31986R1576

24 . 5 . 86 Official Journal of the European Communities No L 139 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1576/86 of 23 May 1986 amending Regulation ( EEC) No 727/70 on the common organization of the market in raw tobacco

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , in order not to disturb the conversion process currently under way in the Community , the recognized production areas for each variety should be fixed annu­ Having regard to the Treaty establishing the European ally ; whereas each Member State should therefore be Economic Community , and in particular Article 43 required to submit an application to the Commission thereof, each year for recognition of the production areas in which each variety is to be grown for the following Having regard to the proposal from the harvest , Commission ('),

Having regard to the opinion of the European HAS ADOPTED THIS REGULATION : Parliament (2),

Having regard to the opinion of the Economic and Article 1 Social Committee ( 3),

Regulation ( EEC ) No 727 / 70 is hereby amended as Whereas all the mechanisms provided for in Council follows : Regulation ( EEC ) No 727 /70 (4), as last amended by Regulation ( EEC ) No 1461 / 82 (5), are applicable to 1 . Article 2 (4) is replaced by the following : each variety of tobacco produced in the Community ; ' 4 . Community-produced varieties of tobacco whereas the concept of varieties of tobacco was defined shall mean types differentiated according to their in Article 2 (4) of Regulation ( EEC ) No 727 / 70 ; where­ botanical characteristics and the cultivation tech­ as , pursuant to the said Article, varieties of tobacco niques used , but not so as to exclude consideration , means types differentiated according to their botanical characteristics , but not so as to exclude consideration , where necessary, of ecological modification of those types . where necessary, of ecological modifications of those types ; The concept of " variety " defined in the first sub­ paragraph shall apply according to the production areas recognized for each variety . The Member Whereas the name of each variety corresponds to a States shall apply to the Commission before specific botanical type ; whereas the botanical criterion 30 September of each year for recognition of the also covers genetic and morphological characteristics production areas in which each variety is to be and factors relating to soil and climate ; whereas , in grown for harvesting during the following calendar addition to this criterion , cultivation techniques com­ year.' prising methods of cultivation, yield and methods of drying and packaging the tobacco should also be taken into consideration ; whereas these two criteria enable 2 . Article 2 (3 ) (b) is replaced by the following : each Community-produced variety to be precisely iden­ '(b) for each Community-produced variety grown tified ; in recognized production areas ;'.

Whereas only qualities produced in certain production 3 . In Article 2 ( 5 ), after the expression 'reference qual­ areas have the characteristics peculiar to each variety ; ities ', the following words are added : ' and produc­ tion areas '.

4. The following paragraph 6 is added to Article 2 : (') OJ No C 85 , 14 . 4. 1986 , p. 60 . ' 6 . Detailed rules for the application of this (2) OJ No C 120, 20 . 5 . 1986 . ( 3 ) OJ No C 118 , 20 . 5 . 1986 . Article, and in particular the definition of varieties, (4) OJ No L 94, 28 . 4. 1970, p . 1 . shall be adopted in accordance with the procedure ( s) OJ No L 164, 14. 6 . 1982 , p . 27 . laid down in Article 17 .'

No L 139 / 2 Official Journal of the European Communities 24 . 5 . 86

5 . Article 4 ( 3 ) ( b ) is replaced by the following : A rticle 2 '(b ) for each Community-produced variety coming from recognized production areas and for the This Regulation shall enter into force on the day of its corresponding reference quality .' publication in the Official Journal of the European Communities . 6 . Article 6 ( 3 ) ( b ) is replaced by the following : '( b ) for each Community-produced variety coming from recognized production areas ." It shall apply from the 1986 harvest .

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

Done at Brussels , 23 May 1986 .

For the Council The President G. BRAKS