31986R0461

1.3.86 Official Journal of the European Communities No L 53 / 15

COUNCIL REGULATION (EEC) No 461 /86 of 25 February 1986 laying down, on account of the accession of Spain and Portugal, rules on the production aid system in respect of processed fruit and vegetables

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas the representative period should cover a span assuring a smooth passage from the existing arrange­ ments in Spain and Portugal to those provided for in Having regard to the Treaty establishing the European the Act of Accession ; Economic Community,

Whereas the Act of Accession has exhaustively prov­ Having regard to the Act of Accession of Spain and ided for the measures to be applied in Spain and Portu­ Portugal, in particular Articles 89 ( 1 ) and 234 (2), gal during the transitional period ; whereas as a conse­ quence thereof processing of products for which no minimum price is established before the first move Having regard to Council Regulation ( EEC ) No 426/ 86 towards alignment, should not lead to the granting of of 24 February 1986 on the common organization of production aid ; the market in products processed from fruit and vegeta­ bles ('), Whereas Articles 69 and 237 of the Act of Accession provide that in the event that on accession the variation Having regard to the proposal from the Commission , between the price level for a product in Spain or Portu­ gal and the common price is minimal , the common price may be applied in Spain and Portugal for the Whereas Articles 118(1 ) first indent and 304(1 ) first product ; whereas the application of that possibility indent of the Act of Accession lay down that the mini­ would simplify the management of the production aid mum price referred to in Article 4 of Regulation ( EEC) system and the application would not create economic No 426/ 86 shall be established on the basis of the price disturbances ; fixed in Spain and Portugal , respectively under the pre­ vious national arrangements for the products intended for processing ; Whereas Article 1 18 (3 ) (b ) and (6) of the Act of Acces­ sion limits during the first four marketing years the Whereas such prices have been fixed : granting of production aid in Spain for tomato based products and for peaches in syrup ; whereas — in Portugal for fresh tomatoes, except for the San Article 304 (3 ) (b) of the Act of Accession limits during Marzano variety , the first five marketing years the granting of production aid in Portugal for tomato based products ; whereas it is necessary to fix detailed rules for the application of — in Spain for fresh tomatoes, except for tomatoes these limitations ; intended for processing into non-whole peeled tomatoes ;

Whereas similar rules are already applied to other prod­ Whereas the San Marzano variety are not used for pro­ ucts benefiting from production aid ; whereas the cessing in Portugal ; necessary rules should be adopted in accordance with the same procedure as that used for the adoption of the rules already in application ; Whereas Articles 118(1 ) second indent and 304(1 ) second indent of the Act of Accession lay down that in cases where no prices are fixed under previous national arrangements, the minimum prices referred to in Article 4 of Regulation ( EEC) No 426/ 86 shall be HAS ADOPTED THIS REGULATION : established on the basis of prices paid in Spain and Portugal to producers for the product intended for pro­ cessing, as recorded during a representative period to be determined ; Article 1

1 . The representative periods as referred to in Article 118(1 ) second indent and 304 ( 1 ) second indent of the Act of Accession shall cover the following (') OJ No L 49 , 27 . 2 . 1986 , p. 1 . periods :

No L 53 / 16 Official Journal of the European Communities 1 . 3 . 86

Marketing years Products Spain Portugal

Peaches 1982 / 83 1981 / 82 1983 / 84 and 1982 / 83 and 1984 / 85 1983 / 84 Williams pears 1982 / 83 and 1981 / 82 1983 / 84 1982 / 83 and 1983 / 84 Dried ' d'Ente ' plums 1982 / 83 No production 1983 / 84 and 1984/ 85 Bigarreaux cherries and other sweet cherries 1982 / 83 1981 / 82 1983 / 84 and 1982 / 83 and 1984 / 85 1983 / 84 Dried figs 1982 / 83 1983 / 84 1983 / 84 and 1984 / 85 Tomatoes intended for processing into non­ 1985 / 86 whole peeled tomatoes , preserved or frozen

Article 2 2 . In cases where processing is carried out in Spain or Portugal during the first transitional period of products of the type which could benefit from production aid at Detailed rules for the application of the provisions lim­ the moment of the Accession but for which no mini­ iting the granting of production aid as provided for in mum price for the raw material is established before the Articles 1 18 (3 ) (b), and (6) and 304 (3 ) (b ) of the Act of first move towards alignment of prices referred to in Accession , in particular rules on : Article 70 of the Act of Accession , such products shall — allocation of specific quantities to processors, and not benefit from any production aid . — the compilation and communication of informa­ tion necessary for implementing the provisions 3 . Where for a given product the difference between the minimum price referred to in Articles 118(1 ) and shall be adopted in accordance with the procedure laid down in Article 22 of Regulation ( EEC ) No 426 / 86 . 304(1 ) of the Act of Accession of Spain and the com­ mon price is less than or equal to 3 % of the common price, the common price shall , by way of derogation Article 3 from the provisions in Article 118 (2), first indent, and 304(2), first indent of that Act, be applied on acces­ sion . This Regulation shall enter into force on 1 March 1986.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 25 February 1986 .

For the Council The President G. BRAKS