1996R2202 — EN — 01.05.2004 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No2202/96
of28October1996
introducingaCommunityaidschemeforproducersofcertain citrusfruits
(OJ L 297, 21.11.1996, p. 49)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 858/1999 of 22 April 1999 L 108 8 27.4.1999
►M2Council Regulation (EC) No 2699/2000 of 4 December 2000 L 311 9 12.12.2000
Amended by:
►A1Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the European
Union isfoundedL 236 33 23.9.2003
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).
▼B
COUNCILREGULATION(EC)No2202/96
of28October 1996
introducing a Community aid scheme for producers of certain
citrusfruits
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas the present situation in the citrus fruit sector continues to be
marked by serious difficulties in the disposal of Community produc-
tion; whereasthes e difficultiesare attributable mainly to the varietalaspects of production, production surpluses and marketing conditionsfor fresh and processed citrus fruit;
Whereas the Community supply of lemons, grapefruit, oranges and
mandarinscontinuesto keep pace with demand on the market in fres h
fruit products for some varieties of products; whereas production ofclementines has increased considerably in recent years to the extentthat surpluses are being created; whereas satsumas, which are beingreplaced by clementines on the market in fresh fruit products, are also
in surplus; whereas a system of support for producers should therefore
provide an incentive for the disposal of the citrus fruit concerned witha view to their processing into juice and segments;
Whereas it seems appropriate to implement this system by means of
contracts concluded between processors and producer organizations in
order to ensure, firstly, regular supplies for processing industries and,
secondly, effective checks on the products to be delivered and on thefact that they have actually been processed by the industry; whereasthe system should guarantee supplies to consumers at reasonable pricesand quality;
Whereas this new system must be able to function with a sufficient
number of producer organizations from the outset; whereas, to thatend, ‘producer organizationsgranted preliminary recognition’ withinthe meaning of thisRegulation meansnot only the producer organiza-tionsreferred to in Article 14 of Council Regulation (EC) No 2200/96
of 28 October 1996 on the common organization of the market in fruit
and vegetables(
4), but also those referred to in Article 13 of that Regu-
lation;
Whereas, in order to encourage producers to present their products for
processing rather than withdrawal, provision should be made for the
grant of an aid to producer organizationswhich deliver citrusfruit tothe processing industries; whereas the amounts of the aid should beestablished for a transitional period of six years after which they shouldbe a fixed sum; whereas those amounts are to be calculated on thebasis of the ratio existing in 1995/96 between the financial compensa-
tion and the minimum price and be subject to an annual gradual
reduction over the transitional period, except in the case of clementinesand satsumas, in order to meet the general objectives of the commonorganization of the market in fresh products; whereas in the case ofgrapefruit, the aid to be applied is that established for lemons;
Whereas the production of citrus fruit features structural shortcomings
in terms of marketing which are demonstrated by the excessive1996R2202 — EN — 01.05.2004 — 003.001 — 2
(1) OJ No C 191, 2. 7. 1996, p. 7.
(2) OJ No C 277, 23. 9. 1996.
(3) OJ No C 212, 22. 7. 1996, p. 88.
(4) See page 1 of thisOfficial Journal.
▼B
dispersal of supply; whereas therefore individual producers who deliver
all their citrus fruit for processing through producer organizationsshould qualify under the system established by this Regulation;
whereas for that reason and in order to ensure equality of treatment
with the fresh products sector, provision should be made for theamount of the aid to be reduced; whereas, for the same structuralreasons, it would be justified to grant an increase in the aid forproducer organizationswhich conclude a contract for more than one
year and in respect of minimum quantities;
Whereasthe quantitiesthat may be withdrawn from the market are
limited by Regulation (EC) No 2200/96; whereasin cas eswhere
production is rising steps should be taken to prevent systematicrecourse to processing as an alternative outlet; whereas the fixing of athreshold for processing, the overrunning of which, calculated on thebasis of an average over three marketing years, would entail a reduc-
tion in aid in the current marketing year, would seem to be an
appropriate measure to that end; whereas fixed thresholds should belaid down, based on the average quantity eligible for financial compen-sation during a reference period; whereas, provision should be made forintroducing a system of advances, as aid may be reduced at the end ofa marketing year as a result of overrunning of the threshold for proces-
sing;
Whereas the provisions of Regulation (EC) No 2200/96 should be
applied to the processed citrus fruit sector to avoid duplication of rules
and control bodies; whereas provision should also be made for penal-tiesto guarantee uniform application of the new s cheme throughout theCommunity,
HAS ADOPTED THIS REGULATION:
Article 1
A Community aid scheme is hereby established for producer organiza-
tions which deliver for processing certain citrus fruits harvested in theCommunity. The scheme shall cover:
(a) lemons, grapefruit, oranges, mandarins and clementines processed
into juice;
(b) clementines and satsumas processed into segments.
Article 2
1. The scheme referred to in Article 1 shall be based on contracts
between, on the one hand, producer organizationsrecognized or provi-sionally admitted under Regulation (EC) No 2200/96 and, on the other,processors or legally constituted associations or unions of processors.
2. Such contracts shall be concluded before a specified date and for
a minimum duration determined in accordance with the procedure laid
down in Article 45 of Regulation (EC) No 2200/96. They must, interalia, specify the quantities to which they relate, the phasing of deliv-eries to processors, and the prices to be paid to producerorganizations, and state that the processor is under an obligation toprocess the products covered by the contracts.
3. Once they have been concluded, contracts shall be sent to the
competent authorities of the Member States concerned responsible for
carrying out qualitative and quantitative checkson:
(a) products delivered to processors by producer organizations;
(b) the actual processing of the quantities delivered.
Article 3
1. Aid shall be granted to producer organisations for the quantities
delivered for processing under the contracts referred to in Article 2.
2. The amount of the aid iss et out in Table 1 of Annex I.1996R2202 — EN — 01.05.2004 — 003.001 — 3
▼M2
▼M2
However:
(a) where the contract referred to in Article 2(1) coversmore than one
marketing year and a minimum quantity of citrusfruit, to be deter-mined in accordance with the procedure laid down in Article 46 ofRegulation (EC) No 2200/96, the amount of the aid shall be thatindicated in Table 2 of Annex I;
(b) for quantitiesdelivered under the provis ionsof Article 4, the
amount of the aid shall be that indicated in Table 3 of Annex I.
3. Without prejudice to the application of Article 5, the aid shall be
paid by the Member Statesto producer organis ationswhich applytherefor ass oon asthe ins pecting authoritiesof the Member State in
which processing is undertaken have established that the products
covered by the contracts have been delivered to the processingindustry.
The aid received by the producer organisations shall be paid to their
members.
4. Measures shall be adopted in accordance with the procedure laid
down in Article 46 of Regulation (EC) No 2200/96 to ensure that the
processing industry meets its obligation to process the products deliv-
ered by the producer organisations.
Article 4
1. Producer organizations shall pass on the benefit of the scheme
established in this Regulation to individual producers who are notmembersof any s uch organizationswho undertake to market throughthem their entire output of citrus fruit intended for processing andwho pay a subscription to cover the extra management costs borne bythe organization because of the application of this paragraph.
2. Where paragraph 1 isapplied,
(a) the amount of the aid received by the producer organization shall
be paid to the individual producer concerned;
(b) the quantitiess upplied by individual producersmay not be included
in the multiannual contractsreferred to in Article 3 (2) (a).
Article 5
1. Processing thresholds shall be established for the Community and
for each producer Member State, on the one hand for lemons, orangesand grapefruit separately and, on the other hand, for mandarins, clem-entines and satsumas taken together. The thresholds shall be as set outin Annex II.
2. Whenever a Community processing threshold is overrun, the aid
fixed for the product in question in accordance with Article 3(2) shallbe reduced in all the Member Statesin which the corres pondingthreshold has been overrun.
For the purposes of applying the first subparagraph, threshold overruns
shall be calculated by comparing the threshold with the average quan-tity processed with aid under this Regulation over the three marketingyearsor equivalent periodspreceding the marketing year for which the
aid must be set.
However, to calculate the overrun of the thresholds fixed for each
Member State, any quantities still available below the threshold of a
Member State but not processed shall be allocated to the other Member
States, in proportion to their respective thresholds.
The reduction in aid shall be proportional to the volume of overrun
relative to the relevant threshold.
3. Member Statesmay divide the national thres hold laid down for
small citrus fruit into two sub-thresholds, namely small citrus fruit forprocessing into segments and those for processing into juice.1996R2202 — EN — 01.05.2004 — 003.001 — 4
▼B
▼M2
▼M2
Member States which take up this option shall inform the Commission
thereof.
If the national threshold is overrun, the reduction in aid provided for in
paragraph 2 shall be applied to the aid for both sub-thresholds inproportion to the recorded overrun of the sub-threshold concerned.
Article 6
Detailed rulesfor the application of thisRegulation, in particular on the
payment of aid, monitoring measures and penalties, the marketing
years, the minimum characteristics of the raw materials delivered forprocessing, the equivalent period referred to in Article 5(2) and thefinancial consequences of exceeding the thresholds shall be adopted inaccordance with the procedure laid down in Article 46 of Regulation(EC) No 2200/96.
Article 7
The provisions of Title VI relating to national and Community checks
in Regulation (EC) No 2200/96 shall apply to the monitoring ofcompliance with thisRegulation.
Article 8
If measures are needed to facilitate the transition from the previous
arrangements to those established by this Regulation or to applymechanisms not abolished by this Regulation, such measures shall be
adopted in accordance with the procedure laid down in Article 45 of
Regulation (EC) No 2200/96.
Article 9
The Commission shall submit to the Council, on the basis of two years'
operation, a report on the application of thiss cheme, together withappropriate proposals, if necessary.
Article 10
The measures provided for in this Regulation shall be regarded as inter-
vention intended to stabilize the agricultural markets within themeaning of Article 3 of Council Regulation (EEC) No 729/70 of 21April 1970 on the financing of the common agricultural policy (
1).
They shall be financed by the Guarantee Section of the European Agri-cultural Guidance and Guarantee Fund (EAGGF).
Article 11
The following are hereby repealed, with effect from the date of appli-
cation of thisRegulation:
— Council Regulation (EEC) No 1035/77 of 17 May 1977 laying
down special measures to encourage the marketing of productsprocessed from lemons (
2), and
— Council Regulation (EC) No 3119/93 of 8 November 1993 laying
down special measures to encourage the processing of certain citrusfruits(
3).
Article 12
ThisRegulation s hall enter into force on the third day following that of
itspublication in the Official Journal of the European Communities .1996R2202 — EN — 01.05.2004 — 003.001 — 5
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation aslas t amended by Regulation
(EC) No 1287/95 (OJ No L 125, 8. 6. 1995, p. 1).
(2) OJ No L 125, 19. 5. 1977, p. 3. Regulation aslas t amended by Regulation
(EEC) No 1199/90 (OJ No L 119, 11. 5. 1990, p. 61).
(3) OJ No L 279, 12. 11. 1993, p. 17.▼M1
▼B
▼B
It shall apply from the 1997/98 marketing year.
This Decision shall be binding in its entirety and directly applicable in
all Member States.1996R2202 — EN — 01.05.2004 — 003.001 — 6
▼B
ANNEX►M2I◄
Amountsofaidreferred toinArticle 3(1)
TABLE 1 (ECU/100 kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03
and subse-
quent
marketing
years
Lemons9,36 9,31 9,25 9,21 9,15 9,10
Grapefruit 9,36 9,31 9,25 9,21 9,15 9,10
Oranges10,03 9,98 9,94 9,89 9,85 9,80
Mandarins11,31 10,86 10,42 9,98 9,54 9,10
Clementines8,90 8,95 8,99 9,03 9,07 9,10
Satsumas 7,34 7,69 8,04 8,40 8,75 9,10
TABLE 2 (ECU/100 kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03
and subse-
quent
marketing
years
Lemons10,76 10,70 10,64 10,59 10,52 10,47
Grapefruit 10,76 10,71 10,64 10,59 10,52 10,47
Oranges11,54 11,48 11,43 11,37 11,33 11,27
Mandarins13,00 12,49 11,99 11,48 10,97 10,47
Clementines10,26 10,30 10,34 10,38 10,42 10,47
Satsumas 8,44 8,85 9,25 9,66 10,06 10,47
TABLE 3 (ECU/100 kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03
and subse-
quent
marketing
years
Lemons8,42 8,38 8,33 8,28 8,23 8,19
Grapefruit 8,42 8,38 8,33 8,28 8,23 8,19
Oranges9,03 8,98 8,95 8,90 8,86 8,82
Mandarins10,17 9,78 9,38 8,98 8,59 8,19
Clementines8,03 8,06 8,09 8,13 8,16 8,19
Satsumas 6,61 6,92 7,24 7,56 7,88 8,191996R2202 — EN — 01.05.2004 — 003.001 — 7
▼A1
ANNEX II
Processingthresholdsreferred toinArticle5
Net weight fresh product
(in tonnes)
OrangesLemons GrapefruitSmall citrus
fruit
Community thresholds 1 518 982 513 650 22 000 390 000
National thresholdsGreece 280 000 27 976 799 5 217
Spain 600 467 192 198 1 919 270 186France n.r. n.r. 61 445
Italy 599 769 290 426 3 221 106 428
Cyprus18 746 3 050 16 000 6 000Portugal 20 000 n.r. n.r. 1 724
n.r. = not relevant1996R2202 — EN — 01.05.2004 — 003.001 — 8