No L 185/16 Official Journal of the European Communities 4.7.92 COMMISSION REGULATION (EEC) No 1826/92 of 3 July 1992 amending Regulation (EEC) No 1596/70 on preventive withdrawals of apples and THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1754/92(), and in particular Article 15a (2) thereof, Whereas the basic production referred to in Commission Regulation (EEC) No 1596/79 (), as last amended by Regulation (EEC) No 1508/91 (%), relates to the production in the Community excluding the territory of the new German Linder; Whereas to take account of production in the new German Linder the basic production of apples and pears should be amended ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 1596/79 is hereby amended as follows : 1. Article 1 is replaced by the following: ‘Article 1 Preventive withdrawals may be authorized only if the crop is expected to exceed by 5 % or more a basic production of : — 7 660 000 tonnes for apples, — 2360000 tonnes for pears. 2. Article 3 (1) is replaced by the following: ‘1. Preventive withdrawals of apples may not exceed 30 % of an expected surplus of up to 766 000 tonnes ; they may not exceed 40 % of an expected surplus of between 766 000 and 1 150 000 tonnes and not exceed 50 % of an expected surplus of over 1 150 000 tonnes, the expected surplus being the difference between the expected crop and the basic production of 7 660 000 tonnes. Preventive withdrawals of pears may not exceed 30 % of an expected surplus of up to 236 000 tonnes; they may not exceed 40 % of an expected surplus of between 236 000 and 354 000 tonnes and not exceed 50 % of an expected surplus of over 354 000 tonnes, the expected surplus being the difference between the expected crop and the basic production of 2 360 000 tonnes.’ Article 2 This Regulation shall enter into force on the third day following 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, 3 July 1992. () OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 180, 1. 7. 1992, p. 23. () OF No L 189, 27. 7. 1979, p. 47. () OJ No L 141, 5. 6. 1991, p. 13. For the Commission Ray MAC SHARRY Member of the Commission