CELEX: 51976PC0371
Language: en
Date: 1976-07-16
Title: Amended Proposal for a COUNCIL REGULATION laying down certain general rules for application of the reference price system for fruit and vegetables (submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 371
Vol. 1976/0109
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    [
                                               COM(76)371   final
                                              Brussels , 16 July 1976
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                               Amended Proposal for a
                                 COUNCIL REGULATION
                 laying down certain general rules for application
                 of the reference price system for fruit and vegetables
               i
                 ( submitted by the Commission to the Council pursuant to
                   the second paragraph of Article 149 of the EEC Treaty )
C0M(76 ) 371 final
 ---pagebreak---                               Explanatory memorandum
          The initial proposal which the Commission forwarded to the Council on
 23 May 1973 was not adopted because certain delegations felt that they were
unable to supply the information needed for the application of the Regulation
within the time limits laid down .
          The information in question concerned mainly the quantities imported
and , in addition , the daily prices for the home-grown products which        the
same characteristics as those used for fixing the reference prices .
          This proposal from the Commission , which replaces that of 23 May 1973 ,
makes the following improvements as regards those two points :
1 ) Quantities imported : the information is to be supplied per period of ten
days running from the 1st to the 10th , from the 11th to the 20th , and from
the 21st to the last day of each month - and should reach the Commission ,
at the latest , on the eighth day of the following period of ten days .
          Since this communication procedure is already followed in respect of
cereals (wheat and wheat flour : Commission Regulation ( EEC ) No 2394/70 of
27 November 1970; barley , malt maize and rice : Commission Regulation (EEC )
No 1088/72 of 26 May 1972 ), the extension of the system to certain fruit and
vegetables should not present any serious problems .
2 ) Prices for Community products : the information to be supplied would be , for
products subject to intervention , that which is already forwarded in accordance
with Article 17(l ) of Regulation (EEC ) No 1035/72 and , for cucumbers , the
prices for home-grown products which have the same characteristics as those
used for fixing the reference prices .
          The only new procedures to be undertaken by the Member States should
therefore be the obtaining of the prices for cucumbers and the daily communi­
cation of the prices for Community products .
 ---pagebreak---                  AMENDED DRAFT OP A COUNCIL REGULATION
laying down certain general rules for application of the reference price system
                       for fruit and vegetables
 ( submitted by the Commission to the Council on the basis of the second
   paragraph of Article 149 of the Treaty )
                                      THE COUNCIL OP 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 795/76^^ , and in particular the
                                      last sub-paragraph of Article 24(4 ) thereof ,
                                      Having regard to the proposal from the
                                      Commission ,
Whereas Article 24(4 ) of Regulation (EEC ) No IO35/72 provides that in the
case of summer pears , tomatoes , cucumbers , table grapes and peaches the
prices of Community products are also to be adopted for calculating the entry
price if the quantities imported are significant and if the quantities
marketed on the representative import markets are not significant compared
with total imports ;
Whereas a study of the level of imports from non-member countries during
recent years reveals that significant quantities are imported during a given
period of the marketing year; whereas the given period applicable to each
product should be determined ;
Whereas it is necessary to establish, in respect of each exporting pountry ,
the minimum percentage of the total quantities imported during a given period ,
marketed on the representative import markets ;
 ( 1 ) OJ No L 118 , 20.5.1972 , p. 1
 ( 2 ) OJ No L 93 , 8.4.1976 , p. 6
 ---pagebreak---   Whereas it would appear useful to adopt the prices of Community products
  calculated over a certain period , so as to prevent import measures from
  being influenced by the daily price fluctuations which can be observed on the
  producer markets ;
 Whereas the method    of calculating the prices of Community products must be
  laid down ; whereas  correcting factors should be applied to the prices of
 Community products    at the producer market stage , to make those prices com­
 parable with those    of imported products on the representative import markets }
 Whereas it is necessary to define the conditions under which the prices of
 the Community products are to be adopted for calculating the entry price ;
 whereas , in view of the objective to be attained , those prices should be
 taken into consideration only if they are lower than the reference price ,
                               HAS ADOPTED THIS REGULATION :
Article 1
 1 . The condition laid down in the first indent of Article 24(4 ) of
     Regulation ( EEC ) No 1035 / 72 shall be considered as being fulfilled
     during the periods specified in the Annex .
2 . The condition laid down in the second indent of the said Article 24(4 ) shall
be considered as being fulfilled for a given exporting country where the
     quantities marketed on all of the representative import markets over
     a period of ten consecutive days ( running either the 1st t.o the 1Q.th
     2r_lrom_the_11th_to^the_2pth_or_frpfn_the_21st_to_the_J.ast_day_pf_each
             represent less than 40% of- the quantities imported .
3 . Subject to the preceding paragraphs , the price of Community products shall
     be adopted for calculating the entry price only where the price of
     Community products determined in accordance with Article 2 is lower than
     the reference price for the last three days of a ten-day period
     referred to in paragraph 2 .
 ---pagebreak---                                                                            3.
 Article 2
           The price of Community products , referred to in Article 1 , shall be
 equal to the arithmetic mean of the daily prices recorded over the period
 specified in paragraph 3 of that Article plus an amount equal to that allowed
 for transport costs in calculating the reference prices .
The daily price shall he equal
- for peaches , tomatoes , table grapes and summer pears , to the arithmetic mean
   of the prices , plus the cost of packaging , which the Member States communi­
   cate to the Commission in accordance with Article 17(l ) of Regulation ( EEC )
   No 1035/72
– for cucumbers , to the arithmetic mean of the average prices recorded on the
   representative producer markets for home-grown products which have the same
   characteristics as those by reference to, which t he reference p rices arg^fjxgd .
          However , if the prices recorded on a given market relate to products
produced by a method of cultivation different from that used for the products
taken into consideration for fixing the reference prices , they shall be
adjusted , for the purpose of calculating the average price , by the conversion
factors laid down for calculating the entry price of that type of product
by the regulations fixing the reference prices .
The said factors shall be applied to the prices plus the packaging cost and
transport costs .
Article 3
1.        Where , for a given product and a given exporting country , the
conditions laid down in Article 1 are fulfilled , the entry price for the
exporting country concerned shall be equal :
a) to the arithmetic mean between the entry price of the imported product
    calculated in accordance with Article 24(3 ) of Regulation (EEC ) No 1035/72
    and the price of the Community product calculated in accordance with
    Article 2 , if the price of the Community product is lower than :
    - the entry price referred to above ,
    – the reference price valid on the day in question ;
 ---pagebreak---                                                                          4.
 b) to the entry price of the imported product , referred to in Article 24(3 )
    of Regulation (EEC ) No 1035/72 , if the price of the Community product
    is higher than it ;
c ) to the price of the Community product calculated in accordance with
    Article 2 if it is lower than the reference price valid on the day in
    question and if the prices of the imported product are not available .
2.        Paragraph 1 shall apply during the second t en-day period follnuing
that referred to in Article 1 .
Article 4
          Detailed rules for the application of this Regulation shall be
adopted in accordance with the procedure laid down in Article 33 of
Regulation (EEC ) No 1035/72 .
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
                                      The President
 ---pagebreak---                                                          ANNEX
          Periods during which the quantities imported are significant :
Peaches                from 1 July to 31 August
Cucumbers              from 1 February to 30 June and from 1 to 30 November
Tomatoes               from 1 April to 31 July and from 1 October to
                                                                20 December
Table grapes           from 1 August to 20 November
Summer pears           from 1 July to 31 August