CELEX: 51994PC0133
Language: en
Date: 1994-04-13
Title: Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) No 1035/72 on the common organisation of the market in fruit and vegetables

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        C0M(94) 133 final
                                        Brussels, 13.04.1994
                                        94/0109 (ACC)
                           Proposal for a
                      COUNCIL REGULATION (EC)
     amending Council Regulation (EEC) No 1035/72 on the common
         organisation of the market in fruit and vegetables
                   (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
Re:  Proposal for a Council Regulation (EC) amending Council Regulation
      (EEC) No 1035/72 on the common organisation of the market in fruit and
     vegetables.
The  Council   has  just  approved,   on a proposal  from  the  Commission,  an
exchange of letters between the European Community and the Republic of Chile
concerning the importation of apples and pears into the European Community.
That exchange of letters provided for Council Regulation (EEC) No 1035/72 on
the common organisation of the market in fruit and vegetables to be amended
as follows: (1) the taking      into account of representative prices for at
least 60V, of the quantities and the calculation of a weighted mean for the
establishment of the entry price, (2) the abolition of the countervailing
charge after    four consecutive working days without a price and       (3) the
provision   that,  in  anticipation   of the abolition  of  the  countervailing
charge, the representative prices for a product of given origin should be
ignored if they relate to negligible quantities.
Since trade in agriculture products with third countries is the exclusive
domain of the Community, the measures must be taken at Community level.
                                   2.
 ---pagebreak---                                          Proposal for a
                              COUNCIL REGULATION      (EC) No     /94
                                                of
              amending Council Regulation (EEC) No 1035/72 on the common
                   organisation of the market in fruit and vegetables
THE COUNCIL OF THE EUROPEAN UNION,
Having      regard    to the   Treaty   establishing     the   European    Community,   and   in
particular Article        113 thereof, as well as Article 28 of Council Regulation
(EEC) No 1035/72 of         18 May 1972 on the common organisation of the market in
fruit and vegetables(1) ,
Having leg.ud t<> tlii' | ii i >| ic >:;.i I 1 i < >m tin' Commission,
Whereas       the   Council   has   approved    the    exchange   of    letters   between    the
European Community        and   the Republic of Chile on the           importation   of  apples
and pears into the European Community;
Whereas that exchange of letters provides for a certain number of amendments
to be made        to Council   Regulation    (EEC) No    1035/72, to wit:      (1) the   taking
into account of representative prices for at least 60V. of the quantities and
the calculation of a weighted mean for the establishment of the entry price,
(2) the abolition of the countervailing charge after four successive working
days without        a price, and     (3) the provision       that,   in anticipation    of   the
abolition       of   the countervailing      charge,    the   representative    prices   for   a
product      of   given  origin    should   be   ignored    it  they    relate  to  negligible
quantities,
(1) OJ No I, lift, 20 . '> . I '>'/:>, p. I, .is. last         amended    by Regulation    ( EC ) No
 3(.()9/'J.i (OJ No I, U K , H.12.r.)0J, p. 2(>).
                                              3
 ---pagebreak--- HAS ADOPTED THIS REGULATION
                                   Article 1
Regulation (EEC) No 1035/72 is hereby amended as follows:
1.   In Article 24(3), "the mean of the representative prices" is replaced
     by "the weighted mean of the representative prices" and "at least 30%"
     is replaced by "at least 60%".
2.   In Article 26(1), "six consecutive working days" is replaced by "four
     consecutive working days" and the following subparagraph is added:
          "For the purposes of applying    the first sentence of the second
          subparagraph, prices shall be ignored if the quantities found on
         the representative markets for which the prices are available are
          negli gi ble.".
                                   Article 2
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
 ---pagebreak---         FINANCIAL                       STATEMENT
                                                                                Date:  5.4.1994
1. BUDGET HEADING: 1000                                                        APPROPRIATIONS:
                                                                                ECU 1 023.4 million
2. TITLE: Proposal for a Council Regulation amending Council Regulation   (EEC) No 1035/72 on the common
          organization of the market in fruit and vegetables.
3. LEGAL BASIS: Article 113 of the Treaty
4. AIMS OF PROJECT: To modiiy the methods used for calculating the representative rates and providing for the
                    possible imposition of compensatory levies on imports of fruit and vegetables from third
                    countries.
5. FINANCIAL IMPLICATIONS                  PERIOD OF 12 MONTHS       CURRENT FINANCIAL         FOLLOWING  FINANCIAL
                                              (ECU million)                  (94)                      (95)
                                                                        (ECU million)             (ECU million)
5.0. EXPENDITURE
     - CHARGED TO THE EC BUDGET
       (REFUNDS)
     - NATIONAL ADMINISTRATION
     - OTHER
5.1. REVENUE
   - OWN RESOURCES OF THE EC
     (CUSTOMS DUTIES)                              p . in.                   p. m.                     p.m.
                                                1996              1997                  1998              1999
5.0.1. ESTIMATED EXPENDITURE
5.1.1. ESTIMATED REVENUE                        p.m.              p.m.                  p.m.              p.m.
5.2. METHOD OF CALCULATION:
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY?
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
COMMENTS:
     Any compensatory levy would be around 50% of the current average levy.
     Imposition of this levy would therefore result in a fall in receipts.
                                                           MA-
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 133 final
                                                      DOCUMENTS
EN                                                                          1103
                                 Catalogue number : CB-CO-94-141-EN-C
                                                             ISBN 92-77-67567-5
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