8. 4.76 Official Journal of the European Communities No L 93/3 COUNCIL REGULATION (EEC) No 794/76 of 6 April 1976 laying down further measures for reorganizing Community fruit production 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, Having regard to the opinion of the European Parlia- ment (1), Whereas, notwithstanding the application of the reor- ganization measures provided for in Council Regula- tion (EEC) No 2517/69 of 9 December 1969 laying down certain measures for reorganizing Community fruit production (?), as last amended by Regulation (EEC) No 2456/72(%), the Community market in apples and pears still shows an imbalance between supply and demand; whereas that situation results largely from excess supply of apples of the ‘Golden Delicious’, ‘Starking Delicious’ and ‘Imperatore’ varie- ties and pears of the ‘Passe Crassane’ variety ; Whereas the measures adopted to steady the market are not of a nature to overcome such difficulties; whereas action should therefore be taken to adjust production potential of these varieties so far as possible to present and foreseeable outlets for Commu- nity products ; Whereas, in order to encourage action of this kind, some inducement should be offered to growers to relinquish their production, wholly or in part, of the products in question ; whereas, to that end, provision should be made for Member States to grant premiums to growers who, having agreed to grub all or part of their orchard of apples and pears of the said varieties also undertake not to extend, for a specified period, the part of the orchard which they have retained; whereas, for the sake of fairness, the undertakings given by recipients of the premiums provided for in Regulation (EEC) No 2517/69 should be adjusted accordingly ; Whereas the amount of the grubbing premium must be fixed at a level which takes into account the cost of grubbing and the temporary loss of income ; (1) OJ No C 53, 8. 3. 1976, p. 24. () O No L 318, 18. 12. 1969, p. 15. () O] No L 266, 25. 11. 1972, p. 9. Whereas, to ensure that the rules for granting grub- bing premiums are correctly applied, national aid designed to achieve aims similar to those pursued through the abovementioned rules for granting premiums may only be granted when requests for such aid have been submitted before the entry into force of this Regulation ; Whereas the proposed measures are in the interest of the Community and aim to attain the objectives laid down in Article 39 (1) (a) of the Treaty ; whereas they therefore constitute a common measure within the meaning of Article 6 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (*), as last amended by Regulation (EEC) No 2788/72(%); Whereas the expenditure arising from the granting of grubbing premiums should be financed on a Commu- nity basis, HAS ADOPTED THIS REGULATION : Article 1 At their request and under the conditions specified below, Community fruit growers shall qualify for a premium for grubbing : — apple trees of the ‘Golden Delicious’, Starking Delicious’ and ‘Imperatore’ varieties and pear trees of the ‘Passe Crassane’ variety ; — trees of varieties other than those mentioned above if those varieties are necessary for the fertili- zation of the ‘Golden Delicious’, ‘Starking Deli- cious’, ‘Imperatore’ or ‘Passe Crassane’ varieties. The rules for granting that premium, in particular with regard to the minimum number and age of trees, shall be adopted in accordance with the procedure laid down in Article 33 of Council Regulation 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 793/76 (). (*) OJ No L 94, 29. 4. 1970, p. 13. () OJ No L 295, 30. 12. 1972, p. 1. () O] No L 118, 20. 5. 1972, p. 1. () See page 1 of this Official Journal.