31. 10. 95 Official Journal of the European Communities No L 260/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2534/95 of 24 October 1995 on free distribution outside the Community of fruit and vegetables withdrawn from the market during the 1995/96 marketing year THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having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('), and in particular Article 35 thereof, Having regard to the proposal from the Commission, Whereas withdrawals from the market during the 1995/96 marketing year under Regulation (EEC) No 1035/72 can be expected, particularly of apples and oranges; Whereas Article 21 of Regulation (EEC) No 1035/72 specifies the possible recipients of withdrawn products ; Whereas in order to improve the food supply of the peoples in certain third countries, and in particular of the victims of the conflict in the former Yugoslavia, it should be made possible for apples, oranges and any other fruit and vegetables withdrawn from the market to be sent to these countries via charitable organizations approved by the Member States ; Whereas this possibility is not provided for by Article 21 of Regulation (EEC) No 1035/72; whereas, however, given the food supply difficulties for some third country peoples, and in particular the victims of the conflict in question and the volumes of apples and organges with- drawn from the Community market, a derogation should exceptionally be made to the said Article 21 in order to enable the organizations concerned to deliver products withdrawn from the market with a view to their free distribution as humanitarian aid to the said victims; {") OJ No L 118, 20. 5. 1972, p. 1. Regulation as last amended by Commission Regulation (EC) No 1363/95 (O] No L 132, 16. 6. 1995, p. 8). Whereas sorting, packing and transport costs for fruit and vegetables withdrawn from the market that are assigned for free distribution may be taken over pursuant to Commission Regulation (EEC) No 3587/86 of 20 November 1986 fixing the conversion factors to be applied to the buy-in prices for fruit and vegetables (3), Commission Regulation (EEC) No 2103/90 of 23 July 1990 laying down the conditions for taking over sorting and packing costs relating to the free distribution of apples and citrus fruit(®), and Commission Regulation (EEC) No 2276/92 of 4 August 1992 laying down detailed rules for the application of Article 21 of Council Regula- tion (EEC) No 1035/72 on the common organization of the market in fruit and vegetables (*); Whereas it should be borne in mind that transport costs outside the Community of the products concerned will be met by the charitable organizations carrying out the distribution operations in question ; Whereas, so that the viability of each operation can be checked, prior authorization should be required from the Commission ; Whereas it will be necessary for Member States to see that operations are properly carried out and to report subse- quently to the Commission ; Whereas, if supply difficulties in a third country and the situation on the Community market so warrant, the Commission may, after consulting the Management Committee for Fruit and Vegetables, decide to apply this Regulation to other fruit and vegetables withdrawn from the market or other destinations, (® OJ No L 334, 27. 11. 1986, p. 1. Regulation as last amended by Regulation (EC) No 1363/95 (OJ No L 132, 16. 6. 1995, 8 p- 8). () OJ No L 191, 24. 7. 1990, p. 19. Regulation as last amended by Regulation (EC) No 1363/95 (OJ No L 132, 16. 6. 1995, p. 8 ( OJ No L 220, 5. 8. 1992, p. 22. Regulation as last amended by Regulation (EC) No 1363/95 (OJ No L 132, 16. 6. 1995, p. 8).