Avis juridique important

Council Regulation (EEC) No 1331/90 of 14 May 1990 fixing, for the 1990 harvest, the norm and intervention prices and the premiums granted to purchasers of leaf tabacco, the derived intervention prices for baled tabacco, the reference qualities, the production areas and the guaranteed maximum quantities for the 1991 harvest and amending Regulation (EEC) No 1252/89 Official Journal L 132 , 23/05/1990 P. 0028 - 0051

COUNCIL REGULATION (EEC) N° 1331/90 of 14 May 1990 fixing, for the 1990 harvest, the norm and intervention prices and the premiums granted to purchasers of leaf tobacco, the derived intervention prices for baled tobacco, the reference qualities, the production areas and the guaranteed maximum quantities for the 1991 harvest and amending Regulation (EEC) No 1252/89 THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) N° 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by Regulation (EEC) N° 1329/90 (2), and in particular Article 2 (5), Article 4 (4) and (5) and Article 6 (8) thereof, Having regard to the proposal from the Commission (3), Having regard to the opinion of the European Parliament (4), Having regard to the opinion of the Economic and Social Committee (5), Having regard to the opinion of the Monetary Committee, Whereas, when the prices for raw tobacco are fixed, account should be taken both of the objectives of the common agricultural policy and of the contribution which the Community wishes to make to the harmonious development of world trade; whereas the objectives of the common agricultural policy are, in particular, to ensure a fair standard of living for the agricultural community, to assure the availability of supplies and to ensure that supplies reach consumers at reasonable prices; Whereas the norm and intervention prices for leaf tobacco must be fixed in accordance with the criteria laid down in Article 2 (2) of Regulation (EEC) No 727/70 in order, in particular, to encourage producers to convert to the cultivation of those varieties which are most in demand and most competitive as well as being the least harmful to health; Whereas it is again desirable to fix, in respect of the 1990 harvest, derived intervention prices both for the varieties which, before the common organization of the market came into force or, in the case of varieties grown in Greece, Spain and Portugal, prior to accession, qualified for a price guarantee at the baled tobacco stage and for the varieties which are grown mainly in Germany, in order to take account of the marketing practices in that country; Whereas Article 4 (5) of Regulation (EEC) N° 727/70 stipulates the fixing each year, for the following year's harvest and within an overall quantity for the Community, and in line with the criteria specified in that Article, of a maximum guaranteed quantity for each tobacco variety or group of varieties grown in the Community, any overrun of which leads to a proportional reduction in the norm and intervention prices and in the premiums; whereas these maximum guaranteed quantities must therefore be set for the 1991 harvest; Whereas, when the provisions on the production quantity control arrangements are applied, account should be taken of the differences in quality depending on the characteristics of the soil and the climate; whereas those conditions are met for the varieties Badischer Burley and Paraguay; whereas maximum guaranteed quantities should consequently be fixed for specific production areas for these varieties; Whereas Regulation (EEC) N° 1252/89 (6) fixes in particular the maximum guaranteed quantities for each variety or group of varieties of tobacco from the 1990 harvest; whereas, however, in view of the major, unforeseen changes which have occurred in the supply of and demand for certain varieties, the maximum guaranteed quantities for certain varieties should be adjusted in the interest of the producers; producers; Whereas the premium granted to purchasers of Community tobacco is intended to enable them to pay producers of leaf tobacco a price which is at the level of the norm price, account being taken of the trend in world market prices, and the level of prices established by the interaction of supply and demand on the Community market; Whereas the abovementioned prices and the amount of the amount of the premium must be fixed for each variety produced in recognized production areas and for a reference quality defined in such a way that as objective an assessment as possible can be made of the quality of the tobacco; Whereas, for the 1990 harvest, the recognized production areas for each variety of tobacco should be specified and the definitions of the reference qualities should be those laid down in Council Regulation (EEC) No 1252/89; Whereas Regulation (EEC) No 1179/90 (7) provides that a new representative rate for tobacco is to apply from 14 May 1990 to the currencies of certain Member States; whereasthat provision results, as from that date, in a reduction in terms of national currency of premiums fixed in ecus for a substantial part of the harvest in the Member States where the representative rate is revalued; whereas the whole harvest in a year should be treated in the same way in view of the characteristics of the sector; whereas that aim may be achieved if the old rate of exchange in the Member States concerned is made applicable to premiums paid for the 1989 harvest, HAS ADOPTED THIS REGULATION: Article 1 For the 1990 harvest, the reference qualities and recognized production areas for each of the varieties of Community-produced leaf tobacco referred to in Article 2 (3) (b) and (c) of Regulation (EEC) N° 727/70, shall be as set out respectively in Annexes I and III to this Regulation. Article 2 For the 1990 harvest, the reference qualities and recognized production areas referred to in Article 6 (3) (b) and (c) of Regulation (EEC) N° 727/70, for each of the varieties of Community-produced baled tobacco in respect of which a derived intervention price is fixed, shall be as set out respectively in Annexes II and III to this Regulation. Article 3 1. For the 1990 harvest, the norm and intervention prices and the amounts of the premium granted to purchasers of leaf tobacco, referred to in Articles 2 and 3 of Regulation (EEC) No 727/70, and the derived intervention prices for baled tobacco referred to in Article 6 of the said Regulation, shall be as set out in Annex IV to this Regulation. 2. Without prejudice to Article 7a of Regulation (EEC) No 727/70, the prices and premiums shall apply only provided that each of the varieties was grown in the corresponding production areas as set out in Annex III to this Regulation. 3. For the 1991 harvest, the maximum guaranteed quantities of leaf tobacco provided for in Article 4 (5) of Regulation (EEC) No 727/70 shall be as set out in the second column of Annex V to this Regulation. Article 4 Annex V to Regulation (EEC) N° 1252/89 is hereby amended as set out in the first column of Annex V to this Regulation. Article 5 The conversion rate to be applied in Germany to the premiums applying to the 1989 tobacco harvest shall be the representative rate applying to the currency in question before 14 May 1990. Article 6 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1990. For the Council The President D. J. O'MALLEY (1) OJ N° L 94, 28. 4. 1970, p. 1. (2) See page 25 of this Official Journal. (3) OJ N° C 49, 28. 2. 1990, p. 103. (4) OJ N° C 96, 17. 4. 1990. (5) OJ N° C 112, 7. 5. 1990, p. 34. (6) OJ N° L 129, 11. 5. 1989, p. 17. (7) OJ N° L 119, 11. 5. 1990, p. 1. ANNEX I Leaf tobacco: varieties and their reference qualities for the 1990 harvest > TABLE POSITION> ANNEX II Baled tobacco: varieties and their reference qualities for the 1990 harvest > TABLE POSITION> ANNEX III Recognized production areas for each Community-produced tobacco variety > TABLE POSITION> ANNEX IV Norm prices, intervention prices and premiums for leaf tobacco from the 1990 harvest Derived intervention prices for baled tobacco from 1990 harvest >TABLE> ANNEX V Maximum guaranteed quantities by variety and group of varieties for tobacco from the 1990 and 1991 harvests (leaf tobacco) >TABLE>

COUNCIL REGULATION (EEC) N° 1331/90

of 14 May 1990

fixing, for the 1990 harvest, the norm and intervention prices and the premiums granted to purchasers of leaf tobacco, the derived intervention prices for baled tobacco, the reference qualities, the production areas and the guaranteed maximum quantities for the 1991 harvest and amending Regulation (EEC) No 1252/89

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) N° 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by Regulation (EEC)

N° 1329/90 (2), and in particular Article 2 (5), Article 4 (4) and (5) and Article 6 (8) thereof,

Having regard to the proposal from the Commission (3),

Having regard to the opinion of the European Parliament (4),

Having regard to the opinion of the Economic and Social Committee (5),

Having regard to the opinion of the Monetary Committee,

Whereas, when the prices for raw tobacco are fixed, account should be taken both of the objectives of the common agricultural policy and of the contribution which the Community wishes to make to the harmonious development of world trade; whereas the objectives of the common agricultural policy are, in particular, to ensure a fair standard of living for the agricultural community, to assure the availability of supplies and to ensure that supplies reach consumers at reasonable prices;

Whereas the norm and intervention prices for leaf tobacco must be fixed in accordance with the criteria laid down in Article 2 (2) of Regulation (EEC) No 727/70 in order, in particular, to encourage producers to convert to the cultivation of those varieties which are most in demand and most competitive as well as being the least harmful to health;

Whereas it is again desirable to fix, in respect of the 1990 harvest, derived intervention prices both for the varieties which, before the common organization of the market came into force or, in the case of varieties grown in Greece, Spain and Portugal, prior to accession, qualified for a price guarantee at the baled tobacco stage and for the varieties which are grown mainly in Germany, in order to take account of the marketing practices in that country;

Whereas Article 4 (5) of Regulation (EEC) N° 727/70 stipulates the fixing each year, for the following year's harvest and within an overall quantity for the Community, and in line with the criteria specified in that Article, of a maximum guaranteed quantity for each tobacco variety or group of varieties grown in the Community, any overrun of which leads to a proportional reduction in the norm and intervention prices and in the premiums; whereas these maximum guaranteed quantities must therefore be set for the 1991 harvest;

Whereas, when the provisions on the production quantity control arrangements are applied, account should be taken of the differences in quality depending on the characteristics of the soil and the climate; whereas those conditions are met for the varieties Badischer Burley and Paraguay; whereas maximum guaranteed quantities should consequently be fixed for specific production areas for these varieties;

Whereas Regulation (EEC) N° 1252/89 (6) fixes in particular the maximum guaranteed quantities for each variety or group of varieties of tobacco from the 1990 harvest; whereas, however, in view of the major, unforeseen changes which have occurred in the supply of and demand for certain varieties, the maximum guaranteed quantities for certain varieties should be adjusted in the interest of the producers;

producers;

Whereas the premium granted to purchasers of Community tobacco is intended to enable them to pay producers of leaf tobacco a price which is at the level of the norm price, account being taken of the trend in world market prices, and the level of prices established by the interaction of supply and demand on the Community market;

Whereas the abovementioned prices and the amount of the amount of the premium must be fixed for each variety produced in recognized production areas and for a reference quality defined in such a way that as objective an assessment as possible can be made of the quality of the tobacco;

Whereas, for the 1990 harvest, the recognized production areas for each variety of tobacco should be specified and the definitions of the reference qualities should be those laid down in Council Regulation (EEC) No 1252/89;

Whereas Regulation (EEC) No 1179/90 (7) provides that a

new representative rate for tobacco is to apply from 14 May

1990 to the currencies of certain Member States;

whereasthat provision results, as from that date, in a

reduction in terms of national currency of premiums fixed in

ecus for a substantial part of the harvest in the Member

States where the representative rate is revalued; whereas the whole harvest in a year should be treated in the same way in view of the characteristics of the sector; whereas that aim may be achieved if the old rate of exchange in the Member States concerned is made applicable to premiums paid for the 1989 harvest,

HAS ADOPTED THIS REGULATION:

For the 1990 harvest, the reference qualities and recognized production areas for each of the varieties of Community-produced leaf tobacco referred to in Article 2 (3) (b) and (c) of Regulation (EEC) N° 727/70, shall be as set out respectively in Annexes I and III to this Regulation.

For the 1990 harvest, the reference qualities and recognized production areas referred to in Article 6 (3) (b) and (c) of Regulation (EEC) N° 727/70, for each of the varieties of Community-produced baled tobacco in respect of which a derived intervention price is fixed, shall be as set out respectively in Annexes II and III to this Regulation.

1. For the 1990 harvest, the norm and intervention prices and the amounts of the premium granted to purchasers of leaf tobacco, referred to in Articles 2 and 3 of Regulation (EEC)

No 727/70, and the derived intervention prices for baled tobacco referred to in Article 6 of the said Regulation, shall be as set out in Annex IV to this Regulation.

2. Without prejudice to Article 7a of Regulation (EEC) No 727/70, the prices and premiums shall apply only provided that each of the varieties was grown in the corresponding production areas as set out in Annex III to this Regulation.

3. For the 1991 harvest, the maximum guaranteed quantities of leaf tobacco provided for in Article 4 (5) of Regulation (EEC) No 727/70 shall be as set out in the second column of Annex V to this Regulation.

Article 4

Annex V to Regulation (EEC) N° 1252/89 is hereby amended as set out in the first column of Annex V to this Regulation.

Article 5

The conversion rate to be applied in Germany to the premiums applying to the 1989 tobacco harvest shall be the representative rate applying to the currency in question before 14 May 1990.

Article 6

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

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

Done at Brussels, 14 May 1990.

For the Council

The President

D. J. O'MALLEY

(1) OJ N° L 94, 28. 4. 1970, p. 1.

(2) See page 25 of this Official Journal.

(3) OJ N° C 49, 28. 2. 1990, p. 103.

(4) OJ N° C 96, 17. 4. 1990.

(5) OJ N° C 112, 7. 5. 1990, p. 34.

(6) OJ N° L 129, 11. 5. 1989, p. 17.

(7) OJ N° L 119, 11. 5. 1990, p. 1.

ANNEX I

Leaf tobacco: varieties and their reference qualities for the 1990 harvest

> TABLE POSITION>

ANNEX II

Baled tobacco: varieties and their reference qualities for the 1990 harvest

> TABLE POSITION>

ANNEX III

Recognized production areas for each Community-produced tobacco variety

> TABLE POSITION>

ANNEX IV

Norm prices, intervention prices and premiums for leaf tobacco from the 1990 harvest Derived intervention prices for baled tobacco from 1990 harvest

>TABLE>

ANNEX V

Maximum guaranteed quantities by variety and group of varieties for tobacco from the 1990 and 1991 harvests (leaf tobacco)

>TABLE>