1996R2202 — EN — 01.06.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 2202/96
of 28 October 1996
introducing a Community aid scheme for producers of certain citrus fruits
(OJ L 297, 21.11.1996, p. 49)
Amended by:
OfficialJournal
No page date
►M1 CouncilRegul ation (EC) No 858/1999 of 22 April1999 L 108 8 27.4.1999
►M2 CouncilRegul ation (EC) No 2699/2000 of 4 December 2000 L 311 9 12.12.2000
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncilRegul ation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COUNCIL REGULATION (EC)No 2202/96
of 28 October 1996
introducing a Community aid scheme for producers of certain citrus
fruits
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 43 thereof,
Having regard to the proposalfrom the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (3),
Whereas the present situation in the citrus fruit sector continues to be
marked by serious difficulties in the disposal of Community production;
whereas these difficulties are attributable mainly to the varietal aspects
of production, production surpluses and marketing conditions for freshand processed citrus fruit;
Whereas the Community supply of lemons, grapefruit, oranges and
mandarins continues to keep pace with demand on the market in fresh
fruit products for some varieties of products; whereas production of
clementines has increased considerably in recent years to the extent thatsurpluses are being created; whereas satsumas, which are being replacedby clementines on the market in fresh fruit products, are also in surplus;whereas a system of support for producers should therefore provide an
incentive for the disposalof the citrus fruit concerned with a view to
their processing into juice and segments;
Whereas it seems appropriate to implement this system by means of
contracts concluded between processors and producer organizations inorder to ensure, firstly, regular supplies for processing industries and,
secondly, effective checks on the products to be delivered and on the
fact that they have actually been processed by the industry; whereas thesystem should guarantee supplies to consumers at reasonable prices andquality;
Whereas this new system must be able to function with a sufficient
number of producer organizations from the outset; whereas, to that end,‘producer organizations granted preliminary recognition’ within themeaning of this Regulation means not only the producer organizationsreferred to in Article 14 of Council Regulation (EC) No 2200/96 of 28October 1996 on the common organization of the market in fruit and
vegetables (
4), but also those referred to in Article 13 of that Regulation;
Whereas, in order to encourage producers to present their products for
processing rather than withdrawal, provision should be made for thegrant of an aid to producer organizations which deliver citrus fruit to the
processing industries; whereas the amounts of the aid should be
established for a transitional period of six years after which they shouldbe a fixed sum; whereas those amounts are to be calculated on the basisof the ratio existing in 1995/96 between the financialcompensation andthe minimum price and be subject to an annualgradualreduction overthe transitionalperiod, except in the case of cl ementines and satsumas,
in order to meet the generalobjectives of the common organization of
the market in fresh products; whereas in the case of grapefruit, the aid tobe applied is that established for lemons;
Whereas the production of citrus fruit features structuralshortcomings in
terms of marketing which are demonstrated by the excessive dispersalof
supply; whereas therefore individual producers who deliver all theircitrus fruit for processing through producer organizations should qualify1996R2202 — EN — 01.06.2001 — 002.001 — 2
(1) OJ No C 191, 2. 7. 1996, p. 7.
(2) OJ No C 277, 23. 9. 1996.
(3) OJ No C 212, 22. 7. 1996, p. 88.
(4) See page 1 of this OfficialJournal .
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under the system established by this Regulation; whereas for that reason
and in order to ensure equality of treatment with the fresh productssector, provision should be made for the amount of the aid to be
reduced; whereas, for the same structuralreasons, it woul d be justified to
grant an increase in the aid for producer organizations which conclude acontract for more than one year and in respect of minimum quantities;
Whereas the quantities that may be withdrawn from the market are
limited by Regulation (EC) No 2200/96; whereas in cases whereproduction is rising steps should be taken to prevent systematic recourseto processing as an alternative outlet; whereas the fixing of a thresholdfor processing, the overrunning of which, calculated on the basis of an
average over three marketing years, would entail a reduction in aid in
the current marketing year, would seem to be an appropriate measure tothat end; whereas fixed thresholds should be laid down, based on theaverage quantity eligible for financial compensation during a referenceperiod; whereas, provision should be made for introducing a system of
advances, as aid may be reduced at the end of a marketing year as a
result of overrunning of the threshold for processing;
Whereas the provisions of Regulation (EC) No 2200/96 should be
applied to the processed citrus fruit sector to avoid duplication of rules
and control bodies; whereas provision should also be made for penaltiesto guarantee uniform application of the new scheme throughout theCommunity,
HAS ADOPTED THIS REGULATION:
Article 1
A Community aid scheme is hereby established for producer organiza-
tions which deliver for processing certain citrus fruits harvested in the
Community. The scheme shall cover:
(a) lemons, grapefruit, oranges, mandarins and clementines processed
into juice;
(b) clementines and satsumas processed into segments.
Article 2
1. The scheme referred to in Article 1 shall be based on contracts
between, on the one hand, producer organizations recognized orprovisionally admitted under Regulation (EC) No 2200/96 and, on theother, processors or legally constituted associations or unions of
processors.
2. Such contracts shall be concluded before a specified date and for a
minimum duration determined in accordance with the procedure laid
down in Article 45 of Regulation (EC) No 2200/96. They must, interalia, specify the quantities to which they relate, the phasing of deliveriesto processors, and the prices to be paid to producer organizations, andstate that the processor is under an obligation to process the productscovered by the contracts.
3. Once they have been concluded, contracts shall be sent to the
competent authorities of the Member States concerned responsible for
carrying out qualitative and quantitative checks on:
(a) products delivered to processors by producer organizations;
(b) the actualprocessing of the quantities del ivered.
Article 3
1. Aid shall be granted to producer organisations for the quantities
delivered for processing under the contracts referred to in Article 2.
2. The amount of the aid is set out in Table 1 of Annex I.1996R2202 — EN — 01.06.2001 — 002.001 — 3
▼M2
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However:
(a) where the contract referred to in Article 2(1) covers more than one
marketing year and a minimum quantity of citrus fruit, to be
determined in accordance with the procedure laid down in Article 46of Regulation (EC) No 2200/96, the amount of the aid shall be thatindicated in Table 2 of Annex I;
(b) for quantities delivered under the provisions of Article 4, the amount
of the aid shall be that indicated in Table 3 of Annex I.
3. Without prejudice to the application of Article 5, the aid shall be
paid by the Member States to producer organisations which applytherefor as soon as the inspecting authorities of the Member State inwhich processing is undertaken have established that the productscovered by the contracts have been delivered to the processing industry.
The aid received by the producer organisations shall be paid to their
members.
4. Measures shall be adopted in accordance with the procedure laid
down in Article 46 of Regulation (EC) No 2200/96 to ensure that theprocessing industry meets its obligation to process the products
delivered by the producer organisations.
Article 4
1. Producer organizations shall pass on the benefit of the scheme
established in this Regulation to individual producers who are notmembers of any such organizations who undertake to market throughthem their entire output of citrus fruit intended for processing and whopay a subscription to cover the extra management costs borne by the
organization because of the application of this paragraph.
2. Where paragraph 1 is applied,
(a) the amount of the aid received by the producer organization shall be
paid to the individualproducer concerned;
(b) the quantities supplied by individual producers may not be included
in the multiannual contracts referred to in Article 3 (2) (a).
Article 5
1. Processing thresholds shall be established for the Community and
for each producer Member State, on the one hand for lemons, orangesand grapefruit separately and, on the other hand, for mandarins,clementines and satsumas taken together. The thresholds shall be as setout in Annex II.
2. Whenever a Community processing threshold is overrun, the aid
fixed for the product in question in accordance with Article 3(2) shall bereduced in all the Member States in which the corresponding thresholdhas been overrun.
For the purposes of applying the first subparagraph, threshold overruns
shall be calculated by comparing the threshold with the average quantityprocessed with aid under this Regulation over the three marketing yearsor equivalent periods preceding the marketing year for which the aidmust be set.
However, to calculate the overrun of the thresholds fixed for each
Member State, any quantities still available below the threshold of aMember State but not processed shall be allocated to the other MemberStates, in proportion to their respective thresholds.
The reduction in aid shall be proportional to the volume of overrun
relative to the relevant threshold.
3. Member States may divide the national threshold laid down for
small citrus fruit into two sub-thresholds, namely small citrus fruit forprocessing into segments and those for processing into juice.1996R2202 — EN — 01.06.2001 — 002.001 — 4
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▼M2
▼M2
Member States which take up this option shall inform the Commission
thereof.
If the nationalthreshol d is overrun, the reduction in aid provided for in
paragraph 2 shall be applied to the aid for both sub-thresholds inproportion to the recorded overrun of the sub-threshold concerned.
Article 6
Detailed rules for the application of this Regulation, in particular on the
payment of aid, monitoring measures and penalties, the marketing years,
the minimum characteristics of the raw materials delivered forprocessing, the equivalent period referred to in Article 5(2) and thefinancial consequences of exceeding the thresholds shall be adopted inaccordance with the procedure laid down in Article 46 of Regulation(EC) No 2200/96.
Article 7
The provisions of Title VI relating to national and Community checks in
Regulation (EC) No 2200/96 shall apply to the monitoring ofcompliance with this Regulation.
Article 8
If measures are needed to facilitate the transition from the previous
arrangements to those established by this Regulation or to applymechanisms not abolished by this Regulation, such measures shall be
adopted in accordance with the procedure laid down in Article 45 of
Regulation (EC) No 2200/96.
Article 9
The Commission shall submit to the Council, on the basis of two years'
operation, a report on the application of this scheme, together withappropriate proposals, if necessary.
Article 10
The measures provided for in this Regulation shall be regarded as
intervention intended to stabilize the agricultural markets within themeaning of Article 3 of Council Regulation (EEC) No 729/70 of 21April 1970 on the financing of the common agricultural policy (
1). They
shall be financed by the Guarantee Section of the European AgriculturalGuidance and Guarantee Fund (EAGGF).
Article 11
The following are hereby repealed, with effect from the date of
application of this Regulation:
— Council Regulation (EEC) No 1035/77 of 17 May 1977 laying down
specialmeasures to encourage the marketing of products processedfrom lemons (
2), and
— Council Regulation (EC) No 3119/93 of 8 November 1993 laying
down specialmeasures to encourage the processing of certain citrusfruits (
3).
Article 12
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities .1996R2202 — EN — 01.06.2001 — 002.001 — 5
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation
(EC) No 1287/95 (OJ No L 125, 8. 6. 1995, p. 1).
(2) OJ No L 125, 19. 5. 1977, p. 3. Regulation as last amended by Regulation
(EEC) No 1199/90 (OJ No L 119, 11. 5. 1990, p. 61).
(3) OJ No L 279, 12. 11. 1993, p. 17.▼M1
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▼B
It shall apply from the 1997/98 marketing year.
This Decision shall be binding in its entirety and directly applicable in
all Member States.1996R2202 — EN — 01.06.2001 — 002.001 — 6
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ANNEX►M2I◄
Amounts of aid referred to in Article 3 (1)
TABLE 1 (ECU/100 kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03
and subse-
quent
marketing
years
Lemons 9,36 9,31 9,25 9,21 9,15 9,10
Grapefruit 9,36 9,31 9,25 9,21 9,15 9,10
Oranges 10,03 9,98 9,94 9,89 9,85 9,80
Mandarins 11,31 10,86 10,42 9,98 9,54 9,10
Clementines 8,90 8,95 8,99 9,03 9,07 9,10
Satsumas 7,34 7,69 8,04 8,40 8,75 9,10
TABLE 2 (ECU/100 kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03
and subse-
quent
marketing
years
Lemons 10,76 10,70 10,64 10,59 10,52 10,47
Grapefruit 10,76 10,71 10,64 10,59 10,52 10,47
Oranges 11,54 11,48 11,43 11,37 11,33 11,27
Mandarins 13,00 12,49 11,99 11,48 10,97 10,47
Clementines 10,26 10,30 10,34 10,38 10,42 10,47
Satsumas 8,44 8,85 9,25 9,66 10,06 10,47
TABLE 3 (ECU/100 kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03
and subse-
quent
marketing
years
Lemons 8,42 8,38 8,33 8,28 8,23 8,19
Grapefruit 8,42 8,38 8,33 8,28 8,23 8,19Oranges 9,03 8,98 8,95 8,90 8,86 8,82
Mandarins 10,17 9,78 9,38 8,98 8,59 8,19
Clementines 8,03 8,06 8,09 8,13 8,16 8,19
Satsumas 6,61 6,92 7,24 7,56 7,88 8,191996R2202 — EN — 01.06.2001 — 002.001 — 7
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ANNEXII
Processing thresholds referred to in Article 5
Net weight fresh product
(in tonnes)
Oranges Lemons GrapefruitSmall citrus
fruit
Community thresholds 1 500 236 510 600 6 000 384 000Nationalthreshol dsGreece 280 000 27 976 799 5 217
Spain 600 467 192 198 1 919 270 186
France n.r. n.r. 61 445Italy 599 769 290 426 3 221 106 428Portugal20 000 n.r. n.r. 1 724
n.r. = not relevant.1996R2202 — EN — 01.06.2001 — 002.001 — 8