11.5.90 Official Journal of the European Communities No L 119743 COUNCIL REGULATION (EEC) No 1193/90 of 7 May 1990 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 proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas provision should be made for a simpler procedure for drawing up the list of products which are to be the subject of common quality standards; Whereas Article 13 of Regulation (EEC)No 1035/72 (4), as last amended by Regulation (EEC) No 1119/89 (%), lays down:- provisions regarding producers’ organizations; ' Whereas, with a view to making up for the shortcomings of ° the market for citrus fruit observed in certain regions of production in the Community, further conditions on the recognition of citrus producers’ organizations should be laid down; whereas those conditions are likely to ensure that such organizations contribute, in particular by improving their efficiency, towards re-establishing balance between production and demand on- the market; whereas, to that end,- those. conditions must include in particular total concentration of supply and adequate. regulation of production and of placing on the market and the necessary provisions to ensure:that such organizations provide proof of sufficient economic activity; whereas, with a view to that objective, such organizations must be required to incorporate in their rules of assotiation precise clauses guaranteeing producers control of decisions and the operation of the organization and -clauses - penalizing infringements of the rules laid down; whereas recognized producers’ organizations should be given a period to adapt to the new provisions; whereas itshould therefore be specified - that the Member States. should verify compliance of the - producers’ organizations- with the overall provisions applicable to them; Whereas experience has shown that citrus fruit withdrawn from the market is normally not disposed of in accordance with the facilities provided for in Article 21 of Regulation 1 (1) OJ No C 49, 28. 2. 1990, p. 62. (2) O] No C 96, 17. 4. 1990. {3) O] No C 112, 7. 5. 1990, p. 34. (4) OJ No L 118, 20. 5. 1972, p. 1. (5) O] No L 118, 29. 4. 1989, p. 12. (EEC) No 1035/72; whereas the citrus fruit harvest ‘is - staggered over the marketing year; whereas provision should be made for a structure to enable producers’ organizations to plan, rationalize and check withdrawal operations where the production and market situations so require and to improve the conditions under which recourse is had to the possibilities of free disposal; Whereas. Article 15a (1) of Regulation (EEC).No 1035/72 provides that preventive withdrawals of apples and pears may be authorized under certain conditions; whereas paragraphs 3 and 4-of that Article provide that those arrangements are to apply until 30 June 1990; whereas the Commission will forward to the Council before that date a report on the way those arrangements function; whereas such a report has been drawn up; whereas it shows that the arrangements have beneficial effects on the marketing years for the pro&ucts concerned; whereas those arrangements should therefore be made permanent; Whereas, pursuant to Articles 16 (4), 18 (1) and 19 (2) of Regulation (EEC) No 1035/72, the prices at which products are bought in under Articles 19 and 19a and the financial compensation paid under Article 18 of that Regulation are to be calculated on the basis of the buying-in price multiplied by conversion factors; Whereas producers must be encouraged to deliver their surplus products for processing; - Whereas the differences in upgrading of the product as a result- of the application of the conversion factors were - established for the needs of the market for products. consumed fresh and are not relevant for processing; Whereas there should no longer be varying withdrawal prices for lemons according te size or form of packaging and provision should be made for the withdrawal price of such products to be that of produicts of mixed sizings, in bulk in a means of transport; : Whereas withdrawals of citrus fruit in certain regions and in particular of mandarins and lemons have already attained a very high percentage of the marketable production of the members of certain producers’ organizations; whereas the withdrawal system is only an exceptional instrument for monitoring the market and does not in -itself constitute a method of disposal; whereas the financial compensation paid in respect of such withdrawals should be limited where it appears that a producers’ organization has not fulfilled its basic objective of marketing the production of its members; whereas such a measure should be applied progressively in order to permit producers’ organizations experiencing operating problems to adapt to it;