6. 6. 96 Official Journal of the European Communities No L 135/11 COMMISSION REGULATION (EC) No 1013/96 of 5 June 1996 fixing the level of the intervention threshold for cauliflowers, peaches, nectarines and lemons for the 1996/97 marketing year THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 Commission Regulation (EC) No 1363/95 (3, and in parti- cular Articles 16 a (5) and 16 b (4) thereof, Having regard to Council Regulation (EEC) No 2240/88 of 19 July 1988 fixing, for peaches, lemons and oranges, the rules for applying Article 16 b of Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables (°), as last amended by Regulation (EC) No 1327/95 (*, and in particular Article 1 (3) thereof, Having regard to Council Regulation (EEC) No 1121/89 of 27 April 1989 on the introduction of an intervention threshold for apples and cauliflowers (%), as last amended by Regulation (EC) No 1327/95, and in particular Article 3 thereof, Whereas Article 16a of Regulation (EEC) No 1035/72 defines the criteria for fixing the intervention threshold for nectarines; whereas it is for the Commission to fix this intervention threshold by applying the percentage defined in paragraph 2 of the said Article to the average produc- tion intended for fresh consumption over the last five marketing years for which data are available; Whereas Article 1 of Regulation (EEC) No 2240/88 defines the criteria for fixing the intervention thresholds for peaches and lemons; whereas it is for the Commission to fix these intervention thresholds by applying the percentages defined in paragraphs 1 and 2 of the said Article to the average production intended for fresh consumption in the last five marketing years for which data are available; whereas, however, pursuant to Article 2 of Council Regulation (EEC) No 1199/90 of 7 May 1990 amending Regulation (EEC) No 1035/77 laying down special measures to encourage the marketing of products processed from lemons and amending the rules for applying the intervention threshold for lemons (%) the threshold for lemons thus calculated must be increased by () OJ No L 118, 20. 5. 1972, p. 1. () O] No L 132, 16. 6. 1995, p. 8. () O] No L 198, 26. 7. 1988, p. 9. (4; O] No L 128, 13. 6. 1995, p. 8. () OJ No L 118, 29. 4. 1989, p. 21. () O] No L 119, 11. 5. 1990, p. 61. a quantity equal to the average quantities of lemons de- livered for processing during the 1984/85 to 1988/89 marketing years and paid for at a price at least equal to the minimum price; Whereas Article 2 of Regulation (EEC) No 1121/89 defines the criteria for fixing the intervention threshold for cauliflowers; whereas it is for the Commission to fix this intervention threshold by applying the percentage defined in paragraph 1 of the said Article to the average production intended for fresh consumption in the last five marketing years for which data are available; Whereas it is necessary to determine the period of 12 consecutive months on the basis of which the overrun of intervention thresholds for cauliflowers and lemons pursuant to Article 16 b (1) of Regulation (EEC) No 1035/72 is calculated; 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 The level of intervention thresholds for cauliflowers, peaches, nectarines and lemons for the 1996/97 mar- keting year is fixed as follows: — cauliflowers: 63 800 tonnes, — peaches: 336 200 tonnes, — nectarines: 83 700 tonnes, — lemons: 355 300 tonnes. Article 2 1. The overrun of the intervention threshold for cauli- flowers shall be calculated on the basis of interventions carried out between 1 February 1996 and 31 January 1997. 2. The overrun of the intervention threshold for lemons shall be calculated on the basis of interventions carried out between 1 March 1995 and 28 February 1996. Article 3 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.