Commission Regulation (EEC) No 1445/93 of 11 June 1993 determining the operative events applicable to products in the fruit and vegetables sector, to processed fruit and vegetable products and partly to live plants and floricultural products

• Published date: 12 June 1993
• Subject Matter: Fruit and vegetables
• Official Gazette Publication: Official Journal of the European Communities, L 142, 12 June 1993

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Commission Regulation (EEC) No 1445/93 of 11 June 1993 determining the operative events applicable to products in the fruit and vegetables sector, to processed fruit and vegetable products and partly to live plants and floricultural products

Official Journal L 142 , 12/06/1993 P. 0027 - 0033
Finnish special edition: Chapter 3 Volume 50 P. 0016
Swedish special edition: Chapter 3 Volume 50 P. 0016

COMMISSION REGULATION (EEC) No 1445/93 of 11 June 1993 determining the operative events applicable to products in the fruit and vegetables sector, to processed fruit and vegetable products and partly to live plants and floricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (1), and in particular Article 6 (2) thereof,

Whereas Regulation (EEC) No 3813/92 introduces new agri-monetary arrangements as from 1 January 1993; whereas, within the framework of that Regulation, Commission Regulation (EEC) No 1068/93 of 30 April 1993 on detailed rules for determining and applying the agricultural conversion rates (2) determines the operative events for the agricultural conversion rates to apply after the transitional measures provided for in Article 1 of Commission Regulation (EEC) No 3820/92 (3), without prejudice to further details to be specified or to derogations to be provided for, where appropriate, by regulations covering the product groups concerned on the basis of the criteria set out in Article 6 of Regulation (EEC) No 3813/92; whereas the operative events for the agricultural conversion rates to apply after the transitional measures provided for in Article 1 of Regulation (EEC) No 3820/92 to products in the fruit and vegetables sector, processed fruit and vegetable products and to certain aid for live plants and floricultural products should accordingly be determined and grouped within a single regulation;

Whereas Article 9 of Regulation (EEC) No 1068/93 should apply in connection with the countervailing charge and export refund provided for in Title IV of Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (4), as last amended by Regulation (EEC) No 746/93 (5), in connection with the minimum import price, the countervailing charge and the refund provided for in Title II of Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (6), as last amended by Regulation (EEC) No 1569/92 (7), in connection with the minimum import prices for certain soft fruits originating in Hungary, Poland, the Czech Republic and Slovakia provided for in Article 1 of Council Regulation (EEC) No 1333/92 (8), and in connection with the additional amount fixed in ecus in Article 2 (1) of Council Regulation (EEC) No 1796/81 of 30 June 1981 on measures applicable to imports of preserved cultivated mushrooms (9), as last amended by Regulation (EEC) No 1122/92 (10);

Whereas the fourth indent of Article 10 (1) of Regulation (EEC) No 1068/93 provides that, in the case of withdrawals of products in the fruit and vegetables sector, the operative event for the agricultural conversion rate is to occur on the first day of the month in which the withdrawal takes place; whereas that rule should apply not only to withdrawals pursuant to Articles 15, 15a and 15b of Regulation (EEC) No 1035/72 but also, because related or similar operations are involved, to the maximum sorting and packing costs defrayed in accordance with Commission Regulation (EEC) No 2103/90 (11) for apples and citrus fruit distributed free, and to buying-in pursuant to Articles 19 and 19a of Regulation (EEC) No 1035/72; whereas Article 10 (2) of Regulation (EEC) No 1068/93 may be applied to aid towards the cost of transport of fruit and vegetables distributed free provided for, pursuant to Article 21 of Regulation (EEC) No 1035/72, in Commission Regulation (EEC) No 2276/92 (12);

Whereas there is provision for a system of aid for processing citrus fruit in Council Regulation (EEC) No 2601/69 of 18 December 1969 laying down special measures to encourage the processing of mandarins, satsumas, clementines and oranges (13), as last amended by Regulation (EEC) No 3848/89 (14), and in Council Regulation (EEC) No 1035/77 of 17 May 1977 laying down special measures to encourage the marketing of products processed from lemons (15), as last amended by Regulation (EEC) No 1199/90 (16); whereas that system provides for the granting of aid to the processor subject to payment of a minimum price to the producer; whereas, under those conditions and owing to the very large number of operators, processors and producers involved, pursuant to Article 6 (2) of Regulation (EEC) No 3813/92 and notwithstanding Article 10 (2) of Regulation (EEC) No 1068/93, the operative event for the agricultural conversion rate should be the first day of the month of take-over of the products by the processor; whereas the same should apply to the production of processed fruit and vegetable products qualifying under the system of production aid provided for in Article 2 of Regulation (EEC) No 426/86;

Whereas Council Regulation (EEC) No 525/77 of 14 March 1977 establishing a system of production aid for tinned pineapple (17), as last amended by Regulation (EEC) No 1699/85 (18), introduces an aid scheme for processors subject to payment of a minimum price to pineapple producers; whereas, since there are two harvests in each marketing year, the operative event applicable to each harvest should be fixed at the beginning of the harvest in question;

Whereas, pursuant to Article 19 of Commission Regulation (EEC) No 2159/89 of 18 July 1989 laying down detailed rules for applying the specific measures for nuts and locust beans as provided for in Title IIa of Council Regulation (EEC) No 1035/72 (19), as last amended by Regulation (EEC) No 1461/92 (20), the aid to improve the quality and marketing of nuts and locust beans provided for in Article 14d (2) of Regulation (EEC) No 1035/72 is to be paid at the end of each annual reference period; whereas, pursuant to Article 11 (2) of Regulation (EEC) No 1068/93, the operative event for the agricultural conversion rate applicable to the maximum aid in question, fixed in Article 2 of Regulation (EEC) No 790/89 (21), as last amended by Regulation (EEC) No 832/92 (22), should accordingly be 1 January of each annual reference period;

Whereas Article 10 (1) of Regulation (EEC) No 1068/93 should apply to storage of sultanas, currants and dried figs as referred to in Article 8 of Regulation (EEC) No 426/86 and in particular to the minimum price referred to in Article 8 (2) and to the storage aid referred to in Article 8 (4);

Whereas the amount in ecus in Article 7 (2) of Commission Regulation (EEC) No 627/85 of 12 March 1985 on storage aid and financial compensation for unprocessed dried grapes and figs (23), as amended by Regulation (EEC) No 3602/90 (24), represents the residual value of the stocks of dried figs and dried grapes at the date of the stocktaking referred to in Article 7 (1) of Regulation (EEC) No 627/85; whereas the operative event for the agricultural conversion rate applicable to that amount must be that date;

Whereas Article 10 (1) of Regulation (EEC) No 1068/93 may be applied to sales at prices fixed in advance or by invitation to tender of unprocessed dried grapes and figs held by storage agencies in accordance with Commission Regulation (EEC) No 626/85 (25), as last amended by Regulation (EEC) No 3601/90 (26);

Whereas the second indent of Article 12 (4) of Regulation (EEC) No 1068/93 should apply to the securities referred to in Articles 6 (1), 7 (1) and 13 (2) of Regulation (EEC) No 626/85;

Whereas Article 11 (1) of Regulation (EEC) No 1068/93 should apply to aid for growing sultanas, dried muscatel grapes and currants intended for processing as provided for in Article 6 of Regulation (EEC) No 426/86;

Whereas Article 2 (2) of Council Regulation (EEC) No 1991/92 of 13 July 1992 establishing a special scheme for raspberries intended for processing (27) provides for a one-off flat-rate grant to producers' organizations; whereas, pursuant to paragraph 3 of that Article, the grant is to be calculated on the basis of the production of the producer organization during the first marketing year following special recognition; whereas the operative event for the agricultural conversion rate applicable to the grant should therefore be the first day of that marketing year;

Whereas Article 6 (3) of Regulation (EEC) No 1991/92 provides for the granting of aid to producer organizations for carrying out programmes to improve the competitiveness of the sector producing raspberries for processing and fixes the maximum amount thereof per hectare per year; whereas the operative event for the agricultural conversion rate applicable each year to the amount fixed in Article 6 (3) of Regulation (EEC) No 1991/92 should therefore be the beginning of the marketing year in...