CELEX: 51989PC0040(46)
Language: en
Date: 1989-01-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING THE PROCESSING AID SCHEME AND THE RULES FOR APPLYING THE INTERVENTION THRESHOLDS FOR CERTAIN CITRUS FRUITS

No C 82/62                               Official Journal of the European Communities                                               3. 4. 89
                                                           Proposal for a
                                             COUNCIL REGULATION (EEC) No ...
                                                                of...
                amending the processing aid scheme and the rules for applying the intervention thresholds for
                                                        certain citrus fruits
                                                            (89/C 82/46)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas, to encourage producers to present their products
                                                                      for processing rather than for withdrawal, provision
 Having regard to the Treaty establishing the European                should be made that the minimum processing price is to be
Economic Community, and in particular Article 43 thereof,             fixed at the level of the highest withdrawal price of each
                                                                      applying during the periods when major quantities are
                                                                      withdrawn;
Having regard to the Act of Accession of Spain and
Portugal, and in particular Articles 89(2) and 234(3)
thereof,                                                              Whereas, in order to avoid any distortion of competition,
                                                                      provision should be made for financial compensation
                                                                      granted for the processing of mandarins, satsumas and
Having regard to the proposal from the Commission,                    Clementines to be fixed at a level such that for each of the
                                                                      products the difference between the minimum price and the
Having regard to the opinion of the European Parliament,              financial compensation, i.e. the 'burden on the industry', is
                                                                      identical to that for the purchase of oranges taking account
                                                                      of the difference in juice yield;
Having regard to the opinion of the Economic and Social
Committee,
                                                                      Whereas, in order to ensure the effectiveness of the
                                                                      thresholds existing in the citrus sector, on account of the
Whereas Council Regulation (EEC) No 2601/69 (*), as last              amendments introduced by this Regulation into the
amended by Regulation (EEC) No 2241/88 (2), lays down a               processing aid arrangements for those products, the rules
system of financial compensation to encourage the                     for applying those thresholds must be amended to take
processing of certain varieties of oranges under contracts            account of the quantities delivered for processing,
ensuring regular supply to the processing industry at a
minimum buying-in price to the producer;
                                                                      HAS ADOPTED THIS REGULATION:
Whereas the minimum price to the producer is calculated
on the basis of the buying-in price plus 10 % of the basic
price applying for the varieties of oranges which, owing to
their characteristics, are normally used for processing;                                         Article 1
Whereas the production of mandarins continues to exceed               Regulation      (EEC) N o 2 6 0 1 / 6 9 is hereby a m e n d e d       as
the market's absorbtion possibilities; whereas the conver-            follows:
sion measures currently in force and the other existing
structural measures have not yet produced their full effects;
whereas the production of satsumas and Clementines has                1. T h e title is replaced by the following:
developed considerably; whereas it is therefore necessary
to encourage temporarily the processing of such small
citrus fruits into juice while allowing them to qualify under             'Council Regulation (EEC) N o 2 6 0 1 / 6 9 of 18 D e c e m b e r
the arrangements in force for oranges during the 1989/90 to               1969 laying d o w n special measures to e n c o u r a g e the
1991/92 marketing years inclusive;                                       processing of m a n d a r i n s , s a t s u m a s , Clementines a n d
                                                                         certain varieties of o r a n g e s ' .
Whereas, pursuant to Articles 16(4), 18(1) and 19(1) of
Council Regulation (EEC) No 1035/72 (3), as last amended              2. Article 1 is replaced by the following:
by Regulation (EEC) No ... (4), the withdrawal prices for
oranges, mandarins, satsumas and Clementines are those of
products in bulk in a means of transport, all varieties and               'Article  1
sizes taken together;
                                                                         Measures undertaken in accordance with the rules laid
                                                                         down in Article 2 with a view to ensuring that
(!) OJ No L 324, 27. 12. 1969, p. 21.                                    mandarins, satsumas, Clementines and certain varieties
(2) OJ No L 198, 26. 7. 1988, p. 11.                                     of oranges are put to a use more in keeping with their
(3) OJ No L 118, 20. 5. 1972, p. 1.                                      characteristics by having greater recourse to processing
(4) See page 51 of this Official Journal.                                into juice shall qualify for assistance from the
 ---pagebreak--- 3. 4. 89                                   Official Journal of the European Communities                              No C 82/63
   Guarantee Section of the European Agricultural                                               Article 2
   Guidance and Guarantee Fund, subject to the con-
   ditions and procedure laid down in Article 3.'                     The quantities of oranges delivered for processing under
                                                                      Regulations (EEC) Nos 2601/69 and 3391/87 shall be
3. The second sentence of Article 2(2) is replaced by the             added to the quantities bought in for the assessment of the
   following:                                                         overrun in the threshold fixed for that product pursuant to
   'This price shall be fixed, for each of the products in            Article 16b of Regulation (EEC) No 1035/72. To that end,
   question, at the level of the highest withdrawal price             that threshold shall be increased by a quantity equal to the
   applying during periods of major withdrawals.'                     average of the quantities of oranges in respect of which
                                                                      financial compensation was paid during the 1984/85 to
4. Article 3 is amended as follows:                                   1988/89 marketing years inclusive.
   — the second subparagraph of paragraph 1 is replaced
          by the following:                                                                     Article 3
          'For oranges, the financial compensation shall be           For the purposes of implementing Article 16a(l) and (2) of
          fixed at a level such that the difference between the       Regulation (EEC) No 1035/72, the quantities of man-
          minimum price and the financial compensation, i.e.
                                                                      darins, satsumas and Clementines delivered for processing
          the burden on the industry, does not vary compared
                                                                      under Regulation (EEC) No 2601/69 shall be treated in the
          with the difference in the preceding marketing year
                                                                      same way as:
          by an amount exceeding that resulting from the
          increase in the minimum price, the increase in the          — production intended to be consumed fresh, for fixing of
          difference having in all events to be at least equal to          the intervention thresholds,
          50 % of the increase in the minimum price.
          However, for the 1989/90 marketing year, the                — a quantity qualifying for an intervention measure for the
           financial compensation shall be fixed at a level such           ascertainment of any overrun of the intervention
          that the burden on the industry remains equal to that            thresholds.
           in force during the 1988/89 marketing year.'
   — the following subparagraph is inserted after the                                            Article 4
           second subparagraph in paragraph 1:
                                                                      The detailed rules for applying this Regulation shall be
           'For mandarins, satsumas and Clementines, the
                                                                      adopted in accordance with the procedure laid down in
           financial compensation shall be fixed at a level such
                                                                      Article 33 of Regulation (EEC) No 1035/72.
           that for each of those products the burden on the
           industry shall be equal to the burden on the industry
           for oranges, taking account of differences in juice                                   Article 5
           yields.'
   — the following paragraph la is inserted:                          This Regulation shall enter into force on the third day
                                                                      following its publication in the Official Journal of the
    ' l a . The provisions of Article 1 shall apply to                European Communities.
    mandarins, satsumas and Clementines until the 1991/92
    marketing year inclusive only.'                                    It shall apply from the 1989/90 marketing year.
                  This Regulation shall be binding in its entirety and directly applicable in all Member States.
                  Done at...
                                                                                       For the Council