31970R0193

66 Official Journal of the European Communities

No L 26/6 Official Journal of the. European Communities 3.2.70

REGULATION (EEC) No 193/70 OF THE COMMISSION of 2 February 1970

establishing the procedure for giving effect to measures to promote the marketing of oranges and mandarins in the Community

THE COMMISSION OF THE EUROPEAN COM­ Whereas to ensure that the transactions deriving from MUNITIES, contracts are as productive as possible, financial compensation should also be granted in respect of Having regard to the Treaty establishing the deliveries which are the subject of amendments to the European Economic Community; contracts ;

Having regard to Council Regulation No Whereas, in view of normal trade practices for the 158/66/EEC1 of 25 October 19.66, on applying products in question, a certain latitude in the matter common quality standards to fruit and vegetables of deliveries should be allowed when contracts are marketed within the Community, as last amended by fulfilled ; Council Regulation (EEC) No 2516/692 of 9 December 1969, and in particular Article 5 (2 ) Whereas, when the amount of the financial thereof; compensation is being fixed, the offer price of the Having regard to Council Regulation (EEC) No varieties of oranges and mandarins must be taken into account ; 2511/693 of 9 December 1969, laying down special measures for improving the production and marketing of Community citrus fruit, and in Whereas it is indispensable, if the system is to operate particular Articles 7 and 8 (2) thereof; correctly, to lay down the information required when financial compensation is being applied for; whereas, Whereas, in accordance with the terms of Article 7 of moreover, each consignment should be subject to a Regulation (EEC) No 2511/69, the contracts referred conformity control as provided for in Article 5 ( 1 ) of to in that Article must relate to products likely to be Regulation No 158/66/EEC ; acceptable on the import markets of the Community ; whereas, therefore, the varieties and quality classes Whereas Article 8 ( 1 ) of Regulation (EEC) No which could become the subject of such contracts 2511/69 lays down in particular that compensation must be determined; shall be paid as soon as proof is forthcoming that, in application of the contracts concluded, the goods in Whereas, if the objectives set out in Article 6 of the question have been made available to the purchaser said Regulation are to be achieved, the contracts on the territory of the importing Member State; must be concluded before the marketing seasons for whereas that proof may be furnished by the control mandarins or the different varieties or oranges con­ copy of the Community transit document as provided cerned begin; whereas the minimum quantities which for in Commission Regulation (EEC) No 2315/694 of could be the subject of contracts and the intervals 19 November 1969 on the use of Community transit between deliveries must be so fixed as to allow the documents for the purpose of applying Community objectives referred to above to be achieved; whereas, measures for verifying the use and/or destination of however, special conditions must be laid down for goods ; whereas the additional information necessary contracts to be concluded during the 1969/70 year ; for such verification must be provided in that document by the party concerned; Whereas for supervision purposes certain inrormation must appear in the contracts; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Management Committee for Fruit and Vegetables ; 1 OJ No 192, 27.10.1966, p. 3282/66. 2 OJ No L 318, 18.12.1969, p. 14. 3 OJ No L 318, 18.12.1969, p . 1 . 4 OJ No L 295, 24.11.1969, p. 14.

Official Journal of the European Communities 67

HAS ADOPTED THIS REGULATION : 2. Throughout the period of the contract, the minimum quantity to be delivered every fortnight Article 1 shall be 15 metric tons/net per product or, in the case of oranges, per variety of the product. All the contracts referred to in Article 7 of Regulation (EEC) No 2511/69 shall be concluded in Article 4 writing between a seller established in a producer Member State and a buyer established in another 1 . Each contract concluded shall specify in Member State . particular :

— the nature of the products concerned and, in the Article 2 case of oranges, the varieties, — the net tonnage to which it relates, subdivided by The products likely to be the subject of contracts are : variety for oranges, — mandarins of the 'Extra' Class and Class I, — the dates between which products will be — oranges of the following varieties ; Moro, consigned to the buyer and the intervals between Tarocco, Ovale . calabrese, Belladonna, Navel, consignments , Valencia late, Sanguinello and Sanguigno of the — the importing Member State. 'Extra' Class and Class I. 2. A copy of each contract concluded shall be Article 3 forwarded, before the date on which it comes into effect, to the competent authority of the exporting Member State. The latter shall keep the importing 1 . Depending on the product or, in the case of Member State and the Commission regularly oranges, the variety of the product, contracts shall be informed of contracts concluded and of amendements concluded not later than the dates shown in Annex I thereto . hereto and shall satisfy, without prejudice to paragraph 2, at least the conditions laid down in that same Annex in respect of: Article 5

— their period (column 3 ) 1 . Quantities delivered in excess of those laid — the overall quantities to which they relate down in a contract shall qualify for the financial ( column 4). compensation referred to in Article 8 of Regulation (EEC) No 2511/69 on condition that the delivery of those additional quantities was agreed between the For the year 1969/70, however, contracting parties in the form of an amendment to their contract and that products of the same kind or, (a) the closing date for concluding contracts shall be fixed at 15 March, in the case of oranges, of the same variety as those which formed the subject of the contract are (b ) the period of the contract shall be at least : involved. — fifteen days for madarins and oranges of the The amendment(s ) to a contract shall be forwarded Moro, Tarocco, Navel and Belladonna to the authority of the exporting Member State in varieties, accordance with the conditions laid down in Article 4 (2). — thirty days for oranges of the Sanguinello and Sanguigno varieties, 2. Except in cases of force majeure, financial — forty-five days for oranges of the Ovale and compensation shall not be granted if the quantities Valencia late varieties ; delivered to the buyer do not amount to :

— for a period of a fortnight : 80% of the quantity the quantities to which they relate shall be at laid down in Article 3 (2), least : — for the duration of the contract : 90% of the — metric tons/net for the products referred to minimum quantities referred to in Article 3 ( 1 ) under (b ), first indent,

— 30 metric tons/net for the products referred Article 6 to under (b), second indent, — 45 metric tons/net for the products referred Each consignment under the contract shall, on to under ( b ), third indent. leaving the dispatch area, be inspected as laid down

68 Official Journal of the European Communities

in the second subparagraph of Article 5 ( 1 ) of Article 9 Regulation No 158/66/EEC in accordance with the provisions to that effect. The proof referred to in the third subparagraph of Article 8 ( 1 ) of Regulation (EEC) No 2511/69 can only be furnished by submitting the control copy Article 7 referred to in Article 1 of Regulation (EEC) No 2315/69 The amount of the financial compensation referred to in Article 8 of Regulation (EEC) No. 2511/69, In particular : expressed in units of account per 100 kg net, shall be fixed at the levels shown in Annex II. , — the nature of the products, ,

— the quality class, and Article 8 — in the case of oranges, the variety

For each contract, the application for financial shall be entered in space 31 of the control copy. compensation shall be made by the seller to the competent authority on completion of the contract Spaces 101 and 103 of the control copy shall be com­ and of any amendments thereto. pleted. Space 104 shall be completed by deleting as necessary and substituting one of the following: That application shall include in particular: 'marchandises destinées à être mises a la consomma­ ( a) the names of the seller and the buyer, tion en 2 par 8' (b) the overall quantities delivered under the contract, expressed in net weight and subdivided, 'Waren, die bestimmt sind zur Überführung in den where appropriate, by product or, in the case of freien Verkehr in 2 oranges, by variety, durch : . .3 ' (c) For each consignment, the date, the means of 'merci destinate ad essero immesse in consumo transport used, the quantities of products in ..2 dal 3' expressed in net weight and subdivided, where 'goederen bestemd om ten verbruik te worden in­ appropriate, by product or, in the case of gevoerd in 2 door 3' oranges, by variety. (Goods intended to be put on the market 2 The application shall be accompanied, for each in by # ) consignment under the contract, by a copy of the' control certificate prescribed by Regulation (EEC) Article 10 No 2638/691 laying down additional provisions on quality control of fruit and vegetables marketed . within the Community and that certificate shall This Regulation shall enter into force on the date of indicate the net weight of the goods which, in the its publication in the Official Journal of the European­ case of oranges, shall be shown for each variety. Communities .

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

Done at Brussels, 2 February 1970. For the Commission The President Jean REY '

2 Particulars of the importing Member State . 1 OJ No L 327, 30.12.1969, p. 33 . 3 Name and address of the buyer.

Official Journal of the European Communities 69

ANNEX 1

Products or varieties Closing date Minimum term Minimum quantities for concluding contracts of contract (net weight) (D (2) (3) (4)

I. MANDARINS 1 December 45 days 45 metric tons II . ORANGES Moro 1 December 60 days 60 metric tons Tarocco 1 December 60 days 60 metric tons Navel 1 December . 30 days 30 metric tons Belladonna 1 January 30 days 30 metric tons Sanguinello 15 January 60 days 60 metric tons Sanguigno 15 January 60 days 60 metric tons Ovale calabrese 15 March 45 days 45 metric tons Valencia late 15 March 45 days 45 metric tons

ANNEX U

Financial compensation (in u.a . per 100 kg net) Products Year 1969/70 1970/71 Year 1972/73 Year 1973 /74 1971 /72

MANDARINS 4-0 3-0 2-0

ORANGES — Moro, Tarocco, Ovale, calabrese, Belladonna, Navel, Valencia late 5-0 3-75 2-5 — Sanguinello 4-0 3-0 2-0 — Sanguigno 3-0 2-25 1-5