipients.
                                             Article 4
                      \
1.    Any detailed provisions required for application of this Regulation, in particular as regards
     coordination under the Community emergency humanitarian aid plan for the former
     Yugoslavia, mayl be adopted in accordance with the procedure laid down in Article 33 of
      Regulation (EEC) No 1035/72.
2.   The Commission may decide, in accordance with the same procedure, to respond to serious
     supply difficulties in third countries by applying this Regulation to other fruit and
     vegetables withdrawn from the market or other destinations.
                                             Article 5
This Regulation shall enter into force on the third day following its publication in the Official
Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,                                                                       For the Council
 ---pagebreak---          FINANCIAL STATEMENT
         BUDGET HEADING: 1501                                                           APPROPRIATIONS: ECU 402 m
i
  2.     TITLE: Proposal for a Council Regulation on free distribution outside the Community of fruit and vegetables
                 withdrawn from the market during the 1995/96 marketing year
  3.     LEGAL BASIS: Council Regulation (EEC) No 1035/72
         AIMS: Authorise free distribution in former yugoslavia of apples and oranges withdrawn from the market
         FINANCIAL IMPLICATIONS:                               PERIOD OF 12             CURRENT             FOLLOWING
                                                                  MONTHS                FINANCIAL            FINANCIAL
                                                                                           YEAR                 YEAR
                                                                                            (95)                 (96)
                                                                (ECU million)          (ECU million)        (ECU million)
  5.0.   EXPENDITURE
         - CHARGED TO THE EC BUDGET                                  0.9                                          0.9
           (REFUNDS/INTERVENTION)
         - NATIONAL AUTHORITIES
         -OTHER
                                                                  1997             1998            1999             2000
  5.0.1. ESTIMATED EXPENDITURE
  5.2.   METHOD OF CALCULATION:
         Apples:          3 500 t x ECU 132.8/t             ECU 460 000 (B)
         Oranges:         1 500 t x ECU 157/t               ECU 230 000 (B)
         Transport:                                         ECU 250 000 (B)
                                                            ECU 940 000 (B)
  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.   WILL A SUPPLEMENTARY BUDGET BE NECESSARY?                                                                   NO
  6.3.   WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                          YES
  OBSERVATIONS      Included in the letter of amendment for 1996 PDB.
                                                                                                                         i
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 455 final
                                              DOCUMENTS
EN                                                                       03 11
                                     Catalogue number : CU-CO-95-5U0-1ÎN-C
                                                             ISBN 92-77-94017-4
Office for Official Publications of the European Communities
L-2985 Luxembourg
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