88/109/EEC: Commission Decision of 18 December 1987 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.735 - New potatoes) (Only the French text is authentic)

• Articles: 3

Article 1

Pursuant to Article 2 (1) of Regulation No 26, the provisions of Article 85 (1) of the EEC Treaty are hereby declared inapplicable to the agreements and decisions of the type mentioned in the Annex to this Decision which have been concluded or adopted by the producer groups and economic committees likewise mentioned in the Annex.

Article 2

This Decision is addressed to the economic committees and producer groups listed in the Annex.

Done at Brussels, 18 December 1987.

For the Commission

Peter SUTHERLAND

Member of the Commission

(1) OJ No 30, 20. 4. 1962, p. 993/62.

(2) OJ No 53, 1. 7. 1962, p. 1571/62.

(3) See the summary of the request published in OJ No C 159, 17. 6. 1987, p. 2.

(1) Case 6/72, Europemballage-Continental Can, Judgment of 21. 2. 1973, (1973) ECR 215, point 24; Case 26/76 Metro SB, Judgment of 25. 10. 1977, (1977) ECR 1875, point 21.

Schedules & Appendices

ANNEX

I. List of the regional agricultural economic committees and producer groups referred to in Article 1 of the Decision

1. Comité Economique Agricole Régional Fruits et Légumes de Bretagne (CERAFEL) to which are affiliated the following producer groups:

- SICA de Saint-Pol-de-Léon,

- Socoprim,

- SYPA,

- Coopérative des agriculteurs de Bretagne,

- Union des coopératives Saint Pol,

- Syndicat de Pont l'Abbé,

- Union des coopératives Paimpol Tréguier,

- Coopérative la Paimpolaise,

- Sipefel,

- APPRM,

- GAARM,

- SICA des producteurs de légumes du Morbihan.

2. CEAFL Aquitaine, to which are affiliated the following producer groups:

- Bassin de l'Adour,

- Ucofel,

- Apucmin,

- Sicoma,

- Uniprovend,

- Sicafel.

3. CEAFL Basse-Normandie, to which are affiliated the following producer groups:

- Coopérative légumière du Val de Saire,

- Union des producteurs de légumes du Nord Cotentin,

- Coopérative La Normande,

- Union des producteurs de légumes du Nord-Ouest Cotentin.

4. CEAFL Val de Loire, to which are affiliated the following producer groups:

- Coopérative agricole des producteurs de pommes de terre de Noirmoutiers,

- Coopérative maraichère de l'île de Ré.

5. CEAFL Languedoc-Roussillon, to which are affiliated the following producer groups:

- Union des coopératives,

- SOPRO,

- Syndicat de Meynes,

- Sica Covial,

- Coopérative Aramon.

6. CEAFL Nord de la France, to which are affiliated the following producer groups:

- Essor agricole,

- Copaixor.

7. CEAFL Provence, to which are affiliated the following producer groups:

- Syndicat de défense des producteurs de pommes de terre de Chateaurenard,

- SOREP,

- Fruitcoprovence,

- Groupement des producteurs du Sud-Est Orange,

- Sica l'Avignonnaise,

- Cavaillon Provence Primeur.

II. The rules and decisions designed to organize and regulate the production and marketing of new potatoes which were adopted or implemented by the seven economic committees in question and their affiliated producer groups during the last three seasons are as follows:

1. General rules of the producer groups and economic committees laying down an obligation to supply the produce to be marketed to the group alone and an obligation to sell it solely within the markets organized by the economic committees.

2. Specific rules adopted by the recognized economic committees while the season is in progress. These rules, which are applied by all the committees with one or two regional variations, may be classified as follows: (a) Rules on harvest forecasts and the provision of information. These rules require the communication at the start of the season of a list of areas planted. During the season lifting forecasts, quantities unsold that day and the day before and the destinations of produce are communicated on a daily basis;

(b) Setting of quotas for quantities lifted, fixed according to market conditions and sales possibilities. As far as production is concerned, guidelines may be issued on seed potatoes and varieties;

(c) Grading and sizing rules.

Compliance with a minimum size (30 or 32 mm);

(d) Fixing of a withdrawal price and the related daily minimum price;

(e) Financial contributions towards:

- administrative and monitoring costs,

- promotion of the region's image,

- experimentation.

The contributions vary from one region to another depending on the measures taken, ranging from FF 38 per tonne in Aquitaine and FF 40 per tonne in the Loire region to FF 80 per tonne in Brittany, where a special regional potato promotion campaign is under way;

(f) Monitoring rules.

Obligation on the part of producers and the market preparation stations they supply to mark containers so as to indicate the product's origin and its conformity with the rules laid down. Failure to do so is punishable by a fine.

All these rules have been approved by the Minister for Agriculture within the framework of the French fruit and vegetables legislation.