CELEX: 31970R0193
Language: en
Date: 1970-02-02 00:00:00
Title: Regulation (EEC) No 193/70 of the Commission of 2 February 1970 establishing the procedure for giving effect to measures to promote the marketing of oranges and mandarins in the Community

66                                   Official Journal of the European Communities
No L 2 6/6                           Official Journal of the. European Communities                                  3.2.70
                            REGULATION (EEC) No 193/70 OF THE COMMISSION
                                                   of 2 February 1970
             establishing the procedure for giving effect to measures to promote the marketing of
                                       oranges and mandarins in the Community
THE    COMMISSION        OF  THE     EUROPEAN      COM­          Whereas to ensure that the transactions deriving from
MUNITIES,                                                        contracts are as productive as possible, financial
                                                                 compensation should also be granted in respect of
Having regard to the Treaty establishing the                     deliveries which are the subject of amendments to the
European Economic Community;                                     contracts ;
Having     regard     to   Council     Regulation     No
158/66/EEC1 of 25 October 19.66, on applying                     Whereas, in view of normal trade practices for the
common quality standards to fruit and vegetables                 products in question, a certain latitude in the matter
                                                                 of deliveries should be allowed when contracts are
marketed within the Community, as last amended by
Council Regulation (EEC) No 2516/692 of 9                        fulfilled ;
December 1969, and in particular Article 5 (2)
                                                                 Whereas,     when   the   amount     of   the   financial
thereof;
                                                                 compensation is being fixed, the offer price of the
Having regard to Council Regulation (EEC) No                     varieties of oranges and mandarins must be taken
2511/693 of 9 December 1969, laying down special                 into account ;
measures    for    improving      the production      and
marketing of Community citrus fruit, and in                      Whereas it is indispensable, if the system is to operate
particular Articles 7 and 8 (2) thereof;                         correctly, to lay down the information required when
                                                                 financial compensation is being applied for; whereas,
Whereas, in accordance with the terms of Article 7 of            moreover, each consignment should be subject to a
Regulation (EEC) No 2511/69, the contracts referred              conformity control as provided for in Article 5 ( 1 ) of
to in that Article must relate to products likely to be          Regulation No 158/66/EEC;
acceptable on the import markets of the Community ;
whereas, therefore, the varieties and quality classes            Whereas Article 8 ( 1 ) of Regulation (EEC) No
which could become the subject of such contracts                 2511/69 lays down in particular that compensation
must be determined;                                              shall be paid as soon as proof is forthcoming that, in
                                                                 application of the contracts concluded, the goods in
Whereas, if the objectives set out in Article 6 of the
said Regulation are to be achieved, the contracts                question have been made available to the purchaser
must be concluded before the marketing seasons for               on the territory of the importing Member State;
mandarins or the different varieties or oranges con­             whereas that proof may be furnished by the control
cerned begin; whereas the minimum quantities which               copy of the Community transit document as provided
could be the subject of contracts and the intervals              for in Commission Regulation (EEC) No 2315/694 of
between deliveries must be so fixed as to allow the               19 November 1969 on the use of Community transit
                                                                 documents for the purpose of applying Community
objectives referred to above to be achieved; whereas,            measures for verifying the use and/or destination of
however, special conditions must be laid down for                goods ; whereas the additional information necessary
contracts to be concluded during the 1969/70 year;
                                                                 for such verification must be provided in that
                                                                 document by the party concerned;
Whereas for supervision purposes certain inrormation
must appear in the contracts;                                    Whereas the measures provided for in this Regulation
                                                                 are in accordance with the Opinion of the
                                                                 Management Committee for Fruit and Vegetables ;
1 OJ No 192, 27.10.1966, p. 3282/66.
2 OJ No L 318, 18.12.1969, p. 14.
3 OJ No L 318, 18.12.1969, p. 1 .                                4 OJ No L 295, 24.11.1969, p. 14.
 ---pagebreak---                                         Official Journal of the European Communities                                     67
HAS ADOPTED THIS REGULATION :                                      2. Throughout the period of the contract, the
                                                                    minimum quantity to be delivered every fortnight
                           Article 1                                shall be 15 metric tons/net per product or, in the case
                                                                    of oranges, per variety of the product.
All    the    contracts   referred   to  in   Article  7  of
Regulation (EEC) No 2511/69 shall be concluded in                                          Article 4
writing between a seller established in a producer
Member State and a buyer established in another                    1 . Each contract concluded shall specify in
Member State .
                                                                   particular :
                                                                   — the nature of the products concerned and, in the
                           Article 2                                    case of oranges, the varieties,
The products likely to be the subject of contracts are :           — the net tonnage to which it relates, subdivided by
                                                                        variety for oranges,
— mandarins of the 'Extra' Class and Class I,                      — the dates between which products will be
— oranges of the following varieties ; Moro,                            consigned to the buyer and the intervals between
     Tarocco, Ovale . calabrese, Belladonna, Navel,                     consignments,
     Valencia late, Sanguinello and Sanguigno of the               — the importing Member State.
     'Extra' Class and Class I.
                                                                   2.     A copy of each contract concluded shall be
                           Article 3                               forwarded, before the date on which it comes into
                                                                   effect, to the competent authority of the exporting
1 . Depending on the product or, in the case of                    Member State. The latter shall keep the importing
oranges, the variety of the product, contracts shall be            Member State and the Commission regularly
                                                                   informed of contracts concluded and of amendements
concluded not later than the dates shown in Annex I
                                                                   thereto .
hereto and shall satisfy, without prejudice to
paragraph 2, at least the conditions laid down in that
same Annex in respect of:                                                                  Article 5
— their period (column 3 )                                         1.     Quantities delivered in excess of those laid
— the overall quantities to which they relate                      down in a contract shall qualify for the financial
     (column 4).                                                   compensation referred to in Article 8 of Regulation
                                                                   (EEC) No 2511/69 on condition that the delivery of
For the year 1969/70, however,                                     those additional quantities was agreed between the
                                                                   contracting parties in the form of an amendment to
(a) the closing date for concluding contracts shall be             their contract and that products of the same kind or,
      fixed at 15 March,                                           in the case of oranges, of the same variety as those
                                                                   which formed the subject of the contract are
(b ) the period of the contract shall be at least :                involved.
     — fifteen days for madarins and oranges of the                The amendment(s) to a contract shall be forwarded
          Moro, Tarocco, Navel            and Belladonna           to the authority of the exporting Member State in
          varieties,                                               accordance with the conditions laid down in Article
                                                                   4 (2).
     — thirty days for oranges of the Sanguinello and
          Sanguigno varieties,                                     2.     Except in cases of force majeure, financial
     — forty-five days for oranges of the Ovale and                compensation shall not be granted if the quantities
          Valencia late varieties ;                                delivered to the buyer do not amount to :
                                                                   — for a period of a fortnight : 80% of the quantity
      the quantities to which they relate shall be at                  laid down in Article 3 (2),
      least :
                                                                   — for the duration of the contract : 90% of the
      — metric tons/net for the products referred to                   minimum quantities referred to in Article 3 ( 1 )
          under (b), first indent,
     — 30 metric tons/net for the products referred                                        Article 6
          to under (b), second indent,
     — 45 metric tons/net for the products referred                Each consignment under the contract shall, on
          to under (b ), third indent.                             leaving the dispatch area, be inspected as laid down
 ---pagebreak---   68                                  Official Journal of the European Communities
  in the second subparagraph of Article 5 ( 1 ) of                                        Article 9
  Regulation No 158/66/EEC in accordance with the
  provisions to that effect.                                     The proof referred to in the third subparagraph of
                                                                 Article 8 ( 1 ) of Regulation (EEC) No 2511/69 can
                          Article 7
                                                                 only be furnished by submitting the control copy
                                                                 referred to in Article 1 of Regulation (EEC) No
                                                                 2315/69
  The amount of the financial compensation referred to
  in Article 8 of Regulation (EEC) No. 2511/69,
  expressed in units of account per 100 kg net, shall be         In particular :
  fixed at the levels shown in Annex II. ,                       — the nature of the products,                   ,
                                                                 — the quality class, and
                          Article 8
                                                                 — in the case of oranges, the variety
  For each contract, the application for financial               shall be entered in space 31 of the control copy.
  compensation shall be made by the seller to the
  competent authority on completion of the contract              Spaces 101 and 103 of the control copy shall be com­
  and of any amendments thereto.                                 pleted. Space 104 shall be completed by deleting as
                                                                 necessary and substituting one of the following:
  That application shall include in particular:
                                                                 'marchandises destinées à être mises a la consomma­
  ( a) the names of the seller and the buyer,                    tion en                                                  2
                                                                 par                           8'
  (b) the overall quantities delivered under the
        contract, expressed in net weight and subdivided,        'Waren, die bestimmt sind zur Überführung in den
        where appropriate, by product or, in the case of         freien Verkehr in                                        2
        oranges, by variety,                                      durch                       : . .3'
  (c) For each consignment, the date, the means of               'merci destinate ad essero immesse in consumo
       transport used, the quantities of products                in                           ..2 dal                    3'
       expressed in net weight and subdivided, where
       appropriate, by product or, in the case of                'goederen bestemd om ten verbruik te worden in­
        oranges, by variety.                                     gevoerd in                         2 door               3'
                                                                  (Goods     intended    to    be      put on the    market
  The application shall be accompanied, for each                 in                               2
                                                                                                      by                 #)
  consignment under the contract, by a copy of the'
  control certificate prescribed by Regulation (EEC)
                                                                                          Article 10
  No 2638/691 laying down additional provisions on
  quality control of fruit and vegetables marketed
. within the Community and that certificate shall                This Regulation shall enter into force on the date of
  indicate the net weight of the goods which, in the             its publication in the Official Journal of the European­
  case of oranges, shall be shown for each variety.               Communities .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 2 February 1970.
                                                                                       For the Commission
                                                                                          The President
                                                                                             Jean REY '
                                                                  2 Particulars of the importing Member State.
   1 OJ No L 327, 30.12.1969, p. 33 .                             3 Name and address of the buyer.
 ---pagebreak---                           Official Journal of the European Communities                                    69
                                                  ANNEX 1
    Products or varieties         Closing date             Minimum term                Minimum quantities
             (D             for concluding contracts          of contract                 (net weight)
                                       (2)                        (3)                          (4)
 I. MANDARINS                    1 December                    45 days                  45 metric tons
II . ORANGES
     Moro                        1 December                    60 days                  60 metric tons
     Tarocco                     1 December                    60 days                  60 metric tons
     Navel                       1 December                 . 30 days                   30 metric tons
     Belladonna                  1 January                     30 days                  30 metric tons
     Sanguinello                15 January                     60 days                  60 metric tons
      Sanguigno                 15 January                     60 days                  60 metric tons
      Ovale calabrese           15 March                       45 days                  45 metric tons
      Valencia late             15 March                       45 days                  45 metric tons
                                                 ANNEX U
                                                              Financial compensation
                                                             (in u.a . per 100 kg net)
                Products
                                            Year 1969/70
                                                  1970/71           Year 1972/73            Year 1973 /74
                                                  1971 /72
MANDARINS                                        4-0                    3-0                      2-0
ORANGES
— Moro, Tarocco, Ovale,
    calabrese, Belladonna,
    Navel, Valencia late                         5-0                    3-75                     2-5
— Sanguinello                                    4-0                    3-0                      2-0
— Sanguigno                                      3-0                    2-25                     1-5