CELEX: 51989PC0040(12)
Language: en
Date: 1989-01-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION NO 136/66/EEC ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS

3. 4. 89                                Official Journal of the European Communities                                 No C 82/15
                                                         Proposal for a
                                           COUNCIL REGULATION (EEC) No ...
                                                              of...
                 amending Regulation No 136/66/EEC on the establishment of a common organization
                                                 of the market in oils and fats
                                                          (89/C 82/12)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas Article 25 of Regulation No 136/66/EEC sets the
                                                                    dates from which the monthly increases run; whereas in the
                                                                    interests of greater flexibility these dates should instead be
Having regard to the Treaty establishing the European               set in the Regulation determining the monthly increases to
Economic Community, and in particular Article 43 thereof,           be applied during the marketing year;
                                                                    Whereas in the interest of stability of commercial
                                                                    transactions provision was made for advance fixing of
Having regard to the proposal from the Commission,
                                                                    refunds on olive oil; whereas experience has however
                                                                    shown that under certain circumstances, in particular
                                                                    abnormal use of this facility by interested parties, there
Having regard to the opinion of the European Parliament,            have been justifiable fears of difficulties on the market;
                                                                    Whereas to remedy such a situation it would have to be
Having regard to the opinion of the Economic and Social             possible for measures to be taken rapidly; whereas the
Committee,                                                          Commission should therefore be enabled to adopt such
                                                                    measures following consultation of the Management
                                                                    Committee or even, in urgent cases, without waiting for it
                                                                    to meet,
Whereas Article 26 of Council Regulation No 136/66/
EEC (x), as last amended by Regulation (EEC) No ... (2),
stipulates an intervention buying-in price for oilseeds of          HAS ADOPTED THIS REGULATION:
94 % of the intervention price set by the Council for the
marketing year; whereas the monthly increases are
applicable to products bought in by intervention, as is the
supplement for 'double zero' rape seed; whereas if the                                         Article 1
maximum guaranteed quantities are exceeded the buying-
in price is to be reduced by the same amount as the
reduction in the aid; whereas for clarity this provision            Regulation No 136/66/EEC is amended as follows:
should be made more precise;
                                                                    1. Article 24a(l) shall read:
Whereas the sale of rape seed and of sunflower seed to
intervention agencies should be exceptional; whereas                    ' 1 . The target, intervention and intervention buying-
concern for sound management of the market dictates that                in prices for "double zero" rape seed shall be increased
the sale of such seed to user undertakings should be                    by a supplement.'
encouraged; whereas sales by growers to intervention
agencies should therefore be restricted in the next two
marketing years to the final months;                                2. The first paragraph of Article 25 shall read:
                                                                        'To enable sales to be staggered the target prices, the
                                                                        intervention prices and the intervention buying-in prices
Whereas experience has shown that the monthly increases,                shall be increased each month for a period to be
instead of encouraging selling of the product in line with              determined of at least four months running from the
market requirements, can be an obstacle to normal disposal              beginning of the fifth month, by the same amount for all
of production; whereas, moreover, account must be taken                 three prices.'
of the time restriction on the sale of rape seed and of
sunflower seed to the intervention agencies; whereas the
minimum number of monthly increases in the prices of                3. The first subparagraph of Article 26(1) shall read:
these products should in consequence be reduced to four;
                                                                        'Intervention agencies shall buy in from 1 January to 31
                                                                        May, on terms laid down as provided for in paragraphs
(!) OJ No 172, 30. 9. 1966, p. 3025/66.                                 2 and 3, seed of Community origin offered to them. In
(2) OJ No L ...                                                         Spain and Portugal, however, buying-in of sunflower
 ---pagebreak---   No C 82/16                               Official Journal of the European Communities                                    3. 4. 89
     seed shall commence on 1 November. The buying-in                       application of these provisions for the shortest period
     price shall be 94 % of the intervention price. It shall be             absolutely necessary.
     subject to the monthly increases, to the supplement
     indicated in Article 24a and to the reduction indicated in             In cases of extreme urgency the Commission may,
     Article 27a(4).                                                        following examination of the situation on the basis of
                                                                            all the information available to it, decide to suspend
     In the 1989/90 marketing year, however, buying-in shall                advance fixing for a period that may not exceed three
                                                                            working days.
     be carried out from 1 November to 31 May and for
     sunflower seed in Spain and Portugal, from 1 September
     to 31 May in the same marketing year.'                                 During periods of suspension licence applications
                                                                            accompanied by applications for advance fixing may
                                                                            not be lodged.'
                             Article 2
                                                                                                   Article 3
' The following paragraph 4 is added to Article 20.                    This Regulation shall enter into force on the third day
                                                                       following its publication in the Official Journal of the
      '4. If examination of the market situation reveals               European Communities.
      difficulties stemming from application of the provisions
      on advance fixing of the refund, or if there is a risk of        It shall apply from 1 July 1989 to rape seed, from 1 August
      such difficulties arising, a decision may be taken under          1989 to sunflower seed and from 1 November 1989 to olive
      the procedure provided for in Article 38 to suspend              oil.
                 This Regulation shall be binding in its entirety and directly applicable in all Member States.
                 Done at...
                                                                                       For the Council
                                                            Proposal for a
                                             COUNCIL REGULATION (EEC) No ...
                                                                 of...
                  fixing the production target price, the production aid and the intervention price for olive oil
                                                   for the 1989/90 marketing year
                                                             (89/C 82/13)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             market in oils and fats (*), as last amended by Regulation
                                                                       (EEC) No ... (2), and in particular Articles 4(4) and 5(1)
                                                                       thereof,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 43 thereof,
                                                                       Having regard to the proposal from the Commission,
  Having regard to the Act of Accession of Spain and
  Portugal, and in particular Articles 89(1), 92(3), 234(2) and
                                                                       Having regard to the opinion of the European Parliament,
  290(3) thereof,
  Having regard to Council Regulation No 136/66/EEC of                 (!) OJ No 172, 30. 9. 1966, p. 3025/66.
  22 September 1966 on the common organization of the                  (2) See page 15 of this Official Journal.