NoL 183/24 Official Journal of the European Communities 3.7.87 COUNCIL REGULATION (EEC) No 1926/87 of 2 July 1987 amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 89 (2) thereof, Having regard to the proposal from the Commission (*), Having regard to the opinion of the European Par- liament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas a very large proportion of the production of fresh tomatoes is used by the processing industry; whereas this proportion is considerably greater than for any other product of the fruit and vegetables sector covered by the intervention system; Whereas since there are appreciable variations both in the quantities produced from one harvest to another and in the quantities used by the processing industry, considerable quantities delivered to factories may be rereleased onto the market in fresh fruit and vegetables in August and September; whereas the products released onto the market under these circumstances do not meet the quality standards for packaging and presentation which are required if the product is to be delivered fresh to the consumer and which must be complied with if the withdrawal measures provided for in Article 15 of Council Regulation (EEC) No 1035/72 (*), as last amended by Regulation (EEC) No 1351/86 (*), are to be applied; Whereas it should therefore be provided that, in certain cases, products delivered in packages of more than 15 kilograms transported in bulk may be withdrawn from the market; whereas such withdrawal should, nevertheless, be subject to price conditions which take account of the conditions for intervention purchasing; (*) OJ No C 89, 3. 4. 1987, p. 55. (*) OJ No C 156, 15. 6. 1987. ¢) OJ No C 150, 9. 6. 1987, p. 8. () OJ No L 118,20.5.1972, p. 1. () OJ No L 119, 8. 5. 1986, p. 46. Whereas, in order to improve the management of the market in tomatoes, and in particular to improve the pattern of production, growers should be made more aware of the real requirements of the market and of the processing industry in particular; whereas proper control by growers of their production implies that the quantities of tomatoes withdrawn from the market and bought in must be restricted to only those quantities which may result from seasonal variations in production levels; whereas this may be encouraged by fixing, for the Community as a whole, a maximum quantity of tomatoes which may be the subject of intervention measures and which, if exceeded, will entail a reduction in prices for the following marketing year; whereas the abovementioned quantity may be estimated at 10 % of the average quantity of fresh product placed on the market during the last five years, excluding the quantities delivered to the processing industry; Whereas, during the first stage of accession, known as the verification of convergence stage, the Spanish market in the products concerned is not integrated into the market of the Community of Ten and Spain fixes institutional prices in accordance with a price discipline defined in Article 135 of the Act of Accession, whereby price increases may not exceed in value the increase in common prices; whereas, by reason of this special situation of the market in Spain, the reduction of common prices under the abovementioned measures must not affect the level at which prices are fixed in Spain; Whereas, in so far as intervention operations are carried out for tomatoes in Spain and involve Community financing in accordance with Article 133 (3) of the Act, a quantity of tomatoes should be fixed which, if exceeded, will result in a reduction in prices in Spain for the following marketing year; Whereas, in view of the special provisions of the Act and in particular Article 265 thereof, no similar measures need be applied in respect of Portugal during the first stage of transition; Whereas, in the interests of proper market management, it is essential that the market situation, and in particular the conditions under which intervention operations are carried out, should be notified swiftly; whereas, for this purpose, absolute deadlines should be fixed for the most important communications which producer organizations are required to make in connection with the withdrawal system and failure to comply with these deadlines should be penalized by partial or total loss, as appropriate, of the right to financial compensation,