CELEX: 51993PC0475
Language: en
Date: 1993-12-06
Title: Proposal for a COUNCIL REGULATION (EC) on the free distribution outside the Community of fruit and vegetables withdrawn from the market during the 1993/94 season

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(93) 475 final
                                               Brussels, 6 December 1993
Sfc;fe
                                  Proposal for a
                             COUNCIL REGULATION (EC)
                 on the free distribution outside the Community
               of fruit and vegetables withdrawn from the market
                            during the 1993/94 season
                         (presented by the Commission)
*•;** l
m
 ---pagebreak---                                                                         I
                              EXPLANATORY MEMORANDUM
Subject:  Proposal for a Council Regulation ( SC) on the free distribution
          outside the Community of fruit and vegetables withdrawn from the market
          during the 1993/94 season.
1. The Community regulations provide that fruit and vegetables withdrawn from
    the market are to be distributed free to charitable organizations, schools,
    etc. The costs of transport incurred by such operations are to be charged to
    the EAGGF on the basis of a standard scale.
2.  This year the apple and orange harvests have been more than enough to satisfy
    Community demand.  It should therefore be made possible for products
    withdrawn from the market to be distributed by charitable organizations to
    destinations where the people require food supplies. That is the aim of this
    proposal.
3. As withdrawals of agricultural surpluses are the exclusive responsibility of
    the Community, the measures must be taken at Community level.
 ---pagebreak---                                                                          3
                         COUNCIL REGULATION (EC) No
                               Of
                   on the free distribution outside the community
                 of fruit and vegetables withdrawn from the market
                             during the 1993/94 season
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 a proposal from the commission,
whereas the Community fruit and vegetable harvest in the 1993/94 marketing year
and in particular the apple and orange harvests are more than enough to satisfy
Community consumption, to the extent that withdrawals of major quantities should
be anticipated;
whereas Article 21 of Regulation (EEC) No 1035/72 defines the way products
withdrawn from the market may be disposed of;
Whereas, in order to improve food supplies to people in certain third countries
and in particular the victims of the conflict in the former Yugoslavia, apples,
oranges and, where appropriate, other fruit and vegetables withdrawn from the
market could be dispatched to such third countries through charitable
organizations ;
(1) OJ No L 118, 20.5.1972, p. 1. as last amended by Regulation (EEC) 638/93
    (OJ No L 69 of 20.3.1993, p.7)
 ---pagebreak---  Whereas there is no provision for this in Article 21 of Regulation (EEC)
                                                                               H
 No 1035/72; whereas, however, on account on the one hand of the difficulties of
 supply encountered by victims of the conflict in the former Yugoslavia and on the
 other hand of the surplus apple and orange harvests in the Community, a measure
 derogating by way of an exception from Article 21 of that Regulation should be
 adopted to allow for the delivery of apples and oranges withdrawn from the market
 to the organizations concerned with a view to their free distribution to the
 people in question; whereas such an operation needs to be able to be extended
 quickly to cover other fruit and vegetables or other destinations in the event of
 serious supply difficulties;
Whereas from now on it seems possible to extend this operation to oranges for the
 1993/94 season;
HAS ADOPTED THIS REGULATION:
                                     Article 1
1. Article 21 of Regulation (EEC) No 1035/72 notwithstanding, during the 1993/94
     marketing year oranges and table apples of Community origin withdrawn from
     the market in accordance with that Regulation to charitable organizations
     approved by them for the purpose with a view to their free distribution to
     the victims of the conflict in the former Yugoslavia.
2. Without prejudice to the Community provisions applicable to the subject, the
     costs of transport of the apples and oranges referred to in paragraph 1 shall
     be defrayed by the charitable organziations undertaking such operations.
3. Apples and oranges dispatched pursuant to paragraph 1 shall not qualify for
     export refunds applying to fruit and vegetables.
                                     Article 2
Detailed rules for the application of this Regulation and in particular for
coordination under the Community emergency aid plan for the former Yugoslavia
shall be adopted in accordance with the procedure provided for in Article 33 of
Regulation (EEC) No 1035/72.
 ---pagebreak--- In the event of serious difficulties of supply, the Commission may decide, in
accordance with the same procedure, to apply Article 1 of this Regulation to
other fruit and vegetables withdrawn from the market or in respect of other
destinations.
                                    Article 3
This Regulation shall enter into force on the third day following its publication
in the Official Journal of the European Communities.
It shall apply as from 15 October 1993.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at                                          For the Council
 ---pagebreak---          F   I    N    A   N   C    I   A  L              S  T    A   T  E   M   E   N  T
 1.  BUDGET      HEADING!       1501                                                                APPROPRIATIONS:      (1993  DB)  ECU  393   Billion
 2 . TITLE :
     Proposal        for   a Council      Raqulation     daroqating      fro*   Articla    21  of  Raqulation    (EEC)  No   1035/72   as raqards    tba
     fraa    diatribution          outsida    tha   Coaaunity     of   fruit   and  vaqatablaa     withdrawn    fro*  tha  »*rktt   in  raapaot   of  tb
     1993/94      aarketing        yaar.
 3.  LEGAL      BAStSi     Council      Raqulation     (EEC)   No    1035/72
 4 . AIMS     OF   PROJECT:
     To    authorisa       tha   dispatch     to  Yugoslavia      of   apples   and   oranges   withdrawn    fro»  tha   aarket
                                                     Pariod   of    12  aonths      Currant    Financial    Year     Following   Financial    Yaar
 5.    FINANCIAL         IMPLICATIONS                                                          1993                            1994
 5.0   EXPENDITURE
      - CHARGED         TO   THE   EC   BUDGET
      -    (REFUNDS/INTERVENTION)
5.1    REVENUE
      -   OWN    RESOURCES       OF   THE  EC
          (LEVIES/CUSTOMS           DUTIES)
      -    NATIONAL
5.0.1    ESTIMATED         EXPENDITURE
5.1.1     ESTIMATED        REVENUE
5.2   METHOD      OF    CALCULATIONS
C.O   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'/
6.2   IS   A   SUPPLEMENTARY          BUDGET   NECESSARY?
6.3   WILL     FUTURE     BUDGET      APPROPRIATIONS      BE  NECESSARY?
OBSERVATIONS
 ---pagebreak---                                                                                 ISSN 0254-1475
                                                               COM(93) 475 final
                                                     DOCUMENTS
EN                                                                                    03 11
                                Catalogue number : CB-CO-93-678-EN-C
                                                             ISBN 92-77-62427-2
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                              ^ft*ï''\far .iiV.