CELEX: 51989PC0660(45)
Language: en
Date: 1990-01-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1035/72 ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES

NoC49B62                                             Official ]oumal of the European Communities                                              285 2 . 9 0
                                                                              proposal fora
                                                        CC^^NC^RE^^LA^l^N(EEC)No...
                                                                                    of...
                            amendmgRegulation (EEC) No 1035/72 on the common organization ofthe market in fruit
                                                                              and vegetables
                                                                               (90/C49/45)
 TH^eou^e^o^TA^^u^o^A^eo^^^^Tt^                                                            guaranteeing producers control of decisions and the
                                                                                           operation of the organisation and clauses penalising
 having regard to the Ireatv establishing the European                                     infringements of the rules laid down^ whereas recognised
 Economic Community ^ d in particular Article43                                            producers^ organisations should begivenaperiod to adaptto
 thereof,                                                                                  the new provisions^ whereas it should therefore be specified
                                                                                           that the^iember states should verifvcomplianceof the
 having regard to the proposal from the Commission,                                       producers^organi^ations with the provisions asawhole^
 having regard to the opinion of the European parliament,                                 Whereas experience has shown that citrus fruit withdrawn
                                                                                           from the market is normally not disposed of in accordance
 having regard to the opinion of the Economic and social                                  with the facilities provided for in Article 2 1 o f Regulation
 Committee,                                                                                (EEC) No 1035/72^ whereas the citrus fruit harvest is
                                                                                           staggeredoverthemarketingvear^ whereas provision should
 Whereas provision should be made forasimpler procedure                                    bemadeforastructuretoenableproducers^ organisations to
 fordrawingupthelistofproductswhicharetobethesubject                                      plan, rationalise and check withdrawal operations where the
 of common o^ualit^ standards^                                                            production and market situations so require and to improve
                                                                                          theconditionsunderwhichrecourseishadtothepossibilities
                                                                                           of disposal free^
 Whereas Article 7 of Council Regulation (EEC)
 No 1 0 3 5 / 7 2 ( 0 , a s l a s t a m e n d e d b v R e g u l a t i o n ( E E C )
 N o l l l 9 / 8 9 ( ^ ) , l a v s down rules as regards the labelling of                 Whereas Article 15a(l)ofRegulation (EEC) No 1035/72
 fruit and vegetables presented at the retail staged whereasa                             provides that preventive withdrawals of apples andpears
recent trend i n t h e t r a d e i n fruitand vegetableshasled                            ma^ be authorised under certain conditions^ whereas
to an increase in the importance of prepackaged products^                                 paragraphs3 and 4 of that Article provide that those
whereas, to takeaccountofthattrend,itappearssufficientto                                  arrangements are to applv until 30 June 1990 and whereas
applv to those products the provisions on labelling in                                    theCommission will forward to theCouncilbeforethat date
directive 79/112/EEC on the approximation of the laws of                                  areport on the wav those arrangements functions whereas
the member states relatingto the labelling, presentation and                              suchareport has been drawn up and whereas it shows that
advertising of foodstuffs for sale to the ultimate                                        the arrangements have beneficial effects on the marketing
consumers                                                                                 ^ears for the products concerned^ whereas those
                                                                                          arrangements should therefore be made permanent^
Whereas Article 13 ofRegmadon (EEC) No 1035/72 lavs
down provisions regarding producers organisations^                                        Whereas, pursuant to Articles 16 (4),18 ( l ) a n d 19 (2) of
                                                                                          Regulation (EEC) No 1035/72, thepricesatwhich products
Whereas,withaview to making up for the shortcomings of                                    are bought in under Articles 19 and 19a and the financial
the market forcitrusfruitobservedincertain regions of                                     compensation paid under Articlel8ofthat Regulation areto
p r o d u c t i o n s theCommunitv, furtherconditionsonthe                                becalculated on the basisofthebu^ingdn price multiplied b^
recognition of citrus producers^ organisations should be laid                             conversion factors^
down^ whereas those conditionsarelikelv to ensurethat
suchorgani^ations contribute, inparticularb^ improving                                    Whereas producers must be encouraged to deliver their
their efficiency, towards re-establishing balance between                                 surplus products for processings
production and demand on the markets whereas, to
that end, those conditions must include in particular
                                                                                          Whereas the differences in upgrading of the product a s a
totalconcentrationof supplvand adeoeuateregulationof
                                                                                          result of the application of the conversion factors were
production and of placing on the market and the necessarv
                                                                                          established for the needs of the market for products
provisionstoensurethatsuchorgani^ationsprovideproofof
                                                                                          consumed fresh and are not relevant for processings
sufficient economic activity whereas,withaview to that
objective, such organisations must be required to
incorporate in their rules of association precise clauses                                 Whereasthereshouldno longer bevar^ingwithdrawal prices
                                                                                          for lemons according to si^e or form of packaging and
e)O^DLM^n^r^,D.t                                                                          provision should be made for the withdrawal price of such
^)O^DLM^^4.n^,D.n5                                                                        products to be that of products of mi^ed sidings, in bulk ina
                                                                                          means of transports
 ---pagebreak---   28. 2. 90                                 Official Journal of the European Communities                                   No C 49/63
  Whereas withdrawals of citrus fruit in certain regions and in             79/112/EEC. The information required in the
  particular of mandarins and lemons have already attained a                standards must in any case be marked on the package
  very high percentage of the marketable production of the                  containing such units for transport.'
  members of certain producers' organizations; whereas the
  withdrawal system is only an exceptional instrument for
  monitoring the market and does not in itself constitute a                                         Article 2
  method of disposal; whereas the financial compensation paid
  in respect of such withdrawals should be limited where it
                                                                       Title II of Regulation (EEC) No 1035/72 is hereby amended
  appears that a producers' organization has not fulfilled its
                                                                       as follows:
  basic objective of marketing the production of its members;
 whereas such a measure should be applied progressively in
                                                                       1. The following Article 13a is inserted:
  order to permit producers' organizations experiencing
  operating problems to adapt to it;                                        'Article 13a
 Whereas Article 21 of Regulation (EEC) No 1035/72                          1.     Notwithstanding        Article     13,    producers'
 provides that certain classes of blood oranges, withdrawn                  organizations whose main economic activity relates to
 from the market under Articles 15b and 18 of that                          the production and marketing of citrus fruit, hereinafter
  Regulation or bought in in accordance with Articles 19 and                referred to as "citrus fruit producers' organizations",
  19a of that Regulation, may be disposed of to the processing              must meet the following conditions:
 industry under certain conditions; whereas that possibility                (a) they must provide evidence that they have a
 has not been made use of since the 1979/80 marketing year;                      minimum quantity of marketable production and
 whereas the provisions of Council Regulation (EEC)                              have as members a minimum number of
 No 2601/69 (*), as last amended by Regulation (EEC)                             producers;
 No 1123/89 (2), are better suited to encouraging the
                                                                           (b) their articles        of   association    must   include
 processing of such blood oranges; whereas certain provisions
                                                                                  provisions:
 of Article 21 of Regulation (EEC) No 1035/72 should be
 repealed;                                                                        — requiring producers to have their whole citrus
                                                                                      fruit production placed on the market by the
 Whereas, in order to improve the conditions under which                             producers' organizations;
 recourse is had to possibilities of disposal free provided for in               — ensuring producers' control of the producers'
 Article 21 of Regulation (EEC) No 1035/72, on the one                               organization and of its decisions,
 hand provision should be made for the possibility of the
                                                                                 — penalizing any infringement by member
 Community's defraying the costs of sorting and packaging
                                                                                     producers of the rules laid down by the
 the products in question and on the other hand the Member
                                                                                     producers' organizations,
 States should be encouraged to organize contacts between
 producers' organizations and establishments or charitable                       — requiring members to pay contributions in
 organizations; whereas in view of the characteristics of the                        particular     for    the    establishment     and
 harvest and of marketing and of the level of withdrawals of                         maintenance of the intervention fund referred to
 apples and citrus fruit, those provisions should apply only to                      in the last subparagraph of Article 15 (1),
 those products,                                                                 — concerning the admission of new members;
                                                                           (c) they must lay down rules on recording production,
                                                                                 rules on production and rules on marketing;
 HAS ADOPTED THIS REGULATION:                                              (d) they must keep specific accounts for their activities
                                                                                 involving citrus fruit.
                              Article 1                                    2.      Citrus fruit producers' organizations recognized by
                                                                           the Member States at 1 June 1990 must meet the
 Tide I of Regulation (EEC) No 1035/72 is hereby amended                   conditions laid down in paragraph 1 by 1 June 1993 at
 as follows:                                                               the latest.'
 1. The first subparagraph of Article 2 (2) is replaced by the        2. The following Article 13b is inserted:
      following:
                                                                           'Article 13b
      'The Council, acting by a qualified majority on a
      proposal from the Commission, shall decide to which                  1.      Member States shall check compliance by citrus
      products quality standards shall be applied.'                        fruit producers' organizations with the obligations laid in
                                                                           Articles 13 and 13a and shall withdraw recognition
2. The following paragraph is added to Article 7:                          where these are not complied with.
      'However, unit packages of prepacked products intended               2.      By means of checks on documents and on-the-spot
      for direct sale to the consumer shall not be subject to the          checks, the Commission may ensure that the provisions
     rules on labelling laid down in the common quality                    of Articles 13 and 13a are complied with.
     standards but must satisfy the provisions of Directive
                                                                           3.      Detailed rules for the application of Articles 13
(') OJNoL324, 27. 12. 1969, p. 21.                                         and 13a shall be adopted in accordance with the
(2) OJ No L 118, 29. 4. 1989, p. 25.                                      procedure laid down in Article 33.'
 ---pagebreak---  No C 49/64                                Official Journal of the European Communities                                        28. 2. 90
 3. The following paragraphs are added after Article 15                            — 5 0 % for the 1993/94 marketing year,
     (3):                                                                          — 4 0 % from the 1994/95 marketing year.'
     '4.      Citrus fruit withdrawal centres may be set up at
                                                                      3. The following Article 19c is inserted:
     the instigation of and managed by one or more citrus
     fruit producers organizations with a view to:                          'Article 19c
     — centralizing, rationalizing and checking technical                   1.     Producers producing citrus fruit on Community
          and administrative operations connected with                     territory shall declare the quantities of citrus fruit
          withdrawals,                                                     harvested on their holdings for each marketing year.
     — facilitating and planning the disposal of withdrawn                 2.      Detailed rules for the application of this Article
          products for the purposes laid down in Article 21.               shall be adopted in accordance with the procedure laid
     The competent national authorities shall be notified                  down in Article 33.''
     forthwith of the establishment of withdrawal centres.
                                                                      4. Article 21 (1) (c) is replaced by the following:
     The Member State concerned shall forward to the
     Commission before the beginning of each marketing year                '(c) in addition, for all products referred to in this
     a list of withdrawal centres and relevant information on                    paragraph, it may be decided in accordance with the
     the way they operate.                                                       procedure laid down in Article 33 to dispose of
                                                                                 certain categories of such products to the processing
     5.      The Commission shall adopt, as and when                             industry on condition that there is no resulting
     required, detailed rules for the application of this Article                distortion of competition for the industries
     in accordance with the procedure laid down in                               concerned within the Community;'
     Article 33.'
                                                                      5. The following subparagraph is inserted after the first
4. Article 15a (3) and (4) are deleted.                                   subparagraph of Article 21 (3):
                                                                          'Member States shall organize contacts between
                                                                          producers' organizations and establishments or
                             Article 3
                                                                          charitable organizations which may be interested in
                                                                          using citrus fruit and apples withdrawn from the market
Title III of Regulation (EEC) No 1035/72 is hereby
                                                                          within those States' territory with a view to one of the
amended as follows:
                                                                          forms of free distribution referred to in paragraph 1
                                                                          (a).'
1. The following subparagraph is inserted after the third
    subparagraph of Article 16 (4):                                   6. The following paragraph 3a is inserted in Article 21:
    'As regards lemons:                                                   '3a. The Commission shall defray, under conditions to
    — the factor defined for "mixed sizings" shall be applied                     be determined in accordance with the procedure
         whatever the size,                                                       laid down in Article 13 of Council Regulation
                                                                                  (EEC) No 729/70 (*), the costs of sorting and
    — the factor defined for products "in bulk in a means of
                                                                                  packaging connected with the free distribution of
         transport" shall be applied whatever the form of
                                                                                  apples and citrus fruit where the latter is staggered
         packaging.'
                                                                                  under arrangements concluded between producers'
                                                                                  organizations and establishments or charitable
2. The following paragraph 3a is inserted in Article 18:
                                                                                  organizations as referred to in the second
    '3a. In the case of citrus fruit, the financial                               subparagraph of paragraph 3.
            compensation shall be paid to each producers'                 (*) OJ No L 94, 28. 4. 1970, p. 13.'
            organization in respect only of withdrawn
            quantities not exceeding the following percentages
            of marketed production, including withdrawals:                                        Article 4
            — 7 0 % for the 1990/91 marketing year,
                                                                     This Regulation shall enter into force on the third day
           — 65 % for the 1991/92 marketing year,                    following its publication in the Official Journal of the
           — 6 0 % for the 1992/93 marketing year,                   European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, . . .
                                                                                          For the Council