# COMMISSION REGULATION (EC) No 124/2008

of 12 February 2008

derogating from Regulation (EC) No 1535/2003 as regards the delivery periods for pears for the 2007/2008 marketing year

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products [^1] , and in particular Article 6 thereof,

Whereas:

**(1)** The aid scheme established by Regulation (EC) No 2201/96 has been repealed, from 1 January 2008, by Council Regulation (EC) No 1182/2007 [^2] laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96. However, under Article 55(1) of Regulation (EC) No 1182/2007, that aid scheme remains applicable for the 2007/2008 marketing year for each product concerned.

**(2)** Article 3(2)(c) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables [^3] provides that the aid for pears is to be granted solely on pears delivered to the processing industry between 15 July and 15 December.

**(3)** The Italian producer regions endured exceptional circumstances in December 2007 on account of the transport strike which prevented deliveries to the processing industry during a very intense delivery period. As a result, complete delivery by producers required additional working time, leading to delays in the delivery schedule.

**(4)** To prevent producers from being penalised by these circumstances, exceptionally and for the 2007/2008 marketing year only, a derogation should be made from the dates laid down in Article 3(2)(c) of Regulation (EC) No 1535/2003.

**(5)** The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

## **Article 1**

Notwithstanding Article 3(2)(c) of Regulation (EC) No 1535/2003, and for the 2007/2008 marketing year only, aid shall hereby be granted for pears delivered to the processing industry between 15 July 2007 and 15 January 2008.

## **Article 2**

This Regulation shall enter into force on the third day following its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 February 2008. *For the Commission* Mariann FISCHER BOEL *Member of the Commission*

[^1] [OJ L 297, 21.11.1996, p. 29](http://publications.europa.eu/resource/oj/JOL_1996_297_R_TOC) . Regulation as last amended by Regulation (EC) No 1234/2007 ( [OJ L 299, 16.11.2007, p. 1](http://publications.europa.eu/resource/oj/JOL_2007_299_R_TOC) ).

[^2] [OJ L 273, 17.10.2007, p. 1](http://publications.europa.eu/resource/oj/JOL_2007_273_R_TOC) .

[^3] [OJ L 218, 30.8.2003, p. 14](http://publications.europa.eu/resource/oj/JOL_2003_218_R_TOC) . Regulation as last amended by Regulation (EC) No 1663/2005 ( [OJ L 267, 12.10.2005, p. 22](http://publications.europa.eu/resource/oj/JOL_2005_267_R_TOC) ).

[^1]: . Regulation as last amended by Regulation (EC) No 1234/2007 ().
[^2]: .
[^3]: . Regulation as last amended by Regulation (EC) No 1663/2005 ().