28. 1. 88 Official Journal of the European Communities No L 23/1 (Acts whose publication is obligatory) ' COUNCIL REGULATION (EEC) No 223/88 of 25 January 1988 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 Articles 89 (2) and 234 (3) thereof, Having regard to the Proposal from the Commission (*), Having regard to the opinion of the European Parli- ament (%), Whereas Regulation (EEC) No 1035/72(%), as last amended by Regulation (EEC) No 3910/87 (*), provides for a system of prices and intervention for a number of products in the fruit and vegetables sector; Whereas producers of clementines, satsumas, mandarins and nectarines should be made aware of the real needs of the market in these products; whereas this should be achieved, where appropriate, by defining intervention volumes or thresholds on the market beyond which financial liability should be borne by producers ; Whereas, the consequence of the liability of the producers must be that, whenever intervention exceeds the thresholds, the basic and buying-in prices for those products for the following marketing year are reduced ; Whereas the threshold for each product may be expressed as a percentage of the average quantities produced and intended for consumption as fresh fruit over the last five marketing years for which production figures are avai- lable ; whereas, in the case of mandarins, withdrawals of which already represent a high percentage of production, provision must be made for a degressive percentage coupled with measures to ensure the progressive adjust- ment of producers to the new situation ; () OJ No C 288, 28. 10. 1987, p. 9. () Opinion delivered on 21 January 1988 (not yet published in the Official Journal). . ¢) OJ No L 118, 20. 5. 1972, p. 1. (9 OJ No L 370, 30. 12. 1987, p. 33. 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 as constituted on 31 December 1985 and whereas the Kingdom of Spain fixes institutional prices in accordance with a price discipline defined in Article 135 of the Act of Accession, whereby, in parti- cular, price increases may not exceed in value the increase in common prices ; whereas, by reason of this special situ- ation 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 nectarines, satsumas, clementines and mandarins in Spain and involve Community financing in accordance with Article 133 (3) of the Act of Accession, a quantity of nectarines, satsumas, clementines and mandarins 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 of Accession, and in particular Article 265 thereof, no - similar measures need be applied in respect of Portugal during the first stage of transition ; Whereas satsumas, clementines and nectarines are of particular importance for the income of certain categories of producers ; whereas, therefore, these products should also be included in the prices and intervention system, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 1035/72 is hereby amended as. follows : ) 1. The following Article is inserted : Article 16a 1. Where, in a given marketing year, the quantities of satsumas, clementines, mandarins and nectarines which are the subject of intervention measures in the Community as constituted on 31 December 1985