CELEX: 51989PC0040(48)
Language: en
Date: 1989-01-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) TO IMPROVE THE STATE OF COMMUNITY APPLE PRODUCTION

3. 4. 89                                  Official Journal of the European Communities                                  No C 82/65
                                                           Proposal for a
                                             COUNCIL REGULATION (EEC) No ...
                                                                of...
                                      to improve the state of Community apple production
                                                            (89/C 82/48)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              HAS ADOPTED THIS REGULATION r
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43 thereof,                                        Article 1
Having regard to the proposal from the Commission,                    Community apple producers shall qualify, on application
                                                                      and under the conditions laid down below, for a premium
                                                                      for the grubbing-up of apple trees other than cider apple
Having regard to the opinion of the European Parliament,              trees. The grubbing-up measures shall commence from the
                                                                       1989/90 marketing year.
Having regard to the opinion of the Economic and Social
Committee,
                                                                                                 Article 2
Whereas the Community market in apples displays some
degree of quantitative and qualitative imbalance between              The premium shall be granted subject in particular to a
supply and demand; whereas this stems in particular from              written undertaking by the recipient:
the survival of old orchards alongside those recently
created;
                                                                      (a) to grub up or have grubbed up before 1 April of each
                                                                          year the apple trees in respect of which the premium is
Whereas the market stabilization measures cannot by                       applied for;
themselves serve to overcome such difficulties; whereas
action should also be taken on production potential in                (b) to refrain, during a period of six years on their holdings
order to adapt it as far as possible to present and                       and on planted areas remaining after the grubbing-up
foreseeable outlets for Community production during a                     operations in respect of which the premium is granted,
period of three marketing years;                                          from planting any apple trees other than such planting
                                                                          carried out after notification of the Member State
                                                                          concerned for the normal total or partial renewal of
Whereas, in order to promote action to that end, producers                orchards.
should be encouraged to give up producing apples;
whereas, to that end, provision should be made for the
granting of premiums to producers who undertake to grub
up all or part of their apple orchards and who also                                              Article 3
undertake not to extend their apple orchards during a given
period;
                                                                      1. The amount of the premium shall be fixed taking
                                                                      account in particular of the grubbing-up costs and the loss
Whereas the amount of the premium will be determined                  of revenue suffered by the producers who have carried out
taking account of both the cost of grubbing-up operations             grubbing-up operations. That amount may vary according
and the loss of future income;                                        to the production region.
                                                                      2. The amount of the premium shall be paid in one
Whereas, in order to ensure that the grubbing-up measure
                                                                      payment at the latest three months after the producer has
is definitely effective, where prices fall as a result of the
                                                                      provided proof that he has actually carried out grubbing-
application of the intervention threshold, all members of a
                                                                      up.
producer organization within which producers have
undertaken a grubbing-up measure must qualify for a
reduction in the aforementioned fall in prices;
                                                                                                 Article 4
Whereas the grubbing-up premium is of Community
interest and its aim is to achieve the objectives laid down in        Where the withdrawal price falls as a result of an overrun in
Article 39 of the Treaty; whereas provision should be made            the intervention threshold, that fall shall be reduced by five
for financing of 50 % of this measure from the Guarantee              points for all members of producer organizations half of
Section of the European Agricultural Guidance and                     whose members have met the conditions for qualifying for
Guarantee Fund,                                                       the grubbing-up premium.
 ---pagebreak--- No C 82/66                           Official Journal of the European Communities                                    3. 4. 89
                          Article 5                                                         Article 7
                                                                  The Member States shall take any additional measures
The Member States shall ascertain whether recipients of           required to ensure that the undertakings referred to in
the premium have fulfilled their undertakings as provided         Article 2 are complied with, in particular as regards the
for in Article 2. They shall verify compliance with the           penalties to which the parties concerned are liable where
undertaking provided for in Article 2(b) during the last          they violate such undertakings.
three months of the six-year period mentioned in Article 2.
The Member States shall inform the Commission of the
                                                                                            Article 8
findings of such verifications.
                                                                  The detailed rules for applying this Regulation regarding in
                                                                  particular the conditions for granting and the amount of
                          Article 6                               the premium and the appropriate controls shall be adopted
                                                                  in accordance with the procedure laid down in Article 33 of
The grubbing-up operations shall be financed 50 % by the          Council Regulation (EEC) No 1035/72 (2).
Member States and 50 % from the EAGGF Guarantee
Section.                                                                                    Article 9
The measures provided for in this Regulation shall be             This Regulation shall enter into force on the third day
deemed to be intervention intended to stabilize the               following its publication in the Official Journal of the
agricultural markets within the meaning of Article 3 of           European Communities.
Council Regulation (EEC) No 729/70 (*).                           It shall apply until 30 June 1992.
(!) OJ No L 94, 28. 4. 1970, p. 13.                               (2) OJ No L 118, 20. 5. 1972, p. 1.
             This Regulation shall be binding in its entirety and directly applicable in all Member States.
             Done at...
                                                                                  For the Council
                                                      Proposal for a
                                        COUNCIL REGULATION (EEC) No ...
                                                            of...
                  amending Regulation (EEC) No 426/86 on the common organization of the market in
                                      products processed from fruit and vegetables
                                                       (89/C 82/49)
                                                                  Whereas Part A of Annex I to Council Regulation (EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          No 426/86 ( ! ), as last amended by Regulation (EEC) No
                                                                  2247/88 (2), lists the products for which production aid is
Having regard to the Treaty establishing the European             given; whereas pears of the Rocha variety, the most
Economic Community, and in particular Article 43 thereof,         representative sold in Portugal for processing, should be
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           (!) OJ No L 49, 27. 2. 1986, p. 1.
Committee,                                                        (2) OJ No L 198, 26. 7. 1988, p. 21.