CELEX: 51992PC0436
Language: en
Date: 1992-10-20
Title: Proposal for a COUNCIL REGULATION (EEC) on the free distribution outside the Community of fruit and vegetables withdrawn from the market

COMMISSION OP THE EUROPEAN COMVttJNITIES
                                        COM(92)436  final
                                        Brussels, 20 October 1992
                             Proposal for a
                        COUNCIL REGULATION fEEC)
              on the free distribution outside the community
            of fruit and vegetables withdrawn from the market
                     (presented by the Commission)
m®i
 ---pagebreak---                                      -   Z-
                              EXPLANATORY MEMORANDUM
Subject:  Proposal for a council Regulation (EEC) on the free distribution
          outside the Community of fruit and vegetables withdrawn from the
          market.
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  The Community regulations provide that fruit and vegetables withdrawn from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 Community has had a bumper fruit harvest, in particular for
    climatic reasons.  It should therefore be made possible for products
    withdrawn from the market to be distributed by charitable organizations at
    destinations where the people require food supplies.  That is the aim of this
    proposal.
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                                   Proposal for a
                        COUNCIL REGULATION (EEC) No     /92
                                          of
                  on the free distribution outside the community
                of fruit and vegetables withdrawn from the market
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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(*), as last amended by
Regulation (EEC) No 1754/92(2)f and in particular Article 35 thereof,
Having regard to a proposal from the commission,
Whereas the Community fruit and vegetable harvest in the 1992/93 marketing year,
and in particular the apple harvest, is particularly abundant 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
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.
(2) OJ No L 180, 1.7.1992, p. 23.
 ---pagebreak---                                        .if.
Whereas thare is no provision for this in Article 21 of Regulation (EEC)
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 harvest in the Community, a measure derogating by
way of an exception from Article 21 of that Regulation should be adopted to
authorize the Member States to deliver apples 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 in the latter,
HAS ADOPTED THIS REGULATION:
                                    Article 1
1. By way of derogation from Article 21 of Regulation (EEC) No 1035/72, during
    the 1992/93 marketing year the Member States are hereby authorized to make
    available 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 referred to in paragraph 1 shall be defrayed
    by the charitable organziations undertaking such operations.
3. Apples 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 decided in accordance with the procedure provided for in Article 33 of
Regulation (EEC) No 1035/72. In the event of serious difficulties of supply, the
Commission may decide, in accordance with the same procedure, to apply Article 1
to other fruit and vegetables withdrawn from the market or in respect of other
destinations.
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                                    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 from 1 October 1992.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at                                          For the Council
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     FINANCIAL STATEMENT
                                                                      DATE:
 1. BUDGET HEADING: 1601                                              APPROPRIATIONS: (1993 DB) ECU 326 mi 11 icr•.[
 2. TITLE:                                                                                                       \
    Proposal for a Council Regulation derogating frcm Article 21 of Regulation (EEC) No 1035/72 as regards the;
    free distribution outside the Ccmuinity of fruit and vegetables withdrawn frcm the market in respect of thj|
    1992/93 marketing year.
T LEGAL BASIS: Council Regulation (EEC) No 1035/72
 4. AIMS OF PROJECT:
    To authorize the dispatch to Yugoslavia of apples withdrawn frcm the market.
                                   Period of 12 months   Current Financial Year    Following Financial Year
 5. FINANCIAL IMPLICATIONS                                        1993                     1994
5.0 EXPENDITURE
     - CHARGED TO THE EC BUDGET
     - (REFUNDS/INTERVENTION)
5.1 REVENUE
     - OwN RE90URCES OF THE EC
       (LEVIES/CUSTOMS DUTIES)
     - NATIONAL
                                          1995               1996                 1907               1996
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:
6.0 CAN THE PROJECT BE FINANCED FRCM 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?
                                                                                                            NO
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                            NO
OBSERVATIONS:
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                                                                     ISSN 0254-1475
                                                              COM(92) 436 final
                                                      DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-92-453-EN-C
                                                             ISBN 92-77-48231-1
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