COMMISSION REGULATION (EEC) No 2425/81 of 20 August 1981 laying down detailed rules for the application of the system of aid for dried grapes and dried figs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2194/81 of 27 July 1981 laying down the general rules for the system of production aid for dried figs and dried grapes (1), and in particular Article 14 thereof,
Whereas Regulation (EEC) No 2194/81 laid down the general rules for the system of production aid for dried grapes and dried figs obtained from products harvested in the Community ; whereas that system is based, in particular, on contracts between Community producers and processors and between producers and storage agencies;
Whereas, in order to ensure steady supplies to the processing undertakings, it should be laid down that contracts with such undertakings are to be concluded for a certain period ; whereas, however, to ensure that this arrangement is of maximum effectiveness the Contracting Parties should be permitted to increase, by way of an endorsement, the quantities originally contracted for;
Whereas, in order to ensure the correct application of the aid system, quality standards to be met by the products for which contracts may be concluded and by the processed products obtained from those raw materials should be laid down;
Whereas, in order to ensure the proper functioning of the aid system, provision should be made for the agency appointed by the Member State to make random checks on the weight and quality of products delivered to the processing undertakings and storage agencies and to verify the stock accounts kept by those undertakings and agencies ; whereas such stock accounts must contain the minimum information required for verifying that the products covered by the contracts have been processed;
Whereas to enable the validity of applications for production and storage aid to be verified, the minimum particulars which must appear therein should be specified;
Whereas Regulation (EEC) No 2194/81 provides for the payment of financial compensation to the storage agencies in respect of products sold at a price lower than the minimum price ; whereas to enable the eligibility for such compensation to be verified the minimum particulars which must appear in applications therefor should be specified;
Whereas pursuant to Article 4 (2) of Council Regulation (EEC) No 1134/68 of 30 July 1968 laying down rules for the implementation of Regulation (EEC) No 653/68 on conditions for alterations to the value of the unit of account used for the common agricultural policy (2), in connection with transactions within the framework of any sums owed by a Member State or a duly authorized body, expressed in national currency representing amounts fixed in units of account, are to be paid on the basis of the relationship between the unit of account and the national currency which obtained at the time when the transaction or part transaction was carried out;
(1) OJ No L 214, 1.8.1981, p. 1. (2) OJ No L 188, 1.8.1968, p. 1. Whereas, pursuant to Article 6 of Regulation (EEC) No 1134/68, the time when a transaction is carried out is to be considered as being the date on which occurs the event, as defined by Community rules, or, in the absence of and pending adoption of such rules, by the rules of the Member State concerned, on which the amount involved in the transaction becomes due and payable;
Whereas the event creating entitlement to production aid for the processing of product occurs when processing is carried out ; whereas, since processing contracts are for a period of several months, it is difficult to determine the exact date on which each lot was processed ; whereas, therefore, in order to ensure uniform application of the system of production aid, the conversion rate obtaining at the beginning of the period specified for each product should be used for calculating the amount in national currency ; whereas, in order to ensure uniform application of the system of aid to all the various mechanisms, the conversion rate to be applied for calculating in national currency the amount of the storage aid and the financial compensation should be that obtaining on the date referred to above;
Whereas, in order to facilitate the application of the system of production aid, a reference date should be fixed for determining the conversion rate to be applied to the minimum price referred to in Article 4 (2) of Regulation (EEC) No 2194/81;
Whereas, by reason of the link between production aid and the minimum price, the same date as that specified for the event on which the aid becomes due and payable should be used to determine the conversion rate for that price;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the purposes of this Regulation: - "A contracts" shall mean contracts concluded under Article 2 of Regulation (EEC) No 2194/81 between, on the one hand, producers or their recognized groups or associations and, on the other, processors or their legally constituted groups or associations,
- "B contracts" shall mean contracts concluded under Article 3 of Regulation (EEC) No 2194/81 between, on the one hand, producers or their recognized groups or associations and, on the other, storage agencies,
- "C contracts" shall mean contracts concluded under Article 6 of Regulation (EEC) No 2194/81 between, on the one hand, storage agencies and, on the other, processors or their legally constituted groups or associations.
2. A, B and C contracts shall be concluded in writing.
An A contract may take the form of a supply contract between a producer and his recognized group or association.
3. A contracts must be concluded: - from 25 August to 31 December in respect of dried grapes to be delivered to the industry during the period from 1 September to 31 January,
- from 1 August to 30 November in respect of dried figs to be delivered to the industry during the period from 15 August to 31 January.
During the delivery periods referred to above the Contracting Parties may agree to increase, by way of a written endorsement to the contract, the quantities originally specified in the contract.
Article 2
A copy of each A and B contract and of any endorsements to those documents shall be forwarded, as appropriate, by the processor or his legally constituted group or association or the storage agency, before the date on which they are to take effect, to the agency appointed by the Member State in which the raw materials are produced and to the agency of the Member State in which they are to be processed or stored. A copy of each C contract shall be forwarded by the processor or his legally constituted group or association before the date on which it is to take effect to the agency appointed by the Member State in which the raw materials are being stored and to the agency of the Member State in which they are to be processed.
Article 3
1. The raw materials supplied to the processor or storage agency under A, B and C contracts must comply with the quality standards set out in Annex I.
2. To qualify for aid, the products obtained from the processing of the raw materials referred to in paragraph 1 must comply with the quality standards set out in Annex II.
3. The standards referred to in this Article are applicable solely for the grant of the aid.
Article 4
To the extent to which the fixing of a minimum price to be paid to the producer or of an aid to be granted to the processor or to the storage agency relates to a product designated by reference to its origin, this designation is that defined in the relevant national legislation in force at the date when this Regulation enters into force.
Article 5
1. The checks provided for in Regulation (EEC) No 2194/81 must include verification of the following: - the conformity of the products supplied to processors and storage agencies with the quality standards applicable,
- in respect of currants, compliance by the producer with the requirements referred to in Articles 2 and 3 of Regulation (EEC) No 2194/81,
- observance of the price specified in the contracts,
- in respect of currants, that a certain quantity of grapes has not been processed into dried grapes intended for sale in accordance with Article 9 (1) of Regulation (EEC) No 2194/81,
- the quantities purchased by the storage agencies and the disposal thereof,
- the processing of the quantities of raw materials delivered under A or C contracts,
- the conformity of the processed products to the quality standards applicable.
2. The processing undertakings concerned shall keep stock accounts showing in particular: (a) the lots of raw materials purchased and entering the undertaking each day, a distinction being made between those covered by A and by C contracts or endorsements, together with the numbers of any receipts issued for those lots;
(b) the weight of each lot entering and, in the case of lots covered by the abovementioned contracts, the name and address of the other Contracting Party;
(c) the quantities of finished products, broken down by quality, obtained each day after processing of the raw materials, with separate details for those obtained from raw materials supplied under A and C contracts.
3. The storage agencies shall keep stock accounts showing in particular: (a) the lots of raw materials purchased and entering into stock each day, separate details being given for those covered by B contracts, together with the numbers of any receipts issued for those lots;
(b) the weight and quality of each lot entering and, in the case of lots covered by the abovementioned contracts, the name and address of the other Contracting Party;
(c) the quantities and qualities of raw materials purchased under B contracts sold each day, separate details being given for those covered by C contracts as referred to in Article 6 (1) and (2) of Regulation (EEC) No 2194/81.
4. The competent authority of the Member State in which processing takes place shall: - make random checks at the processing plant as to weight and quality of the products delivered under A and C contracts and the products resulting from processing,
- verify the stock accounts of each processing undertaking.
5. The competent authority of the Member State in which the storage agencies operate shall: - make random checks in those agencies as to the weight and quality of the products bought and sold respectively under B and C contracts,
- verify the stock accounts of each storage agency.
Article 6
1. The processor may submit two aid applications for each marketing year, the first relating to products obtained up to 31 December and the second to those obtained after that date.
The processor shall submit the production aid application within 60 days of the completion of processing operations to the agency designated by the Member State in which the processing took place.
2. The aid application shall include in particular: (a) the name and address of the applicant;
(b) a statement of the quantities of raw materials, broken down by A or C contract or endorsement, which meet the quality standards and which were delivered under each such contract or endorsement;
(c) the invoice, duly receipted, as the case may be: - by the producer, his recognized group or association for the raw materials referred to under (b), showing that the price he obtained for them was not less than the minimum price, or, in the case of supply contracts, a declaration by the producer that the other Contracting Party paid or credited to him a price not less than the minimum price,
- by the storage agency, showing the price effectively paid by the processor;
(d) a statement of the quantities and qualities of finished products obtained after processing of the raw materials referred to under (b) during the period in question.
Article 7
1. The Member State concerned shall approve storage agencies which meet the following conditions: - they have storage facilities permitting good preservation of the product and a minimum capacity,
- they keep stock accounts in accordance with Article 5,
- they undertake to practise prices conforming, as the case may be, with Article 4 and 6 of Regulation (EEC) No 2194/81 for products purchased or sold under B and C contracts respectively.
2. Approval shall be withdrawn where one of the abovementioned conditions is no longer satisfied.
Article 8
1. The storage agency may submit two applications for storage aid during the marketing year, the first relating to products stored up to the end of February and the second to those stored after that date until the end of the marketing year concerned. However, where an extension of storage of certain quantities is authorized after the end of the marketing year under the first paragraph of Article 10 (1) of Regulation (EEC) No 2194/81, a third aid application may be submitted in respect of those quantities at the end of the relevant storage period.
Each application shall be submitted within 60 days following the end of the storage period concerned.
2. The storage aid application must include in particular: (a) the name and address of the applicant;
(b) a statement of the quantities and qualities of raw materials purchased under B contracts which have been stored and their date of entry into stock or an indication that the stock has been carried over, as appropriate;
(c) the invoice, duly receipted by the producer or his recognized group or association, for the raw materials referred to under (b);
(d) a statement of the quantities and qualities sold under C contracts during the period to which the aid application refers and the date on which they were removed from storage and, where appropriate, a statement of the quantities in stock at the end of the period concerned.
Article 9
After all the quantities purchased during a marketing year have been sold the storage aid application then submitted by the storage agency shall be accompanied, where appropriate, by the application for financial compensation. The latter application shall include: (a) the name and address of the applicant;
(b) the quantities and their quality which have been sold for more than the minimum price fixed in accordance with Article 4 of Regulation (EEC) No 2194/81 during the marketing year in question, and for each contract the selling price;
(c) the quantities and their quality which have been sold during the marketing year in question for less than minimum price fixed in accordance with Article 4 of Regulation (EEC) No 2194/81 and, for each contract, the selling price.
Article 10
1. The event within the meaning of Article 6 of Regulation (EEC) No 1134/68 creating entitlement to production aid, storage aid and financial compensation shall be considered as occurring: - in respect of dried figs, on 15 August,
- in respect of dried grapes, on 1 September.
2. The conversion rate to be applied to the minimum price, fixed in ECU, shall be the representative rate in force on 15 August in respect of dried figs and on 1 September in respect of dried grapes.
Article 11
Each Member State shall notify the Commission of the name and address of the agency or agencies designated by it in accordance with Regulation (EEC) No 2194/81 and of the measures taken to implement the system of aid defined in this Regulation.
Each Member State shall also notify the Commission: (a) not later than 15 February of each year, of the quantity of raw materials: - covered by A contracts or endorsements and by C contracts,
- delivered under those contracts or endorsements during the last marketing year,
- covered by B contracts;
(b) not later than 15 June of each year: - of the quantity of finished products obtained from processing of the raw materials referred to in (a) during that marketing year,
- of stocks of raw material remaining on 1 June of that year,
- of stocks of finished products remaining in the hands of processors on 1 June of that year.
Article 12
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 August 1981.