Regulation (EEC) No 2454/72 of the Council of 21 November 1972 amending Regulation (EEC) No 1035/72 on the common organisation of the market in fruit and vegetables

( 1 ) OJ NO L 118 , 20 . 5 . 1972 , P . 1 .
REGULATION ( EEC ) NO 2454/72 OF THE COUNCIL OF 21 NOVEMBER 1972 AMENDING REGULATION ( EEC ) NO 1035/72 ON THE COMMON ORGANISATION OF THE MARKET IN FRUIT AND VEGETABLES
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 PROPOSAL FROM THE COMMISSION ;
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;
WHEREAS ARTICLE 16 OF COUNCIL REGULATION ( EEC ) NO 1035/72 ( 1 ) OF 18 MAY 1972 , ON THE COMMON ORGANISATION OF THE MARKET IN FRUIT AND VEGETABLES , LAYS DOWN CRITERIA FOR FIXING BASIC AND BUYING-IN PRICES ; WHEREAS EXPERIENCE HAS SHOWN THAT THESE CRITERIA ARE TOO RIGID TO ENABLE THESE PRICES TO BE FIXED AT LEVELS SUCH AS ENSURE THE STABILISATION OF PRICES AT A FAIR LEVEL FOR THE PRODUCER WITHOUT THE FORMATION OF STRUCTURAL SURPLUSES IN THE COMMUNITY ; WHEREAS IN ORDER TO OFFSET THIS DISADVANTAGE THE MATHEMATICAL CRITERION FOR FIXING THE BASIC PRICE SHOULD NO LONGER BE RETAINED ;
WHEREAS ARTICLE 18 OF REGULATION ( EEC ) NO 1035/72 LAYS DOWN THAT THE MEMBER STATES SHALL GRANT FINANCIAL COMPENSATION TO PRODUCERS' ORGANISATIONS WHICH INTERVENE ON THE MARKET , PROVIDED THAT THEIR WITHDRAWAL PRICE DOES NOT EXCEED THE LEVEL SPECIFIED IN THE SAID ARTICLE ;
WHEREAS EXPERIENCE HAS SHOWN THAT , IN ORDER TO ENSURE MORE EFFECTIVE SUPPORT OF THE MARKET , THE POSSIBILITY SHOULD BE PROVIDED FOR OF AUTHORISING GROUPS OF PRODUCERS TO FIX THEIR WITHDRAWAL PRICE AT A HIGHER LEVEL WITHOUT , HOWEVER , LOSING THE BENEFIT OF FINANCIAL COMPENSATION ;
WHEREAS ARTICLE 19 ( 1 ) OF REGULATION ( EEC ) NO 1035/72 LAYS DOWN THAT WHERE FOR A GIVEN PRODUCT THE PRICES REMAIN BELOW THE BUYING-IN PRICE FOR THREE CONSECUTIVE MARKET DAYS THE COMMISSION SHALL RECORD THAT THE MARKET IN THE PRODUCT IN QUESTION IS IN A STATE OF SERIOUS CRISIS ; WHEREAS PARAGRAPH 2 OF THE SAID ARTICLE LAYS DOWN THAT UPON SUCH FINDING THE MEMBER STATES SHALL ENSURE , THROUGH THE BODIES OR NATURAL OR LEGAL PERSONS APPOINTED BY THEM FOR THE PURPOSE , THE BUYING-IN OF PRODUCTS OF COMMUNITY ORIGIN OFFERED TO THEM ;
WHEREAS EXPERIENCE HAS SHOWN THAT AS WITHDRAWALS MADE BY GROUPS OF PRODUCERS COVER A LARGE PROPORTION OF PRODUCTION THE MEMBER STATES NO LONGER HAVE RECOURSE TO PUBLIC BUYING-IN EXCEPT IN ITALY FOR A LIMITED NUMBER OF PRODUCTS ; WHEREAS IN CONSEQUENCE THE AFOREMENTIONED PROVISIONS SHOULD BE AMENDED BY LAYING DOWN THAT A STATE OF SERIOUS CRISIS SHOULD BE RECORDED ONLY AT THE REQUEST OF THE MEMBER STATE CONCERNED ;
WHEREAS ARTICLE 21 ( 1 ) OF REGULATION ( EEC ) NO 1035/72 DETERMINES THE USES AND PURPOSES OF PRODUCTS WITHDRAWN FROM THE MARKET ; WHEREAS IN CERTAIN CASES THESE DIFFERENT USES HAVE BEEN SHOWN TO BE INSUFFICIENT TO ENSURE DISPOSAL OF THE SAID PRODUCTS ; WHEREAS IT IS THEREFORE ADVISABLE TO LAY DOWN IN ADDITION IN CERTAIN CASES THAT THESE PRODUCTS MAY BE USED AFTER PROCESSING BY DISTRIBUTING THEM TO SCHOOLS ;
WHEREAS EXPERIENCE HAS SHOWN THAT THE CRITERIA FOR FIXING REFERENCE PRICES LAID DOWN IN ARTICLE 23 OF REGULATION ( EEC ) NO 1035/72 ARE TOO RIGID TO ENABLE THESE PRICES TO BE FIXED AT LEVELS THAT ENSURE PROTECTION OF COMMUNITY PRODUCTS WITHOUT HARMING THE INTERESTS OF CONSUMERS ; WHEREAS IN ORDER TO OFFSET THIS DISADVANTAGE THESE CRITERIA SHOULD THEREFORE BE AMENDED ;
WHEREAS ARTICLE 24 ( 3 ) OF THE AFOREMENTIONED REGULATION LAYS DOWN THAT , FOR CALCULATING THE ENTRY PRICE , THE COST OF TRANSPORTING PRODUCTS FROM THE FRONTIER CROSSING POINT TO THE REPRESENTATIVE IMPORT MARKETS SHALL BE DEDUCTED FROM THE PRICES ; WHEREAS , AS A RESULT OF THIS SYSTEM WHICH HAS LED IN PARTICULAR TO THE APPLICATION OF FORFEITS TO AVOID DISCRIMINATIONS BASED ON THE DIFFERENT MEANS OF TRANSPORT , COMMUNITY PRODUCTS HAVE BEEN AT A DISADVANTAGE ON CERTAIN MARKETS IN RELATION TO IMPORTED PRODUCTS ; WHEREAS IN ORDER TO ELIMINATE THIS DISADVANTAGE CONSIDERATION SHOULD BE GIVEN , WHEN FIXING THE REFERENCE PRICE , TO THE COST OF TRANSPORTING COMMUNITY PRODUCTS BETWEEN PRODUCTION AREAS AND THE LARGE CONSUMPTION CENTRES ; WHEREAS , IN VIEW OF THE SPECIAL MEASURES TAKEN TO ENSURE OUTLETS FOR COMMUNITY PRODUCTION OF ORANGES , MANDARINS , SATSUMAS , CLEMENTINES , TANGERINES AND OTHER SIMILAR CITRUS HYBRIDS , TRANSPORT COSTS SHOULD NOT BE TAKEN INTO ACCOUNT WHEN CALCULATING THE REFERENCE PRICE FOR THESE PRODUCTS ;
WHEREAS ARTICLE 24 OF REGULATION ( EEC ) NO 1035/72 LAYS DOWN THE CRITERIA FOR CALCULATING THE ENTRY PRICE OF IMPORTED PRODUCTS ; WHEREAS EXPERIENCE HAS SHOWN THAT THE RECORDED RATES DO NOT ALWAYS GIVE A TRUE PICTURE OF THE MARKET SITUATION BECAUSE THEY SOMETIMES REFER TO A SMALL PROPORTION OF THE GOODS PLACED ON THE MARKET ; WHEREAS THE NATURE OF THE PRICES AND THE QUANTITIES OF THE PRODUCTS TO BE TAKEN INTO CONSIDERATION WHEN CALCULATING THE ENTRY PRICE SHOULD HENCEFORTH BE SPECIFIED ;
WHEREAS , FOR CERTAIN PRODUCTS WHICH ARE PARTICULARLY SENSITIVE TO MARKET FLUCTUATIONS , AND WHERE IN PARTICULAR THE PRICES RECORDED ON THE REPRESENTATIVE IMPORT MARKETS REFER TO QUANTITIES WHICH ARE NEGLIGIBLE IN RELATION TO TOTAL IMPORTS WHEN THE COMMUNITY MARKET IS CHARACTERISED BY FALLING PRICES FOR COMMUNITY PRODUCTS , THE LATTER PRICES SHOULD BE USED FOR CALCULATING THE ENTRY PRICE ;
WHEREAS , WHERE SIGNIFICANT QUANTITIES OF CERTAIN PRODUCTS ARE THE SUBJECT OF INTERVENTION MEASURES , IMPORTS OF SUCH PRODUCTS FROM THIRD COUNTRIES ARE LIKELY TO AGGRAVATE THE STATE OF THE COMMUNITY MARKET STILL FURTHER ; WHEREAS IN ORDER TO OFFSET THIS DISADVANTAGE , THE COMMUNITY SHOULD BE ENABLED TO TAKE ALL THE NECESSARY MEASURES RAPIDLY ;
WHEREAS THE SYSTEM PROVIDED FOR IN ARTICLE 30 OF REGULATION ( EEC ) NO 1035/72 DOES NOT , AS REGARDS PRODUCTS WHICH ARE MARKETED ONLY FOR A FEW MONTHS , ENABLE REFUNDS TO BE GRANTED FOR EXPORTS EFFECTED AT THE BEGINNING OF THE MARKETING YEAR ; WHEREAS TO REMEDY THESE DIFFICULTIES THIS SYSTEM SHOULD BE ADAPTED SO THAT THE REFUND MAY BE CALCULATED ON THE BASIS OF PRICES OBTAINING ON THE COMMUNITY MARKET AT THE BEGINNING OF THE MARKETING YEAR ;
WHEREAS EXPERIENCE HAS SHOWN THAT THE MEASURES TAKEN DO NOT IN ALL CASES OFFER A SECURITY WHICH SATISFIES TRADE REQUIREMENTS AS REGARDS THE PERIOD OF VALIDITY OF THE REFUNDS ; WHEREAS IT IS THEREFORE IMPORTANT TO PROVIDE FOR THE POSSIBILITY OF FIXING THE REFUND IN ADVANCE IN THE FRUIT AND VEGETABLES SECTOR FOR CONTRACTS CONCLUDED BEFORE OR DURING THE MARKETING YEAR ,