1996R2200 — EN — 31.03.2002 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No2200/96
of28October1996
onthecommonorganizationofthemarketinfruitandvegetables
(OJ L 297, 21.11.1996, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2520/97 of 15 December 1997 L 346 41 17.12.1997
►M2Council Regulation (EC) No 857/1999 of 22 April 1999 L 108 7 27.4.1999
►M3Council Regulation (EC) No 1257/1999 of 17 May 1999 L 160 80 26.6.1999
►M4Council Regulation (EC) No 2699/2000 of 4 December 2000 L 311 9 12.12.2000
►M5Council Regulation (EC) No 2826/2000 of 19 December 2000 L 328 2 23.12.2000
►M6Commission Regulation (EC) No 718/2001 of 10 April 2001 L 100 12 11.4.2001
►M7Commission Regulation (EC) No 911/2001 of 10 May 2001 L 129 3 11.5.2001
►M8Council Regulation (EC) No 545/2002 of 18 March2002 L 84 1 28.3.2002
Corrected by:
►C1Corrigendum, OJ L 271, 3.10.1997, p. 19 (2200/96)
►C2Corrigendum, OJ L 191, 7.7.1998, p. 71 (2200/96)
►C3Corrigendum, OJ L 61, 10.3.1999, p. 55 (2200/96)
►C4Corrigendum, OJ L 302, 1.12.2000, p. 72 (1257/1999)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCILREGULATION(EC)No2200/96
of28October 1996
onthecommonorganizationofthemarketinfruitandvegetables
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
(1)Whereas at the present time various changes are placing the fruitand vegetable sector in a new situation to which producers must
adjust; whereas, accordingly, a reorientation of the basic rules of
the market organization for the sector is warranted; whereas, inview of the numerous changes made to that market organizationsince it was first adopted, a new regulation should, for reasons ofclarity, be adopted;
(2)Whereas it is desirable to insert in that new regulation the mainprovisions of Council Regulation (EEC) No 3285/83 of 14November 1983 laying down general rules for the extension of
certain rules issued by producers' organizations in the fruit and
vegetables sector(
4), of Council Regulation (EEC) No 1319/85
of 23 May 1985 on the reinforcement of supervision of theapplication of Community rules on fruit and vegetables(
5), of
Council Regulation (EEC) No 2240/88 of 19 July 1988 fixing,for peaches, lemons and oranges, the rules for applying Article
16b of Regulation (EEC) No 1035/72 on the common organiza-
tion of the market in fruit and vegetables(
6), of Council
Regulation (EEC) No 1121/89 of 27 April 1989 on the introduc-tion of an intervention threshold for apples and cauliflowers(
7),
and of Council Regulation (EEC) No 1198/90 of 7 May 1990establishing a Community register of citrus cultivation(
8);
whereas these Regulations should therefore be repealed;
(3)Whereas classification using common obligatory standards for
fruit and vegetables both marketed within the Community and
exported to third countries provides a reference framework that
encourages fair trading and market transparency and also elimi-nates products of unsatisfactory quality from the market;whereas compliance with these standards thus also helps toimprove the profitability of production;
(4)Whereas it would be desirable, for reasons of simplicity, toadopt standards for fruit and vegetables having a relatively largeimpact on the market which take account of the standardsadopted by the United Nations Economic Commission for
Europe (UN/ECE); whereas it is necessary to set the terms on
which these international standards can be adjusted to thespecific requirements of the Community;1996R2200 — EN — 31.03.2002 — 003.001 — 2
(1) OJ No C 52, 21. 2. 1996, p. 1.
(2) OJ No C 96, 1. 4. 1996, p. 269.
(3) OJ No C 82, 19. 3. 1996, p. 21.
(4) OJ No L 325, 22. 11. 1983, p. 8. Regulation as last amended by Regulation
(EEC) No 220/92 (OJ No L 24, 1. 2. 1992, p. 7).
(5) OJ No L 137, 27. 5. 1985, p. 39. Regulation as amended by Regulation
(EEC) No 404/93 (OJ No L 47, 25. 2. 1993, p. 1).
(6) OJ No L 198, 26. 7. 1988, p. 9. Regulation as last amended by Regulation
(EC) No 1327/95 (OJ No L 128, 13. 6. 1995, p. 8).
(7) OJ No L 118, 29. 4. 1989, p. 21. Regulation as last amended by Regulation
(EC) No 1327/95 (OJ No L 128, 13. 6. 1995, p. 8).
(8) OJ No L 119, 11. 5. 1990, p. 59.
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(5)Whereas standardization cannot be fully effective unless it is
applied, subject to exemption, at all marketing stages and on
departure from the production region; whereas exemption may,nevertheless, be provided for in the case of certain operationswhich either are very marginal and specific or take place at thestart of the distribution chain, or in the case of products intendedfor processing; whereas account should also be taken of the
possibility of shortages and of exceptionally plentiful supply;
whereas in order to guarantee the quality required by the stan-dards, the holder of the product must be responsible forcompliance, whereas in particular, consumer requirements asregards the characteristics of fruit and vegetables mean that the
origin of products should be included in the labelling up to and
including the final retail stage;
(6)Whereas the production and marketing of fruit and vegetablesshould take full account of environmental concerns, includingcultivation practices, the management of waste materials and
the destruction of products withdrawn from the market, in parti-
cular as regards the protection of water quality, the maintenanceof biodiversity and the upkeep of the countryside;
(7)Whereas producer organizations are the basic elements in thecommon market organization, the decentralized operation ofwhich they ensure at their level; whereas, in the face of ever
greater concentration of demand, the grouping of supply through
these organizations is more than ever an economic necessity inorder to strengthen the position of producers in the market;whereas such grouping must be effected on a voluntary basisand must prove its utility by the scope and efficiency of the
services offered by producer organizations to their members;
whereas the delivery of products to specialist producer organiza-tions existing before the entry into force of this Regulation is notbrought into question;
(8)Whereas a producer organization cannot be recognized by its
Member State as able to contribute to achievement of the objec-
tives of the common market organization unless its articles ofassociation impose certain requirements on it and its members;whereas producer groups wishing to acquire the status ofproducer organizations in accordance withth is Regulationshould be allowed the benefit of a transitional period during
which national and Community financial support can be given
against certain commitments by the group;
(9)Whereas a transitional period should be allowed to producerorganizations already recognized under Regulation (EEC) No1035/72(
1) which cannot immediately meet the requirements of
this Regulation for recognition; whereas such organizations
must be able to show themselves able to make the necessarychanges;
(10)Whereas in order to give producer organizations greater respon-sibility for their financial decisions in particular and to gear the
public resources assigned to them towards future requirements,
terms should be set for the use of these resources; whereas jointfinancing of operational funds set up by producer organizationspresents itself as an appropriate solution;
(11)Whereas the establishment and proper functioning of operational
funds requires that producer organizations should take charge of
the whole of the relevant fruit and vegetable production of theirmembers;1996R2200 — EN — 31.03.2002 — 003.001 — 3
(1) Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the
common organization of the market in fruit and vegetables (OJ No L 118,
20. 5. 1972, p. 1). Regulation as last amended by Regulation (EC) No 1363/
95 (OJ No L 132, 16. 6. 1995, p. 1).
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(12)Whereas in order to control Community expenditure, there
should be a cap on assistance granted to producer organizations
that establish operational funds;
(13)Whereas in regions where the organization of production is weakthe grant of additional, national, financial contributions shouldbe allowed; whereas in the case of Member States which are at
a particular disadvantage withregard to structures, th ose contri-
butions should be reimbursable by the Community via theCommunity Support Framework;
(14)Whereas, in order to further boost the impact of producer orga-nizations and associations thereof and ensure the market as muchstability as is desirable, Member States should be allowed on
certain conditions to extend to non-member producers in their
region the rules, particularly on production, marketing and envir-onmental protection, adopted for its members by theorganization or association for the region concerned; whereas,where proper justification is given, certain costs arising from
this extension of the rules should be chargeable to the producers
concerned since they will benefit from the extension;
(15)Whereas interbranch organizations set up on the initiative ofindividual or already grouped operators can, if they account fora significant proportion of the members of the various occupa-
tional categories of the fruit and vegetable sector, contribute to
behaviour taking closer account of market realities and facilitatea commercial approachth at will improve production reporting,that is to say the organization of production, product presentationand marketing; whereas since the work of these organizations isable to contribute in general to attaining the objectives of Article
39 of the Treaty and in particular to those of this Regulation it
should, once the relevant forms of action are defined, be possibleto grant specific recognition to those organizations whichprovide proof of sufficient representativeness and carry out prac-tical action in regard to the abovementioned objectives; whereas
the provisions on extending the rules adopted by producer orga-
nizations and their associations and on sharing the costs resultingfrom such extension should, given the similarity of the objec-tives pursued, also apply to interbranchorganizations;
(16)Whereas to stabilize prices it is desirable that producer organiza-
tions should be able to intervene on the market, in particular by
deciding not to put up for sale particular quantities at particularperiods; whereas these withdrawal operations must not beregarded as an alternative outlet to the market itself; whereasCommunity financing of withdrawals should therefore berestricted to a set percentage of production and the Community
compensation granted at a reduced level, though use of the
operational funds for this purpose should be permitted; whereasfor simplicity Community compensation should be at a singleflat rate for each product; whereas, to achieve a comparablereduction for all products, certain differentiations are required;
(17)Whereas intervention can be fully effective only if the productswithdrawn from the market are not reintroduced into the normalmarketing channel again; whereas various alternative uses towhich they may be put should be specified so that their destruc-tion is avoided wherever possible;
(18)Whereas this new way of managing withdrawals will allow theprovisions in force on the implications of threshold overruns tobe repealed immediately; whereas it is, however, reasonable toretain the underlying principle of those provisions for a transi-tional period and to give the Commission authority to takeaction on the basis of that principle if the need arises;1996R2200 — EN — 31.03.2002 — 003.001 — 4
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(19)Whereas by Regulation (EC) No 3290/94(1) the Council has
adopted the adjustments and transitional arrangements required
in the agricultural sector in order to implement the agreementsconcluded in the context of the Uruguay Round of multilateraltrade negotiations, in particular the new trading arrangementswith third countries in the fruit and vegetable sector; whereasthe provisions in Annex XIII to Regulation (EC) No 3290/94
have been inserted in this Regulation; whereas, however, where
products are imported into the Community for industrial proces-sing, they are not sold on consignment; whereas verification ofthe entry price can therefore be made on other bases than a flatrate value; whereas the relevant provisions should therefore be
supplemented in this regard;
(20)Whereas the rules of the common market organization should becomplied with by all operators to whom they apply, otherwise
their impact will be distorted with all the resulting consequencesin terms of both the use of public resources and the interplay ofcompetition; whereas a special corps of Community inspectorsshould be set up for this sector; whereas for both budget reasonsand effectiveness the corps should consist of Commission offi-
cials and possibly other staff; whereas it is also necessary to
make provision for Community penalties in order to ensure thatthe new rules are uniformly applied throughout the Community;
(21)Whereas one of the indispensable elements for the propermanagement of the common organization of the market isdetailed knowledge of the market; whereas measures shouldtherefore be provided for to this end;
(22)Whereas the granting of certain aid would compromise the func-tioning of the single market; whereas, therefore, the provisionsof the Treaty enabling aid granted by Member States to be
examined and enabling aid which is incompatible with the
common market to be prohibited, should be extended to coverthe sector referred to in this Regulation;
(23)Whereas the common organization of the market in that sectormust take proper and simultaneous account of the objectives setout in Articles 39 and 110 of the Treaty;
(24)Whereas, to facilitate the implementation of the provision of thisRegulation, a procedure for close cooperation between theMember States and the Commission by means of a management
committee should be set up;
(25)Whereas in order to deal with a particularly unfavourable situa-tion in the hazelnut sector, flat-rate aid should be granted for
hazelnuts harvested in the 1997/1998, 1998/1999 and 1999/2000marketing years,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation sets up a common organization of the market in
fruit and vegetables.
2. The common organization shall cover the following products:
CN code Description
07020000 Tomatoes, freshor ch illed
0703 Onions, shallots, garlic, leeks and other alliaceous vegeta-
bles, freshor ch illed1996R2200 — EN — 31.03.2002 — 003.001 — 5
(1) OJ No L 349, 31. 12. 1994, p. 105. Regulation as amended by Regulation
(EC) No 1193/96 (OJ No L 161, 29. 6. 1996, p. 1).▼M1
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CN code Description
0704 Cabbages, cauliflowers, kohlrabi, kale and similar edible
brassicas, freshor ch illed
0705 Lettuce (Lactuca sativa) and chicory (Cichorium spp.) ,
freshor ch illed
0706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes
and similar edible roots, freshor ch illed
070700 Cucumbers and gherkins, fresh or chilled
0708 Leguminous vegetables, shelled or unshelled, fresh or
chilled
ex 0709 Other vegetables, fresh or chilled, excluding vegetables of
subheadings 07096091, 07096095, 07096099,
0709 9031, 0709 9039 and 07099060
ex 0802 Other nuts, fresh or dried, whether or not shelled or
peeled, excluding areca (or betel) and cola nuts falling
within subheading 08029020
08030011 Freshplantains
ex 08030090 Dried plantains
08042010 Figs, fresh
08043000 Pineapples
080440 Avocados
08045000 Guavas, mangos and mangosteens
0805 Citrus fruit, freshor dried
08061010 Freshtable grapes0807 Melons (including watermelons) and pawpaws (papayas),
fresh
0808 Apples, pears and quinces, fresh
0809 Apricots, cherries, peaches (including nectarines), plums
and sloes, fresh
0810 Other fruit, fresh
08135031 Mixtures exclusively or dried nuts of CN Nos 0801 and
0802
0813503912121010 Carobs
3. The marketing years for the products listed in paragraph 2 shall
be determined, if necessary, in accordance withth e procedure laid
down in Article 46.
TITLE I
Classificationofproducts
Article 2
1. Products to be delivered freshto th e consumer may be classified
by reference to a set of standards.
2. The standards for fresh fruit and vegetables contained in Annex I
shall be adopted, by the procedure laid down in Article 46, for imple-menting the common organization of the markets. To this end, accountshall be taken of the UN/ECE standards recommended by theEconomic Commission for Europe's Working Party on perishable
product standardization and quality.
Until new standards are adopted, the standards drawn up pursuant to
Article 2 of Regulation (EEC) No 1035/72 shall continue to apply.1996R2200 — EN — 31.03.2002 — 003.001 — 6
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3. The Commission acting in accordance with the procedure laid
down in Article 46 may add other products to the list in Annex I.
Article 3
1. The holder of products covered by the quality standards adopted
may not display suchproducts or offer th em for sale, or deliver or
market them in any other manner within the Community than inconformity with those standards. The holder shall be responsible forobserving suchconformity.
However, Member States may exempt the following from the require-
ment of complying withth e quality standards or withsome of th eir
provisions:
(a) products displayed or offered for sale, sold, delivered or marketed
in any other manner by the grower on wholesale markets, in parti-cular on producer markets, situated in the production area;
(b) products shipped from those wholesale markets to preparation and
packaging stations and storage facilities situated in the same
production area.
Where the second subparagraph is applied, the Member State
concerned shall inform the Commission and shall notify it of themeasures taken.
2. The following shall not be required to conform to the quality
standards within a given production area:
(a) products sold or delivered by the grower to preparation and packa-
ging stations or storage facilities, or shipped from his holding tosuchstations;
(b) products shipped from storage facilities to preparation and packa-
ging stations.
3. The following shall not be required to conform to the quality
standards:
(a) products shipped to processing plants, unless minimum quality
criteria for products intended for industrial processing are set inaccordance withth e procedure laid down in Article 46;
(b) products transferred by the producer on his holding to consumers
for their personal use;
(c) on a Commission Decision taken at the request of a Member State
using the procedure referred to in Article 46 for products of a givenregion which are sold by the retail trade of the region for well-established traditional local consumption.
4. Evidence must be supplied that the products covered by para-
graphs 2 and 3 (a) fulfil the conditions laid down, in particular with
regard to their intended use.
Article 4
Where, following extreme shortage or exceptionally plentiful supply,
the supply of products conforming to the quality standards is insuffi-cient to meet or appreciably exceeds consumer demand, measuresderogating from their application for a limited period shall be adoptedin compliance withth e Community's international obligations and in
accordance withth e procedure laid down in Article 46.
Article 5
1. The information particulars required by the quality standards must
be shown legibly in an obvious position on one side of the packaging,either indelibly printed directly onto the package or on a label which isan integral part of or firmly affixed to the package.
2. For goods shipped in bulk and loaded directly onto a means of
transport, the particulars referred to in paragraph 1 shall be given in a1996R2200 — EN — 31.03.2002 — 003.001 — 7
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document accompanying the goods or shown on a notice placed in an
obvious position inside the means of transport.
Article 6
At the retail stage, where products are packaged the information parti-
culars required shall be legible and conspicuous.
For pre-packaged products within the meaning of Directive 79/112/
EEC(1), the net weight shall be indicated, in addition to all the infor-
mation provided for in the common quality standards. However, in thecase of products normally sold by number, the requirement to indicatethe net weight shall not apply if the number of items can be clearly
seen and easily counted from the outside or, failing that, if the number
is indicated on the label.
Products may be presented unpackaged, provided that the retailer
displays with the goods offered for sale a card showing prominentlyand legibly the information particulars specified in the quality stan-
dards relating to:
— variety,
— origin of the product,
— class.
Article 7
To establish whether products covered by quality standards conform to
the provisions of Articles 3 to 6, checks shall be made in accordancewithTitle VI by sampling at all marketing stages and during transportby the authorities appointed by each Member State.
These checks shall preferably be made prior to dispatch from produc-
tion areas when the products are being packed or loaded.
Member States shall communicate to the other Member States and to
the Commission the names of the authorities which they have
appointed to be responsible for checking.
Article 8
1. Products covered by quality standards shall be accepted for
importation from third countries only if they conform to the quality
standards or to standards at least equivalent to them.
2. Articles 3 to 7 shall apply to products imported into the Commu-
nity, after completion of the import formalities in accordance withcurrent Community rules.
Article 9
1. Products covered by quality standards shall be accepted for export
to third countries only if they conform to those standards.
Derogations may, however, be granted in accordance with the proce-
dure laid down in Article 45 to suit the requirements of the intendedmarkets.
2. Products for export to third countries shall be subject to a Check
for compliance with quality standards before they leave the customs
territory of the Community.
Article 10
Measures to ensure uniform application of the provisions of this Title
shall be adopted in accordance with the procedure laid down in Article46.1996R2200 — EN — 31.03.2002 — 003.001 — 8
(1) Council Directive 79/112/EEC of 18 December 1978 on the approximation
of the laws of the Member States relating to the labelling, presentation and
advertising of foodstuffs (OJ No L 33, 8. 2. 1979, p. 1). Directive as last
amended by the 1994 Act of Accession.
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For products intended to be imported into the Community, such
measures may consist in approval of the official inspection authoritiesof the exporting third country.
TITLE II
Producer organizations
Article 11
1. For the purposes of this Regulation, ‘producer organization’
means any legal entity:
(a) which is formed on the own initiative of growers of the following
categories of product listed in Article 1 (2):
(i) fruit and vegetables
(ii) fruit
(iii) vegetables
(iv) products intended for processing
(v) citrus fruit
(vi) nuts
(vii) mushrooms;
(b) which has in particular the aim of:
(1) ensuring that production is planned and adjusted to demand,
particularly in terms of quality and quantity;
(2) promoting concentration of supply and the placing on the
market of the products produced by its members;
(3) reducing production costs and stabilizing producer prices;
(4) promoting the use of cultivation practices, production techni-
ques and environmentally sound waste-management practicesin particular to protect the quality of water, soil and landscape
and preserve and/or encourage biodiversity;
(c) the rules of association of which require its producer members, in
particular, to:
(1) apply the rules adopted by the producer organization relating to
production reporting, production itself, marketing and protec-tion of the environment;
(2) belong to only one of the producer organizations referred to in
point (a) in respect of a given holdings production of one of thecategories of product listed in point (a);
(3) market their entire production concerned through the producer
organization.
However, where the producer organization so authorizes and in
compliance with the terms and conditions it lays down, theproducer members may:
— sell not more than 25 % of their production if they are
members of fruit and vegetable producer organizations asreferred to in point (a) (i) and not more than 20 % of theirproduction if they are members of other types of producerorganization directly ►
M2on their holdings and/or outside
their holdings ◄to consumers for their personal needs, and
furthermore;
— market themselves or through another producer organization
designated by their own organization, quantities of productswhich are marginal in relation to the volumes marketableby their organization;
— market through another producer organization designated by
their own organization products which, because of theircharacteristics, are not normally covered by the commercialactivities of the organization concerned;
— in accordance withth e procedure laid down in Article 46 be
authorized for certain products to conclude by way of dero-gation direct contracts withprocessing undertakings1996R2200 — EN — 31.03.2002 — 003.001 — 9
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degressively and for a transitional period until 31 December
1999;
(4) provide the information requested by the producer organization
for statistical purposes, in particular on growing areas, quanti-ties cropped, yields and direct sales;
(5) to pay the financial contributions provided for in its rules of
association for the establishment and replenishment of theoperational fund provided for in Article 15;
(d) the rules of association of which provide for:
(1) procedures for determining, adopting and amending the rules
referred to in point (c) (1);
(2) the imposition on members of financial contributions needed to
finance the producer organization;
(3) rules enabling the producer members democratically to scruti-
nize their organization and its decisions;
(4) penalties for infringement of obligations under the rules of
association, particularly non-payment of financial contributions,or of the rules laid down by the producer organization;
(5) rules on the admission of new members, particularly a
minimum membership period; and
(6) the accounting and budgetary rules necessary for the operation
of the organization;
(e) which has been recognized by the Member State concerned
pursuant to paragraph2.
2. Member States shall recognize as producer organizations for the
purposes of this Regulation all producer groups applying for suchrecognition, on condition that:
(a) they meet the requirements laid down in paragraph 1 and provide
the relevant evidence, including proof that they have a minimumnumber of members and cover a minimum volume of marketable
production, to be determined in accordance withth e procedure
laid down in Article 45;
(b) there is sufficient evidence that they can carry out their activities
properly, bothover time and in terms of effectiveness;
(c) they effectively enable their members to obtain technical assistance
in using environmentally-sound cultivation practices;
(d) they effectively provide their members with the technical means for
storing, packaging and marketing their produce and ensure propercommercial and budgetary management of their activities.
3. Member States may also recognize as producer organizations for
the purposes of this Regulation producer organizations other than thosereferred to in paragraph 1 (a) existing before the entry into force of thisRegulation and recognized under Regulation No 1035/72 before the
date of application of this Regulation.
Where pursuant to the previous subparagraph Member States recognize
those producer organizations, the requirements laid down in paragraph
1, except for paragraph1 (a), and, if appropriate, paragraph1 (c) (2),and in paragraph2 sh all apply.
Article 12
1. Member States shall:
(a) decide whether to grant recognition to a producer organization
within three months of the lodging of an application with all
supporting documents;
(b) carry out checks at regular intervals to ascertain that producer orga-
nizations comply withth e terms and conditions for recognition,impose in the event of non-compliance the penalties to apply tosuch organizations and decide, where necessary, to withdraw recog-nition;1996R2200 — EN — 31.03.2002 — 003.001 — 10
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(c) notify the Commission, within two months, of every decision to
grant, refuse or withdraw recognition.
2. The terms and conditions under which and the frequency with
which the Member States are to report to the Commission on the activ-
ities of producer organizations shall be laid down in accordance withthe procedure laid down in Article 46.
The Commission shall check that Articles 11 and paragraph (1) (b) of
this Article are complied with by carrying out checks in accordance
with Title VI and in the light of such checks shall, where appropriate,
call on Member States to withdraw recognition.
Article 13
1. Producer organizations recognized under Regulation (EEC) No
1035/72 before the entry into force of this Regulation and which areunable to qualify for recognition under Article 11 of this Regulationwithout a transitional period may continue to operate under the provi-
sions of Title IV for two years after its entry into force, provided that
they remain in compliance with the requirements of the said Articles ofRegulation (EEC) No 1035/72.
2. The period of two years referred to in paragraph 1 may be
extended to five years provided that the producer organizationconcerned:
(a) by a set date falling before the end of the two-year period referred
to in paragraph 1, presents to the relevant Member State, whichmust either accept or reject it, a plan of action with a view toattaining recognition under Article 11 (2);
(b) can show, when presenting its plan of action, that it has set up the
operational fund referred to in Article 15;
(c) undertakes, on pain of penalties to be determined by the Member
State, to complete the implementation of its action plan before the
end of the five-year period.
3. Producer organizations which no longer meet the conditions laid
down in paragraph 2, whatever the reason and at whatever moment,shall lose their status as such on the terms set out in Article 12 (1) (b).
However, the first subparagraph shall apply without prejudice to any
individual rights which the producer organization may have acquired
in accordance withRegulation (EEC) No 1035/72.
Article 14
1. New producer organizations or those which have not been recog-
nized under Regulation (EEC) No 1035/72 before the entry into forceof this Regulation may be allowed a transitional period of no more thanfive years in which to meet the conditions for recognition laid down in
Article 11.
In order to qualify, they shall present a phased recognition plan to the
relevant Member State, acceptance of which shall signal the start of thefive-year period referred to in the first subparagraph and shall consti-tute a preliminary recognition.
2. During the four years following the date of preliminary recogni-
tion, Member States may grant to the producer organizations referred
to in paragraph1:
(a) aid to encourage their formation and facilitate their administrative
operation;
(b) aid, provided either directly or through credit institutions, in the
form of special loans to cover part of the investments required toattain recognition and set out in the recognition plan referred to inthe second subparagraph of paragraph 1.
3. The aid referred to in paragraph 2 shall be reimbursed by the
Community in accordance withArticle 51 (2) and (3).1996R2200 — EN — 31.03.2002 — 003.001 — 11
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4. Before granting preliminary recognition, Member States shall
inform the Commission of their intentions and the financial implica-tions thereof.
5. Presentation of a recognition plan by a producer organization to a
Member State shall entail a commitment by the organization to submitto national and Community checks in accordance with Title VI, inparticular withregard to proper management of public funds.
6. Member States shall impose the applicable penalties on producer
organizations which do not fulfil their undertakings.
7. Detailed rules for application adopted under Article 48 for the
implementation of this Article shall include provisions ensuring thataid paid to Portuguese producer organizations is not less, expressed asa percentage of the value of the marketed production of the producerorganization, than that resulting from Regulation (EEC) No 746/93(
1).
Article 15
1. Community financial assistance shall be granted on the terms set
out in this Article to producer organizations setting up an operational
fund.
This fund shall be maintained by financial contributions levied on
member producers on the basis of the quantities or value of fruit andvegetables actually marketed and from the financial assistance referredto in the first subparagraph.
2. Operational funds as indicated in paragraph1 sh all be used to:
►
C2(a) finance market withdrawals on the terms set out in para-
graph3; ◄
(b) finance an operational programme submitted to the competent
national authorities and approved by them under Article 16 (1).
Suchfunds may also be used in wh ole or in part to finance an action
plan submitted by a producer organization as referred to in Article 13.
3. Use of the operational fund to finance market ►C2withdrawals
shall be ◄permissible only if an operational programme has been
approved by the competent national authorities. Financing shall takeone or more of the following forms:
(a) withdrawal compensation for products not listed in Annex II which
comply with the standards in force if such standards have been laid
down pursuant to Article 2;
(b) a supplement to the Community withdrawal compensation.
Member States may set a maximum level for the compensation or
supplement but the amount of the supplement thus fixed added to the
amount of the Community withdrawal compensation may not exceedthe maximum level of withdrawal prices applying in the 1995/1996marketing year in accordance withArticle 16 (3) (a), Article 16 (a),Article 16 (b) and the first indent of Article 18 (1) (a) of Regulation(EEC) No 1035/72.
The proportion of the operational fund which may be used to finance
withdrawals may not exceed 60 % in the first year, 55 % in the second,50 % in the third, 45 % in the fourth, 40 % in the fifth and 30 % fromthe sixth year onwards commencing from the date of approval by thecompetent national authorities of the first operational programmesubmitted by the producer organization and approved by them.
The limits laid down in Article 22 (3), (4) and (5) shall apply to the
withdrawals referred to in point (a) of the first subparagraph of thisparagraph.1996R2200 — EN — 31.03.2002 — 003.001 — 12
(1) Council Regulation (EEC) No 746/93 of 17 March1993 on th e granting of
aid to encourage the formation and facilitate the operation of producer orga-
nizations as provided for in Regulations (EEC) No 1035/72 and (EEC) No
1360/79 in Portugal.
▼B
4. Operational programmes as indicated in paragraph2 (b) sh all:
(a) have several of the objectives referred to in Article 11 (1) (b) and
others, including in particular: the improvement of product quality,
boosting products' commercial value, promotion of the productstargeted at consumers, creation of organic product lines, the promo-tion of integrated production or other methods of productionrespecting the environment and the reduction of withdrawals;
(b) include action to develop the use of environmentally sound techni-
ques by the producer members with regard to both cultivationpractices and the management of waste materials.
‘Environmentally sound techniques’ shall mean, in particular, those
which help to achieve the aims of Article (1) (a), (b) and (c) of
Regulation (EEC) No 2078/92(
1);
(c) make financial provision for the technical and human resources
required to ensure the monitoring of compliance with the standardsreferred to in Article 2, withplant-h ealthrules and withmaximumpermitted levels of residues.
5. The financial assistance referred to in paragraph 1 shall be equal
to the amount of the financial contributions indicated in that paragraphas actually paid but limited to 50 % of the actual expenditure incurredunder paragraph2.
This percentage shall be 60 % where an operational programme or part
of an operational programme is submitted by:
(a) either several Community producer organizations operating in
different Member States on transnational schemes, except for
operations as referred to in paragraph2 (a);
(b) or one or more producer organizations engaged in schemes oper-
ated on an interbranchbasis.
However, the financial assistance shall be capped at 4,1 % of the value
of the marketed production of each producer organisation.
6. In regions of the Community where the degree of organisation of
producers is particularly low, Member States may be authorised, on a
duly substantiated request, to pay producer organisations national
financial assistance equal to a maximum of half the financial contribu-tions of producers. This assistance shall be additional to the operationalfund.
For Member States where producer organisations market less than 15 %
of the fruit and vegetable production and whose fruit and vegetable
production represents at least 15 % of their total agricultural output,the assistance referred to in the first subparagraph may be partly reim-bursed by the Community at the request of the Member Stateconcerned.
Article 16
1. Operational programmes as referred to in Article 15 (2) (b) shall
be submitted to the competent national authorities, who shall approve
or reject them or request their modification in line with the provisionsof this Regulation.
Member States shall establish a national framework for drawing up the
general conditions relating to the measures referred to in Article 15 (4)1996R2200 — EN — 31.03.2002 — 003.001 — 13
(1) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural
production methods compatible with the requirements of the protection of
the environment and the maintenance of the countryside (OJ No L 215, 30.
7. 1992, p. 85). Regulation as last amended by Commission Regulation (EC)
No 2722/95 (OJ No L 288, 1. 12. 1995, p. 35).▼M2
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(b). They shall submit their proposed framework to the Commission
which may request modifications within three months if it finds thatthe proposal does not enable the aims set out in Article 130r of the
Treaty and in the Community programme of policy and action in rela-
tion to the environment and sustainable development to be attained.
2. By the end of each year at the latest, producer organizations shall
communicate to the Member State the estimated amount of the opera-tional fund for the next year and shall submit appropriate reasons basedon operational programme estimates, expenditure for the current year
and possible for previous years and, if necessary, on estimated produc-
tion quantities for the next year. The Member State shall, before 1January of the following year, notify the producer organization of theestimated amount of financial assistance in line withth e limits set outin Article 15 (5).
Financial assistance payments shall be made on the basis of expendi-
ture incurred for the schemes covered by the operational programme.
Advances may be made in respect of the same schemes subject to the
provision of a guarantee or security.
At the beginning of each year and by 31 January at the latest, the
producer-organization shall notify the Member State of the finalamount of expenditure for the previous year, accompanied by thenecessary supporting documents, so that it may receive the balance ofthe Community financial assistance.
3. An association of producer organizations recognized by a
Member State may replace its members for the purposes of managing
their operational fund within the meaning of Article 15 (1) and forestablishing, implementing and submitting operational programmes asreferred to in Article 15 (2) (b). In such cases the association shallreceive the financial assistance and make the notification referred to
in paragraph2 of th is Article.
4. Operational programmes and their financing by producers and
producer organizations on the one hand and by Community funds on
the other shall have a minimum duration of three and a maximum dura-tion of five years.
5. Submission of an operational programme to a Member State by a
producer organization or, if the option indicated in paragraph 3 is takenup, an association of producer organizations, shall imply a commitment
by the organization or association to submit to national and Community
checks in accordance with Title VI, in particular as regards propermanagement of public resources.
Article 17
Should the general instruments of the common organization of the
market prove inadequate or inappropriate withregard to th e productslisted in Article 1 (2) which are of major local or regional importancein economic or ecological terms and which face lasting difficulties onthe Community market due, in particular, to strong international
competition, specific measures to improve the competitiveness of these
products and to promote them may be taken in accordance with theprocedure laid down in Article 46.
Article 18
1. In cases where a producer organization or an association of
producer organizations which have adopted the same rules, which oper-ates in a specific economic area is considered, in respect of a specificproduct, to be representative of production and producers in that area,the Member State concerned may, at the request of the organization or
association, make the following rules binding on producers established
in the area who do not belong to one of the organizations referred toabove:
(a) the rules referred to in point (1) of Article 11 (1) (c),
(b) the rules adopted by the organization or association relating to
market withdrawals,1996R2200 — EN — 31.03.2002 — 003.001 — 14
▼B
on condition that the rules:
— have been in force for at least one marketing year,
— are included in the exhaustive list in Annex III,
— are made binding for no more than three marketing years.
2. For the purposes of this Article, ‘economic area’ means a geogra-
phical zone made up of adjoining or neighbouring production regionsin which production and marketing conditions are homogeneous.
3. A producer organization or association of organizations shall be
deemed representative within the meaning of paragraph 1 where itsmembers account for at least two thirds of the producers in the
economic area in which it operates and it covers at least two thirds of
the production of that area.
4. The rules which are made binding on all producers in a specific
economic area:
(a) must not cause any harm to other producers in the Member State or
in the Community;
(b) shall not apply, unless they expressly cover them, to products
delivered for processing under a contract signed before the begin-ning of the marketing year, with the exception of the rules onreporting production referred to in paragraph1 (a);
(c) must not clashwithCommunity and national rules in force.
5. Member States shall notify the Commission forthwith of the rules
which they have made binding on all producers in a specific economicarea. These rules shall be published in the ‘C’ series of the Official
Journal.
The Commission shall decide that a Member State must repeal an
extension of the rules decided on by that Member State:
(a) if it finds that the extension in question to other producers excludes
competition in a substantial part of the internal market or jeopar-dizes free trade, or that the objectives of Article 39 of the Treatyare endangered;
(b) if it finds that Article 85 (1) of the Treaty applies to the agreement,
decision or concerted practice which it has been decided to extendto other producers. The Commission's decision with regard to that
agreement, decision or concerted practice shall apply only from the
date of sucha finding;
(c) where, following ex-post checks under Title VI, it finds that this
Article has not been complied with.
6. Where paragraph 1 is applied, the Member State concerned may
decide, on scrutiny of evidence presented, that non-member producersshall be liable to the organization, or where appropriate, the associa-tion, for the part of the financial contributions paid by the producermembers, insofar as these are used to cover:
(a) administrative costs resulting from applying the rules referred to in
paragraph1;
(b) the cost of research, market studies and sales promotion undertaken
by the organization or association and benefiting all producers inthe area.
7. Member States shall notify a list of economic areas as referred to
in paragraph 2 to the Commission. Within one month of notification,
the Commission shall approve the list or shall, after consultation withthe Member State concerned, decide on the amendments which thelatter must make to it. The approved list shall be published in the ‘C’series of the Official Journal of the European Communities .1996R2200 — EN — 31.03.2002 — 003.001 — 15
▼B
TITLE III
Interbranchorganizationsandagreements
Article 19
1. For the purposes of this Regulation, ‘recognized interbranch orga-
nizations’, hereinafter referred to as ‘interbranch organizations’, meanslegal entities which:
(a) are made up of representatives of economic activities linked to the
production of and/or trade in and/or processing of the products
referred to in Article 1 (2);
(b) are established at the initiative of all or some of the organizations
or associations which constitute them;
(c) carry out several of the following measures in one or more regions
of the Community, taking account of the interests of consumers:
— improving knowledge and the transparency of production and
the market,
— helping to coordinate better the way fruit and vegetables are
placed on the market, in particular by means of research and
market studies,
— drawing up standard forms of contract compatible with
Community rules,
— exploiting more fully the potential of the fruit and vegetables
produced,
— providing the information and carrying out the research neces-
sary to adjust production towards products more suited tomarket requirements and consumer tastes and expectations, in
particular withregard to product quality and protection of th e
environment,
— seeking ways of restricting the use of plant-health products and
other inputs and ensuring product quality and soil and waterconservation,
— developing methods and instruments for improving product
quality,
— exploiting the potential of and protecting organic farming as
well as designations of origin, quality labels and geographical
indications,
— promoting integrated production or other environmentally sound
production methods,
— laying down rules, as regards the production and marketing
rules set out in Annex III, which are stricter than Communityor national rules.
(d) have been recognized by the Member State concerned on the terms
set out in paragraph2.
2. If warranted by the Member State's structures, Member States
may recognize as interbranch organizations within the meaning of this
Regulation all organizations established on their territory which makean appropriate application, on condition that:
(a) they carry out their activity in one or more regions in that territory;
(b) they represent a significant share of the production of and/or trade
in and/or processing of fruit and vegetables and products processedfrom fruit and vegetables in the region or regions in question and,where more than one region is involved, they can demonstrate a
minimum level of representativeness in eachregion for eachof
the branches that they group;
(c) they carry out several of the measures referred to in paragraph 1
(c);
(d) they are not themselves engaged in the production or processing or
marketing of fruit and vegetables or products processed from fruit
and vegetables;
(e) they do not carry out any of the activities referred to in Article 20
(3).1996R2200 — EN — 31.03.2002 — 003.001 — 16
▼B
3. Before granting recognition Member States shall notify the
Commission of the interbranch organizations which have applied forrecognition, providing all relevant information about their representa-
tiveness and their various activities, together with all other
information needed for an assessment.
The Commission may object to recognition within a time limit of two
months after notification.
4. Member States shall:
(a) decide whether to grant recognition within three months of the
lodging of an application withall relevant supporting documents;
(b) carry out checks at regular intervals to ascertain that interbranch
organizations meet the terms and conditions for recognition,impose the applicable penalties to such organizations in the event
of their failure to do so and, if necessary, decide to withdraw their
recognition;
(c) withdraw recognition if:
(i) the terms and conditions for recognition laid down in this
Regulation are no longer met;
(ii) the interbranch organization contravenes one or other of the
prohibitions imposed in Article 20 (3), without prejudice toany other penalties otherwise incurred pursuant to nationallaw;
(iii) the interbranch organizations fails to comply with the notifica-
tion obligation referred to in Article 20 (2);
(d) notify the Commission, within two months, of any decision to
grant, refuse or withdraw recognition.
5. The terms and conditions on which and the frequency with which
the Member States are to report to the Commission on the activities of
interbranch organizations shall be drawn up in accordance with theprocedure laid down in Article 46.
The Commission shall check that paragraphs 2 and 4 (b) are complied
withby carrying out ch ecks in accordance withTitle VI and may, as aresult of these checks, ask a Member State to withdraw recognition.
6. Recognition shall constitute an authorization to carry out the
measures listed in point (c) of paragraph1, consistent withth e termsof this Regulation.
7. The Commission shall publish in the ‘C’ series of the Official
Journal of the European Communities a list of the interbranch organi-
zations recognized, indicating the economic sphere or the area of their
activities and the activities carried out within the meaning of Article
21. Withdrawals of recognition shall also be published.
Article 20
1. Notwithstanding Article 1 of Regulation No 26(
1), Article 85 (1)
of the Treaty shall not apply to the agreements, decisions and concertedpractices of recognized interbranchorganizations intended to imple-ment the measures referred to in Article 19 (1) (c).
2. Paragraph 1 shall apply only provided that:
— the agreements, decisions and concerted practices have been noti-
fied to the Commission, and that
— within two months of receipt of all the details required the Commis-
sion has not found that the agreements, decisions or concertedpractices are incompatible withCommunity rules.1996R2200 — EN — 31.03.2002 — 003.001 — 17
(1) Regulation No 26 applying certain rules of competition to production of and
trade in agricultural products (OJ No 30, 20. 4. 1962, p. 993/62). Regulation
as last amended by Regulation No 49 (OJ No 53, 1. 7. 1962, p. 1571/62).
▼B
The agreements, decisions and concerted practices may not be imple-
mented until the period indicated in the second indent of the firstsubparagraphh as elapsed.
3. Agreements, decisions and concerted practices which:
— may lead to the partitioning of markets in any form within the
Community,
— may affect the sound operation of the market organization,— may create distortions of competition which are not essential in
achieving the objectives of the common agricultural policy pursued
by the interbranch organization measure,
— entail the fixing of prices, without prejudice to measures taken by
interbranchorganizations in th e application of specific provisionsof Community rules,
— may create discrimination or eliminate competition in respect of a
substantial proportion of the products in question, shall in any casebe declared contrary to Community rules.
4. If, following expiry of the two-month period referred to in the
second indent of the first subparagraph of paragraph 2, the Commissionfinds that the conditions for applying this Regulation have not beenmet, it shall take a decision declaring that Article 85 (1) of the Treatyapplies to the agreement, decision or concerted practice in question.
That Commission decision shall not come into effect earlier than the
date of notification to the interbranch organization concerned, unlessthat interbranch organization has given incorrect information or abusedthe exemption provided for in paragraph 1.
5. In the case of multiannual agreements, the prior notification for
the first year shall be valid for the subsequent years of the agreement;
however, in that event, the Commission may, on its own initiative or at
the request of another Member State, issue a finding of incompatibilityat any time.
Article 21
1. In cases where an interbranch organization operating in a specific
region or regions of a Member State is considered to be representative
of the production of and/or trade in and/or processing of a given
product, the Member State concerned may, at the request of the orga-nization, make some of the agreements, decisions or concertedpractices agreed on within that organization binding for a limitedperiod on other operators operating in the region or regions in question,whether individuals or groups, who do not belong to the organization.
2. An interbranch organization shall be deemed representative within
the meaning of paragraph 1 where it accounts for at least two thirds ofthe production and/or trade in and/or processing of the product orproducts concerned in the region or regions concerned of a MemberState. Where the application for extension of its rules to other operators
covers more than one region, the interbranch organization must demon-
strate a minimum level of representativeness for each of the branches itgroups in eachof th e regions concerned.
3. The rules for which extension to other operators may be
requested:
(a) must concern one of the following aims:
— production and market reporting,
— stricter production rules than any laid down in Community or
national rules,
— drawing up of standard contracts which are compatible with
Community rules,
— rules on marketing,— rules on protecting the environment,— measures to promote and exploit the potential of products,— measures to protect organic farming as well as designations of
origin, quality labels and geographical indications.1996R2200 — EN — 31.03.2002 — 003.001 — 18
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The rules referred to in the second, fourth and fifth indents must
not be other than those which appear in Annex III;
(b) must have been in force for at least one marketing year;
(c) may be made binding for no more than three marketing years;
(d) must not cause any harm to other operators in the Member State or
the Community.
Article 22
1. Member States shall notify the Commission forthwith of the rules
which they have made binding on all operators in one or more specific
regions. Those rules shall be published in the ‘C’ series of the Official
Journal of the European Communities .
Before that publication takes place, the Commission shall inform the
Committee provided for in Article 45 of any notification of the exten-
sion of interbranchagreements.
The Commission shall decide that a Member State must repeal an
extension of the rules decided on by that Member State in the casesreferred to in the second subparagraph of Article 18 (5).
2. In cases where rules for one or more products are extended and
where one or more of the activities referred to in Article 21 (3) (a)
are pursued by a recognized interbranchorganization and are in th egeneral economic interest of those persons whose activities relate toone or more of the products concerned, the Member State which hasgranted recognition may decide that individuals or groups which arenot members of the organization but which benefit from those activities
shall pay the organization all or part of the financial contributions paid
by its members to the extent that such contributions are intended tocover costs directly incurred as a result of pursuing the activities inquestion.
TITLE IV
Interventionarrangements
Article 23
1. Producer organizations and their associations may choose not to
put up for sale products listed in Article 1 (2) contributed by theirmembers, both in quantities and for periods which they consider appro-priate.
2. The destination of products withdrawn from the market under
paragraph1 must be fixed by th e producer organization or associationin such a way as not to disturb the normal disposal of the products inquestion and must respect the environment, particularly as regardswater and landscape quality.
3. Where paragraph 1 is applied to any one of the products listed in
Annex II which meet the relevant standards, producer organisations andtheir associations shall pay their producer members the Communitywithdrawal compensation indicated in Annex V, up to a limit:
— for citrus fruit, of 5 %,
— for apples and pears, of 8,5 %, and— for other products, of 10 %,
of the marketed quantity.The limits set in the first subparagraph shall apply to the marketed
quantity of eachproduct, as defined in accordance withth e procedure
laid down in Article 46, of only the members of the producer organisa-tion concerned, or of another organisation where Article 11(1)(c)applies.
4. The ceilings fixed in paragraph 3 shall apply from the 2002/03
marketing year. For the 2001/02 marketing year, the ceilings shall be1996R2200 — EN — 31.03.2002 — 003.001 — 19
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10 % for citrus fruit, melons and water melons, and 20 % for other
products.
The second subparagraph of paragraph 3 shall apply to the ceilings set
in this paragraph.
5. The percentages in paragraphs 3 and 4 shall be annual averages
over a three-year period, with a 3 % annual margin of overrun.
Article 24
In connection withth e products listed in Annex II, producer organisa-
tions shall allow the benefits of Article 23 to growers who are notmembers of any of the collective structures provided for in this Regu-lation, if they so request. However, the Community withdrawalcompensation shall be reduced by 10 %. In addition, the amount paidshall take account, on scrutiny of the evidence, of the overall with-
drawal costs borne by the members. The compensation may not be
granted on a volume greater than that share of the grower's marketedproduction corresponding to the percentages given in Article 23(3).
Article 25
Producer organizations and their associations shall notify full details
concerning the implementation of Articles 23 and 24, and in particularthe measures taken to ensure environmentally sound practice inconnection with withdrawals, to their competent national authorities,
which shall forward the information to the Commission.
The information to be notified shall be determined, as necessary, in
accordance withth e procedure laid down in Article 46.
Member States shall establish a national framework for drawing up the
general conditions relating to the withdrawal methods which respect
the environment. They shall submit their proposed framework to the
Commission which may request modifications within three months ifit finds that the proposal does not enable the aims set out in Article130r of the Treaty and in the Community programme of policy andaction in relation to the environment and sustainable development tobe attained.
Article 26
The Community withdrawal compensation shall be a single amount
valid throughout the Community.
Article 27
1. If the market in a product listed in Annex II is suffering or at risk
of suffering from widespread structural imbalances giving or liable to
give rise to too large a volume of the withdrawals referred to in Article
23, an intervention threshold shall be set before the beginning of themarketing year for that product in accordance with the procedure laiddown in Article 46 and the consequences of any overrun, assessed forthe product on the basis of withdrawals made during a marketing year
or an equivalent period or of the average of the volume of intervention
over several marketing years, shall be borne financially by the produ-cers.
An overrun of the intervention threshold shall give rise to a reduction
in the Community withdrawal compensation in the following marketing
year. This reduction shall not be carried over to subsequent marketing
years.
2. The following shall be determined in accordance with the proce-
dure laid down in Article 46:
(a) the implications for each product of an overrun of the threshold;1996R2200 — EN — 31.03.2002 — 003.001 — 20
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(b) where necessary, the reduced Community withdrawal compensation
and measures for the application of this Article.
3. This Article shall apply only during the first five marketing years
following entry into force of this Regulation.
Article 28
1. Member States shall notify the Commission for each marketing
day during each of the relevant marketing years of the prices recordedon their representative producer markets for certain products of definedcommercial characteristics such as variety or type, class, size andpackaging.
2. A list of these markets and products and the frequency with
which data is to be communicated shall be drawn up in accordancewithth e procedure laid down in Article 46.
Markets in Member States on which a substantial part of the national
output of a given product is marketed throughout the marketing year
or during one of the periods into which the year is divided shall beregarded as representative within the meaning of paragraph 1.
Article 29
1. Member States shall pay the Community withdrawal compensa-
tion fixed in Article 26 to producer organizations or their associationswhich have carried out withdrawals under the terms of Articles 23 and24 and are required to pay the compensation to their members or tonon-member growers.
Payments shall be made in a manner to be determined in accordance
withth e procedure laid down in Article 46.
2. The Community withdrawal compensation shall be paid without
prejudice to any financial implications resulting from overrun of an
intervention threshold.
The compensation shall, in addition, be reduced by the net receipts
earned by producer organizations and their associations from the
products withdrawn from the market.
3. Where producer organizations and their associations are unable to
direct products to one of the destinations referred to in Article 30 (1),the Community withdrawal compensation shall be granted only if theproducts have a destination in accordance with the instructions issued
by the Member State under the other provisions of Article 30.
Article 30
1. Products withdrawn from the market under Article 23 (1) which
remain unsold shall be disposed of as follows:
(a) all products:
— free distribution to charitable organizations and foundations,
approved to that effect by the Member States, for use in theiractivities to assist persons whose right to public assistance isrecognized in national law, in particular because they lack thenecessary means of subsistence,
— free distribution to penal institutions and to children's holiday
camps as well as to hospitals and old people's homes designatedby the Member States, which shall take all necessary steps toensure that the quantities thus distributed are additional to thequantities normally bought in by such establishments,
— free distribution outside the Community, through charitable
organizations approved to that effect by the Member States, to
the populations of third countries in need,
and, secondarily,
— use for non-food purposes,
— use in animal feed, either fresh or after processing by the
feedingstuffs industry;1996R2200 — EN — 31.03.2002 — 003.001 — 21
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(b) fruit: free distribution to school children, other than as part of the
meals served in school canteens, and to pupils in schools which donot have canteens providing meals,
(c) apples, pears, peaches and nectarines: processing into alcohol of a
strength of more than 80 % volume by direct distillation of theproduct,
(d) all products: disposal of certain classes of product to the processing
industry on condition that there is no resulting distortion of compe-
tition for the industries concerned within the Community or for
imported products. The implementation of this provision shall bedecided in accordance withth e procedure laid down in Article 46.
2. In cases where none of the destinations referred to in paragraph 1
is possible, products withdrawn may be destined for composting or forbiodegradation processes authorized by the Member State concerned.
3. The free distribution provided for in the first, second and third
indents of point (a) of paragraph1 and point (b) of paragraph1 sh allbe organized by the producer organizations concerned, under the super-
vision of the Member States.
However, with regard to the free distribution of fruit to school children,
the Commission may take the initiative of and responsibility for imple-
menting local pilot projects within the framework of research andpromotion measures.
4. Member States shall help to establish contacts between producer
organizations and charitable organizations and other bodies which maybe interested in using products withdrawn from the market within theirterritory, witha view to one of th e forms of free distribution referred to
in points (a) and (b) of paragraph1.
5. The disposal of products to the feedingstuffs industry shall be
carried out by the most appropriate procedure by an agency designated
by the Member State concerned.
The distillation referred to in point (c) of paragraph 1 shall be carried
out by distilleries either on their own account or on behalf of a bodydesignated by the Member State concerned. In both cases this bodyshall carry out the operations in question using the most appropriateprocedure.
6. The Community shall defray, on terms and conditions to be deter-
mined in accordance withth e procedure laid down in Article 46,transport, sorting and packaging costs in connection withfree distribu-
tion as provided for in paragraph1.
7. Detailed rules for the application of this Article, and in particular
those relating to free distribution and the disposal of products with-
drawn, and those designed to avoid disruption of the alcohol marketas a result of the distillation of products withdrawn, shall be adoptedin accordance withth e procedure laid down in Article 46.
TITLE V
Tradewiththirdcountries
Article 31
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 (2) may be subject to presentation of animport or export licence.
Licences shall be issued by Member States to any applicant, irrespec-
tive of his place of establishment in the Community and withoutprejudice to measures taken for the application of Articles 36 and 37.
Import and export licences shall be valid throughout the Community.
The issue of such licences may be subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of force majeure , the security1996R2200 — EN — 31.03.2002 — 003.001 — 22
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shall be forfeited in whole or in part if import or export is not carried
out, or is carried out only partially, within that period.
2. The term of validity of import and export licences and other
detailed rules for the application of this Article shall be adopted inaccordance withth e procedure laid down in Article 46.
Article 32
1. Save as otherwise provided for in this Regulation, the rates of
duty in the common customs tariff shall apply to the products listedin Article 1 (2).
2. Should application of the common customs tariff duty rate depend
on the entry price of the imported consignment, the veracity of thisprice shall be checked using a flat-rate import value calculated by theCommission, by product and by origin, on the basis of the weightedaverage of prices for the product on Member States' representativeimport markets or on other markets, where appropriate.
Specific provisions may, however, be adopted for verifying the entry
price of products imported primarily for processing, in accordance
withth e procedure laid down in Article 46.
3. Where the declared entry price of the consignment in question is
higher than the flat-rate import value, increased by a margin set in
accordance with paragraph 5 which may not exceed the flat-rate value
by more than 10 %, the lodging of a security equal to the import dutydetermined on the basis of the flat-rate import value shall be required.
4. If the entry price of the consignment in question is not declared at
the time of customs clearance, the common customs tariff duty rateapplied shall depend on the flat-rate import value or be arrived at byapplication of the relevant customs legislation provisions under condi-tions to be determined in accordance withparagraph5.
5. Detailed rules for the application of this Article shall be adopted
in accordance withth e procedure laid down in Article 46.
Article 33
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain products
listed in Article 1 (2), imports of one or more of suchproducts at th erate of duty laid down in the common customs tariff shall be subject topayment of an additional import duty if the conditions set out in Article5 of the Agreement on agriculture(
1) concluded in the framework of
the Uruguay Round of multilateral trade negotiations have been
fulfilled, unless the imports are unlikely to disturb the Community
market, or the effects would be disproportionate to the intended objec-tive.
2. The trigger prices below which an additional duty may be
imposed shall be those notified by the Community to the World TradeOrganization.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined in particular on the basis ofimports into the Community in the three years preceding the year inwhich the adverse effects referred to in paragraph 1 arise or are likelyto arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cifimport prices of the consignment concerned.
The cif import prices shall be verified for this purpose on the basis of
representative prices for the product in question on the world market oron the Community import market for the product.1996R2200 — EN — 31.03.2002 — 003.001 — 23
(1) OJ No L 336, 23. 12. 1994, p. 22.
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4. Detailed rules for the application of this Article shall be adopted
in accordance withth e procedure laid down in Article 46. Suchdetailed rules shall specify in particular:
(a) the products to which additional import duties may be applied
under Article 5 of the Agreement on agriculture referred to in para-graph1 of th is Article;
(b) the other criteria necessary for application of paragraph 1 in accor-
dance withArticle 5 of th e said Agreement on agriculture.
Article 34
1. Tariff quotas for the products listed in Article 1 (2) resulting from
agreements concluded within the framework of the Uruguay Round ofmultilateral trade negotiations shall be opened and administered inaccordance withdetailed rules adopted in accordance withth e proce-
dure laid down in Article 46.
2. Quotas may be administered by applying one of the following
methods or a combination thereof:
(a) a method based on the chronological order in which applications
are lodged (‘first come, first served’ basis);
(b) a method of allocating quotas in proportion to quantities requested
when applications are lodged (using the ‘simultaneous examina-tion’ method);
(c) a method based on taking traditional trade flows into account
(using the ‘traditional importers/new arrivals’ method).
Other appropriate methods may be adopted. They must avoid any
discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
take account of the supply needs of the Community market and theneed to safeguard the equilibrium of that market, whilst at the sametime drawing on methods applied in the past to quotas corresponding
to those referred to in paragraph 1, without prejudice to rights arising
from agreements concluded in the framework of the Uruguay Round oftrade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year, shall determine the
administrative method to be used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a), and
(c) the conditions under which import licences are issued and their
term of validity.
Article 35
1. To the extent necessary to enable economically significant quan-
tities of the products listed in Article 1 (2) to be exported on the basisof the prices of these products in international trade but within thelimits resulting from agreements concluded in accordance withArticle
228 of the Treaty, the difference between those prices and prices in the
Community may be covered by export refunds.
2. The method to be adopted for allocation of the quantities which
may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allows the most efficient possible use of theresources available and takes due account of the efficiency andstructure of Community exports, without, however, creating discri-mination between large and small operators;
(b) is least cumbersome administratively for operators, administration
requirements taken into account;1996R2200 — EN — 31.03.2002 — 003.001 — 24
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(c) avoids any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.
Where the international trade situation or the specific requirements of
certain markets make this necessary, the refund for a given productmay vary according to the destination of the product.
Refunds shall be fixed in accordance with the procedure laid down in
Article 46. Refunds shall be fixed periodically or by tender.
Refunds fixed periodically may, where necessary, be adjusted in the
interval by the Commission at the request of a Member State or on itsown initiative.
4. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and likely trends with regard to:
— prices and availability of fruit and vegetables on the Commu-
nity market,
— prices for fruit and vegetables in international trade;
(b) marketing costs and minimum transport charges from Community
markets to ports and other Community export points, andforwarding costs to the country of destination;
(c) the economic aspect of the proposed exports;
(d) the limits resulting from agreements concluded in accordance with
Article 228 of the Treaty.
5. The Community market prices referred to in paragraph 1 shall be
determined using the prices which are most favourable from the expor-
tation point of view.
The world market prices referred to in paragraph 1 shall be determined
using:
(a) prices recorded on third-country markets;
(b) the most favourable prices in third countries for imports from other
third countries;
(c) producer prices recorded in exporting third countries;
(d) free-at-Community-frontier offer prices.
6. Refunds shall be granted only on application and on presentation
of the relevant export licence.
7. The refund shall be that applicable on the day of application for
the licence and, in the case of a differentiated refund, that applicable onthe same day:
(a) for the destination indicated on the licence, or
(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceedthe amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be waived in the case of products listed
in Article 1 (2) on which refunds are paid under food-aid operations, in
accordance withth e procedure laid down in Article 46.
9. The refund shall be paid upon proof that the products:
— have been exported from the Community,
— are of Community origin, and— in the case of a differentiated refund, have reached the destination
indicated on the licence or another destination for which a refundwas fixed, without prejudice to point (b) of paragraph 7. Exceptionsmay be made to this rule in accordance with the procedure laid1996R2200 — EN — 31.03.2002 — 003.001 — 25
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down in Article 46, provided conditions are laid down which offer
equivalent guarantees.
10. Compliance withth e limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall beensured on the basis of the export licences issued for the reference
periods provided for therein and applicable to the products concerned.
With regard to compliance with the obligations arising under the agree-
ments concluded in the Uruguay Round trade negotiations, the ending
of a reference period shall not affect the validity of export licences.
11. Detailed rules for the application of this Article, including provi-
sions for the redistribution of unallocated or unused exportable
quantities, shall be adopted in accordance with the procedure laiddown in Article 46.
Article 36
1. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited when
importing the products listed in Article 1 (2) from third countries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
2. The general rules for the interpretation of the combined nomen-
clature and the special rules for its application shall apply to the
classification of products covered by this Regulation; the tariff nomen-
clature resulting from the application of this Regulation shall beincorporated in the common customs tariff.
Article 37
1. Appropriate measures may be taken when trading with third
countries if, by reason of imports or exports, the Community marketin one or more of the products listed in Article 1 (2) is affected by, or
is threatened with, serious disturbance likely to jeopardize achievement
of the objectives set out in Article 39 of the Treaty.
Such measures may be applied only until, depending on the case, the
disturbance or threat of disturbance has ceased or the quantities with-drawn or bought in have diminished appreciably.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty,shall adopt general rules for application of this paragraph and shalldefine in what cases and within what limits Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified of
these and they shall be immediately applicable. If the Commission
receives a request from a Member State, it shall take a decision thereonwithin three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to
the Council by any Member State within three working days of theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority confirm, amend or rescindthe measure in question.
4. This Article shall be applied having regard to the obligations
arising from international agreements concluded in accordance withArticle 228 (2) of the Treaty.1996R2200 — EN — 31.03.2002 — 003.001 — 26
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TITLE VI
NationalandCommunitychecks
Article 38
1. Member States shall take the necessary measures to ensure
compliance withCommunity rules in th e fruit and vegetable sector,
particularly in the fields referred to in Annex IV.
2. Where it is appropriate to carry out checks by sampling, Member
States shall ensure, by their nature and frequency and on the basis of
risk analysis, that the checks are appropriate to the measure concernedboth in terms of their territory as a whole and in terms of the volumeof fruit and vegetable sector products marketed or held with a view tomarketing.
The recipients of public funds must be systematically checked, without
prejudice to the implementation of systematic checks in other fields.
3. The Commission and the Member States shall ensure that the
competent authorities have a sufficient number of suitably qualifiedand experienced staff to carry out the checks effectively, particularlyin the fields referred to in Annex IV.
Article 39
1. Without prejudice to the checks carried out by the national autho-
rities pursuant to Article 38, the Commission may, in collaborationwith the competent authorities of the Member State concerned, carryout or ask a Member State to carry out on-the-spot checks in order toensure uniform application of Community rules in the fruit and vege-
table sector, particularly in the fields referred to in Annex IV.
2. The Commission shall inform the relevant Member State in
advance and in writing about the subject, purpose and location of the
checks it envisages, the date on which they are to commence and theidentity and status of its inspectors.
Article 40
1. In order to implement the provisions of Article 39, the Commis-
sion shall establish a special corps of inspectors in the fruit and
vegetable sector consisting of Commission officials withsuitable quali-
fications, technical knowledge and experience and possibly of staffappointed at the request of the Commission and with the agreement ofthe Member State concerned, from the staff referred to in Article 38 (3)to take part in specific enquiries.
2. The special corps of inspectors shall, under the Commission's
direction, discharge the following tasks:
(a) participate in the checks planned and carried out by the competent
authorities of the Member States;
(b) carry out the checks referred to in Article 39 at the Commission's
initiative, in which the officials of the Member State are invited to
participate;
(c) assess the national verification arrangements set up, the procedures
followed and the results obtained;
(d) ascertain the measures, legislative and otherwise, taken by the
competent authorities to improve compliance with Communityrules in the fruit and vegetable sector;
(e) develop collaboration and the exchange of information between the
competent bodies of the Member States in order to contribute to theuniform application of the rules in the fruit and vegetable sectorand facilitate free movement of the products of the sector.
3. With regard to the checks to be carried out under point (b) of
paragraph 2, the Commission shall, in good time before the start ofoperations, inform the competent authority of the Member State onwhose territory these operations are to take place.1996R2200 — EN — 31.03.2002 — 003.001 — 27
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4. The Commission shall itself determine the most appropriate
places for its checks to be carried out and shall, in collaboration withthe Member States concerned, establish the practical arrangements.
Article 41
1. The checks pursuant to Article 40 (2) (b) shall be carried out in
accordance withArticle 9 (2) of Regulation (EEC) No 729/70.
The Commission's inspectors shall, in the course of checks, adopt an
attitude compatible with the rules and professional practices which offi-cials of the Member State must follow. They shall observe professionalconfidentiality.
2. The Commission shall establish appropriate links with the compe-
tent authorities of the Member States in order to draw up control
programmes jointly. Member States shall collaborate with the Commis-
sion to facilitate its accomplishment of this task.
3. The Commission shall communicate the results of the visits made
by its inspectors to the competent authority of the Member Stateconcerned as soon as possible. That communication shall record anydifficulties encountered and infringements noted of the rules governingthe market in fruit and vegetables.
4. The Member State concerned shall inform the Commission as
soon as possible of the steps it has taken to put an end to the difficul-ties or infringements in question.
Article 42
Any irregularity which is noted during checks and may have a financial
effect on the Guarantee Section of the EAGGF shall be dealt with inaccordance withth e provisions of Regulation (EEC) No 595/91(
1).
The Member State on whose territory the irregularity was noted must
make the declaration provided for in Article 3 of this Regulation.
Any failure to comply in the application of Community rules by a
Member State which is noted during Commission checks and mayhave a financial effect on the Guarantee Section of the EAGGF shallbe dealt within accordance withth e provisions of Article 5 (2) (c) ofRegulation (EEC) No 729/70.
TITLE VII
General provisions
Article 43
Save as otherwise provided in this Regulation, Articles 92, 93 and 94
of the Treaty shall apply to the production of and trade in the products
referred to in Article 1 (2).
Article 44
1. Member States and the Commission shall communicate to each
other the information necessary for applying this Regulation. The datato be communicated shall be determined in accordance with the proce-dure laid down in Article 45. Rules for the communication anddistribution of suchinformation sh all be adopted in accordance with
the same procedure.
2. The data referred to in paragraph 1 shall include at least informa-
tion on cultivated areas and quantities harvested, marketed or not putup for sale under Article 23.1996R2200 — EN — 31.03.2002 — 003.001 — 28
(1) Council Regulation (EEC) No 595/91 of 4 March1991 concerning irregula-
rities and the recovery of sums wrongly paid in connection with the
financing of the common agricultural policy and the organization of an
information system in this field (OJ No L 67, 14. 3. 1991, p. 11).
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This information shall be collected by:
— producer organizations in the case of their members, without preju-
dice to Articles 11 and 19,
— the relevant services of the Member States in the case of producers
who do not belong to any of the collective structures provided for
in this Regulation. The Member State in question may entrust this
task in whole or in part to one or more producer organizations.
3. Member States shall take all measures necessary to ensure the
collection of the data referred to in paragraph 2, their accuracy, theirstatistical processing and their regular communication to the Commis-sion. They shall provide for penalties in cases of unjustified delays orsystematic negligence in the proper performance of the tasks in ques-
tion. They shall inform the Commission of those measures.
4. The Commission shall regularly communicate to the Member
States by the most appropriate means the data referred to in paragraph
1 and the conclusions which it draws from such data. The rules forapplication shall be adopted in accordance with the procedure laiddown in Article 46.
Article 46
1. The Commission shall be assisted by a committee, the Manage-
ment Committee for FreshFruit and Vegetables, h ereinafter referredto as the ‘committee’, composed of representatives of the MemberStates and chaired by the representative of the Commission.
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
3. The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.
4. The committee shall adopt its rules of procedure.
Article 47
The Committee may consider any other question referred to it by its
chairman either on his/her own initiative or at the request of the repre-sentative of a Member State.
Article 48
The detailed rules for the application of this Regulation, including
financial or non-financial administrative penalties, shall be adopted inthe light of the specific requirements of the sector in accordance withthe procedure laid down in Article 46.
Article 49
This Regulation shall be so applied that appropriate account is simulta-
neously taken of the objectives set out in Articles 39 and 110 of theTreaty.
Article 50
Member States shall take all appropriate measures to penalize infringe-
ments of the provisions of this Regulation and to forestall and bring toan end any fraud.
Article 51
The laws, regulations and administrative provisions adopted by
Member States for the application or in application of this Regulationshall be communicated to the Commission no later than one monthafter their adoption. The same shall apply to any modification of thesaid provisions.1996R2200 — EN — 31.03.2002 — 003.001 — 29
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Article 52
1. Expenditure relating to the payment of the Community with-
drawal compensation and to Community financing of the operationalfund, the specific measures referred to in Article 17 and Articles 53,54 and 55 and checks by experts of the Member States made available
to the Commission in application of Article 40(1) shall be deemed to
be intervention to stabilise agricultural markets within the meaning ofArticle 1(2)(b) of ►
C4Regulation (EC) No 1258/1999(1)◄.
2. Expenditure relating to the aid granted by the Member States in
accordance withArticle 14 and th e second subparagraphof Article15(6) shall be deemed to be intervention to stabilise agriculturalmarkets within the meaning of Article 1(2)(b) of ►
C4Regulation
(EC) No 1258/1999 ◄. It shall be eligible for part financing by the
Community.
3. The Commission shall, following the procedure laid down in
Article 46, adopt rules for the application of paragraph 2 of thisArticle.
4. The provisions of Title VI shall apply without prejudice to the
application of Council Regulation (EEC) No 4045/89 of 21 December1989 on scrutiny by Member States of transactions forming part of the
system of financing by the Guarantee Section of the European Agricul-
tural Guidance and Guarantee Fund and repealing Directive 77/435/EEC(
2).
Article 53
Any rights acquired by producer organizations before the entry into
force of this Regulation in application of Article 14 and Title IIa ofRegulation (EEC) No 1035/72 shall be maintained until exhausted.
Article 55
For hazelnuts harvested during the 2001/2002 marketing year, aid of
EUR 15/100 kg shall be granted to producer organisations, recognisedpursuant to Regulation (EEC) No 1035/72 or to this Regulation, which
implement a quality improvement plan within the meaning of Article
14d of Regulation (EEC) No 1035/72 or an operational programmewithin the meaning of Article 15, and do not benefit from the aidprovided for in Articles 1 and 2 of Regulation (EC) No 545/2002.
Article 56
By 31 December 2000 the Commission shall send the Council a report
on the operation of this Regulation, accompanied by any proposals thatmay be required.
Article 57
If measures are needed to facilitate the transition from the previous
arrangements to those established by this Regulation, such measuresshall be adopted in accordance with the procedure laid down in Article46.
Article 58
1. This Regulation shall enter into force on the day of its publication
in theOfficial Journal of the European Communities .1996R2200 — EN — 31.03.2002 — 003.001 — 30
(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 388, 30.12.1989, p. 17. Regulation as last amended by Regulation
(EC) No 3235/94 (OJ L 338, 28.12.1994, p. 16)▼B
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It shall apply from 1 January 1997. However, Title IV shall apply only,
for eachof th e ►C1products referred to in Annex II, ◄from the
beginning of the 1997/1998 marketing year.
2. Regulations (EEC) No 1035/72, (EEC) No 3285/83, (EEC) No
1319/85, (EEC) No 2240/88, (EEC) No 1121/89 and (EEC) No 1198/90 are hereby repealed as from the date of application of the corre-sponding provisions of this Regulation.
References to the repealed Regulations shall be understood as refer-
ences to this Regulation and are to be read in conjunction with thecorrelation tables in Annex VI.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1996R2200 — EN — 31.03.2002 — 003.001 — 31
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ANNEX I
Productswhicharetobesuppliedfreshtotheconsumerandaresubjectto
standards
Almonds
Apples and pears
Apricots
ArtichokesAsparagus
Aubergines
AvocadosBeansBrussels sprouts
Cabbage
CarrotsCauliflowers
Celery
CherriesCitrus fruitCourgettes
Cucumbers
GarlicHazelnuts
Kiwis
LeeksLettuce, curly and escarole chicoryMelons
Onions
Peaches and nectarinesPeas for shellingPlums
Spinach
StrawberriesSweet peppers
Table grapes
TomatoesWalnutsWater melons
Witloof chicory
►
M7Cultivated mushrooms ◄1996R2200 — EN — 31.03.2002 — 003.001 — 32
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ANNEX II
List of products eligible for Community withdrawal compensation under
Article23(3)
Cauliflowers
Tomatoes
Aubergines
ApricotsPeachesNectarines
Lemons
Pears (other than perry pears)Table grapesApples (other than cider apples)
Satsumas
MandarinsClementines
Oranges
MelonsWater melons1996R2200 — EN — 31.03.2002 — 003.001 — 33
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ANNEX III
Exhaustive list of rules applied by producer organizations that may be
extendedtonon-memberproducersArticle 18(1)
1.Rules on production information
(a) notification of growing intentions, by product and where appropriate
variety;
(b) notification of sowings and plantings;
(c) notification of total areas grown, by product and if possible variety;
(d) notification of anticipated tonnages and probable cropping dates by
product and if possible variety;
(e) periodic notification of quantities cropped and available stocks, by
variety;
(f) information on storage capacities.
2.Production rules
(a) choice of seed to be used according to intended destination (fresh
market/industrial processing);
(b) thinning in orchards.
3.Marketing rules
(a) specified dates for commencement of cropping, staggering of marketing;
(b) minimum quality and size requirements;
(c) preparation, presentation, packaging and marking at first marketing stage;
(d) indication of product origin.
4.Rules on the protection of the environment
(a) use of fertilizer and manure;
(b) use of plant-health products and other crop protection methods;
(c) maximum residue content in fruit and vegetables of plant-health products
and fertilizers;
(d) rules on disposal of by-products and used material;
(e) rules on destruction of products withdrawn from the market.
5.Withdrawals
— rules adopted under Article 23 in accordance withth e terms of Article 25.1996R2200 — EN — 31.03.2002 — 003.001 — 34
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ANNEX IV
Non-exhaustive list of matters that may be covered by national and
Communityinspection
Conformity withproduct standards (Articles 7 and 8)
Compliance withterms of recognition of producer organizations (Article 12)
Implementation of action plan (Article 13)
Implementation of recognition plan and utilization of aid (Article 14)Management of operational fund and implementation of operational programme
(in particular close scrutiny of use of public funds) (Article 15)
Compliance withterms governing th e extension of rules to non-producers
(Article 18)
Compliance withterms governing interbranchorganizations and agreements and
extension of rules (Articles 19, 20 and 21)
Withdrawal operations (Articles 23 et seq.)
Proper payment of Community withdrawal compensation (Article 29)Disposal of products withdrawn from market (Article 30)
Application of rules on trade withth ird countries (Articles 31 et seq.).1996R2200 — EN — 31.03.2002 — 003.001 — 35
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ANNEX V
Communitywithdrawalcompensation
(ECU/100 kg)
Marketing years 1997/1998 1998/1999 1999/2000 2000/2001 2001/2002As from
2002
Cauliflowers 9,34 8,88 8,41 7,94 7,48 7,01
Tomatoes 6,44 6,12 5,80 5,47 5,15 4,83
Apples 10,69 10,32 9,94 9,56 9,18 8,81
Grapes 10,69 10,15 9,62 9,08 8,55 8,02
Apricots 18,90 17,95 17,01 16,06 15,12 14,17
Nectarines 17,39 16,52 15,65 14,78 13,91 13,04
Peaches 14,65 13,92 13,18 12,45 11,72 10,99
Pears 10,18 9,82 9,46 9,10 8,75 8,39
Aubergines 5,29 5,02 4,76 4,49 4,23 3,97
Melons 4,00 4,00 4,00 4,00 4,00 4,00
Water melons 4,00 4,00 4,00 4,00 4,00 4,00
Oranges 14,33 14,26 14,20 14,13 14,07 14,00
Mandarins 16,15 15,52 14,89 14,26 13,63 13,00
Clementines 12,74 12,79 12,84 12,90 12,95 13,00
Satsumas 10,49 10,99 11,49 12,00 12,50 13,00
Lemons 13,37 13,30 13,22 13,15 13,07 13,001996R2200 — EN — 31.03.2002 — 003.001 — 36
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ANNEX VI
Correlationtable
Regulation (EEC) No 1035/75 This Regulation
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3
Article 4 —Article 5 Article 4
Article 6 Article 5
Article 7 Article 6
Article 8 Article 7
Articles 9 and 11 Article 8
Article 10 Article 10
Article 12 Article 9
Article 13 Article 11
Article 13a —
Article 13b —
Article 14 Article 14
Article 14a —
Article 14b —
Article 14c —
Article 14d —
Article 14e Article 54
Article 14f —
Article 14g —
Article 15 Article 23Article 15a —
Article 15b Article 18
Article 16 —
Article 16a —
Article 16b Article 27
Article 17 Article 28
Article 18 Article 29
Article 18a Article 24
Article 19 —
Article 19a —
Article 19b —
Article 19c —
Article 20 —
Article 21 Article 30
Article 22 Article 31
Article 23 Article 32
Article 24 Article 33
Article 25 Article 34
Article 26 Article 35
Article 27 Article 36
Article 31 Article 43Article 32 Article 451996R2200 — EN — 31.03.2002 — 003.001 — 37
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Regulation (EEC) No 1035/75 This Regulation
Article 33 Article 46
Article 34 Article 47
Article 35 —
Article 36 Article 52
Article 36a Article 52
Article 37 Article 49
Article 38 Article 44
Article 40 —
Article 41 Article 58
Article 42 Article 581996R2200 — EN — 31.03.2002 — 003.001 — 38