2003R0043 — EN — 01.01.2002 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No43/2003
of23December 2002
laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/
2001and(EC)No1454/2001asregardsaidforthelocalproductionofcropproductsintheouter-
mostregionsoftheEuropeanUnion
(OJ L 7, 11.1.2003, p. 25)
Corrected by:
►C1Corrigendum, OJ L 62, 6.3.2003, p. 27 (43/2003)
▼B
COMMISSIONREGULATION(EC)No43/2003
of23December 2002
laying down detailed rules for applying Council Regulations (EC)
No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 asregards aid for the local production of crop productsin the outer-
mostregionsoftheEuropeanUnion
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1452/2001 of 28 June
2001 introducing specific measures for certain agricultural productsfor the French overseas departments, amending Directive 72/462/EECand repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91(Poseidom) (
1), and in particular Article 5(2), Article 12(4), Article
13(4), Article 15(7) and Article 18 thereof,
Having regard to Council Regulation (EC) No 1453/2001 of 28 June
2001 introducing specific measures for certain agricultural products
for the Azores and Madeira and repealing Regulation (EEC) No 1600/
92 (Poseima) (2), and in particular Article 5(3), Article 6(5), Article
7(2), Article 9(3), Article 16(2), Article 19, Article 20(7), Article21(3), the third paragraph of Article 27, Article 28(3), Article 30(5)and Article 31 thereof,
Having regard to Council Regulation (EC) No 1454/2001 of 28 June
2001 introducing specific measures for certain agricultural productsfor the Canary Islands and repealing Regulation (EEC) No 1601/92(Poseican) (
3), as last amended by Commission Regulation (EC) No
1922/2002 (4), and in particular Article 9(2), Article 10(5), Article
11(2), Article 13 and Article 14(3) thereof,
Having regard to Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in fruit and vegeta-
bles (5), as last amended by Regulation (EC) No 1881/2002 (6), and in
particular Article 11(2)(a) and Article 48 thereof,
Whereas:
(1)In the interests of legislative simplification, the provisions
adopted by Regulations (EEC) No 980/92 (7), (EEC) No 2165/
92(8), (EEC) No 2311/92 (9), (EEC) No 3491/92 (10),2003R0043 — EN — 01.01.2002 — 000.001 — 2
(1) OJ L 198, 21.7.2001, p. 11.
(2) OJ L 198, 21.7.2001, p. 26.
(3) OJ L 198, 21.7.2001, p. 45.
(4) OJ L 293, 29.10.2002, p. 11.
(5) OJ L 297, 21.11.1996, p. 1.
(6) OJ L 285, 23.10.2002, p. 13.
(7) Commission Regulation (EEC) No 980/92 of 21 April 1992 laying down
detailed rules for applying the aid scheme for the marketing of rice
produced in French Guiana, Martinique and Guadeloupe (OJ L 104,
22.4.1992, p. 31); Regulation as last amended by Regulation (EC) No 625/
98 (OJ L 85, 20.3.1998, p. 6).
(8) Commission Regulation (EEC) No 2165/92 of 30 July 1992 laying down
detailed rules for the application of the specific measures for Madeira and
the Azores as regards potatoes and endives (OJ L 217, 31.7.1992, p. 29);
Regulation as last amended by Regulation (EC) No 1984/96 (OJ L 264,
17.10.1996, p. 12).
(9) Commission Regulation (EEC) No 2311/92 of 31 July 1992 laying down
detailed rules for the application of specific measures adopted in respect of
fruit, vegetables, plants and flowers for the benefit of the Azores and
Madeira (OJ L 222, 7.8.1992, p. 24); Regulation as last amended by Regu-
lation (EC) No 1445/93 (OJ L 142, 12.6.1993, p. 27).
(10) Commission Regulation (EEC) No 3491/92 of 2 December 1992
concerning the grant in the Azores of flat-rate aid for the production of
sugarbeet and special aid for the processing of sugarbeet into white sugar
(OJ L 353, 3.12.1992, p. 21); Regulation as last amended by Regulation
(EC) No 1713/93 (OJ L 159, 1.7.1993, p. 94).
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(EEC) No 3518/92 (1), (EC) No 1524/98 (2), (EC) No 2477/
2001(3), (EC) No 396/2002 (4), (EC) No 738/2002 (5), (EC) No
1410/2002 (6) and (EC) No 1491/2002 (7) should be incorporated
into this Regulation, those Regulations should be repealed and
detailed rules should be adopted for the area aid granted togrowers of vines used to produce quality wines psr, potatoes forhuman consumption, sugar cane and wicker in Madeira and togrowers of sugarbeet, seed potatoes, chicory and tea in the
Azores as provided for in Regulation (EC) No 1453/2001, to
growers of potatoes for human consumption under Regulation(EC) No 1454/2001 and to aid for local marketing of bananasproduced in French Guiana and Réunion. Detailed rules forgranting this aid should be laid down to reflect the distinctivecultural and climatic features of the outermost regions.
(2)In view of the specific features of producing quality wines psr,specific rules should be laid down for the per-hectare aid inthat sector.
(3)Article 27 of Regulation (EEC) No 1453/2001 provides for aid
to be granted for the production of up to 2 000 tonnes of fresh
pineapples per year. Detailed rules should be laid down forapplying that aid scheme.
(4)As regards the aid for the production of green vanilla and the aid
for the production of essential geranium and vetiver oils, these
schemes can be applied satisfactorily within the existing marketstructures if arrangements are introduced for approving proces-sors of dried vanilla or vanilla extracts and local bodiesengaged in collecting and marketing the essential oils, whichundertake in particular to pay the aid in full to the beneficiary
producers and meet the control requirements. The quantities
fixed in Article 12(2) and (3) of Regulation (EC) No 1452/2001are ceilings which, according to the estimates communicated bythe French authorities, are not expected to be reached in themedium term.
(5)Article 16 of Regulation (EC) No 1452/2001 provides for aid forthe transport of cane from the fields where it is harvested to thereception centres. The aid is to be determined on the basis ofdistance and other objective criteria relating to transport andmay not exceed half the transport costs per tonne fixed on a
flat-rate basis by the French authorities in each department. The2003R0043 — EN — 01.01.2002 — 000.001 — 3
(1) Commission Regulation (EEC) No 3518/92 of 4 December 1992 laying
down detailed rules for the application of the specific measures for the
Azores as regards pineapple production (OJ L 355, 5.12.1992, p. 21); Regu-
lation as last amended by Regulation (EC) No 1445/93.
(2) Commission Regulation (EC) No 1524/98 of 16 July 1998 laying down
detailed rules for the application of the specific measures adopted in respect
of fruit and vegetables, plants and flowers for the benefit of the French over-
seas departments (OJ L 201, 17.7.1998, p. 29); Regulation as last amended
by Regulation (EC) No 21/2002 (OJ L 8, 11.1.2002, p. 15).
(3) Commission Regulation (EC) No 2477/2001 of 17 December 2001 on aid
for the transport of sugar cane in the French overseas departments (OJ L
334, 18.12.2001, p. 5).
(4) Commission Regulation (EC) No 396/2002 of 1 March 2002 laying down
detailed rules for the application of the specific measures adopted in respect
of fruit, vegetables, plants and flowers for the benefit of the Canary Islands
(OJ L 61, 2.3.2002, p. 4).
(5) Commission Regulation (EC) No 738/2002 of 29 April 2002 concerning aid
for the processing of sugar cane into sucrose syrup or agricultural rum in the
French overseas departments (OJ L 113, 30.4.2002, p. 13).
(6) Commission Regulation (EC) No 1410/2002 of 1 August 2002 concerning
aid for the processing of sugar cane into sugar syrup or agricultural rum on
Madeira (OJ L 205, 2.8.2002, p. 24).
(7) Commission Regulation (EC) No 1491/2002 of 20 August 2002 laying down
detailed rules for the application of the specific measures for wine in the
outermost regions introduced by Council Regulations (EC) No 1453/2001
and (EC) No 1454/2001 (OJ L 224, 21.8.2002, p. 49); Regulation as last
amended by Regulation (EC) No 1796/2002 (OJ L 272, 10.10.2002, p. 19).
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aid is to apply to cane intended for processing into both sugar
and rum.
(6)Transport costs vary considerably in the French overseas depart-ments. Maximum flat-rate aid amounts should therefore be fixedwhich comply with an average amount of aid for each depart-ment and which do not exceed half the transport costs pertonne, upto maximum amounts fixed on a flat-rate basis. TheFrench authorities are to determine the unit amounts granted to
producers in the light of objective criteria established by them.
Such amounts may vary in particular according to the tonnagetransported.
(7)Aid applications must be supported by evidence of transport.Given the specific features of the scheme, France should be
allowed to adopt all additional measures necessary for the
purposes of applying it.
(8)Under Article 13 of Regulation (EC) No 1452/2001, firstly a listshould be drawn upof p roducts eligible for the aid, within thelimits of annual quantities established for each category and inline with the scope for the development of local production and
processing, and the aid amounts fixed and, secondly, special
detailed rules should be adopted to ensure that the system ismonitored and that the conditions for granting the aid are met,in particular as regards contracts and the minimum price guaran-teed to producers. To that end certain provisions of Commission
Regulation (EC) No 449/2001 of 2 March 2001 laying down
detailed rules for the application of Council Regulation (EC)No 2201/96 as regards the system of production aid for productsprocessed from fruit and vegetables (
1), as last amended by
Regulation (EC) No 1426/2002 (2), should be incorporated into
this Regulation.
(9)Article 17 of Regulation (EC) No 1452/2001 and Article 18 ofRegulation (EC) No 1453/2001 provide for Community aid tobe granted for the direct processing of sugar cane produced inthe French overseas departments and Madeira into sugar syrup,sucrose syrupor agricultural rum.
(10)This aid is paid on condition that the sugar-cane producers arepaid a minimum price, up to maximum annual quantities fixedin the abovementioned Articles. The aid is calculated so thatthe ratio between the two aid amounts takes account of the quan-tities of raw material used. In the interests of clarity the amountsfor rum should be expressed as pure alcohol.
(11)A minimum price should be fixed for sugar cane intended for themanufacture of sugar syrupor rum which takes account of theconsultations held by the competent authorities with sugar-caneproducers and the businesses processing the cane into syrup andrum.
(12)Article 20 of Regulation (EC) No 1453/2001 provides for aid tobe granted to purchase rectified concentrated musts and winealcohol for the preparation of Madeira liqueur wine. Themaximum volume of the above products to be brought toMadeira should be fixed having regard to the methods tradition-ally used to produce Madeira wine. The amount of the aid
should be fixed taking account of the costs of supply to Madeira
resulting from its geographical situation and the price ofproducts in the Community and on the world market. Experiencehas shown that aid of EUR 12,08/hectolitre is sufficient tocompensate for these additional costs.
(13)Under Articles 20 and 31 of Regulation (EC) No 1453/2001 aidmay be granted for the ageing of Madeira liqueur wines andAzores ‘verdelho’ wine. The detailed rules for granting that aid2003R0043 — EN — 01.01.2002 — 000.001 — 4
(1) OJ L 64, 6.3.2001, p. 16.
(2) OJ L 206, 3.8.2002, p. 4.
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should be laid down taking account of the specific features of
the products concerned.
(14)Article 12 of Regulation (EC) No 1452/2001, Article 5 of Regu-
lation (EC) No 1453/2001 and Article 9 of Regulation (EC) No
1454/2001 provide for the grant of aid for the marketing of theproducts referred to in those Articles on the local markets of theoutermost regions. The aid must be fixed on a flat-rate basis inthe light of the average value of each of the products to be deter-
mined, within the limits of annual quantities established for each
product category. So that this provision can be implemented, alist should be drawn upof the p roducts eligible for the aid basedon the supply requirements of the regional markets, the productcategories should be established on the basis of the averagevalue of the products covered, a maximum quantity should be
fixed for all the outermost regions and detailed rules should be
laid down for granting the aid.
(15)Specific rules should be laid down for monitoring the quantitiesfixed and ensuring that the conditions set for granting the aid aremet. To that end, the local marketing scheme can be adminis-
tered satisfactorily if arrangements are introduced for approving
operators in the distribution and catering sectors, local authorityfacilities and food processing who undertake to meet certainrequirements.
(16)Under Article 20 of Regulation (EC) No 1453/2001, aid may begranted for the shipment of Madeira wine and marketing it on
the Community market. The transitional period during which
the aid is to be granted should be fixed and the detailed rulesfor granting it should be laid down. In view of the scheme'sobjectives, the aid should be granted for a long enough periodto permit commercial outlets and production to be consolidated.
(17)For the purposes of granting the different aid amounts, a distinc-tion should be made between the producer organisations referredto in Regulation (EC) No 2200/96 and other producers.
(18)As regards the aid for marketing in the rest of the Communityunder annual contracts as referred to in Articles 5 and 15 ofRegulation (EC) No 1452/2001, Article 6 of Regulation (EC)
No 1453/2001 and Article 10 of Regulation (EC) No 1454/
2001, it is necessary to define the nature of the annual contractand specify the base to be used for calculating the amount of aid,fixed at 10 % of the value of the production marketed, free atdestination, and 13 % where Article 15(4) of Regulation (EC)
No 1452/2001, Article 6(4) of Regulation (EC) No 1453/2001
and Article 10(4) of Regulation (EC) No 1454/2001 are applied,respectively. Lastly, arrangements should be made for allocatingthe quantities qualifying for aid where the limits are overrun.
(19)Commission Regulation (EC) No 412/97 of 3 March 1997 layingdown detailed rules for the application of Council Regulation
(EC) No 2200/96 as regards the recognition of producer organi-
sations (
1), as last amended by Regulation (EC) No 1120/
2001(2), fixes the minimum number of producers and minimum
volume of marketable production required for creation of aproducer organisation. In the case of France, no distinctions areprovided for to take account of the specific production condi-
tions in the French overseas departments. Such a distinction
should however be made so that different production situationscan be duly taken into account. To that end, the table in theAnnex to Regulation (EC) No 412/97 should be amended toinclude the French overseas departments in the category of
regions for which specific conditions are laid down.
(20)General provisions applicable to these measures as a whole,
especially those concerning aid applications, notification, moni-2003R0043 — EN — 01.01.2002 — 000.001 — 5
(1) OJ L 62, 4.3.1997, p. 16.
(2) OJ L 153, 8.6.2001, p. 10.
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toring and the consequences of undue payments, should be set
out in a separate title.
(21)The coverage of aid applications and the documents to be
attached with a view to assessing their justification should be
specified for each aid scheme.
(22)Where aid applications contain obvious errors, they should beadjustable at any time.
(23)The deadlines for submitting and amending aid applications mustbe complied with to enable the national authorities to
programme and subsequently carry out effective checks on the
correctness of the aid applications. Time limits should thereforebe fixed beyond which late submissions can no longer beaccepted. Moreover, a reduction should be applied to encouragegrowers to respect the time limits.
(24)Growers should be allowed to withdraw their aid applications or
parts thereof at any time provided that the competent authority
has not yet informed the grower of any errors contained in theaid application or announced an on-the-spot check which revealserrors in the part concerned by the withdrawal.
(25)Compliance with the rules on aid schemes managed under theintegrated administration and control system should be effec-
tively monitored. To this end, and to achieve a harmonised
level of monitoring in all Member States, the criteria and tech-nical procedures for carrying out administrative and on-the-spotchecks should be set out in detail. Where appropriate, theMember States should strive to combine the various checks
under this Regulation with those provided for under other
Community provisions.
(26)The minimum number of growers to undergo on-the-spot checksunder the various aid schemes should be determined.
(27)The sample for the minimum rate of on-the-spot checks shouldbe drawn partly on the basis of a risk analysis and partly at
random. The main factors to be taken into consideration for the
risk analysis should be specified.
(28)Where significant irregularities are found, the level of the on-the-spot checks should be increased during the current and thefollowing year in order to attain an acceptable level of assurancethat the aid applications concerned are correct.
(29)For on-the-spot checks to be effective, it is important that the
inspectors be informed of the reasons why the growers
concerned have been selected for an on-the-spot check. TheMember States should keeprecords of such information.
(30)In order to enable the national authorities and any competentCommunity authority to follow upon-the-sp ot checks carried
out, the details of checks should be recorded in an inspection
report. Growers or their representatives should be given theopportunity to sign the report. However, in the case of remote-sensing checks, the Member States should be allowed to providefor this right only in cases where the check reveals irregularities.Moreover, irrespective of the kind of on-the-spot check carried
out, the grower should receive a copy of the report if irregulari-
ties are found.
(31)To protect the Community's financial interests effectively,adequate measures should be adopted to combat irregularitiesand fraud.
(32)Reductions and exclusions should be determined having regard
to the principle of proportionality and the special problems
arising in cases of force majeure , exceptional circumstances and
natural disasters. Such reductions and exclusions should begraded according to the gravity of the irregularity committedand should go as far as the total exclusion from one or severalaid schemes for a specified period.2003R0043 — EN — 01.01.2002 — 000.001 — 6
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(33)As a general rule, reductions and exclusions should not be
applied where growers have submitted factually correct informa-
tion or can show otherwise that they are not at fault.
(34)Growers who notify the competent national authorities at any
time of incorrect aid applications should not be subject to reduc-
tions or exclusions irrespective of the reason for theincorrectness, provided the grower concerned has not beeninformed of the competent authority's intention to carry out anon-the-spot check and provided the authority has not alreadyinformed the grower of any irregularity in the application. The
same should apply to incorrect data contained in the compu-
terised database.
(35)Where various reductions are to be applied to the same grower,
they should be applied independently from each other and indi-
vidually. Moreover, the reductions and exclusions provided forunder this Regulation should be applied without prejudice toadditional penalties under any other provisions of Communityor national law.
(36)The administration of small amounts is a burdensome task forthe competent authorities of the Member States. They shouldtherefore be authorised not to pay amounts of aid that are below
a certain minimum limit and not to request reimbursement of
incorrectly paid amounts when the sums involved are negligible.
(37)Growers who are unable to fulfil the obligations provided for
under the sectoral rules as a consequence of force majeure or
exceptional circumstances should not lose their entitlement tothe aid. It should be specified which cases, in particular, maybe recognised by the competent authorities as cases of excep-tional circumstances.
(38)In order to ensure uniform application of the principle of goodfaith throughout the Community, where unduly paid amountsare recovered, the conditions under which that principle may be
invoked should be laid down without prejudice to the treatment
of the expenditure concerned in the context of the clearance ofaccounts under Council Regulation (EC) No 1258/1999 of 17May 1999 on the financing of the common agriculturalpolicy (
1).
(39)As a general rule, the Member States should take any furthermeasures necessary to ensure that this Regulation is properlyimplemented.
(40)Where appropriate, the Commission should be informed of anymeasures taken by the Member States to implement the aidschemes provided for in this Regulation. In order to enable theCommission to monitor effectively, the Member States should
regularly send it certain statistics on the aid schemes.
(41)To ensure the application of the new area aid schemes intro-
duced by the Council in certain sectors, the aid schemes
referred to in Article 1(b), (c), (f) and (g) and the aid for local
marketing of bananas other than plantains produced in FrenchGuiana and Réunion should apply from 1 January 2002.
(42)To enable operators to complete the performance of annualcontracts they have already concluded, the provision governingthe marketing periods or years should not be applied to currentcontracts.
(43)The measures provided for in this Regulation are in accordancewith the opinion of the joint Management Committee forCereals, Fresh Fruit and Vegetables, Processed Fruit and Vegeta-bles, Wine, Hops, Live Plants, and Sugar,2003R0043 — EN — 01.01.2002 — 000.001 — 7
(1) OJ L 160, 26.6.1999, p. 103.
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HAS ADOPTED THIS REGULATION:
TITLE I
AREAAID
CHAPTER I
General arrangements
Article 1
Scope
This chapter lays down detailed rules for applying the following aid
schemes:
(a) area aid for the cultivation of potatoes for human consumption as
provided for in Article 16 of Regulation (EC) No 1453/2001;
(b) area aid for the cultivation of sugar cane as provided for in Article
17 of Regulation (EC) No 1453/2001;
(c) area aid for the cultivation of wicker as provided for in Article 21
of Regulation (EC) No 1453/2001;
(d) area aid for the cultivation of sugarbeet as provided for in Article
28 of Regulation (EC) No 1453/2001;
(e) aid per hectare for the cultivation of seed potatoes as provided for
in Article 30(1) of Regulation (EC) No 1453/2001;
(f) area aid for the cultivation of chicory as provided for in Article
30(2) of Regulation (EC) No 1453/2001;
(g) area aid for the cultivation of tea as provided for in Article 30(4) of
Regulation (EC) No 1453/2001;
(h) area aid for the cultivation of potatoes for human consumption as
provided for in Article 14 of Regulation (EC) No 1454/2001.
Article 2
Entitlementtoaid
1. The aid referred to in Article 1 shall be paid each calendar year
for areas:
(a) which have been planted and for which all normal cultivation work
has been carried out;
(b) for which an aid application has been lodged in accordance with
Article 54.
In addition, for the aid referred to in Article 1(d):
— prior to harvesting, sugarbeet producers shall make a declaration to
the competent authorities of the areas sown,
— the areas eligible for aid shall be at least 0,3 hectare for each
producer,
— the production of beet per hectare may not be less than 25 tonnes,
— the beet must be delivered for processing before the aid is paid,— processors must inform the competent authorities of the quantity of
beet delivered by each producer.
2. The aid referred to in Article 1(h) may be paid twice a year for
two harvests on the same land.
Article 3
Reductions
1. Where the area covered by aid applications exceeds the maximum
area fixed, the aid shall be granted to applicant producers in proportionto the areas stated in their applications.
In order to check that the maximum area referred to in Article 14 of
Regulation (EC) No 1454/2001 has been complied with where cultiva-2003R0043 — EN — 01.01.2002 — 000.001 — 8
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tion aid is granted twice in a given year for the same area, that area
shall be multiplied by two.
2. Areas sown to both a perennial and a seasonal crop at the same
time may qualify for aid as referred to in Article 1 provided the
seasonal cropcan be cultivated in conditions comp arable to those ofareas dedicated to perennial crops.
For the purposes of calculating the area eligible for the aid, only the
area used for the seasonal cropshall be taken into account.
CHAPTER II
Quality wines psr of Madeira, the Azores and the Canary Islands
Article 4
Entitlementtoaid
1. The aid provided for in Article 9 of Regulation (EC) No 1453/
2001 and in Article 13 of Regulation (EC) No 1454/2001 shall be
granted only to areas which:
— have been entirely cultivated and harvested and on which all normal
cultivation work has been carried out, and
— the produce from which is covered by harvest declarations as
provided for in Commission Regulation (EC) No 1282/2001 (
1).
2. For the purposes of determining the producers to whom the aid is
to be paid:
— the transitional period referred to in Article 9(2) of Regulation (EC)
No 1453/2001 and Article 13(2) of Regulation (EC) No 1454/2001
for payment to individual producers shall expire on 31 July 2007,
— producer organisations shall be those referred to in Article 39 of
Council Regulation (EC) No 1493/1999 on the common organisa-tion of the market in wine (
2). The Member States concerned shall
lay down the criteria which producer groups must meet to qualifyfor the aid and shall notify the Commission thereof.
Article 5
Aidapplications
1. Applications for area aid shall be submitted by the person
concerned to the competent authority during the period determined by
the latter and not later than 15 May each year for the following wineyear.
2. Aid applications shall contain at least the following:
(a) the surname, forename and address of the wine-grower, or wine-
growing groupor organisation;
(b) the areas cultivated for the production of quality wines psr, in
hectares and ares with the land register reference for those areasor information recognised as equivalent by the body responsiblefor checking the areas;
(c) the grape variety used;
(d) an estimate of the production that may be harvested.
Article 6
Paymentoftheaid
After having established the actual harvest and yield for the areas
concerned, the Member State shall pay the aid by 1 April of the wineyear for which the aid is granted.2003R0043 — EN — 01.01.2002 — 000.001 — 9
(1) OJ L 176, 29.6.2001, p. 14.
(2) OJ L 179, 14.7.1999, p. 1.
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TITLE II
PRODUCTIONAID
CHAPTER I
Pineapples
Article 7
Scope
This chapter lays down detailed rules for applying the production aid
scheme for pineapples provided for in Article 27 of Regulation (EEC)No 1453/2001.
Article 8
Prior declaration
Producers wishing to benefit from the production aid scheme for pine-
apples referred to in Article 7 shall make a declaration to the
competent authority designated by Portugal before a date to be deter-
mined by that authority. The date set shall allow time for thenecessary on-the-spot checks.
Declarations shall include at least the following information:
— the references and areas of the parcels, in hectares and ares, identi-
fied in accordance with Articles 4 and 5 of Council Regulation(EEC) No 3508/92 (
1), on which the pineapples are to be grown,
and
— an estimate of the quantities to be produced.
Article 9
Aidapplications
Producers shall submit their aid applications during the following
months:
— January for production harvested in July to December of the
previous year,
— July for production harvested from January to June of the current
year.
Article 10
Paymentoftheaid
The competent authorities shall take the measures necessary to ensure
that the annual quantities for which the aid is granted do not exceed thevolume fixed in Article 27 of Regulation (EC) No 1453/2001.
CHAPTER II
Vanilla and essential oils
Article 11
Scope
This chapter lays down detailed rules for applying the following aid
schemes:
(a) production aid for green vanilla falling within CN code
ex 0905 0000 intended for the production of dried (black) vanillaor vanilla extracts as provided for in Article 12(2) of Regulation(EC) No 1452/2001;2003R0043 — EN — 01.01.2002 — 000.001 — 10
(1) OJ L 355, 5.12.1992, p. 1.
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(b) production aid for essential oils of geranium and vetiver falling
within CN codes 3301 21 and 3301 26 as provided for in Article12(3) of Regulation (EC) No 1452/2001.
Article 12
Procedures andtechnicalcharacteristics
The competent authorities shall specify the manufacturing procedures
and define the technical characteristics of green vanilla and essentialoils of geranium and vetiver qualifying for the aid.
Article 13
Processorsandlocal collection andmarketingbodies
1. The aid referred to in Article 11(a) shall be paid to producers
through processors approved by the competent authorities.
The aid referred to in Article 11(b) shall be paid to producers via local
collection and marketing bodies approved by the competent authorities.
2. The competent authorities shall grant approval to processors and
bodies as referred to in paragraph 1 established in the production
region and possessing plant and equipment suitable for the preparation
of dried (black) vanilla or vanilla extracts, or for the collection andmarketing of essential oils, and which fulfil the obligations set out inArticle 14.
Article 14
Obligationsofprocessorsandcollection andmarketingbodies
Approved processors and collection and marketing bodies shall under-
take, in particular:
— to pay producers the full amount of the aid referred to in Article
12(2) and (3) of Regulation (EC) No 1452/2001 under supply
contracts not later than one month from the date of payment of the
aid by the competent authority,
— to keep separate accounts for transactions connected with the appli-
cation of this Regulation,
— to allow any checks or inspections required by the competent autho-
rities and to notify all information relating to the application of thisRegulation.
Article 15
Reductioncoefficient
Where the quantities covered by aid applications exceed the permitted
annual quantities, the competent authorities shall set a reduction coeffi-
cient to be applied to all applications.
Article 16
Paymentoftheaid
The national authorities shall make payment of the aid conditional
upon the presentation of delivery notes jointly signed by the producer
and the approved processors or collection and marketing bodies, as the
case may be.
CHAPTER III
Transport of sugar cane in the French overseas departments
Article 17
1. Aid as provided for in Article 16 of Regulation (EC) No 1452/
2001 for the transport of sugar cane from the edge of the field whereit is harvested to the reception centres shall be paid on the terms set out2003R0043 — EN — 01.01.2002 — 000.001 — 11
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in this chapter to producers delivering their cane directly to reception
centres.
2. To be eligible for transport aid, the cane must be intended for the
production of sugar or rum.
3. The aid shall be paid for the transport of cane of sound and fair
merchantable quality.
4. ‘Reception centre’ means the weighing centre or the factory itself,
where delivery is direct to the latter, be it a sugar refinery or a distil-
lery.
Article 18
1. The transport costs to producers shall be determined on the basis
of the distance between the edge of the field and the reception centre
and other objective criteria, including conditions of access to the fieldand the existence of natural handicaps.
2. Without prejudice to paragraph 3, the unit amount of aid fixed for
producers shall not exceed:
(a) half the transport costs per tonne fixed on a flat-rate basis in accor-
dance with paragraph 1;
(b) the maximum amounts below for each department:
— EUR 5,49/tonne for Réunion,
— EUR 5,34/tonne for Guadeloupe,— EUR 3,96/tonne for Martinique,
— EUR 3,81/tonne for French Guiana.
3. The aid for cane transport shall be determined by the French
authorities in accordance with the following average unit amount for
each department, depending on the quantities involved:
— EUR 3,2/tonne for Réunion,
— EUR 2,5/tonne for Guadeloupe,
— EUR 2,0/tonne for Martinique,— EUR 2,0/tonne for French Guiana.
TITLE III
PROCESSINGAID
CHAPTER I
Fruit and vegetables
Article 19
Scope
The aid provided for in Article 13 of Regulation (EC) No 1452/2001
shall be paid to processors approved by France under the terms setout in this chapter.
Article 20
Entitlementtoaid
1. The aid shall be paid for processing the fruit and vegetables,
harvested in the French overseas departments, listed in column II of
part A of Annex I for which processors have paid a price at least equal
to the minimum price under processing contracts covering the manu-facture of one of the products listed in part B of Annex I.
2. The aid shall be paid up to the annual quantities fixed in column
III of part A of Annex I for each of the three product categories A, B
and C.
3. The amounts of aid applicable to each product category shall be
as set out in column IV of part A of Annex I.2003R0043 — EN — 01.01.2002 — 000.001 — 12
▼B
Article 21
Approvalofprocessors
1. Processors wishing to qualify for the aid shall submit an applica-
tion for approval to the office designated by the competent authorities,by a date to be set by those authorities, giving all the informationrequired by France for administering and monitoring the aid scheme.
2. The competent authorities shall grant approval, upon application,
to processors or legally constituted associations or groups of processors
which, in particular:
(a) possess equipment suitable for processing fruit and vegetables; and
(b) undertake in writing:
— to keep separate accounts relating to performance of the
contracts referred to in Article 22, and
— to provide the competent authorities, at the request of the latter,
with all supporting documentation relating to performance of
the contracts and fulfilment of the commitments entered intounder this Regulation.
Article 22
Processingcontracts
1. The contracts referred to in Article 13(1) of Regulation (EC) No
1452/2001, hereinafter called ‘processing contracts’, shall be concluded
in writing before the beginning of each marketing year. They shall takeone of the following forms:
(a) a contract between an individual producer or a producer organisa-
tion recognised under Regulation (EC) No 2200/96, on the one
hand, and a processor or an association or group of processors
approved by the national authorities, on the other;
(b) an undertaking to deliver supplies, where the producer organisation
referred to in (a) acts as processor.
2. Contracts shall each cover a calendar year and the same two
contracting parties may not conclude more than one contract per yearbetween themselves.
3. Processing contracts shall specify, in particular:
(a) the business names of the parties to the contract;
(b) a precise description of the product(s) covered by the contract;
(c) the quantities of raw materials to be supplied;
(d) the timetable for deliveries to the processor;
(e) the price to be paid for the raw materials, excluding in particular
costs connected with packing, transport and the payment of fiscal
charges, which shall, where applicable, be indicated separately.
The price shall not be lower than the minimum price referred toin the second subparagraph of Article 13(1) of Regulation (EC)No 1452/2002;
(f) the finished products to be produced.
4. On terms laid down for each product by the competent authori-
ties, the contracting parties may decide, by means of a writtenamendment, to increase the quantities originally stipulated in thecontract by no more than 30 %.
5. Where producer organisations also act as processors, the proces-
sing contracts covering their own production shall be deemed to havebeen concluded after the following particulars have been forwarded tothe competent authority within the time limit laid down in paragraph 6:
(a) the total area on which the raw material is grown, together with
land register reference numbers or a reference recognised as
equivalent by the inspection body;
(b) an estimate of the total harvest;2003R0043 — EN — 01.01.2002 — 000.001 — 13
▼B
(c) the quantity intended for processing;
(d) the forecast processing schedule.
6. The processor or association of processors shall forward a copy of
each processing contract and any amendments thereto to the competentauthorities within the deadline fixed by those authorities.
Article 23
Paymentoftheminimumprice
1. Without prejudice to cases covered by Article 22(1)(b), proces-
sors shall pay the price of the raw materials to the producerorganisation or individual producer exclusively by bank or post officetransfer order.
Producer organisations shall pay producers the full amount referred to
in the first subparagraph within 15 working days of receipt, by bank or
post office transfer order. In cases as referred to in Article 22(1)(b),payment may be made by opening a credit. France shall adopt themeasures necessary to check compliance with this paragraph and shallprovide in particular for penalties to be imposed on the administrators
of the producer organisation according to the seriousness of any failure
to comply.
2. France may adopt additional provisions relating to processing
contracts, covering in particular time limits, terms and methods ofpayment of the minimum price and damages payable by processors,producer organisations or producers where they do not fulfil their obli-
gations under contracts.
Article 24
Qualityofproducts
Without prejudice to any minimum quality criteria laid down or to be
laid down in accordance with the procedure provided for in Article 46of Regulation (EC) No 2200/96, raw materials delivered to processors
under processing contracts shall be of sound and fair merchantable
quality and suitable for processing.
Article 25
Aidapplications
1. Processors shall submit two aid applications for each marketing
year to the body designated by France:
(a) the first relating to products processed from 1 January to 31 May;
(b) the second relating to products processed from 1 June to 31
December.
2. Aid applications shall indicate in particular the net weight of the
raw materials used and of the finished products obtained, described inaccordance with parts A and B of Annex I respectively. They shall beaccompanied by copies of the transfer orders provided for in the firstsubparagraph of Article 23(1). In the case of undertakings to deliver
supplies, such copies may be replaced by a declaration by the producer
to the effect that the processor has paid a price at least equal to theminimum price. Such copies or declarations shall quote the referencesof the relevant contracts.
Article 26
Reductioncoefficient
1. Where the information referred to in Article 22(6) indicates that
the quantity set for a category of products shown in column III ofpart A of Annex I is likely to be exceeded, the competent authoritiesshall set a provisional reduction coefficient to be applied to all aidapplications for that category submitted under Article 25(1)(a). Thecoefficient, which shall be the ratio between the quantities referred to2003R0043 — EN — 01.01.2002 — 000.001 — 14
▼B
in column III of part A of Annex I and those set by contract plus any
additional quantities agreed, shall be calculated not later than 31March.
2. Where paragraph 1 is applied, at the end of the marketing year
the competent authorities shall establish the definitive reduction coeffi-
cient to be applied to all aid applications for the category of products
concerned submitted under Article 25(1)(a) and (b).
Article 27
Recordkeeping
1. Processors shall keeprecords showing at least the following:
(a) consignments of raw materials purchased and entering their
premises each day which are covered by processing contracts oramendments thereto, together with the numbers of any receiptsissued for such consignments;
(b) the weight of each consignment brought into their premises and the
name and address of the other party to the contract;
(c) the quantities of finished products obtained each day from proces-
sing the raw materials on which the aid is payable;
(d) the quantities and prices of products leaving the processor's
premises, consignment by consignment, with details of the
consignee. Such data may be recorded by reference to supportingdocuments, provided the latter contain the above particulars.
2. Processors shall retain proof of payment for all raw materials
purchased under processing contracts or amendments thereto.
3. Processors shall undergo any inspections or checks deemed neces-
sary and shall keepsuch additional records as the comp etent authoritiesrequire to conduct any checks that they deem necessary. Where aninspection or check cannot be conducted for reasons attributable to theprocessor, despite the latter having been formally notified thereof, no
aid shall be paid for the marketing years concerned.
CHAPTER II
Sugar
Section I
Sugar cane
Article 28
Scope
This chapter lays down detailed rules for applying the following aid
schemes:
(a) Community aid for the direct processing of sugar cane into sucrose
syrupor agricultural rum as p rovided for in Article 17 of Regula-tion (EC) No 1452/2001;
(b) aid for the direct processing of sugar cane into sugar syrup or agri-
cultural rum as provided for in Article 18 of Regulation (EC) No
1453/2001.
Article 29
Paymentoftheaid
1. The aid referred to in Article 28 shall be paid, as the case may
be:
(a) to any sucrose syrupmanufacturer or distiller:
— whose plant is located in one of the French overseas depart-
ments, and2003R0043 — EN — 01.01.2002 — 000.001 — 15
▼B
— who produces directly from cane harvested in the same French
overseas department:
(i) sucrose syrupof less than 75 % p urity used in the manufac-
ture of aperitifs; or
(ii) agricultural rum as defined in Article 1(4)(a)(2) of Council
Regulation (EEC) No 1576/89 (1);
(b) to any sugar syrupmanufacturer or distiller whose facilities are
located on the territory of Madeira and who directly processescane harvested on Madeira.
2. Aid shall be paid out each year for the quantities of sugar cane
processed directly into sugar syrup, sucrose syrup or agricultural rum
for which the syrupmanufacturer or distiller shows p roof that thesugar-cane producers concerned have been paid the minimum pricereferred to in Article 30.
3. The amount of the processing aid is hereby fixed as follows:
(a) for the aid referred to in Article 28(a),
— at EUR 9,0 per 100 kilograms of sugar expressed as white
sugar, for sucrose syrup,
— at EUR 64,22 per hectolitre of pure alcohol produced, for agri-
cultural rum;
(b) for the aid referred to in Article 28(b),
— at EUR 53 per 100 kilograms of sugar expressed as white sugar,
for sugar syrup,
— at EUR 90 per hectolitre of pure alcohol produced, for agricul-
tural rum.
Article 30
Minimumprice forsugarcane
1. The minimum prices referred to in the second subparagraph of
Article 17(1) of Regulation (EC) No 1452/2001 and in the secondsubparagraph of Article 18(1) of Regulation (EC) No 1453/2001 arehereby fixed as follows:
— Réunion: EUR 51,01 per tonne of cane,
— Martinique: EUR 45,16 per tonne of cane,
— Guadeloupe and French Guiana: EUR 55,95 per tonne of cane,— Madeira: EUR 78,9 per tonne of cane.
The minimum price shall apply to cane of sound and fair merchantable
quality and of standard sugar content. The delivery stage of the sugarcane shall be free at factory gate.
2. The standard sugar content and the scale of increases and reduc-
tions to be applied to the minimum price when the sugar content of thecane differs from the standard sugar content shall be adopted by thecompetent authority on the proposal of a joint committee of distillers
or syrupmanufacturers and the sugar-cane p roducers.
Article 31
Minimumprice
1. Proof that the minimum price has been paid to the sugar-cane
producer shall be established by a certificate drawn up on normal paper
by the syrupmanufacturer or distiller. The certificate shall show:
(a) the name of the syrupmanufacturer or distiller;
(b) the name of the sugar-cane producer;
(c) the total quantities of sugar cane for which the minimum price
fixed for the calendar year concerned has been paid and which2003R0043 — EN — 01.01.2002 — 000.001 — 16
(1) OJ L 160, 12.6.1989, p. 1.
▼B
have been delivered to the syrupfactory or distillery by the
producer concerned during that calendar year;
(d) the quantity of product for which the minimum price has been paid.
2. The certificate shall be signed by the sugar-cane producer and the
syrupmanufacturer or distiller.
3. The manufacturer or distiller shall keepthe original of the certifi-
cate. A copy shall be given to the sugar-cane producer.
Article 32
Reductioncoefficient
1. When the sum of the quantities covered by aid applications in a
given calendar year is greater than the annual quantities referred to inArticle 17(2) of Regulation (EC) No 1452/2001 and in Article 18(2) of
Regulation (EC) No 1453/2001, a standard reduction coefficient shall
be applied to each application for the product concerned.
However, France may allocate the quantity of rum referred to in para-
graph 1 by department on the basis of the average quantity ofagricultural rum sold by each department in the years 1997 to 2001. Ifthe quantities covered by aid applications exceed the overall quantities,the reduction coefficients may be differentiated by department.
2. Aid applications shall be submitted to the competent authorities
designated by France or Portugal, as the case may be.
Section II
Beet sugar
Article 33
This chapter lays down detailed rules for applying the aid for the
processing into white sugar of sugarbeet harvested in the Azores
provided for in Article 28(2) of Regulation (EC) No 1453/2001.
Article 34
1. Processing undertakings shall submit their applications in writing
to the competent authorities. Applications shall indicate the quantity of
white sugar produced from sugarbeet harvested in the Azores and shallbe accompanied by:
(a) proof of purchase of the sugarbeet from each producer who has
delivered the sugarbeet that has been processed; and
(b) a written undertaking not to refine raw sugar during the period
when sugarbeet is being processed into white sugar.
2. The aid referred to in paragraph 1 shall be paid only after it has
been established that white sugar has been produced from the sugarbeet
harvested in the Azores.
Article 35
Portugal shall take all the measures necessary to ensure that the aid is
granted only upto the maximum referred to in Article 28 of Regulation(EC) No 1453/2001.2003R0043 — EN — 01.01.2002 — 000.001 — 17
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CHAPTER III
Wine
Section I
Aid for the purchase of rectified concentrated musts and wine alcohol
in Madeira
Article 36
1. Producers established in the Madeira island groupwishing to
qualify for aid for the purchase of rectified concentrated musts for usein wine-making to sweeten Madeira liqueur wines, or aid for thepurchase of wine alcohol, under Article 20(2) and (3) of Regulation
(EC) No 1453/2001, shall submit to the competent body, by a date
specified by the latter, which may not be later than 31 October, anapplication containing at least the following:
— a copy of the contract for the purchase of rectified concentrated
musts or wine alcohol elsewhere in the Community,
— the quantity of rectified concentrated musts or wine alcohol for
which aid is requested, expressed in hectolitres and in % vol,
— the date of taking over of the musts or wine alcohol,— the date set for the start of the operations to prepare liqueur wines,
and the place at which these operations are to be carried out.
2. The aid is hereby fixed at EUR 12,08 per hectolitre.3. The aid shall be paid for the purchase of a maximum quantity of
3 600 hectolitres of rectified concentrated musts and a maximum quan-tity of 8 000 hectolitres of wine alcohol in each marketing year.
Article 37
1. The competent body shall take all necessary steps to verify the
accuracy of the applications and check that the rectified concentratedmusts and the wine alcohol covered by the aid applications are actuallyused in the proper way.
2. The competent body shall pay the aid to the producer before the
end of the wine year concerned, without prejudice to any delays caused
by further checks.
Section II
Aid for the ageing of Madeira liqueur wines and Azores wine
Article 38
1. Aid for the ageing of Madeira liqueur wines and Azores
‘verdelho’ wine, as provided for in Article 20(5) and Article 31 ofRegulation (EC) No 1453/2001, shall be paid for all quantities of
wine placed in storage for the purpose of ageing on the same date and
aged for an uninterrupted period of at least five years in the case ofMadeira and three years in the case of the Azores.
2. Aid for the ageing of Madeira liqueur wine and Azores wine shall
be granted to producers in those regions who submit an application tothe competent body during the first two months of each year.
3. The aid shall be granted by priority for wine from the most recent
harvest. Applications for wines produced during previous marketingyears shall be accepted where the maximum quantities laid down inRegulation (EC) No 1453/2001 are not reached, with priority beinggiven to the youngest wines.
4. Where the overall quantity covered by applications exceeds the
maximum quantities laid down in Regulation (EC) No 1453/2001, areduction coefficient shall be applied. The total quantity of productfor which a producer submits an aid application may not exceed thatcovered for the marketing year in question by a production declarationas provided for in Regulation (EC) No 1282/2001.2003R0043 — EN — 01.01.2002 — 000.001 — 18
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5. The Portuguese authorities shall make known to the Commission:
— the overall quantities for which contracts have been concluded each
year,
— the detailed rules for applying this paragraph.
6. Operators wishing to qualify for the aid scheme shall conclude
with the competent body an ageing contract for no less than five yearsin the case of Madeira and three years in the case of the Azores.
7. Contracts shall be concluded on the basis of an aid application
submitted once only at the start of the period referred to above. Appli-
cations shall contain at least the following:
(a) the name and address of the applicant producer;
(b) the number of batches covered by the ageing contract and precise
particulars of each batch (in particular the tank number, the quan-
tity stored, and the exact location);
(c) for each batch, the harvest year, the technical characteristics of the
liqueur wine concerned and, in particular, its total alcoholicstrength, actual alcoholic strength, sugar content, total acidity and
volatile acidity;
(d) for each batch, the type of container;
(e) for each batch, the first and last day of the storage period.
8. Correct performance of the ageing contract shall confer entitle-
ment to payment of the overall amount of the aid determined whenthe contract is signed. In Madeira, one third of the aid shall be paid inthe first, third and fifth years of storage. In the Azores, one third of theaid shall be paid in each storage year.
9. Acceptance of the contract shall be subject to the lodging of a
performance guarantee corresponding to 40 % of the overall amount
of the aid covering the contract period. The guarantee shall be lodgedin accordance with Commission Regulation (EEC) No 2220/85 of 22July 1985 laying down common detailed rules for the application ofthe system of securities for agricultural products (
1).
10. The competent body shall ensure that the terms of the ageing
contract are observed by checking the producers' records and carrying
out on-the-spot inspections.
11. Performance guarantees shall be released when it is established
that the contract has been properly performed.
12. Where the competent body finds that the liqueur wine covered
by a contract is unsuitable for offering for sale or using for direct
human consumption, it shall terminate the contract. Except in cases of
force majeure , termination of the contract shall entail the recovery of
aid amounts paid and forfeiture of the performance guarantee. Thecircumstances of force majeure relied upon shall be notified to the
competent body within three working days following the date on whichthey occur.
TITLE IV
CHAPTER I
Local marketing
Article 39
Scope
This chapter lays down detailed rules for applying the aid granted for
fruit, vegetables, flowers and live plants harvested or produced locallyand intended to supply the markets of the respective productionregions, as provided for in Article 12(1) of Regulation (EC) No 1452/2003R0043 — EN — 01.01.2002 — 000.001 — 19
(1) OJ L 205, 3.8.1985, p. 5.
▼B
2001, Article 5(1) of Regulation (EC) No 1453/2001 and Article 9(1)
of Regulation (EC) No 1454/2001.
Article 40
Entitlementtoaid
1. The lists of the products qualifying for the aid referred to in
Article 39, classified by category, shall be as fixed in column II ofAnnexes II, III, IV and V for the French overseas departments, the
Azores, Madeira and the Canary Islands, respectively.
2. The products shall be covered by supply contracts as referred to
in Article 41 and comply with the standards established in accordancewith Title I of Regulation (EC) No 2200/96 as regards fruit and vege-tables or, where no such standards have been adopted, the qualityspecifications contained in the contracts.
3. The aid shall be granted upto the annual quantities for each
product category set out in column III of Annexes II, III, IV and V.
4. The aid amounts applicable for each product category shall be as
fixed in columns IV and V of Annexes II, III, IV and V. The amounts
shown in column V shall apply to producer organisations recognised inaccordance with Articles 11 and 14 of Regulation (EC) No 2200/96.The amounts shown in column IV shall apply to other producers.
5. Where the supply requirements of the French overseas depart-
ments for one or more products so require, the competent authoritiesshall grant the aid for the supply to a department other than the depart-
ment in which the product is harvested.
Article 41
Supplycontracts
1. Supply contracts shall be concluded between individual produ-
cers, producer groups or producer organisations on the one hand and
approved operators as referred to in Article 42 on the other hand.
Contracts shall include in particular:
(a) the business names of the parties to the contract;
(b) a precise description of the products covered;
(c) the total quantity to be supplied and the forecast delivery schedule;
(d) the references and areas of the parcels on which the products are
grown and the names and addresses of each grower concerned;
(e) the duration of the undertaking;
(f) the packaging and presentation method and information relating to
transport (conditions and costs);
(g) the exact delivery stage.
2. Contractors may increase the quantity initially specified in the
contract by no more than 30 %, by means of an amendment in writingto the contract.
3. Contracts and amendments thereto shall be signed before the start
of the deliveries concerned and before a deadline set by the competent
authorities, which may differ for each product.
4. The competent authorities may adopt additional provisions
concerning contracts, in particular regarding compensation in the eventof failure to observe contractual obligations or to fix a minimum quan-tity for each contract. Where administration of the aid scheme sorequires, the competent authorities may specify marketing periods oryears other than those referred to in Article 53 for each product.2003R0043 — EN — 01.01.2002 — 000.001 — 20
▼B
Article 42
Approvedoperators
1. Economic operators in the wholesale or retail food trade or in
catering, local authorities and, in the Azores, Madeira and the Canary
Islands, food processors, wishing to participate in the aid scheme shall
submit applications for approval to the body designated by the compe-tent authorities before a date set by the latter. That body shall lay downthe conditions for approval and shall publish each year a list ofapproved operators, not less than one month before the deadline for
the signing of contracts.
2. The approved operators shall give an undertaking to:
(a) market or, in the case of the Azores, Madeira and the Canary
Islands, process the products covered by the supply contracts exclu-sively in the production region;
(b) keep separate accounts covering the performance of the supply
contracts;
(c) provide the competent authorities, at the request of the latter, with
all supporting documentation concerning the performance of thecontracts and fulfilment of the undertakings made under this Regu-
lation.
Article 43
Declarations
Individual producers, producer groups and producer organisations
wishing to qualify under the aid scheme shall send a declarationtogether with a copy of the contract referred to in Article 41 to thedepartment designated by the competent authorities before a date setby the latter.
Article 44
Reductioncoefficient
1. Where the documents referred to in Article 43 indicate that the
quantities provided for in Article 40(3) are likely to be exceeded, the
competent authorities shall fix a provisional reduction coefficient tobe applied to all aid applications concerning the category concernedand shall inform the interested parties thereof. The coefficient, whichshall be the ratio between the quantities shown in column III of
Annexes II, III, IV and V and the quantities covered by the contracts
and any amending clauses, shall be set before any decision is taken togrant the aid and at the latest one month after the deadline referred toin Article 41(3).
2. Where paragraph 1 is applied, at the end of the marketing year
the competent authorities shall establish the definitive reduction coeffi-
cient to be applied to all aid applications covering the product category
concerned submitted during the marketing year.
CHAPTER II
Marketing outside the production region
Section I
Rice, fruit, vegetables, plants and flowers and potatoes
Article 45
Scope
This section lays down detailed rules for applying the following aid
schemes:
(a) the aid referred to in Article 5 of Regulation (EC) No 1452/2001;
(b) the aid referred to in Article 15 of Regulation (EC) No 1452/2001;2003R0043 — EN — 01.01.2002 — 000.001 — 21
▼B
(c) the aid referred to in Article 6 of Regulation (EC) No 1453/2001;
(d) the aid referred to in Article 30(3) of Regulation (EC) No 1453/
2001;
(e) the aid referred to in Article 10 of Regulation (EC) No 1454/2001.
Article 46
Annualcontracts
1. ‘Annual contract’ shall mean a contract by which an operator,
either a natural person or a legal entity established elsewhere in theCommunity, outside the outermost region of production, undertakes,before the beginning of the marketing period for the product orproducts concerned, to purchase all or part of the production of an indi-
vidual producer, a member of a producer group or a producer
organisation in the outermost regions, with a view to marketing itoutside the production region.
2. Operators who intend to submit an application for aid shall send
the annual contract to the competent French, Portuguese or Spanish
authorities, as the case may be, before the start of the marketing period
for the product or products concerned.
Contracts shall include at least the following information:
(a) the business names of the contracting parties and their places of
establishment;
(b) a precise description of the products covered;
(c) the total quantity to be supplied and the forecast delivery schedule;
(d) the references and areas of the parcels on which the products are
grown and the names and addresses of each grower concerned;
(e) the duration of the undertaking;
(f) the packaging and presentation method and information relating to
transport (conditions and costs);
(g) the exact delivery stage.
Contractors may increase the quantity initially specified in the contract
by no more than 30 %, by means of an amendment in writing to thecontract.
3. The competent authorities shall assess the contracts for compli-
ance with the relevant provisions referred to in Article 45 and with
this section. They shall verify that the contracts contain all the informa-tion specified in paragraph 2. They shall inform the operator whetherArticle 48 is likely to be applied.
4. For the purpose of calculating the aid, the value of marketed
production, delivered to destination zone, shall be evaluated on thebasis of the annual contract, the particular transport documents andany other supporting documents submitted to justify the applicationfor payment. The value of the marketed production to be taken intoaccount shall be that of a delivery to the first port or airport of
unloading. The competent authorities may request any information or
additional supporting documentation appropriate for calculating the aid.
5. Applications for aid shall be submitted by the buyer or, in cases
as referred to in Article 6 of Regulation (EC) No 1453/2001, by the
seller who has signed an undertaking to market the product. Where
administration of the aid scheme so requires, the competent authoritiesmay specify marketing periods or years other than those referred to inArticle 53 for each product.
Article 47
MarketingflowersandplantsproducedintheAzoresandMadeira
1. For the purposes of Article 6 of Regulation (EC) No 1453/2001
as regards marketing flowers and plants produced in the Azores andMadeira elsewhere in the Community, individual producers, producergroups and producer organisations as referred to in Articles 11, 132003R0043 — EN — 01.01.2002 — 000.001 — 22
▼B
and 14 of Regulation (EC) No 2200/96 wishing to participate in the aid
scheme shall submit their applications to the body designated by thecompetent Portuguese authorities before a date to be determined by
the latter.
That body shall lay down the conditions for approval and shall publish
each year a list of approved individual producers, producer groups orproducer organisations, at least one month before the beginning of themarketing period.
2. Individual producers, producer groups and producer organisations
as referred to above wishing to qualify under the aid scheme shall send
a declaration to the office designated by the competent authorities
before the beginning of the marketing period of the productsconcerned, undertaking in particular:
(a) to market the flowers and plants only elsewhere in the Community;
(b) to notify the names of the contracting firms or intermediaries and
their place of establishment;
(c) to indicate, in particular:
— the plants and flowers to be marketed,
— the references and areas of the parcels, identified in accordance
with Articles 4 and 5 of Regulation (EEC) No 3508/92, onwhich the products concerned are grown and, in the case of
producer organisations, the names and addresses of each grower
concerned; the parcel references need not be notified in the caseof dried flowers falling within CN code 060390 00;
(d) to indicate the packaging and presentation method and information
relating to transport (conditions and costs) and the exact delivery
stage;
(e) to keepsep arate accounts covering the conduct of the sales referred
to in this Article;
(f) to provide the competent Portuguese authorities, at the request of
the latter, with all supporting documentation concerning theconduct of the sales referred to in this article and fulfilment of theundertakings made under this Regulation.
3. For the purpose of calculating the aid, the value of marketed
production, delivered to destination zone, shall be evaluated on thebasis of the particular transport documents and any other supporting
documents submitted to justify the application for payment. The value
of the marketed production to be taken into account shall be that of adelivery to the first port or airport of unloading. The competent autho-rities may request any information or additional supportingdocumentation appropriate for calculating the aid.
4. Aid applications shall be submitted by individual producers,
producer groups or producer organisations as referred to in Articles
11, 13 and 14 of Regulation (EC) No 2200/96 who have undertakento market the product. Where administration of the aid scheme sorequires, the competent authorities may specify marketing periods oryears other than those referred to in Article 53 for each product.
Article 48
Reductioncoefficient
1. Where the quantities covered by aid applications for a given
product exceed the volume laid down in Article 15(1) of Regulation(EC) No 1452/2001 or, in the case of melons falling within CN code
ex 0807 10 90 and pineapples falling within CN code 0804 30 00, the
limit laid down in paragraph 6 of that Article or the limits laid down inArticle 10(2) of Regulation (EC) No 1454/2001, the competent autho-rities shall determine a standard percentage reduction to be applied toall aid applications.
2. For rice from French Guiana:
(a) if necessary, the competent French authorities shall fix a standard
reduction coefficient to be applied to the applications concerned to2003R0043 — EN — 01.01.2002 — 000.001 — 23
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ensure that the quantity for which aid is granted each year,
expressed in terms of milled rice equivalent, does not exceed12000 tonnes for all quantities covered by applications and, within
that ceiling, that the quantities disposed of elsewhere in the
Community outside Guadeloupe and Martinique do not exceed4 000 tonnes;
(b) the standard reduction coefficient shall be calculated as follows:
(i) where the total quantity covered by aid applications is less
than 12 000 tonnes but the quantity of rice disposed of ormarketed elsewhere in the Community outside Guadeloupeand Martinique exceeds the maximum volume of 4 000 tonnes,the coefficient i obtained from the following formula shall be
applied to the latter quantities only:
i¼
4000
x
where:
x = the quantity of rice from French Guiana actually
disposed of and marketed elsewhere in the Community
outside Martinique and Guadeloupe;
(ii) where the total quantity covered by aid applications exceeds
12 000 tonnes but the quantity of rice disposed of or marketed
elsewhere in the Community outside Guadeloupe and Marti-nique is less the maximum volume of 4 000 tonnes, thecoefficient j obtained from the following formula shall beapplied to all quantities:
j¼
12000
y
where:
y = the total quantity of rice from French Guiana covered by
aid applications;
(iii) where the total quantity covered by aid applications exceeds
12 000 tonnes and the quantity of rice disposed of or marketed
elsewhere in the Community outside Guadeloupe and Marti-
nique exceeds the maximum volume of 4 000 tonnes, thecoefficient z obtained from the following formula shall beapplied:
z¼
12000
i/C2xðÞ þ k
where:
x = the quantity of rice from French Guiana actually
disposed of and marketed elsewhere in the Community
outside Martinique and Guadeloupe;
i = the reduction coefficient to be applied to aid applications
for the quantity of rice from French Guiana actuallydisposed of and marketed elsewhere in the Communityother than in Martinique and Guadeloupe referred to at
(i),
k = the quantity of rice from French Guiana actually
disposed of and marketed in Martinique and Guade-loupe.
The competent French authorities shall immediately notify the
Commission when this paragraph is applied, and of the quantitiesinvolved;
(c) aid shall be paid for quantities actually disposed of and marketed
under an annual contract or contracts in accordance with the applic-
able provisions;
(d) for the purposes of this Article, the coefficient for the processing
of:
— paddy rice into wholly-milled rice is fixed at 0,45,2003R0043 — EN — 01.01.2002 — 000.001 — 24
▼B
— husked rice into wholly-milled rice is fixed at 0,69,
— semi-milled rice into wholly-milled rice is fixed at 0,93.
Article 49
Jointventures
The increase in aid provided for in Article 15(4) of Regulation (EC)
No 1452/2001, Article 6(4) of Regulation (EC) No 1453/2001 andArticle 10(4) of Regulation (EC) No 1454/2001 shall be paid onpresentation of proof of the commitments entered into by the partnersfor a period of not less than three years to pool the knowledge and
know-how required to achieve the objective of the joint venture. These
commitments shall include a clause prohibiting cancellation of thecontract before the end of the aforementioned three-year period.
Where the aforementioned commitments are broken, the operator may
not submit an application for aid for the marketing year concerned.
Article 50
Reconsignmentandre-export ofrice
1. Products receiving aid under Article 5 of Regulation (EC) No
1452/2001 may not be exported; in addition, products disposed of andmarketed in Guadeloupe and Martinique may not be reconsigned to therest of the Community.
Products disposed of and marketed elsewhere in the Community on
which the aid referred to in the first subparagraph has been paid may
not be reconsigned to Guadeloupe, Martinique or French Guiana.
2. The competent authorities shall take all the necessary monitoring
measures to ensure compliance with paragraph 1. Such measures shall
include, in particular, unannounced physical checks. The Member Stateconcerned shall notify the Commission of the measures taken to thiseffect.
Section II
Madeira wine
Article 51
1. The aid referred to in Article 20(6) of Regulation (EC) No 1453/
2001 shall be granted upto and including the end of the 2005/06 wineyear.
2. Where the aid is applied for in respect of containers of less than
one litre, a reduction coefficient shall be applied to take account of thevolume of the bottle.
3. The aid shall be paid to shippers who submit an application to the
competent body for each lot for the period laid down by that body.
4. Applications shall contain at least the following:
— a copy of section 3 of the accompanying administrative document
(AAD), duly completed, with particulars of the consignor and theconsignee (name, address, country), the volume of wine dispatchedin litre equivalent, the customs code description, the stamp of the
Madeira Wine Institute certifying the product and the stamp of the
Madeira customs authorities certifying that the product has left theterritory,
— a copy of the invoice from the carrier/shipping agent showing the
final destination or the marine bill of lading,
— a copy of the invoice to the buyer showing the volume in litre
equivalent, which must correspond to that shown on the AAD.2003R0043 — EN — 01.01.2002 — 000.001 — 25
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TITLE V
STUDIES
Article 52
1. The contract to carry out the studies referred to in Article 7 of
Regulation (EC) No 1453/2001 and in Article 11 of Regulation (EC)
No 1454/2001 shall be awarded by invitation to tender on the responsi-bility of the competent authorities.
2. The draft invitation to tender, including the specifications, shall
be sent to the Commission by the competent authorities. The Commis-sion shall make known its observations, if any, within a period of onemonth following the date of receipt of the draft.
3. The competent authorities shall forward the final study to the
Commission, which shall make any comments known within 45 daysfollowing receipt of the study.
4. The Community's financial contribution shall be paid subject to:
— compliance with Article 7 of Regulation (EC) No 1453/2001 or
Article 11 of Regulation (EC) No 1454/2001, the specifications
and any observations made,
— payment of the contribution from the Spanish or Portuguese public
authorities.
TITLE VI
GENERALANDFINALPROVISIONS
CHAPTER I
Aid applications
Article 53
Marketingyears
Marketing years shall run from 1 January to 31 December, except for
wine.
Article 54
Submissionofapplicationsandpaymentofaid
1. Without prejudice to Articles 5, 25, 34 and 36, aid applications
shall be submitted to the office designated by the competent authorities
of the Member State in accordance with the models established by thelatter and within the periods they have laid down. For the aid coveredby Title I, those periods shall be fixed so as to allow time for thenecessary on-the-spot checks.
2. Each aid application shall include at least the following informa-
tion:
(a) the surname, forenames and address of the applicant;
(b) for the aid covered by Title I, the areas cultivated in hectares and
in ares, identified in accordance with Articles 4 and 5 of Regula-
tion (EEC) No 3508/92;
(c) for the aid covered by Chapter I of Title II, the quantity of pineap-
ples harvested and the quantity covered by the aid application;
(d) for the aid covered by Chapter III of Title II, applications shall be
accompanied by cane delivery notes drawn up by the competent
bodies or the processing enterprises designated by France for each
department;
(e) for the aid covered by Chapter II of Title II, Chapter I of Title III
and Chapters I and II of Title IV, applications shall be accompa-nied by grouped or individual invoices and all other supportingdocuments relating to the operations carried out, in particular the2003R0043 — EN — 01.01.2002 — 000.001 — 26
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references of delivery contracts, processing contracts or annual
contracts.
3. Without prejudice to Articles 6 and 9, after verifying the aid
applications and the relevant supporting documents, the competentauthorities shall pay the aid calculated in accordance with this Regula-tion►
C1within four months ◄following the end of the period for
lodging applications.
Where more than one harvest is possible during the course of a
calendar year in the context of the crops covered by Chapter I of Title
I, the deadline fixed in the first subparagraph shall start to run from the
end of the period for submitting aid applications for the last harvest ofthe year concerned.
4. The Member States may adopt additional rules regarding how
producer organisations are to pay the aid covered by Title IV to their
members.
Article 55
Correction ofobviouserrors
An aid application may be adjusted at any time after its submission, in
cases of where the competent authority recognises an obvious error.
Article 56
Latesubmission
Except in cases of force majeure and exceptional circumstances within
the meaning of Article 65, submission of an aid application after thetime limit laid down accordance with Article 54(1) shall lead to a 1 %
reduction per working day in the amounts to which the grower would
have been entitled if the aid application had been lodged within thetime limit. If the delay amounts to more than 25 calendar days, theapplication shall be considered inadmissible.
Article 57
Withdrawalofaidapplications
1. An aid application may be totally or partially withdrawn at any
time. However, where the competent authority has already informedthe grower of irregularities in the aid application or has given noticeto the grower of its intention to carry out an on-the-spot check, andwhere this check reveals irregularities, withdrawals shall not be
authorised in respect of the parts of the aid application affected by the
irregularities.
2. Withdrawals under paragraph 1 shall return the claimant to the
situation prior to submitting the aid application or part of the aid appli-
cation in question.
CHAPTER II
Checks
Article 58
1. Verifications shall be carried out by means of administrative and
on-the-spot checks. Administrative checks shall be exhaustive and shallinclude cross-checks wherever appropriate with, inter alia , data from
the integrated administration and control system. Based on a riskanalysis, the national authorities shall perform on-the-spot checks bysampling at least 10 % of aid applications.
In all appropriate cases, Member States shall make use of the inte-
grated administration and control system established by Regulation(EEC) No 3508/92.2003R0043 — EN — 01.01.2002 — 000.001 — 27
▼B
2. For the aid covered by section I of Chapter II of Title III, checks
shall also cover the quantity of cane delivered and compliance with theminimum price.
Article 59
General principles
1. On-the-spot checks shall be unannounced. However, provided that
the purpose of the check is not compromised, advance notice limited tothe strict minimum necessary may be given. Such notice shall notexceed 48 hours, except in duly justified cases.
2. Where applicable, the on-the-spot checks provided for in this
Regulation shall be carried out at the same time as any other checks
provided for in Community rules.
3. The application or applications concerned shall be rejected if
growers or their representatives prevent an on-the-spot check frombeing carried out.
Article 60
Selection ofapplicationstobecheckedonthespot
1. Growers shall be selected to undergo on-the-spot checks by the
competent authority on the basis of a risk analysis and the representa-
tiveness of the aid applications submitted. The risk analysis shall take
account of:
(a) the amount of aid involved;
(b) the number of agricultural parcels, the area covered by the applica-
tion or the quantity produced, transported, processed or marketed;
(c) changes from the previous year;
(d) the findings of checks made in past years;
(e) other parameters to be determined by the Member States.
To provide the element of representativeness, the Member States shall
randomly select between 20 % and 25 % of the minimum number ofgrowers to be subject to on-the-spot checks.
2. The competent authority shall keep records of the reasons for the
selection of each grower for an on-the-spot check. The inspectorperforming the on-the-spot check shall be informed of these reasonsbefore starting it.
Article 61
Inspectionreport
1. Every on-the-spot check shall be the subject of an inspection
report relating the details of the checks carried out. Reports shall indi-cate in particular:
(a) the aid schemes and applications checked;
(b) the persons present;
(c) the agricultural parcels checked, the agricultural parcels measured,
the results of the measurements per measured parcel and themeasuring methods used;
(d) the quantities produced, transported, processed or marketed covered
by the check, the findings and the methods used;
(e) whether advance notice was given to the grower of the visit and, if
so, how much;
(f) any further inspection measures carried out.
2. Growers or their representatives shall be given the opportunity to
sign the report to attest their presence at the check and to add observa-tions. Where irregularities are found the grower shall receive a copy ofthe control report.2003R0043 — EN — 01.01.2002 — 000.001 — 28
▼B
Where the on-the-spot check is carried out by remote sensing, the
Member States may decide not to give the growers or their representa-tives the opportunity to sign the control report if no irregularities are
revealed during the check by remote-sensing.
CHAPTER III
Consequences of undue payments
Article 62
Recovery ofunduepayments
1. If undue payment is made, the grower shall repay the amount in
question plus interest calculated in accordance with paragraph 3.
2. The Member States may decide to recover an undue payment by
deducting that amount from any advances or payments made to thegrower under other aid schemes following the date of the decision torecover. However, the grower may repay the amount without waitingfor the deduction.
3. Interest shall be calculated for the period elapsing between the
notification of the repayment obligation to the grower and either repay-ment or deduction. The rate of interest applicable shall be calculatedaccording to the provisions of national law but shall not be lower thanthe interest rate applicable for the recovery of amounts under thenational provisions.
4. Where the undue payment has been made because of a false
declaration, false documents or serious negligence on the part of thebeneficiary, a penalty shall be imposed equal to the amount undulypaid, with interest calculated in accordance with paragraph 3.
5. The repayment obligation referred to in paragraph 1 shall not
apply if the payment was made by error of the competent authority
itself or of another authority and if the error could not reasonablyhave been detected by the grower.
However, where the error relates to factual elements relevant for the
calculation of the payment concerned, the first subparagraph shallapply only if the decision to recover was not communicated within 12
months of the payment.
6. The repayment obligation referred to in paragraph 1 shall not
apply if more than 10 years elapse between the date of the paymentof the aid and the date on which the beneficiary is first notified bythe competent authority that the payment made was undue.
However, the period referred to in the first sentence shall be limited to
four years if the beneficiary has acted in good faith.
7. Amounts to be recovered as a consequence of reductions and
exclusions applied under this title shall be subject to a period of limita-tions of four years.
8. Paragraphs 5 and 6 shall not apply in the case of advances.
9. The Member States may decide not to recover amounts of
EUR 100 or less, not including interest, per grower and per premiumperiod, provided that their national law provides for non-recovery insuch cases.
10. The aid recovered shall be paid to the paying agencies or depart-
ments and deducted by them from the expenditure financed by the
European Agricultural Guidance and Guarantee Fund.
Article 63
Reductionsandexclusionsincasesofoverdeclaration forarea aid
1. In the case of aid covered by Title I, where the area declared for
a groupof crop s exceeds the area recorded during the check, the aidshall be calculated on the basis of the area recorded, minus twice the2003R0043 — EN — 01.01.2002 — 000.001 — 29
▼B
difference found, where this is more than 3 % or two hectares but not
more than 20 % of the area determined.
Where the difference found is more than 20 % of the area recorded, no
area aid shall be granted for the groupof crop s concerned.
2. If, in respect of the overall area determined covered by an aid
application under the aid schemes covered by Title I, the declaredarea exceeds the area found by more than 30 %, the aid which thegrower could claim under those aid schemes shall be refused for the
calendar year concerned.
If the difference is more than 50 %, the grower shall also be penalised
by an amount equal to the amount refused under the first subparagraph.
That amount shall be withheld from aid payments under any of the aid
schemes covered by this Regulation or to which the grower is entitledunder applications lodged during the three calendar years following theyear of the finding.
Article 64
Exemptionsfromtheapplicationofreductionsandexclusions
1. The reductions and exclusions provided for in this title shall not
apply where growers have submitted factually correct information orcan show otherwise that they are not at fault.
2. The reductions and exclusions provided for in this title shall not
apply to those parts of an aid application which the grower informs thecompetent authority in writing are incorrect or have become incorrectsince it was lodged, provided that the competent authority has not
already informed the grower of its intention to carry out an on-the-
spot check or of any irregularity in the application.
On the basis of the information given by the grower as referred to in
the first subparagraph, the aid application shall be adjusted to reflect
the actual situation.
Article 65
Force majeureandexceptionalcircumstances
1. Growers shall notify the competent authority in writing of cases
offorce majeure or exceptional circumstances, with relevant evidence
to the satisfaction of that authority, within 10 working days of the dateon which they are first in a position to do so.
2. The competent authority may recognise exceptional circumstances
in cases such as, for example:
(a) the death of the grower;
(b) long-term occupational incapacity of the grower;
(c) a severe natural disaster substantially affecting the holding's agri-
cultural land.
Article 66
Withdrawalofapproval
The national authorities shall withdraw approval as referred to in
Article 42 where the commitments to which such approval is subjectare not fulfilled. They may suspend the payment of aid for one ormore marketing years depending on the seriousness of the irregularitiesuncovered.2003R0043 — EN — 01.01.2002 — 000.001 — 30
▼B
CHAPTER IV
General provisions
Article 67
Additionalnationalmeasures
The Member States shall adopt all additional measures needed to apply
this Regulation, in particular regarding the checks on quantities of canedelivered for the purposes of the aid covered by Chapter III of Title II.
Article 68
Notifications
1. The Member States concerned shall notify the Commission not
later than:
(a) 30 April, of the areas covered by applications for aid under Chapter
II of Title I for the current marketing year and for which the aidhas actually been paid;
(b) 31 May:
— of the areas covered by applications for aid under Chapter I of
Title I for the previous marketing year for which the aid hasactually been paid,
— the quantities covered by contracts for the current marketing
year, broken down by category or product;
(c) 30 June, a report on the implementation of the measures covered
by this Regulation in the preceding marketing year showing inparticular:
— the quantities for which the aid and increased aid covered by
Title III has been paid, broken down by product set out in partA of Annex II, III or IV,
— the quantities qualifying for the aid covered by Title IV, broken
down by product, and their average value within the meaning of
Article 40(4);
(d) for the aid covered by section II of chapter II of Title III, within 45
working days following the end of each marketing year, Portugalshall notify the Commission:
— of the areas and the overall amount for which the flat-rate aid
per hectare has been requested and paid,
— of the quantities of white sugar produced and the overall
amount of the special processing aid paid;
(e) for the aid covered by section I of Chapter II of Title III, within 45
days of the end following the end of each calendar year, Franceand Portugal shall notify the Commission:
— of the total quantities of sugar syrup, sucrose syrup and agricul-
tural rum covered by aid applications, expressed as white sugar
or hectolitres of pure alcohol,
— of the refineries and distilleries in receipt of aid,— of the aid received and the quantity of sugar syrup, sucrose
syrupor agricultural rum p roduced by each refinery or distil-lery.
2. Before the beginning of each marketing year, France shall notify
the minimum prices referred to in Title II, fixed in accordance withArticle 13 of Regulation (EC) No 1452/2001 for each category ofproducts set out in Annex I and shall specify in its implementation
report:
— the quantities of green vanilla and essential oil of geranium and
vetiver qualifying for the aid covered by Chapter II of Title II,
— the quantities of raw materials qualifying for the aid covered by
Chapter I of Title III, broken down by product as set out in part Aof Annex I, and the quantities, expressed in net weight, of finishedproducts broken down in accordance with part B of Annex I.2003R0043 — EN — 01.01.2002 — 000.001 — 31
▼B
3. Portugal shall notify the Commission before 1 November each
year of the quantities of pineapples harvested for which aid has beenpaid.
4. The Member States shall inform the Commission immediately of
cases which they recognise as force majeure or exceptional circum-
stances justifying continued entitlement to the aid.
5. For the aid covered by Chapter III of Title II, France shall notify
the Commission:
(a) within four months following the entry into force of this Regula-
tion:
— of the criteria for determining the unit amounts granted to
producers,
— of the additional measures adopted under Article 67;
(b) in the annual report provided for in Article 27 of Regulation (EC)
No 1452/2001, for each department:
— of the total quantities of cane, expressed in tonnes, covered by
aid applications,
— of the total amount of the aid and the variation in the amounts
of aid per tonne transported,
— of any changes to the criteria and additional measures referred
to in point (a).
Article 69
Producer organisationsintheFrenchoverseasdepartments
Annex I to Regulation (EC) No 412/97 is hereby replaced by Annex VI
to this Regulation
CHAPTER V
Final provisions
Article 70
Repeal
Regulations (EEC) No 980/92, (EEC) No 2165/92, (EEC) No 2311/92,
(EEC) No 3491/92, (EEC) No 3518/92, (EC) No 1524/98, (EC) No2477/2001, (EC) No 396/2002, (EC) No 738/2002, (EC) No 1410/2002 and (EC) No 1491/2002 are hereby repealed.
Article 71
Entryintoforceandapplication
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 2002, except for the aid referred to in
Article 1(b), (c), (f) and (g) and the aid for bananas other than plantains
produced in French Guiana and Réunion granted under Chapter I of
Title IV, which shall apply from 1 January 2002.
Article 53 shall not apply to annual contracts concluded before the
entry into force of this Regulation under Article 15 of Regulation(EC) No 1452/2001, Article 6 of Regulation (EC) No 1453/2001 orArticle 10 of Regulation (EC) No 1454/2001.
For 2003, for the purposes of determining the amount of aid to be
granted under Article 12(1) of Regulation (EC) No 1452/2001, Article
5(1) of Regulation (EC) No 1453/2001 and Article 9(1) of Regulation
(EC) No 1454/2001, the beneficiary's status shall be assessed at thetime the aid application is lodged.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2003R0043 — EN — 01.01.2002 — 000.001 — 32
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ANNEX I
FRENCHOVERSEASDEPARTMENTS
Part A
Products referred to in Article 13 of Regulation (EC) No 1452/2001
Maximum quantities per marketing year as referred to in Article 13(2) of Regulation (EC) No 1452/
2001
Amounts of aid as referred to in Article 13(2) of Regulation (EC) No 1452/2001
Column I Column II Column III Column IV
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/
tonne)
Aex 070310 Onions for rougail and achards
8 320 216ex 07061000 Carrots for rougail and achards
ex 07099090 Chayotes, breadfruit
0803 0011 Plantains (all French overseas
departments)
0803 0019 Bananas other than plantains
(French Guiana and Réunion)
0804 3000 Pineapples (except Martinique)
0810 10 Strawberries
ex 08109095 Strawberry guavas
ex 08109095 Ambarellas
Bex 070490 Cabbage for rougail and achards
1 550 354ex 07099090 Turban squash
0714 10 Manioc
0714 2010 Sweet potatoes
ex 071490 Dachines
ex 080520 Tangor mandarins
0805 5090 Limes
0807 2000 Pawpaws
ex 08109030 Jackfruit, lychees, rambutans
ex 08109040 Carambolas
ex 08109095 Antilles apricots, Surinam cher-
ries, soursops
ex 08045000 Guavas
C0703 2000 Garlic for rougail and achards
560 4120709 6099 Peppers
0708 2000 Beans for rougail and achards
ex 071490 Yamsex 08045000 Mangoes
ex 08059000 Combava
ex 08109040 Passion fruit, maracujas and gran-
adillas2003R0043 — EN — 01.01.2002 — 000.001 — 33
▼B
Part B
Products as referred to in Article 13(2)
CN code Product
ex 0710 Vegetables, frozen, uncooked
ex 0712 Dried vegetables
ex 0714 Dried vegetables
2001 Fruit and vegetables preserved in vinegar or acetic acid20049098 Frozen vegetables
ex 200590 Vegetable preserves and vegetables, vacuum sterilised
ex 200600 Fruit preserved in sugar
2007 Jams, fruit jellies, marmalades, fruit or nut puree and paste
ex 2008 Fruit pulps
2009 Fruit juices
200820 Pineapples (except in Martinique)2003R0043 — EN — 01.01.2002 — 000.001 — 34
▼B
ANNEX II
FRENCHOVERSEASDEPARTMENTS
Products as referred to in Article 12(1) of Regulation (EC) No 1452/2001
Maximum quantities as referred to in Article 12(1) of Regulation (EC) No 1452/2001 per period from
1 January to 31 December
FRUIT AND VEGETABLES
Column I Column IIColumn
IIIColumn
IVColumn
V
Product
categoriesCN code ProductQuanti-
ties
(tonnes)Aid
(EUR/tonnes)
A0701 90 Potatoes
7 800 80(1) 160ex 070610 Carrots
ex 07070005 Cucumbers
0709 9090 Chayotes, breadfruit0803 0011 Plantains (all French overseas
departments)
0803 0019 Bananas other than plantains
(French Guiana and Réunion)
0804 3000 Pineapples0807 1100 Water melons
B0702 0000 Tomatoes
13000 120 (
2) 241ex 070310 Onions
ex 0704 Cabbageex 0705 Lettuce
0709 9010 Salad vegetables other than
lettuce and chicory
0709 3000 Aubergines
0714 2010 Sweet potatoes
0709 9070 Courgettes
ex 07149011 Dasheens, taroex 07096010 Sweet peppersex 07096099 Other peppersex 07099090 Turban squash
0804 4000 Avocados
ex 08045000 Mangoesex 0805 Citrus fruit (oranges,
mandarins, lemons and limes,
grapefruit and pomelos)
0807 1900 Melons0807 2000 Papayas
ex 08109030 Lychees, rambutansex 08109085 Strawberry guavas2003R0043 — EN — 01.01.2002 — 000.001 — 35
▼B
Column I Column IIColumn
IIIColumn
IVColumn
V
Product
categoriesCN code ProductQuanti-
ties
(tonnes)Aid
(EUR/tonnes)
C0703 2000 Garlic
700 158 (3) 3150708 20 Green beans
0810 10 Strawberries
ex 08109040 Passion fruit, maracuja, gran-
adilla
0809 30 Peaches
ex 071490 Yams
0709 9090 Gombo
ex 091010 Ginger
ex 09103000 Turmeric (curcuma)
(1) However, the aid shall be:
— EUR 120/tonne for 2003,
— EUR 96/tonne for 2004.
(2) However, the aid shall be:
— EUR 180/tonne for 2003— EUR 145/tonne for 2004.
(
3) However, the aid shall be:
— EUR 236/EUR/tonne for 2003,
— EUR 189/tonne for 2004.
FRESH CUT FLOWERS
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1000 units)
Aex 0603 1080 Tropical flowers (stan-
dard anthurium,
alpinas, heliconias,
porcelain rose, strelit-
zias)
2 640000 150 157ex 0604 9990 Foliage (arecas,
cariotas)
06029091 Flowering plants with
buds or flowers
Cex 0603 1080 Tropical flowers
(hybrid anthurium,
Canna indica)
2 500000 300 315ex 0603 1030 Orchids
06031010 Roses
ex 0604 9990 Foliage (dracaena,
alocasia)
06029091 Flowering plants (gera-
nium, pelargonium,
begonia, …)2003R0043 — EN — 01.01.2002 — 000.001 — 36
▼B
ANNEX III
AZORES
Products as referred to in Article 5 of Regulation (EC) No 1453/2001
Maximum quantities as referred to in the fourth subparagraph of Article 5(1) of Regulation (EC) No
1453/2001 per period from 1 January to 31 December
FRUIT AND VEGETABLES
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
A07099090 Other fruit and vegeta-
bles not mentioned
elsewhere
60000 100 200070190 Other potatoes
07031019 Shallots
07041000 Cauliflowers and
headed broccoli
07049090 Other cauliflowers not
mentioned elsewhere
07049010 Red cabbages070410 Cauliflowers07049090 Chinese cabbages
07097000 Spinach
07089000 Other leguminous
vegetables
07061000 Turnips
071333 Kidney beans
08044000 Avocados080300 Bananas08045000 Guavas080510 Oranges
080520 Mandarins/tangerines
080550 Lemons
B07039000 Leeks
10000 150 30007094000 Celery
0705 Lettuces and chicory07099020 Chard
07069090 Beetroot
071420 Sweet potatoes07149090 Other potatoes07069090 Radishes07070005 Cucumbers
07099060 Sweetcorn
070960 Peppers0709 Other vegetables2003R0043 — EN — 01.01.2002 — 000.001 — 37
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
C070990 Other
7 000 200 40007032000 Garlic
07099090 Other
07081000 Peas
07082000 Green beans
07099090 Other
0709 Other vegetables not
mentioned elsewhere
0810 Other fresh fruit
080810 Apples
0810 Kiwi
080520 Clementines
08053090 Limes
08071900 Other melons
0810 Maracujas
0810 Strawberries
0810 Other fresh fruit
08072000 Papayas
08061010 Table grapes
08024000 Chestnuts
Column I Column II Column III Columna IV Columna V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
A 0902 Orange pekoe tea 10 1 480 2960
B 0902 Pekoe tea 10 1 090 2180
C 0902 Broken leaf tea 5 440 880
A 0904 Peppers 20 230 460
A 040900 Honey 110 250 500
LIVE PLANTS AND FLOWERS
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
CategoryA:Bulbsandrhizomes
A1 060110 Bulbs and rhizomes
with a value of
EUR 0,10 to EUR 0,15
each100000 0,010 0,015
A2 060110 Bulbs and rhizomes
with a value of
EUR 0,16 to EUR 0,30
each100000 0,015 0,0202003R0043 — EN — 01.01.2002 — 000.001 — 38
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
CategoryB:Liveflowers,cuttingsandgrafts
B1 0602 Live flowers, cuttings
and grafts with a value
of EUR 1 to EUR 3
each46000 0,20 0,25
B2 0602 Live flowers, cuttings
and grafts with a value
of EUR 3,01 to EUR 5
each10000 0,40 0,45
B3 0602 Live flowers, cuttings
and grafts with a value
of EUR 5,01 to EUR 10
each1 000 0,70 0,75
B4 0602 Live flowers, cuttings
and grafts with a value
of EUR 10,01 to
EUR 20 each1 000 1,5 1,75
CategoryC:Freshflowers
C1 060310 Fresh flowers with a
value of EUR 0,20 to
EUR 0,40 each65000 0,030 0,035
C2 060310 Fresh flowers with a
value of EUR 0,41 to
EUR 0,70 each30000 0,055 0,060
C3 060310 Fresh flowers with a
value of EUR 0,71 to
EUR 1,5 each25000 0,22 0,30
C4 060310 Fresh flowers with a
value greater than
EUR 1,5 each20000 0,50 0,55
CategoryD:Foliage, leavesandbranches,freshanddried
D1 0604 Foliage, leaves and
branches, fresh and
dried, with a value of
EUR 0,05 to EUR 0,15
each725000 0,10 0,15
D2 0604 Foliage, leaves and
branches, fresh and
dried, with a value of
EUR 0,16 to EUR 0,30
each25000 0,22 0,25
D3 0604 Foliage, leaves and
branches, fresh and
dried, with a value of
EUR 0,31 to EUR 0,50
each10000 0,40 0,452003R0043 — EN — 01.01.2002 — 000.001 — 39
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
D4 0604 Foliage, leaves and
branches, fresh and
dried, with a value
greater than EUR 0,51
each10000 0,50 0,552003R0043 — EN — 01.01.2002 — 000.001 — 40
▼B
ANNEX IV
MADEIRA
Products as referred to in Article 5 of Regulation (EC) No 1453/2001
Maximum quantities as referred to in the fourth subparagraph of Article 5(1) of Regulation (EC) No
1453/2001 per period from 1 January to 31 December
FRUIT AND VEGETABLES
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
Aex 0703 1019 Other onions
1500 100 200ex 0706 1000 Carrots
ex 0706 1000 Turnipsex 0706 9090 Otherex 0714 20 Sweet potatoesex 0714 9090 Yam
080711 Water melons
Bex 0703 9000 Leeks
1000 125 250ex 0704 9090 Other cabbages
ex 0706 9090 Beetrootex 0708 9000 Broad beans
07099060 Sweetcorn0709 Other vegetables not
mentioned elsewhere
080510 Oranges08055010 Lemons080810 Apples08082050 Pears
ex 0809 30 Peaches
08094005 Plums0810 Other non tropical fruit
not mentioned else-
where2003R0043 — EN — 01.01.2002 — 000.001 — 41
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
C07020000 Tomatoes
750 150 30007041000 Cauliflowers and broc-
coli
ex 0705 Lettuces
07070005 Cucumbers
07081000 Peas
07099010 Salad vegetables
07099070 Courgettes
ex 0709 9090 Other fruit and vegeta-
bles
ex 0802 4000 Chestnuts
08043000 Pineapples
ex 0804 4000 Avocados
ex 0804 5000 Guavas
ex 0805 2050 Mandarins
08091000 Apricots
08105000 Kiwi
D07032000 Garlic
250 150 30007082000 Beans
ex 0709 6010 Sweet peppers
ex 0709 9090 Other fruit and vegeta-
bles not mentioned
elsewhere
08023100 Walnuts in shell
ex 0804 5000 Mangoes
08052070 Tangerines
08061010 Fresh table grapes
08072000 Papayas
08092095 Cherries
08101000 Strawberries
ex 0810 9040 Passion fruit
ex 0810 9095 Other tropical fruit
E 070190 Potatoes 10000 80 240
FRESH CUT FLOWERS
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1 000 units)
A06031010 Roses
500000 100 20006031020 Carnations
Gladioli
06031040 Chrysanthemums
Other (fresh)
06031050 Other (not fresh)
06031080
060390002003R0043 — EN — 01.01.2002 — 000.001 — 42
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1 000 units)
B ex 0603 1080 Heliconias 400000 120 240
C 06031080 Proteas 150000 120 240
D06031030 Orchids
650000 140 28006031080 Anthuriums
E 06031080 Strelitzias 400000 140 2802003R0043 — EN — 01.01.2002 — 000.001 — 43
▼B
ANNEX V
CANARYISLANDS
Products as referred to in Article 9 of Regulation (EC) No 1454/2001
Maximum quantities as referred to in the fourth subparagraph of Article 9(1) of Regulation (EC) No
1454/2001 per period from 1 January to 31 December
Amounts of aid as referred to in Article 9(1) of Regulation (EC) No 1454/2001
FRUIT AND VEGETABLES
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
Aex 0703 10 Onions
16320 40 120070490 Cabbage
07099060 Sweetcorn
ex 0709 9090 Pumpkinsex 0709 Other vegetables not
mentioned elsewhere
08054000 Grapefruit08055010 Lemons08071100 Water melons
ex 0807 1900 Melons
B07032000 Garlic
32830 90 180ex 0703 9000 Leeks
07041000 Cauliflowers0705 Lettuces and chicory
ex 0706 1000 Carrots
07070005 Cucumbers07093000 Aubergines07094000 Celery
ex 0709 6010 Peppers
07099020 Chard (silver beet) and
cardoons
07099070 Courgettes071420 Sweet potatoes080510 Oranges
ex 0805 20 Mandarins
08061010 Table grapes080810 Apples080820 Pears08091000 Apricots080930 Peaches and nectarines08094005 Plums
ex 0810 9095 Other non-tropical fruit
not mentioned else-
where2003R0043 — EN — 01.01.2002 — 000.001 — 44
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
C07082000 Green beans
14550 120 210ex 0709 7000 Spinach
ex 0709 90 Cress
ex 0802 Almonds
08042010 Fresh figs
08043000 Pineapples
08044000 Avocados
ex 0804 5000 Mangoes
08072000 Papayas
08101000 Strawberries
ex 0810 9095 Barbary figs and other
tropical fruits not
mentioned elsewhere
D 070190 Potatoes harvested
from 1 April to 31
December30000 60 150
FLOWERS AND LIVE PLANTS
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1 000 units)
CategoryA:Cuttings
A 06029045 Cuttings 24000000 10 11
CategoryB:Flowers
B 1 ex 0603 10 Flowers with a value
of EUR 0,07 to
EUR 0,15 each8 000000 18 19
B 2 ex 0603 10 Flowers with a value
of EUR 0,16 to
EUR 0,45 each6 000000 40 44
B 3 ex 0603 10 Flowers with a value
of EUR 0,46 to
EUR 1,20 each1 090000 60 66
CategoryC:Plants
C 1 ex 0602 90 Plants with a value of
EUR 0,15 to EUR 0,45
each2 500000 45 48
C 2 ex 0602 90 Plants with a value of
EUR 0,46 to EUR 1,50
each1 000000 222 240
C 3 ex 0602 90 Plants with a value of
EUR 1,51 to EUR 3,00
each750000 456 4802003R0043 — EN — 01.01.2002 — 000.001 — 45
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1 000 units)
C 4 ex 0602 90 Plants with a value of
EUR 3,01 and above
each500000 601 6372003R0043 — EN — 01.01.2002 — 000.001 — 46
▼B
ANNEX VI
RECOGNITION CRITERIA FOR PRODUCER ORGANISATIONS OTHER THAN FOR
CITRUSFRUITS
Member States or specific regionsProducer organisations
Article 11(1)(a) categories (i)
to (iv)Producer organisations
Article 11(1)(a) categories (vi)
and (vii) and Article 11(3)
Minimum
number of
producersMinimum
volume
(EUR
million)Minimum
number of
producersMinimum
volume
(EUR
million)
Belgium, Germany, Spain (except
Balearic Islands and Canaries), France
(except overseas departments), Greece (1),
Italy, Netherlands, Austria, United
Kingdom (except Northern Ireland)40 or 1,5 5 0,25
15 or 2,5
53
Denmark, Ireland, Northern Ireland,
Greece (2), Balearic and Canary Islands,
Portugal (except Madeira and Azores)15 or 0,5
51
Finland, Sweden, Greece ( Nomoi
(regions) other than under(1) and (2))10 or 0,25
5 0,5
Greece (islands), Luxembourg, Madeira
and Azores, French overseas departments5 0,1 5 0,1
(1)Nomoi: Imathias, Pellas, Artas, Argolidas, Korinthias, Viotias, Serron, Kavallas.
(2)Nomoi: Larisas, Magnisias, Karditsas, Evrou, Thessaloniki, Prevezas, Kilkis, Pierias, Lakonias, Kastorias.2003R0043 — EN — 01.01.2002 — 000.001 — 47