Council Regulation (EEC) No 1154/78 of 30 May 1978 amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables and Regulation (EEC) No 2601/69 laying down special measures to encourage the processing of certain varieties of oranges

COUNCIL REGULATION (EEC) No 1154/78  of 30 May 1978  amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables and Regulation (EEC) No 2601/69 laying down special measures to encourage the processing of certain varieties of oranges
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 (1),
Whereas Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (2), as last amended by Regulation (EEC) No 1122/78 (3), does not fix the dates for the beginning and end of the marketing years or seasons for fresh fruit and vegetables produced in the Community ; whereas experience has shown the need, in particular when the representative rates for the various currencies are adjusted, to fix marketing periods at least for products subject to the intervention system or for which there are reference prices;
Whereas, so that there may be fuller information as to quantities produced and quantities coming on to the market, producers who are members of producers' organizations should be required to provide such information when requested by their organization;
Whereas Article 14 of Council Regulation (EEC) No 1035/72 makes provision for measures to encourage the formation and operation of these organizations;
Whereas experience has shown that these measures have not been fully successful in encouraging the formation of producers' organizations in certain regions of the Community ; whereas additional measures should therefore be introduced for a limited period;
Whereas, in order to encourage action by producers' organizations to adapt supplies more closely to market requirements, these organizations should be authorized to withdraw products which, while meeting the quality standards, do not comply with the marketing rules which they have adopted;
Whereas Article 16 (4) of Regulation (EEC) No 1035/72 provides that the price at which the products subject to intervention are bought in pursuant to Article 19 shall be calculated by applying conversion factors to the buying-in price ; whereas, with respect to grapes, there are structural surpluses of this product for which corrective measures have already been taken ; whereas, pending the results of these measures, conversion factors to be applied to the buying-in price to maintain a balance between the intervention price for table grapes and the price obtained by the producer for that same product when intended for wine-making should be determined;
Whereas the markets in peaches and summer pears are particularly sensitive ; whereas it should be possible to follow trends in their prices, even if those of products having the same characteristics as those by reference to which the basic price is fixed are not available ; whereas balancing supply and demand should also be encouraged by permitting Member States to intervene more quickly ; whereas this may be achieved by raising the level of prices and shortening the period of market observation, since these are the two points which are decisive for recording a state of serious crisis for the product concerned;
Whereas Community preference would be better served if reference prices were adjusted to take account of changes in production costs;
Whereas Article 25 of Regulation (EEC) No 1035/72 provides that where it would be appropriate to apply a countervailing charge in respect of a number of exporting countries for the same product over the same period, a single charge shall be applied in respect of those countries unless the entry prices for one or more of those countries are abnormally low in relation to entry prices recorded for the other exporting country or countries concerned ; whereas recent experience has shown that application of these provisions results in repeated adjustments to the countervailing charge, causing uncertainty among traders ; whereas this could be prevented if the situation of each exporting country were treated separately ; whereas appropriate measures should, therefore, be introduced;
Whereas Council Regulation (EEC) No 2601/69 of 18 December 1969 laying down special measures to encourage the processing of certain varieties of oranges (4), as last amended by Regulation (EEC) No 2483/75 (5), lays down the criteria on the basis of which the financial compensation granted to (1)OJ No C 6, 9.1.1978, p. 15. (2)OJ No L 118, 20.5.1972, p. 1. (3)OJ No L 142, 30.5.1978, p. 13. (4)OJ No L 324, 27.12.1969, p. 21. (5)OJ No L 254, 1.10.1975, p. 5.   processors is fixed ; whereas one of these criteria is the price which processors usually pay for their supplies, which is calculated on the basis of the prices obtaining in the industry during the three marketing years preceding the one for which financial compensation is granted ; whereas, following the extension of the granting of financial compensation to include all quantities of oranges bought by the industry, the prices obtaining in the industry are tending to merge with the minimum price ; whereas new criteria for fixing the financial compensation should therefore be laid down ; whereas these criteria should establish a direct link between the movement of the minimum price and changes in the proportion of that price which is payable by the processor,