CELEX: 51987PC0585(01)
Language: en
Date: 1987-11-12
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1035/72 ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES

24.12. 87                             Official Journal of the European Communities                             No C 349/5
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
             Proposal for a Council Regulation amending Regulation (EEC) No 1035/72 on the common
                                      organization of the market in fruit and vegetables
                                                      COM(87) 585 final
                             (Submitted by the Commission to the Council on 12 November 1987)
                                                        (87/C 349/08)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas, during the first stage of accession, known as
                                                                   the verification of convergence stage, the Spanish market
 Having regard to the Treaty establishing the European             in the products concerned is not integrated into the
 Economic Community, and in particular Article 43                  market of the Community of Ten and Spain fixes
 thereof,                                                          institutional prices in accordance with a price discipline
                                                                   defined in Article 135 of the Act of Accession, whereby
 Having regard to the Act of Accession of Spain and                price increases may not exceed in value the increase in
 Portugal, and in particular Articles 89 (2) and 234 (3)           common prices; whereas, by reason of this special
 thereof,                                                          situation of the market in Spain, the reduction of
                                                                   common prices under the abovementioned measures
 Having regard to the proposal from the Commission,                must not affect the level at which prices are fixed in
                                                                   Spain;
 Having regard to the opinion of the European Parlia-
ment,                                                              Whereas, in so far as interventionn operations are
                                                                   carried out for nectarines, satsumas, Clementines and
Whereas Council Regulation (EEC) No 1035/72 (>), as                mandarins in Spain and involve Community financing in
last amended by Regulation (EEC) No 2275/87 (2),                   accordance with Article 133 (3) of the Act of Accession,
provides for a system of prices and intervention for a             a quantity of nectarines, satsumas, Clementines and
number of products in the fruit and vegetables sector;             mandarins should be fixed which, if exceeded, will result
                                                                   in a reduction in prices in Spain for the following
Whereas producers of Clementines, satsumas, mandarins              marketing year;
and nectarines should be made aware of the real needs
of the market in these products; whereas this should be           Whereas, in view of the special provisions of the Act of
achieved, where appropriate, by defining intervention             Accession, and in particular Article 265 thereof, no
volumes or thresholds beyond which financial liability             similar measures need be applied in respect of Portugal
should be borne by producers;                                      during the first stage of transition;
Whereas, the consequence of the liability of the                  Whereas satsumas, Clementines and nectarines are of
producers must be that, whenever intervention exceeds             particular importance for the income of certain ca-
the thresholds, the basic and buying-in prices (for those          tegories of producers; whereas, therefore, these, products
products) for the following marketing year are reduced;            should also be included in the prices and intervention
                                                                   system,
Whereas the threshold for each product may be
expressed as a percentage of the average quantities                HAS ADOPTED THIS REGULATION:
produced and intended for consumption as fresh fruit
over the past five marketing years for which production
                                                                                             Article 1
figures are available; whereas, in the case of mandarins,
withdrawals of which already represent a high                     Regulation (EEC) No 1035/72 is hereby amended as
percentage of production, provision must be made for a            follows:
degressive percentage coupled with measures to ensure
the progressive adjustment of producers to the new                 1. The following Article 16a is inserted:
situation;
                                                                      'Article 16a
                                                                      1.    Where, in a given marketing year, the quantities
C) OJ No L 118, 20. 5. 1972, p. 1.                                    of satsumas, Clementines mandarins and nectarines
(2) OJ No L 209, 31.7. 1987, p. 4.                                    which are the subject of intervention measures in the
 ---pagebreak--- No C 349/6                             Official Journal of the European Communities                                      24.12. 87
  Community as constituted on 31 December 1985                        maximum quantity of products which may be subject
  pursuant to Articles 15, 15b, 19 and 19a of Regu-                   to intervention measures and which, if exceeded, will
  lation (EEC) No 1035/72 exceed the thresholds                       entail a reduction in Spanish institutional prices for
  defined in paragraph 2, the basic prices and the                    the following marketing year.
  buying-in prices laid down for these products for the
  following marketing year pursuant to the criteria laid              4.    The reduction in the prices to be applied in the
  down in Article 16 (2) and (3) shall be reduced by                  Community as constituted on 31 December 1985
  1 % per tranche of:                                                provided for in the first subparagraph of paragraph 3a
                                                                      shall not be taken into consideration for the purposes
  —        5 tonnes in the case of satsumas,
                                                                     of applying, in Spain and Portugal, the price
  — 2 000 tonnes in the case of Clementines,                          discipline provided for in Articles 135 (1) and 265 (1)
  — 2 500 tonnes in the case of mandarins,                           of the Act of Accession.
  — 2 500 tonnes in the case of nectarines,                           5.    The Commission shall adopt detailed rules for
  in excess of the quantity specified in paragraph 2.                 implementing this Article, in accordance with the
                                                                     procedure laid down in Article 33 of Regulation
  Application of this provision must not, however, result
                                                                      (EEC) N o 1035/72 and shall in particular fix the
  in a reduction of more than 20 %.
                                                                     intervention thresholds.'
  The reduction resulting from application of the first
  subparagraph shall not be taken into account when               2. Annex II is replaced by the following:
  the basic buying-in prices are fixed for subsequent
                                                                                               'ANNEX II
  marketing years in accordance with the criteria laid
  down in paragraphs 2 and 3 of Article 16.                               Products covered by the price and intervention system
                                                                      Cauliflowers
  2.    The intervention thresholds for satsumas,
  Clementines and nectarines shall be fixed at 10 % of               Tomatoes
  the average production grown for consumption as                    Aubergines
                                                                     Peaches
  fresh fruit over the last five marketing years for which
                                                                     Nectarines
  data are available.
                                                                     Apricots
  The intervention thresholds for mandarins shall be the              Lemons
  following percentages of the average production                     Pears (other than perry pears)
  grown for consumption as fresh fruit over the last five            Table grapes
  marketing years for which data are available:                      Apples (other than cider apples)
  — for the 1987/1988 marketing year: 65 %,                           Mandarins
                                                                      Satsumas
  — for the 1988/1989 marketing year: 50 % ,                          Clementines
  — for the 1989/1990 marketing year: 35 % ,                          Sweet oranges.'
  — for the 1990/1991 marketing year: 20 %,
                                                                                             Article 2
  — for the 1991/1992 marketing year, onwards: 10 %.
                                                                  This Regulation shall enter into force on the third day
  3.    Where, in the case of Spain, intervention                 following its publication in the Official Journal of the
  operations are carried out during the verification of           European Communities.
  convergence stage in accordance with the provisions
  applicable, the Council, acting by a qualified majority         This Regulation shall be binding in its entirety and
  on a proposal from the Commission, shall fix a                  directly applicable in all Member States.