1969R0449 — EN — 01.01.1994 — 001.001 — 1
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►B REGULATION(EEC)No449/69OFTHECOUNCIL
of11March1969
on the reimbursement of aid granted by Member States to organisations of fruit and vegetable
producers
(OJ L 61, 12.3.1969, p. 2)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 3669/93 of 22 December 1993 L 338 26 31.12.1993
▼B
REGULATION(EEC)No449/69OFTHECOUNCIL
of11March1969
on the reimbursement of aid granted by Member States to organi-
sationsoffruitandvegetable producers
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity;
Having regard to Council Regulation No 159/66/EEC (
1) of 25 October
1966 laying down additional provisions for the common organisation ofthe market in fruit and vegetables, and in particular the second subpar-
agraph of Article 12 (3) thereof;
Having regard to the proposal from the Commission;Whereas, in accordance with the second subparagraph of Article 12 (3)
of Regulation No 159/66/EEC, the conditions and procedure should be
laid down for reimbursement by the Guidance Section of the EuropeanAgricultural Guidance and Guarantee Fund of aid granted by MemberStates to producers' organisations in accordance with the provisions ofArticle 2 (1) of that Regulation;
Whereas in order to ensure the reimbursement of this aid under iden-
tical conditions, detailed rules should be laid down for calculating thevalue of the output which has been marketed and is covered by theaction of the producers' organisations referred to in Article 2 (1) ofthat Regulation; whereas such calculation should be based on
accounting documents admissible as evidence; whereas, however, the
difficulty in certain cases of obtaining such documents should be metby adopting as an alternative a standard method;
HAS ADOPTED THIS REGULATION:
Article 2
1. The date of the establishment of a producers' organisation shall be
that either:
— of its instrument of constitution in the case of a new organisation
which has as its aims the objectives referred to in Article 1 ofRegulation No 159/66/EEC, and which lays down the measuresrequired to attain those objectives and makes member producerssubject to the obligations listed in that Article; or
— of the implementation of its modified rules of procedure in the case
of an existing organisation which did not pursue the objectives
referred to in Article 1 of Regulation No 159/66/EEC or which didnot make member producers subject to the obligations listed in thatArticle, the purpose of the modification being to place the organisa-tion in a position to attain those objectives or to make the member
producers subject to those obligations.
2. The Member States concerned shall submit to the Commission
with the first application for reimbursement a declaration certifyingthe date on which the producers' organisation was established.
3. The submission of an application for reimbursement shall be
considered to be equivalent to a declaration by the Member Stateconcerned that the conditions to be fulfilled by the producers' organisa-tion in accordance with Articles 1 and 2 (1) of Regulation No 159/66/EEC were satisfied during the year for which aid was granted.1969R0449 — EN — 01.01.1994 — 001.001 — 2
(1) OJ No 192, 27.10.1966, p. 3286/66.▼M1
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Article 3
For the purposes of this Regulation, the producers considered as
members of a producers' organisation shall be those:
— 1who were members on the date on which it was established within
the meaning of Article 2 of this Regulation and who have beenmembers of the organisation throughout the year for which aid isrequested;
— who joined the producers' organisation after the date on which it
was established and who have been members of the organisationduring the last nine months of the year for which aid is requested.
Article 4
The value of the output marketed by a producers' organisation shall be
calculated for each product by multiplying:
— the average output referred to in the first indent of Article 2 (1) of
Regulation No 159/66/EEC, expressed per 100 kilogrammes net anddetermined according to the provisions of Article 5, by
— the average price referred to in the second indent of Article 2 (1) of
Regulation No 159/66/EEC, calculated per 100 kilogrammes netaccording to the provisions of Article 6.
Article 5
For calculating the average output referred to in the first indent of
Article 4 of this Regulation, the output marketed by member producers
shall be determined for each of the three calendar years preceding that
in which they joined the organisation:
— on the basis of available commercial and accounting documents
admissible as evidence, or, where no such proof is available,
— by multiplying the area reserved for production of the product in
question during each of the three years by the average yield for
each of the corresponding years as recorded in the production area
by the competent services of Member States, the result obtainedbeing reduced by 10% in order to take account of personalconsumption and the non-commercial transactions of the producer.
Article 6
For calculating the average price referred to in the second indent of
Article 4 of this Regulation, the average price obtained by memberproducers for each of the three calendar years preceding that in whichthey joined the organisation shall be determined:
— on the basis of available commercial and accounting documents
admissible as evidence, or, where no such proof is available,
— by calculating the average price ruling for each product on the most
representative producer market for the area in which the head officeof the producers' organisation in question is situated, this averageprice being the average of the representative prices recorded in
that market by the competent authorities of the Member State
during the year under consideration, account being taken, wherenecessary, of seasonal variations in production.
This Regulation shall be binding in its entirety and directly applicablein all Member States.1969R0449 — EN — 01.01.1994 — 001.001 — 3
1 OJ No 34, 27.2.1964, p. 586/64.▼M1
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