Proposal for a Council Regulation (EC) amending and correcting Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables
C 381/8 EN Official Journal of the European Communities 8. 12. 98 COMMISSION Proposal for a Council Regulation (EC) amending and correcting Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables (98/C 381/07) COM(1998) 647 final - 98/0309(CNS) (Submitted by the Commission on 12 November 1998) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Whereas the present provisions on defrayal by the Community of transport, sorting and packaging costs in connection with certain products withdrawn from the market and then distributed free should apply to all free distribution of withdrawn products, Having regard to the proposal from the Commission, HAS ADOPTED THIS REGULATION: Having Parliament, regard to the opinion of the European Article 1 Having regard to the opinion of the Economic and Social Committee, in and fruit vegetablesØ(˛), Whereas Council Regulation (EEC) No 2200/96 of 28 October 1996 on the common organisation of the market amended by Commission Regulation (EC) No 2520/97Ø(ˇ) as regards certain Combined Nomenclature codes, lays down rules on recognised producer organisations; whereas these rules require members to sell their entire production through the organisation; whereas, however, provision is made for this obligation to be waived for direct sales on the producer’s holding to consumers for their personal needs; whereas a volume restriction applies to such sales; whereas to take account of standard practice in certain parts of the Community this waiver should be extended to embrace direct sales away from the holding but no change should be made in the volume restriction; the English, French, Italian, Portuguese, Whereas Spanish and Swedish versions of Article 15(4)(c) of that Regulation are at variance with the other language versions; whereas they should, therefore, be corrected; (˛) OJ L 297, 21. 11. 1996, p. 1. (ˇ) OJ L 346, 17. 12. 1997, p. 41. Regulation (EC) No 2200/96 is amended as follows: 1. In the first indent of Article 11(1)(c)(3) the words "on their holdings’ are deleted. 2. Article 30(6) is replaced by the following: "6. Ú The Community shall defray, on terms and conditions to be determined in accordance with the procedure laid down in Article 46, transport, sorting and packaging free in costs distribution as provided for in paragraph 1. ’ connection with Article 2 Article 15(4)(c) of Regulation (EC) No 2200/96 replaced by the following: is "(c) make financial provision for the technical and human resources required to ensure compliance with standards, plant health rules and maximum permitted levels of residues. ’ Article 3 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding directly applicable in all Member States. in its entirety and