This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (EC) No 659/97
of 16 April 1997
laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards
intervention arrangements in the fruit and vegetables sector
(OJ L 100, 17.4.1997, p. 22)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1946/97 of 6 October 1997 L 274 4 7.10.1997
"M2 Commission Regulation (EC) No 1490/98 of 13 July 1998 L 196 7 14.7.1998
"M3 Commission Regulation (EC) No 729/1999 of 7 April 1999 L 93 11 8.4.1999
"M4 Commission Regulation (EC) No 398/2000 of 22 February 2000 L 50 7 23.2.2000
Corrected by:
"C1 Corrigendum, OJ L 123, 15.5.1997, p. 25 (659/97)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1997R0659 — EN — 01.06.2000 — 005.001 — 1
COMMISSION REGULATION (EC) No 659/97
of 16 April 1997
laying down detailed rules for the application of Council Regulation
(EC) No 2200/96 as regards intervention arrangements in the fruit
and vegetables sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organization of the market in fruit and
vegetables (1), and in particular Articles 30 (6), 48 and 57 thereof,
Whereas Title IV of Regulation (EC) No 2200/96 establishes the
intervention arrangements for the products referred to in Article 1 (2)
thereof; whereas the detailed rules of application must therefore be laid
down;
Whereas, in relation to products, the terms ‘not put up for sale’ and
‘withdrawn from the market’ should be treated as equivalent and should
be included in a single definition; whereas it should also be clarified that
the provisions on packaging requirements do not apply to the products
withdrawn from the market;
Whereas the marketing years for the products listed in Annex II to
Regulation (EC) No 2200/96 must be established;
Whereas, to apply the limits laid down in Article 23 and 24 of Regulation
(EC) No 2200/96, the ‘marketed quantity’ of a given product marketed
by a producer organization must be defined, taking account of the
production actually disposed of by the producer organization in question,
the production from other producer organizations and the production of
producers not affiliated to any producer organization;
Whereas Article 28 of Regulation (EC) No 2200/96 requires Member
States to notify the Commission of the prices recorded on representative
producer markets for certain products and for certain periods; whereas a
list of those markets and of the products in question should therefore be
drawn up;
Whereas Article 26 of Regulation (EC) No 2200/96 establishes the
Community withdrawal compensation for the products listed in Annex II
to that Regulation; whereas a system should be introduced for paying
this compensation in such a way as to ensure that the limits laid down in
Article 23 of Regulation (EC) No 2200/96 are complied with at all times;
Whereas, to prevent irregularities in applying the scheme and to ensure
its transparency, the producer organizations must notify the responsible
monitoring authorities in advance of each withdrawal; whereas, in the
absence of this notification, the product can be disposed of only after
authorization from the Member State; whereas, furthermore, a
communications system for the producer organizations and the Member
States should be set up;
Whereas, for the implementation of Article 25 of Regulation (EC) No
2200/96, the time limits should be laid down for presenting the measures
taken by the Member States to ensure environmentally sound practice in
the withdrawal operations;
Whereas the first, second and third indents of point (a) of Article 30 (1)
of Regulation (EC) No 2200/96 provide that the fruit and vegetables
withdrawn from the market in accordance with Article 23 (1) and which
remain unsold may be distributed free, both within and outside the
Co7mmunity, as humanitarian aid to certain needy categories of the
population through charitable organizations; whereas the charitable
organizations should be approved beforehand;!B
(1) OJ No L 297, 21. 11. 1996, p. 1.1997R0659 — EN — 01.06.2000 — 005.001 — 2
Whereas, in the case of free distribution of fruit and vegetables
withdrawn from the market, the transport costs are to be borne by the
Community pursuant to Article 30 (6) of Regulation (EC) No 2200/96;
whereas it must be stipulated that those costs must be paid to the
consignor who has borne the cost of transport; whereas flat rates should
be laid down for the defrayal of such costs;
Whereas, in the case of free distribution of apples and citrus fruits
withdrawn from the market, the actual costs of sorting and packaging
may be defrayed by the Community pursuant to Article 30 (6) of
Regulation (EC) No 2200/96, up to a specific limit; whereas, to qualify
for this measure, the charitable organizations and the producer
organizations must conclude contractual agreements; whereas provisions
governing such agreements should be laid down;
Whereas the procedures for the physical and documentary monitoring of
the intervention and free distribution operations must be laid down;
whereas, in cases of infringement, deterrent penalties that are in line with
the seriousness of the offence should be stipulated; whereas the
monitoring operations must cover the producer organizations and
charitable organizations involved;
Whereas, for the 1997 marketing year and as a transitional measure,
producer organizations which have submitted an operational programme
in accordance with Commission Regulation (EC) No 411/97 (1) should
be allowed to supplement the Community withdrawal compensation;
Whereas it is necessary to repeal Commission Regulation (EEC) No
3587/86 (2), as last amended by Regulation (EC) No 1363/95 (3),
Commission Regulation (EEC) No 827/90 (4), as last amended by
Regulation (EC) No 771/95 (5), Commission Regulation (EEC) No
2103/90 (6), as amended by Regulation (EC) No 1363/95, Regulation
(EEC) No 2276/92 (7), as last amended by Regulation (EC) No 1363/95,
and Commission Regulation (EC) No 113/97 (8), whose provisions have
become obsolete or are to be replaced by this Regulation;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Fresh Fruit and
Vegetables and the Committee of the European Agricultural Guidance
and Guarantee Fund,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Intervention arrangements
Article 1
This Regulation lays down the detailed rules for the application of the
intervention arrangements provided for in Title IVof Regulation (EC) No
2200/96 and applies to the products referred to in Article 1 (2) thereof.
Article 2
1. For the purposes of this Regulation, products ‘withdrawn from the
market’ and ‘not put up for sale’ mean products which are not sold via a
producer organization, in accordance with the intervention arrangements
referred to in Regulation (EC) No 2200/96.!B
(1) OJ No L 62, 4. 3. 1997, p. 9.
(2) OJ No L 334, 27. 11. 1986, p. 1.
(3) OJ No L 132, 16. 6. 1995, p. 8.
(4) OJ No L 86, 31. 3. 1990, p. 13.
(5) OJ No L 77, 6. 4. 1995, p. 9.
(6) OJ No L 191, 24. 7. 1990, p. 19.
(7) OJ No L 220, 5. 8. 1992, p. 22.
(8) OJ No L 20, 23. 1. 1997, p. 26.1997R0659 — EN — 01.06.2000 — 005.001 — 3
!M2
2. Where standards have been adopted pursuant to Article 2 of
Regulation (EC) No 2200/96, products withdrawn from the market
comply with those standards, with the exception of the provisions on the
presentation and marking of the product. Products may be withdrawn
without sizing by quality class, provided that the lower limit for class II is
met.
However, tomatoes withdrawn from 16 July to 15 October must comply
with the marketing standard laid down in Regulation (EEC) No 778/83.
3. Where no marketing standards have been adopted pursuant to Article
2 of Regulation (EC) No 2200/96, the minimum requirements laid down
in Annex VII must be met. Member States may lay down provisions
supplementing those minimum requirements.
Article 3
1. For each product the ‘marketed quantity’ of a producer organization,
as referred to in Article 23 (3) of Regulation (EC) No 2200/96, shall be
the sum of:
(a) the production of members actually sold through the producer
organization or processed by it;
(c) the production of members of other producer organizations marketed
through the producer organization concerned in accordance with the
second and third indents of Article 11 (1) (c) (3) thereof.
The marketed quantity referred to in the first subparagraph shall not
include the production of members of producer organisations marketed
in accordance with the first, second and third indents of Article
11(1)(c)(3) of Regulation (EC) No 2200/96.
2. The marketed production referred to in Article 23 (4) of Regulation
(EC) No 2200/96 shall be equivalent to the marketed quantity as defined
in paragraph 1.
Article 4
The marketing years for products qualifying for Community withdrawal
compensation in accordance with Article 23 (3) of Regulation (EC) No
2200/96 shall be as listed in Annex I to this Regulation.
The marketing years for products listed in Article 1 (2) of Regulation
(EC) No 2200/96 other than those referred to in the first paragraph shall
run from 1 January to 31 December.
Article 5
1. For the products listed in Annex II to Regulation (EC) No 2200/96,
payment of the Community withdrawal compensation referred to in
Article 26 of that Regulation shall be subject to presentation, to the
competent authority of the Member State, of an application by the
producer organizations referred to in Articles 11 and 13 thereof or by
associations of such organizations.
Where Article 13 (3) of Regulation (EC) No 2200/96 is applied, the
producer organization concerned shall no longer benefit from the
provisions laid down in the said Regulation.
2. The application referred to in paragraph 1 shall cover a period of at
least one month. It shall be accompanied by supporting documents
confirming the quantity of each product marketed and the quantity of!B
!M4
!B
!M4
!B1997R0659 — EN — 01.06.2000 — 005.001 — 4
each product not put up for sale by the producer organization, and
specifying:
(a) the production of members actually sold through the producer
organization or processed by it;
(b) the production of members of other producer organizations marketed
through the producer organization concerned in accordance with the
second and third indents of Article 11 (1) (c) (3) of Regulation (EC)
No 2200/96;
(c) the production delivered by each grower who is not a member of any
producer organization in accordance with Article 24 of that
Regulation.
3. When considering each application, the Member States shall ensure
that the quantity not put up for sale since the beginning of the marketing
year in question complies with the limits laid down in Articles 23 and 24
of Regulation (EC) No 2200/96. If these limits have been exceeded, the
Community withdrawal compensation shall be paid only with due regard
to these limits and to the compensation already paid. Surplus quantities
shall be included when the next application is considered.
Article 6
1. Article 2 of this Regulation notwithstanding, Regulation (EC) No
411/97 shall apply to the payment of withdrawal compensation for
products not listed in Annex II to Regulation (EC) No 2200/96 and for
the grant of a supplement to the Community withdrawal compensation
provided for in Article 15(3)(a) and (b) of Regulation (EC) No 2200/96.
2. The maximum prices applying to the 1995/96 marketing year and the
supplements which the Member States applying the second subparagraph
of Article 15(3) of Regulation (EC) No 2200/96 may not exceed are set
out in Annex VIII.
3. Member States which set a maximum level for the supplement to the
Community withdrawal compensation under the second subparagraph of
Article 15(3) of Regulation (EC) No 2200/96 shall take account of the
following:
— withdrawals are a short-term instrument to stabilise supply on the
market in fresh products,
— withdrawals must in no case constitute an outlet substituting the
market,
— withdrawals must not disturb management of the market in fruit and
vegetables intended for processing.
One month before the start of the marketing year, Member States shall
notify the maximum levels of the supplements set for each product in
Annex II.
In the special case of tomatoes intended for processing, the supplement
to be set must be at a level such that the sum of the Community
withdrawal compensation and the supplement thus set does not exceed
the minimum price for processing set for the marketing year in question
under Regulation (EC) No 2201/96.
Article 7
1. The representative markets referred to in Article 28 (1) of Regulation
(EC) No 2200/96 shall be those listed in Annex II to this Regulation.
2. For the products and during the periods listed in Annex III, Member
States shall send the Commission not later than 12.00 noon (Brussels
time) on the Wednesday of each week information concerning, for each
marketing day, the prices recorded on their representative markets. The
Commission shall forward this information to the Member States.!B
!M2
!B
!M41997R0659 — EN — 01.06.2000 — 005.001 — 5
The information shall be sent to the Commission using the Interactive
Data Entry System (IDES).
Article 8
1. The producer organizations or associations thereof shall notify each
withdrawal operation at least 24 hours in advance to the competent
national authorities, listing the products intended for intervention
together with the estimated quantity of each product concerned.
However, if it has not been possible to give prior notice of a withdrawal
operation the products withdrawn may not be disposed of until the
Member State has given its authorization.
The producer organisations shall certify that the products withdrawn
comply with the standards in force where such standards have been
adopted pursuant to Article 2 of Regulation (EC) No 2200/96 or, where,
no such standards exist, the minimum requirements laid down in Annex
VII.
The producer organisations shall notify the competent national auth-
orities of the measures taken in accordance with the national framework
referred to in Article 10 with a view to protecting the environment during
withdrawal operations.
2. The producer organizations or associations thereof shall supply the
following information to the Member States, which shall communicate it
to the Commission:
(a) the stocks of apples and pears available on the first day of each
month;
(b) by no later than two months after the start of each marketing year, an
estimate of the areas cultivated per product listed in Annex II and,
where applicable, per variety.
3. Member States shall take, if necessary, measures to ensure that
farmers who are members of any producer organisation are actually
allowed the benefits of the intervention scheme provided for in Article
23 of Regulation (EC) No 2200/96.
Article 9
1. Before the 10th day of each month, the Member States shall forward
to the Commission by electronic mail an estimate of the products not put
up for sale in the previous month, broken down by product.
2. At the end of each marketing year, the Member States shall forward
to the Commission for each product concerned the details set out in
Annex IV . These details shall be sent:
(a) not later than 30 June following each marketing year in the case of
tomatoes, aubergines, cauliflowers, apricots, peaches, nectarines,
grapes, melons, watermelons and products not listed in Annex II to
Regulation (EC) No 2200/96;
(b) not later than 30 November following each marketing year in the
case of lemons, pears, apples, satsumas, clementines and sweet
oranges.!M4
!B
!M2
!B
!M2
!B1997R0659 — EN — 01.06.2000 — 005.001 — 6
3. If the Member States do not forward the details referred to in
paragraph 2, or if those forwarded details appear erroneous in the light of
the objective facts in the Commission’ s possession, the Commission may
suspend payment of the advance payments on the defrayal of expenses
referred to in Article 5 (2) (a) of Council Regulation (EEC) No 729/70 (1)
pending the forwarding of the requisite details.
Article 10
Member States shall notify to the Commission by 15 September 1997 at
the latest the national framework provided for in the third paragraph of
Article 25 of Regulation (EC) No 2200/96.
Member States shall inform the Commission of any amendments to the
abovementioned framework.
CHAPTER II
Free distribution
Article 11
1. In accordance with the first and third indents of Article 30 (1) (a) of
Regulation (EC) No 2200/96, products withdrawn from the market
during a given marketing year may be made available to charitable
organizations approved by the Member States for free distribution, at
their request.
These products may be processed under the terms laid down in Articles
14a or 14b.
2. In order to qualify for approval, the charitable organizations shall
undertake to:
(a) comply with this Regulation;
(b) keep separate accounts for the operations in question;
(c) accept the checks provided for by Community provisions.3. Member States shall approve charitable organizations in at least one
of the following categories:
(a) charitable organizations authorized to distribute on the Member
State’s territory products which have been withdrawn there;
(b) charitable organizations authorized to distribute on Community
territory;
(c) charitable organizations authorized to distribute Community prod-
ucts in third countries.
From March 2000 and at intervals of three years, Member States shall
notify lists of approved charitable organisations as referred to in points
(b) and (c) to the Commission, which shall send those lists to all Member
States.
Article 12
The institutions as referred to in the second indent of Article 30 (1) (a)
"M2and (b) 3of Regulation (EC) No 2200/96 which are designated
by the Member States must comply with the conditions pursuant to
Article 11 (2) of this Regulation.!B
(1) OJ No L 94, 28. 4. 1970, p. 13.!M4
!B
!M4
!B1997R0659 — EN — 01.06.2000 — 005.001 — 7
!M2
Rest homes, day-nurseries, psychiatric establishments and other social,
educational and-or health institutions shall be treated in the same way as
those institutions.
Article 13
Member States shall take measures to facilitate contacts and operations
between the producer organizations concerned and the charitable
organizations approved in accordance with Article 11 (2).
Article 14
1. Free distribution outside the Community as part of humanitarian aid
shall be carried out by the charitable organizations referred to in Article
11 (3) (c) in accordance with paragraphs 2 and 3 of this Article.
2. The products dispatched shall not be eligible for export refunds. The
customs export document, the transit document and any T5 document
issued shall be endorsed ‘without refund’.
3. Member States shall submit plans to the Commission for each free
distribution operation, together with:
— the names of the producer organisations withdrawing the products in
question,
— the quantity intended to be distributed,
— the names of the charitable organisations involved in the operation
and their respective roles,
— the substance of the agreements between the producer organisation
which withdraws the products from the market and the charitable
organisation responsible for taking delivery of them,
— where appropriate, the name of the undertaking responsible for
processing the fresh products in accordance with Article 14a,
— the agreements with the third countries concerned,
— details of the means of transport to be used.
They shall send the Commission copies of the notifications to the FAO
Consultative Subcommittee on Surplus Disposal after the operation has
been authorised by the Commission.
The Commission shall decide on a case-by-case basis whether to
authorise such operations in the light in particular of the guarantees of
successful conclusion and the situation on the market.
At the end of each operation, the Member States shall send the
Commission the information specified in Annex VI. On request, they
shall report to the Commission on the operation’s implementation in the
third countries.
Article 14a
The charitable organisation can process or have processed at its expense
the products withdrawn from the market with a view to their free
distribution either to persons recognised as entitled to public assistance
under their national legislation or to the needy in third countries. All the
resulting products must be distributed free of charge.!B
!M4
!B
!M2
!M4
!M2
!M41997R0659 — EN — 01.06.2000 — 005.001 — 8
Article 14b
1. In line with the requirements of the charitable organisations,
indicated in accordance with paragraph 3, Member States may organise
one or more invitations to tender for the processing by a successful
tenderer of the products withdrawn from the market.
The successful tenderer must process all the products withdrawn from
the market and offered to him. The quantities of products withdrawn
from the market in excess of the quantities required for the manufacture
of processed products for free distribution shall constitute the payment in
kind to compensate him for the manufacturing costs he must incur.
The processed products for free distribution shall then be distributed by
the charitable organisations to those recognised as entitled to public
assistance under the legislation of the Member State.
2. Member States wishing to implement the invitation to tender
procedure referred to in paragraph 1 shall undertake the appropriate
publicity and inform the Commission of the type of fruit or vegetable
involved and the period covered by the procedure. This period must not
exceed the marketing year for the product in question.
3. No later than the date fixed by the competent national authority, the
charitable organisations involved shall notify it of their requirements for
products processed from fresh fruits or vegetables as referred to in
paragraph 2 and shall give an undertaking to take them over and
distribute them all, free of charge. Taking over must be completed no
later than one month after the processing period covered by the
procedure referred to in paragraph 2.
4. Member States shall, where appropriate, group together the
requirements as expressed in paragraph 3 into lots of processed products
and shall draw up a draft invitation to tender.
This shall contain at least the following information for each lot:— the fresh product involved and the period during which the products
withdrawn from the market are likely to be available,
— the geographical areas in which they are likely to be stored,— a detailed description of the product processed from fruit or
vegetables to be supplied and its packaging, the deadline for its
supply, together with the quantity the tenderer must undertake to
produce, if the products withdrawn from the market are available.
The tendering security shall be EUR 20/tonne net weight of final product
processed.
5. The draft invitation to tender referred to in paragraph 4 shall be sent
to the Commission for approval. It shall be published in the Official
Journal of the European Communities . Once the Commission has taken a
favourable decision, published in the Official Journal of the European
Communities , the invitation to tender shall be launched. At least two
tenders for each lot must be submitted in response to each invitation to
tender. The lot shall be awarded to the tenderer applying for the smallest
quantity of fresh product against supply of the processed product. Where
the same amount is sought by more than one tender, the award shall be
made by drawing lots. Where all the tenders submitted involve
excessively high quantities of fresh products, the Member State may
decide not to make an award under the tender for the lot in question.
The Member State shall inform the Commission of the outcome of the
invitation to tender. The Commission shall publish this information in the
Official Journal of the European Communities . It may ask for details of
the offers from tenderers.
6. The Member State shall inform the successful tenderer for each lot,
as withdrawals are made, of producer organisations where he may obtain
supplies of fresh products withdrawn from the market with priority over
other beneficiaries as referred to in Articles 11 and 12 of this Regulation.!M41997R0659 — EN — 01.06.2000 — 005.001 — 9
7. Upon manufacture, the processed product shall be made available to
the charitable organisations at the earliest opportunity, in proportion to
the quantity of fresh product made available to the successful tenderer.
8. To ensure performance of the tender, the successful tenderer must
provide a security. This shall be based on the net weight of fresh product
requested against the processed product manufactured. It shall be
equivalent:
— in the case of the products listed in Annex II to Regulation (EC) No
2200/96, to five times the Community withdrawal compensation
referred to in Article 26 of that Regulation,
— in the case of the other products, an amount set out in the notice of
invitation to tender.
The security shall be released as supplies of the processed product are
delivered and once the successful tenderer has provided evidence that all
the fresh products made available to him against the delivery of the
processed product have been processed.
Article 15
1. The costs of transport linked to the free distribution of all products
withdrawn from the market shall be met by the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund (EAGGF) on the
basis of the flat-rate amounts determined in accordance with the distance
between the point of withdrawal and the place of delivery set out in
Annex V .
In the case of free distribution outside the Community, the flat-rate
amounts set out in Annex V shall cover the distance between the point of
withdrawal and the point of exit from the Community. "M2In the case
of transport by sea, the Commission shall determine the transport costs
which may be defrayed on the basis of the real costs of transport and the
distance. The compensation thus determined may not exceed the costs of
land transport over the shortest distance between the place of loading and
the theoretical point of exit. A correcting factor of 0,6 shall be applied to
the amounts referred to in "M4Annex V 3.3
2. The transport costs shall be paid to the consignor who has actually
borne the financial cost of the transport operation in question.
Payment of the said amounts shall be subject to presentation of
supporting documents, certifying, in particular:
— the names of the beneficiary bodies,
— the quantity of the products concerned,
— take-over by the beneficiary bodies,
— the means of transport used.
Article 16
1. The costs of sorting and packaging fresh fruit and vegetables
withdrawn from the market for free distribution referred to in Article
30(1) of Regulation (EC) No 2200/96 shall be borne by the Guarantee
Section of the European Agricultural Guidance and Guarantee Fund
(EAGGF), at the flat-rate amount of EUR 132 per tonne net weight, in
the case of products put up in packages of less than 25 kilograms net
weight. The cost of fresh products intended for the manufacture of
processed products as referred to in Articles 14a and 14b shall not be so
borne.!M4
!B
!M2
!B
!M41997R0659 — EN — 01.06.2000 — 005.001 — 10
2. Packages of products for free distribution shall display the European
emblem, together with one or more of the following entries:
— Producto destinado a su distribución gratuita (Reglamento (CE) no
659/97)
— Produkt til gratis uddeling (forordning (EF) nr. 659/97)— Zur kostenlosen Verteilung bestimmtes Erzeugnis (Verordnung (EG)
Nr. 659/97)
—Πρ/omikronϊ/omikronacuteν πρ/omikron/omikronρι/dzeta/omikronacuteµεν/omikron για δωρεάν διαν/omikronµή (καν/omikronνισµ/omikronacuteς (ΕΚ)
αριθ. 659/97)
— Product for free distribution (Regulation (EC) No 659/97)— Produit destiné à la distribution gratuite (règlement (CE) n
o659/97)
— Prodotto destinato alla distribuzione gratuita (regolamento (CE) n.
659/97)
— Voor gratis uitreiking bestemd product (Verordening (EG) nr.
659/97)
— Produto destinado a distribuição gratuita (Regulamento (CE) no
659/97)
— Ilmaisjakeluun tarkoitettu tuote (asetus (EY) N:o 659/97)— Produkt för gratisutdelning (förordning (EG) nr 659/97).
Where distribution is to take place outside the Community, the entry
shall also be shown in the language(s) of the third countries concerned.
Where applicable, packages of fresh products to be used in the
manufacture of the processed products referred to in Articles 14a and
14b shall not show these entries.
3. The costs of sorting and packaging shall be paid to the producer
organisation which performed the sorting and packaging.
Payment shall be subject to the presentation of supporting documents
certifying in particular:
— the names of the beneficiary organisations,— the quantity of the products concerned,— acceptance by the beneficiary organisations.
CHAPTER III
Checks and penalties
Article 17
1. Member States shall take all the necessary measures to ensure that
the provisions of Title IV of Regulation (EC) No 2200/96 are complied
with, and in particular those set out in paragraphs 2, 3 and 4 of this
Article.
2. Member States shall perform physical and documentary checks on
the withdrawals made by all producer organizations at least once during
the marketing year. For each product, these checks shall involve at least
20 % of the total quantity withdrawn.
They shall, in addition, ensure that the products not put up for sale
comply with the standards in force if such standards have been adopted
pursuant to Article 2 (2) of Regulation (EC) No 2200/96.
In cases where Article 30 (2) of Regulation (EC) No 2200/96 applies,
Member States shall check all the quantities withdrawn.!M4
!B1997R0659 — EN — 01.06.2000 — 005.001 — 11
3. Member States shall carry out documentary checks on intervention
operations to ensure that the accounts are correct and that there is
effective verification of compliance with the conditions for payment of
the Community withdrawal compensation or of financing from the
operational fund referred to in Article 15 (1) of Regulation (EC) No
2200/96.
Checks shall be undertaken on each producer organization at least once
each marketing year and, for each product, must involve at least 10 % of
the applications for payment.
4. Where checks reveal significant irregularities, the competent
authorities shall carry out additional checks during the marketing year
in progress and shall increase the frequency of checks in the following
marketing year.
Article 18
1. Member States shall take the necessary measures to ensure that free
distribution operations both inside and outside the Community comply
with the provisions in force.
They shall, in particular:(a) ensure that the operations in question are properly carried out;(b) verify the final use made of the products by the charitable
organization, in particular by demanding from them a certificate
of acceptance certifying the use of the products;
(c) check the final destination of the products.2. Checks shall be both documentary and physical and shall concern
both the producer organizations and the charitable bodies concerned.
They may be random in nature and each year shall cover at least 10 % of
the quantities distributed.
3. With regard to distribution within the Community and without
prejudice to Article 39 of Regulation (EC) No 2200/96, the competent
authorities of the Member State on whose territory the free distribution
takes place shall undertake checks on the use of the products and their
final destination.
4. At the request of the Member State, the Commission shall assist it in
monitoring free distribution operations outside the Community.
Article 19
1. The beneficiary of Community withdrawal compensation or of
financing from the operational fund shall be under the obligation to pay
back double the amounts unduly paid, plus interest calculated by
reference to the time that has elapsed between payment and
reimbursement by the beneficiary where checks carried out in accord-
ance with Article 17 show that:
(a) the products not put up for sale do not comply with the provisions on
standards laid down in Article 2 of Regulation (EC) No 2200/96;
(b) the products not put up for sale have not been disposed of as
provided for in Article 30 of that Regulation;
(c) the disposal of the products not put up for sale causes substantial
environmental damage.
However, the penalty referred to in the first subparagraph shall not be
applied where the beneficiary proves to the satisfaction of the competent
national authority that the irregularities were not intentional on his part
or were not the result of gross negligence. In such cases, the beneficiary
shall repay only the amount unduly paid, plus interest.
The rate of interest shall be that applied by the European Monetary
Institute to transactions in ecus published in the ‘C’ series of the Official
Journal of the European Communities and in force on the date on which
undue payment is made, plus three percentage points.!B1997R0659 — EN — 01.06.2000 — 005.001 — 12
2. Sums recovered, with the interest accrued, shall be paid to the
responsible paying agency and deducted from expenditure financed by
the EAGGF .
3. In the event of a false declaration made deliberately or by serious
negligence, the producers’ organization concerned shall be debarred
from receiving Community withdrawal compensation for the marketing
year following that in respect of which the false declaration was
discovered.
Article 20
1. Where irregularities attributable to producer organizations or to
approved charitable bodies or institutions as referred to in Articles 11
and 12 are detected in the course of free distribution pursuant to checks
carried out in accordance with Article 18, paragraphs 2 to 7 of this
Article shall apply.
2. Approval as referred to in Article 11 (2) shall be withdrawn from
charitable organizations. This shall take effect immediately and continue
for at least one marketing year, and may be extended depending on the
seriousness of the irregularity.
3. Institutions as referred to in Article 12 shall not be eligible to be the
beneficiaries of free distribution operations in the following marketing
year.
4. The charitable organization or institution which received the product
withdrawn from the market shall be obliged to repay the value of the
products it received plus interest calculated by reference to the time
which has elapsed between receipt of the product and repayment by the
beneficiary.
5. Article 19 (3) shall apply to the producer organization concerned.
Furthermore, the producer organization shall be obliged to reimburse
double the amounts received in respect of sorting and packaging costs,
plus interest calculated by reference to the time which has elapsed
between payment and reimbursement by the beneficiary.
The consignor who received the transport costs as referred to in Article
15 shall be obliged to reimburse double the amounts received for
transport plus interest calculated by reference to the time which has
elapsed between payment and reimbursement by the beneficiary.
6. The rate of interest shall be that applied by the European Monetary
Institute to its operations in ecus published in the ‘C’series of the Official
Journal of the European Communities in force on the date of undue
payment, increased by three percentage points.
7. The amounts recovered, plus the interest thereon, shall be paid to the
competent paying agency and deducted from expenditure financed by the
EAGGF .
Article 21
Articles 19 and 20 of this Regulation shall apply without prejudice to
other penalties to be adopted in accordance with Article 48 of Regulation
(EC) No 2200/96.
CHAPTER IV
Transitional and final provisions
Article 22
For 1997, producer organizations which have submitted a draft
operational programme for approval in accordance with Articles 3 or
15 of Regulation (EC) No 411/97 are hereby authorized to grant, at their
own risk, supplements to the Community withdrawal compensation, in
accordance with Article 15 (3) (b) of Regulation (EC) No 2200/96.!B1997R0659 — EN — 01.06.2000 — 005.001 — 13
Article 23
Regulations "M1(EEC) No 1805/78, 3(EEC) No 3587/86, (EEC)
No 827/90, (EEC) No 2103/90, (EEC) No 2276/92 and (EC) No 113/97
are hereby repealed.
Article 24
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
However, for each product listed in Annex I to Regulation (EC) No
2200/96, it shall apply from the start of the 1997/98 marketing year.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1997R0659 — EN — 01.06.2000 — 005.001 — 14
ANNEX I
MARKETING YEARS FOR THE PRODUCTS LISTED IN ANNEX II TO
REGULATION (EC) No 2200/96
Product Date
Tomatoes From 1 January to 31 December
Aubergines From 1 January to 31 December
Melons From 1 April to 31 March
Watermelons From 1 April to 31 March
Cauliflowers From 1 May to 30 April
Apricots From 1 May to 30 April
Nectarines From 1 May to 30 April
Peaches From 1 May to 30 April
Table grapes From 1 May to 30 April
Lemons From 1 June to 31 May
Pears From 1 June to 31 May
Apples From 1 July to 30 June
Satsumas From 1 October to 30 September
Mandarins From 1 October to 30 September
Clementines From 1 October to 30 September
Sweet oranges From 1 October to 30 September!B1997R0659 — EN — 01.06.2000 — 005.001 — 15
ANNEX II
LIST OF REPRESENTATIVE MARKETS
Apricots
Greece France Italy Spain Portugal
Argos Châteaurenard Salerno Murcia Alenquer
Korinthos Perpignan Forli Valencia AlgarveMoudania Valence Zaragoza
Aubergines
Greece France Italy Netherlands Spain Portugal
Skala (Lakonias) Châteaurenard Latina Coöperatie V , T, N, Den Bosch Almería Algarve
Thessaloniki Catanzaro Coöperatieve Veiling ZON,
GrubbenvorstValencia
Cauliflowers
Belgium/Luxembourg Netherlands Germany Greece France Ireland
Sint-Katelijne Waver Coöperatie V , T, N, Den Bosch "M4Straelen 3 Athina Châteaurenard Dublin
Coöperatieve Veiling ZON,
Grubbenvorst"M4Maxdorf 3 Chalkida Saint-Malo
"M4Erzeugergroßmarkt Thür-
ingen-Sachsen 3Thessaloniki Saint-Omer
"M4 3 Saint-Pol-de-Léon
Italy Austria United Kingdom Spain Portugal Denmark
Ascoli Piceno Vienna Birmingham Barcelona Oeste Odense
Pesaro Liverpool La RiojaTaranto London Granada
Bristol Murcia
NavarreSevilleValencia!
B1997R0659 — EN — 01.06.2000 — 005.001 — 16
!M4
!B
Finland Sweden
Helsinki Helsingborg
Lemons
Greece Italy Spain Portugal
Egio Catania Alicante Algarve
Xylokastro Palermo Málaga Oeste
Siracusa MurciaMessina
Clementines
Greece France Italy Spain Portugal
Argos Corsica Cosenza Castellón "M4 3
Taranto Valencia Algarve
Strawberries
Italy Portugal Spain "M4Belgium3
Salerno Algarve Barcelona "M4Sint-Truiden 3
Huelva
Bologna "M4Ribatejo/Oeste 3 Valencia
Mandarins
Greece Italy Spain Portugal
Argos Catania Alicante Algarve
Chios Siracusa Castellón
Taranto Valencia!B1997R0659 — EN — 01.06.2000 — 005.001 — 17
Melons
Italy Spain Greece Portugal
Salerno Almería Kyparissia "M4Ribatejo/Oeste 3
Ferrara Badajoz Amaliada "M4Moura3
Bologna Ciudad Real Patra "M4Algarve 3
Murcia Larissa
Trikala
Sweet oranges
Greece Italy Spain Portugal
Argos Catania Alicante Algarve
Arta Siracusa Castellón "M4 3
Sparti Catanzaro Sevilla "M4Vidigueira 3
Valencia
Watermelons
Italy Spain Greece Portugal
Latina Almería Kyparissia "M4Ribatejo/Oeste 3
Bologna Murcia Amaliada "M4Grandola 3
Ferrara Valencia Patra
LarissaTrikala
Peaches and nectarines
Greece France Spain Italy (Peaches) Italy (Nectarines) Portugal
Skydra Montauban Huesca Bologna Salerno Cova da Beira
Veria Nîmes La Rioja Ferrara Ravenna "M4 3
Perpignan Lérida Ravenna Forli Ribatejo
Valence Murcia Forli Verona Oeste
Sevilla Salerno FerraraValenciaZaragoza!
B1997R0659 — EN — 01.06.2000 — 005.001 — 18
Apples
Belgium/Luxembourg Denmark Germany Greece France Ireland
Sint-Truiden Odense "M4Stade3 Naoussa Angers Dublin
"M4 Centralmarkt Rheinland
3Skydra Montauban
"M4Bodenseemarkt 3 Tripolis Nîmes
"M4 3 V olos
Italy Netherlands United Kingdom Spain Portugal
Bolzano Coöperatie V , T, N, Den Bosch Birmingham Gerona Oeste
Ferrara Geldermalsen & Omstreken
GeldermalsenLondon Huesca Cova da Beira
Ravenna La Rioja Guarda
Verona Lérida Viseu
Zaragoza
Finland Sweden Austria
Helsinki Helsingborg Wollsdorf
Pears
Belgium and Luxembourg Denmark Germany Greece Ireland Italy
Sint-Truiden Odense "M4Stade3 Veria Dublin Ravenna
"M4Bodenseemarkt 3 V olos Bolzano
"M4 3 Verona
FerraraRovigo
France Netherlands United Kingdom Spain Portugal
Angers Coöperatie V , T, N, Den Bosch Birmingham Badajoz Oeste
Avignon Geldermalsen & Omstreken
GeldermalsenLondon Huesca "M4 3
Valence La Rioja
LéridaZaragoza!
B1997R0659 — EN — 01.06.2000 — 005.001 — 19
Table grapes
Greece Italy France Spain Portugal
Iraklio Ascoli Piceno Avignon Alicante Alenquer
Kavala Bari Nîmes Almería MouraKorinthos Chieti Valencia Ferreira do Alentejo
Agrigento Murcia Algarve
Tomatoes
Belgium and Luxembourg Netherlands Germany Greece Spain Italy
Sint-Katelijne-Waver Coöperatie V , T, N, Den Bosch "M4Straelen 3 Ierapetra Alicante Ascoli Piceno
Coöperatieve Veiling ZON,
Grubbenvorst"M4Heidelberg 3 Pyrgos Almería Bari
"M4Kitzingen 3 Barcelona Ragusa
"M4Reichenau 3 Las Palmas Pescara
"M4 3 Málaga
"M4 3 Murcia
Valencia
Denmark United Kingdom France Ireland Portugal
Odense Birmingham Châteaurenard Dublin Algarve
Glasgow Marmande Oeste
Liverpool PerpignanLondon
Finland Sweden Austria
Helsinki Helsingborg Wollsdorf
Vienna
Satsumas
Greece Spain Portugal
Argos Castellón Algarve
Valencia!B1997R0659 — EN — 01.06.2000 — 005.001 — 20
ANNEX III
"C1As provided for in 3"M4Article 7(2) 3of this Regulation, Member States shall notify daily producer prices
recorded for the following products and periods:
I.A
Products Presentation and type Period
Tomatoes Of the ‘round’ and ‘ribbed’ type, quality classes I and II, size
57/77 mm packed1 January to 31 December
Aubergines — Of the elongated type, quality class I, size over 40 mm 1 January to 31 December
— Of the globus type, quality class I, size over 70 mm
Melons — Of the Glob Galia, Piel de Sapo, Jaune et lise, Supermarket,
Charentais, Honeydew, Tamaris, Cantaloup and Tendral
varieties, quality classes I and II1 April to 31 March
Watermelons — varieties with seeds 1 April to 31 March
— seedless varieties
quality class I
Cauliflowers ‘Trimmed’, quality class I, packed 1 May to 30 AprilApricots Quality class I, size over 40 mm 1 May to 30 AprilNectarines Of the Armking, Crimsongold, Early sun grand, Fairlane,
Fantasia, Independence, May Fire Brite, May Fire, Flavor Geant,
Early Grand, Flavor Nectared, Snow Queen, Queen Rubi,
Caldesi, Venus, Sweet Red, Nettaros, Sweet Lady, Autumn Free,Caldesi, Tasty Free, Albared and Stark red gold varieties, qualityclass I, size 56/73 mm1 May to 30 April
Peaches Of the Amsden, Cardinal, Dixired, Merryl Germfree, Catherina
Maria Serena, Federica, Vesubio, Baby Gold, Red Globe,
Carson, Andros, San Lorenzo, Sudanel, Miraflores, Campiel,Calanda, Rojo rito, Rojo Gallur, Jeronimo, Flavorcrest, Irisrosso, Maria Bianca, Rosa del West, Maria Delizia, K2,
Duchessa d’Este, Merril Gemfree, Michelimi, Red Haven,
Springcrest and Springtime varieties, quality class I, size 56/73mm1 May to 30 April
Table grapes Of the Regina dei Vignetti, Sultanine, Regina (Mennavacca
bianca, Rosaki, Dattier de Beyrouth), Italia, Aledo, Ohanes
(Almeria), D. Maria, Napoleon, Dominga, Alfonso Lavallée,Cardinal, Italia, Moscatel Romano, Apirena and Aledo varieties,quality class I1 May to 30 April
Lemons Quality class I, size 53/65 mm 1 June to 31 May
Pears — Of the Beurré Hardy, Coscia (Ercolini), Crystallis (Beurré
Napoléon, Ercolini, Blanquilla, Tsakonika), Dr Jules Guyot(Limonera) and Rocha varieties, quality class I, size 55 mmor more1 June to 31 May
— Of the Limonera, Conférence, Bon Chrétien, Williams, Buena
Luisa, Max Red Bartlett varieties, quality class I, size 60 mmor more
— Of the Empereur Alexandre (Kaiser Alexandre Bosc), Abate
Fetel, Decana del Cimmizio, Passacrassana varieties, qualityclass I, size 70 mm or more!
B1997R0659 — EN — 01.06.2000 — 005.001 — 21
Products Presentation and type Period
Apples — Of the Reine des Reinettes, Cox Orange and Verde Doncella
varieties, quality class I, size 65 mm or more1 July to 30 June
— Of the Delicious Pilafa, Golden Delicious, Jonagold,
Jonagored, Elstar, Gloster, Boskoop, Idared, Golden Supreme,
James Grieve, Red Chief, Top Red, Red Delicious, Reinettegrise du Canada, Starking Delicious, Granny Smith, Bellezade Roma, Summered, Royal Gala and Orzak Gold varieties,
quality class I, size 70 mm or more
Satsumas Quality class I, size 54/69 mm 1 October to 30 September
Mandarins Quality class I, size 54/69 mm 1 October to 30 SeptemberClementines Quality class I, size 43/60 mm 1 October to 30 SeptemberSweet oranges Of the Moro, Navel, Navellina, Navellate, Tarocco Salustiana,
Sanguinello and Valencia late varieties, quality class I, size
67/80 mm1 October to 30 September
I.B
Other products:
Products Presentation and type Period
Strawberries Quality class I, packed 1 October to 30 September!M1
!B1997R0659 — EN — 01.06.2000 — 005.001 — 22
ANNEX IV
STATUS REPORT ON INTERVENTIONS
Information to be forwarded by the Member States to the Commission at the
end of each marketing year under Article 9(2) of Regulation (EC) No 659/97
1. For each product listed in Annex II to Regulation (EC) No 2200/96 and for
each of the other products concerned:
(a) total quantity not put up for sale (in tonnes);
(b) amounts paid by Member States (in euro or national currency), broken
down into Community withdrawal compensation, supplements to the
Community withdrawal compensation, and withdrawal compensation
for products not listed in Annex II.
2. For each product listed in Annex II and, at the request of the Commission,
certain products not listed in Annex II but withdrawn in significant
quantities during the marketing year in question or an earlier marketing
year:
(a) monthly breakdown of quantities not put up for sale (in tonnes);
(b) breakdown of quantities not put up for sale (in tonnes) by utilisation in
accordance with "M4Article 30 of Regulation (EC) No 2200/96
3;
(c) breakdown of quantities not put up for sale (in tonnes) by variety
and/or commercial type.
3. Summary table of quantities marketed and not put up for sale (in tonnes),
by recognised producer organisation and by product (prodcuts listed in
Annex II and, where applicable, products not listed in Annex II).!M31997R0659 — EN — 01.06.2000 — 005.001 — 23
ANNEX V
TRANSPORT COSTS UNDER FREE DISTRIBUTION ARRANGEMENTS
(referred to in Article 15)
Distance between the point of withdrawal and the place of delivery (1)Transport costs
(EUR/tonnes)
Less than 25 km 14,4
25 km or more but less than 200 km 30200 km or more but less than 350 km 42350 km or more but less than 500 km 60500 km or more 78
Supplement for refrigerated transport: EUR 7,2/tonne
(1)In the case referred to in Article 14a, the distance between the point of withdrawal and
the place of delivery of the processed product, passing through the place of processing.
In the case referred to in Article 14a, the distance between the point of withdrawal and
the place of delivery of the processed product (the fresh products referred to in Article14b do not qualify for the transport allowance).!M41997R0659 — EN — 01.06.2000 — 005.001 — 24
ANNEX VI
!M41997R0659 — EN — 01.06.2000 — 005.001 — 25
!M2
ANNEX VII
MINIMUM REQUIREMENTS FOR PRODUCTS WITHDRA WN
1. Products withdrawn must be:
— intact,
— sound: produce affected by rotting or deterioration such as to make it
unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,— practically free from pests and attacks of pests,— free of abnormal external moisture,
— free of any foreign smell and/or taste.
2. The products must be sufficiently developed and sufficiently ripe having
regard to their type.
3. The products must have the characteristics of the variety and/or
commercial type.1997R0659 — EN — 01.06.2000 — 005.001 — 26
ANNEX VIII
MAXIMUM PRICES APPLICABLE TO THE 1995/96 MARKETING YEAR AND THE RESULTING
SUPPLEMENTS TO THE COMMUNITY WITHDRA W AL COMPENSATION
(ecu/100 kg)
ProductMaximum
price
1995/96Maximum supplement
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
yearFrom
2002/03
Tomatoes 12,84 6,40 6,72 7,04 7,37 7,69 8,01
Cauliflowers 13,51 4,17 4,64 5,10 5,57 6,04 6,50
Apples 15,04 4,35 4,73 5,10 5,48 5,86 6,23
Grapes 15,45 4,76 5,29 5,83 6,36 6,90 7,43
Apricots 23,36 4,46 5,41 6,35 7,30 8,24 9,19
Nectarines 25,43 8,04 8,91 9,78 10,65 11,52 12,39
Peaches 22,53 7,88 8,61 9,35 10,08 10,81 11,54
Pears 14,83 4,65 5,01 5,37 5,73 6,09 6,44
Aubergines 7,62 2,33 2,59 2,86 3,12 3,39 3,65
Oranges 15,85 1,52 1,59 1,65 1,72 1,78 1,85
Mandarins 17,48 1,33 1,96 2,59 3,22 3,85 4,48
Clementines 13,70 0,96 0,91 0,86 0,80 0,75 0,70
Satsumas 10,49 0,00 0,00 0,00 0,00 0,00 0,00
Lemons 17,26 3,89 3,96 4,04 4,11 4,19 4,26
Melons Not
applicableNot
applicableNot
applicable4,20 4,20 4,20 4,20
Watermelons Not
applicableNot
applicableNot
applicable2,70 2,70 2,70 2,70!M2
!M31997R0659 — EN — 01.06.2000 — 005.001 — 27