Council Regulation (EEC) No 1123/89 of 27 April 1989 amending Regulation (EEC) No 2601/69 with respect to the processing aid scheme and amending the rules for applying the intervention thresholds for certain citrus fruits

COUNCIL REGULATION (EEC) No 1123/89 of 27 April 1989 amending Regulation (EEC) No 2601/69 with respect to the processing aid scheme and amending the rules for applying the intervention thresholds for certain citrus fruits
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 89 (2) and 234 (3) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Regulation (EEC) No 2601/69 (4), as last amended by Regulation (EEC) No 2241/88 (5), lays down a system of financial compensation to encourage the processing of certain varieties of oranges under contracts ensuring regular supply to the  processing industry at a minimum buying-in price to the producer;
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;
Whereas the production of mandarins continues to exceed the market's absorption possibilities; whereas the conversion 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 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 the arrangements in force for oranges, and the  processing of satsumas and clementines into segments in tins, during the 1989/90 to 1991/92 marketing years inclusive;
Whereas, pursuant to Articles 16 (4), 18 (1) and 19 (1) of Regulation (EEC) 1035/72 (6), as last amended by Regulation (EEC) No 1119/89 (7), the withdrawal prices for
oranges, mandarins, satsumas and clementines are those of products in bulk in a means of transport, all varieties and sizes taken together;
Whereas, to encourage producers to present their products for processing rather than for withdrawal, provision should be made that the minimum processing price is to be fixed at the level of the highest withdrawal price of each applying during the  periods when major quantities are withdrawn;
Whereas, in order to avoid any distortion of competition, provision should be made for financial compensation granted for the processing of mandarins, satsumas and clementines to be fixed at a level such that for each of the products the difference  between the minimum price and the 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;
Whereas, with regard to the processing of satsumas and clementines into segments in tins, the financial compensation should be set at the level of the financial compensation granted for the processing into juice of these same products;
Whereas, in order to ensure the effectiveness of the thresholds existing in the citrus sector, on account of the amendments introduced by this Regulation into the processing aid arrangements for those products, the rules for applying those thresholds  must be amended to take account of the quantities delivered for processing;
Whereas point 4 of Article 119 of the Act of Accession limited to certain varieties of oranges eligible for aid for processing in Spain for the first four marketing years following accession; whereas, bearing in mind the whole set of measures taken in  the orange-processing sector, the aforesaid provisions of the Act of Accession should no longer be applied during the 1989/90 marketing year,