1992R2252 — EN — 15.06.1993 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
aB COMMISSIONREGULATION(EEC)No2252/92
of30July1992
laying down detailed rules for applying the special scheme for raspberries intended for proces-
sing
(OJ L 219, 4.8.1992, p. 19)
Amended by:
Official Journal
No page date
aM1Commission Regulation (EEC) No 839/93 of 7 April 1993 L 88 18 8.4.1993
aM2Commission Regulation (EEC) No 1248/93 of 24 May 1993 L 127 8 25.5.1993
aM3Commission Regulation (EEC) No 1445/93 of 11 June 1993 L 142 27 12.6.1993
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COMMISSIONREGULATION(EEC)No2252/92
of30July1992
laying down detailed rules for applying the special scheme for
raspberriesintendedforprocessing
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1991/92 of 13 July
1992 establishing a special scheme for raspberries intended for proces-
sing(
1), and in particular Article 8 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the united of account and the conversion rates tobe applied for the purposs of the common agricultural policy(
2), as
last amended by Regulation (EEC) No 2205/90(3), and in particular
Article 5 (3) thereof,
Whereas Regulation (EEC) No 1991/92 includes specific provisions to
remedy the deficiencies in the production and marketing of raspberriesintended for processing; whereas the aid provided for is paid to speci-fically recognized producers' organizations which have submitted a
programme to improve the competitiveness of the sector approved by
the competent national authority;
Whereas it should be recalled that this specific recognition is not con-
ditional on previous recognition pursuant to Article 13 of CouncilRegulation (EEC) No 1035/72 of 18 May 1992 on the common orga-
nization of the market in fruit and vegetables(
4), as last amended by
Regulation (EEC) No 1754/92(5); whereas recognition is granted inde-
pendently of the latter provided that the particular conditions laiddown for granting it are observed;
Whereas the conditions for recognition must include reasonable assur-
ances that the producers' organizations in receipt of Community aidwill, through the extent and duration of their activities and throughtheirmodus operandi , contribute to the desired improvement in the
conditions under which the products in question are produced andmarketed; whereas, to ensure minimum stability in the producers'
organizations, they must of necessity include in their statutes specific
clauses guaranteeing producers control over the decisions and func-tioning of the organization and clauses laying down penalties forinfringing the rules agreed;
Whereas the marketed quantities should be determined for the pay-
ment of the flat-rate aid to recognized producers' organizations which
have presented a programme to improve the competitiveness of thesector, approved by the competent national authority; whereas unfa-vourable weather conditions in the production region during the rele-vant marketing year for calculating the aid may introduce very notice-
able distortions in the application of the aid scheme; whereas provi-
sion should be made to calculate the aid in such cases on the basis ofthe quantities marketed in the marketing year following the yearnoticeably affected by the aforementioned wheather conditions;
Whereas the various measures, which may include individual or joint
measures provided for under the programme to improve the comepti-
tiveness of the sector producing raspberries for processing, should bedetermined; whereas, although if falls to the national authorities toapprove the programmes, collaboration and administrative cooperationwith the Commission for the purpose of guaranteeing the aims of theregulations should allow the Commission to request, where necessary,
(1) OJ No L 199, 18. 7. 1992, p. 1.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
(4) OJ No L 118, 20. 5. 1972, p. 1.
(5) OJ No L 180, 1. 7. 1992, p. 23.
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amendments to the draft programme or even reject the granting of
both national and Community financial assistance;
Whereas specific rules should be drawn up for the approval of joint
measures in the programmes of producers' organizations located inthe same production zone and, even more importantly, for theapproval of transnational measures;
Whereas certain general and financial provisions should be laid down
for aid financed by the European Agricultrual Guidance and GuaranteeFund, Guarantee Section, subject to the conditions laid down in Regu-
lation (EEC) No 1991/92; whereas it should be recalled that Commu-
nity aid may only be paid in any event to the Member State after orat the vbery most at the same time that the national contribution ispaid out, subsequent to appropriate checks;
Whereas the maximum amount of aid per hectare, fixed for measures
relating to cultural and/or varietyl improvement of production, shouldbe converted into the national currency concerned at the agriculturalconversion rate applicable on the first day of each marketing year, in
accordance with the provisions of Regulation (EEC) No 1676/85;
Whereas implementation of the various specific measures in question
involves a compelling obligation on the beneficiary producers' organi-zation to submit full and detailed information, at determined intervals,
to the authority appointed by Member State so as to allow the said
authority to monitor the fulfilment of the committments entered intoby the producers' organization;
Whereas the obligation on the aid beneficiary to provide information
cannot in itself guarantee that the measures are well administered;whereas it is therefore necessary to specify the documentary checksand-on-the spot inspections which the national authority must carryout, depending on the type of financial assistance provided for in the
said Regulation;
Whereas the most serious failures to comply with the obligations laid
down in Regulation (EEC) No 1991/92 or in this Regulation must be
appropriately penalized;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Fruit andVegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Producers's organizations engaged in the production and marketing of
raspberries intended for processing
— which have received specific recognition in accordance with Title
I,
— and which have submitted a programme to improve the competi-
tiveness of the sector producing raspberries for processing inaccordance with Title II which has been approved by the MemberState concerned,
shall qualify for the specific measures provided for in Regulation
(EEC) No 1991/92, subject to the rules laid down in this Regulation.
TITLE I
Specific recognition of producers' organizations for raspberries
intendedforprocessing
Article 2
Member States shall grant specific recognition under Regulation
(EEC) No 1991/92 to producers' organizations and groups of produ-cers (hereinafter referred to as ‘producers’ organizations') engaged inthe production and marketing of raspberries intended for processing:
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— which have been set up at the instigation of the producers them-
selves with a view to achieving, in the sector producing raspberriesfor processing, the objectives referred to in Article 13 (1) (a) of
Regulation (EEC) No 1035/72,
— which require their members to meet the obligations listed in this
Article,
— which make available to their members technical facilities for pre-
sales operations, particularly the packaging and, where applicable,
the storage of the products concerned,
— whose statutes:
(a) make it compulsory for producers to have all their production
of raspberries for processing sold by the producers' organiza-tion;
(b) include provisions designed to ensure that producers have con-
trol over the organization anf the decisions which it takes;
(c) lay down penalties for any infringement of the organization's
rules by producers belonging thereto;
(d) make it compulsory for producers:
— to belong to the producers' organization for a period of at
least three years,
— to give at least 12 months' advance notice of their depar-
ture therefrom;
(e) include provisions concerning the fees to be paid by their
members,
— which provide evidence of a sufficient level of economic activity,
in accordance with Article 2 (1) of Regulation (EEC) No 1991/92,
— which keep separate accounts for their activities relating to rasp-
berries for processing.
Article 3
1. Producers' organizations shall submit their application for speci-
fic recognition under Regulation (EEC) No 1991/92 to the competentauthority designated by the Member State not later than 12 monthsafter entry into force of the said Regulation.
2. Applications for recognition shall be accompanied by the articles
of incorporation and the particulars listed in Annex I.
3. The competent authority shall check the accuracy of the particu-
lars supplied by scrutiny of the documents and by on-the-spot inspec-tions. In doubtful cases the competent authority shall carry out anyappropriate checks to ensure compliance with the conditions set downin Article 2.'
4. Specific recognition shall be granted within three months of lod-
ging the application. However, if additional enquiries are necessary,
the three-month time limit may be extended to six months.
5. Each year, before 1 December, producers' organizations shall
forward to the competent authority an updated version of the particu-lars listed in Annex I.
Article 4
The competent authority shall make periodic checks, and at least
every three years, to ensure that the producers' organizations recog-nized in accordance with Article 3 are operating in the correct manner
and that they are observing the conditions laid down for their recogni-
tion.
The competent authority shall withdraw specific recognition if it finds
that:
— the obligations on which recognition is conditional have not been
met,
— the particulars referred to in Article 3 (5) have not been supplied.
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Article 5
Each year, by 31 January, the Member States concerned shall forward
to the Commission:
— a list of the producers' organizations for raspberries for processing
which have received specific recognition under Regulation (EEC)No 1991/92,
— for each producers' organization, the form shown in Annex I, duly
completed.
Article 6
For the purposes of granting the flat-rate aid to recognized producers'
organizations as provided for in Article 2 (2) of Regulation (EEC) No1991/92, the volume of produce marketed means the quantity actuallysold for processing during the first marketing year following the dateof specific recognition. Where poor weather conditions in the produc-
tion region result in a reduction of more than 20 % in the harvest of
the producers' organization, the quantity marketed shall be that actu-ally sold for processing during the second marketing year followingthe date of specific recognition.
TITLE II
The programme to improve the competitiveness of the sector pro-
ducingraspberriesforprocessing
Article 7
1. The measures referred to in Article 5 (1) of Regulation (EEC)
No 1991/92 shall include, as appropriate, the following measures:
(a) mechanization of the harvest:
purchase and depreciation of raspberry harvesting machinery;
(b) adaptation of existing plantations with a view to cultural and/or
varietal improvement:
— the grubbing of canes, followed by the planting of new canes,
— varietal conversion, with a view to quantitative and/or qualita-
tive geneticimprovement,
— the improvement of cultivation techniques regarding the man-
agement and spacing of plantations;
(c) technical advice:
— the provision to members of technical assistance to prepare for
the mechanization of harvesting, to improve crop managementand to coordinate all measures relating to production.
2. The measures referred to in Article 5 (2) of Regulation (EEC)
No 1991/92 shall include, as appropriate, the following measures:
(a) the scientific preparation and dissemination of measures to over-
come weaknesses in production structures:
— the use of new varieties with higher yields and/or of a quality
better tailoired to the requirements of users and more suited toprocessing,
— the preparation of new methods for controlling certain dis-
eases.
These measures shall be submitted and implemented in direct
cooperation with institutes and/or bodies which are competent in
this field;
(b) the development of new products and/or new uses for processed
products:
— market surveys,
— the search for new outlets,
— commercial studies concerning the design of packaging and
presentation,
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— the development of new products, from conception to market-
ing,
— cost-benefit analysis of new conservation techniques.
These measures shall be submitted and implemented in direct
cooperation with processors or processors' organizations;
(c) a survey on the development potential of the market for fresh
raspberry products:
— an analysis of the market outlook for fresh produce and the
feasibility, for the production areas in view of their access tothe market, to redirect part of their production away from theprocessing industry and onto the market for fresh produce.
Article 8
1. Producers' organizations shall submit their draft programmes for
approval by the competent authority designated by the Member State,in the form shown in Annex II and together with all the supportingdocuments.
Implementation of the programme must not commence until the latter
has been approved by the competent national authority. The grubbingup of plants followed by replanting may, however, commence before
approval is granted where authorized by the competent national
authority and without prejudice to the application of the other provi-sions of this Article.
2. The competent authority shall take a decision on the draft pro-
gramme within five months of receiving it. Requests for changes asreferred to in paragraph 3 (b) shall result in an interruption of thatperiod.
The competent authority shall:
— use all appropriate means, including on-the-spot inspections, to
check the accuracy of the information provided on the production
of raspberries for processing by the members of the producers'
organization at the time when the programme is submitted,
— check that the programme takes the form shown in Annex II and
complies with the objectives of this Title,
— verify the economic consistency and technical validity of the draft
programme, the validity of the estimates and the financing planand the timetable for implementation.
Before the end of the third month following receipt of the draft pro-
grammes, the competent authority shall forward to the Commissionthose which may, in its opinion, be approved under Article 6 of Regu-lation (EEC) No 1991/92, together with a general assessment of theircompliance with the criteria referred to in the third indent of the sec-
ond subparagraph.
Within 40 days of receiving such communication, the Commission
shall, if necessary, request the competent authority to reject pro-grammes or have them modified.
3. The competent authority shall:
(a) either approve programmes if they meet the requirements of Regu-
lation (EEC) No 1991/92 and of this Title;
(b) or request changes to drafts, either on its own initiative or at the
Commission's request. Draft programmes may not be approveduntil they incorporate the changes requested;
(c) or reject programmes, either on its own initiative or at the Com-
mission's request;
(d) at the end of a minimum period of two years from the date the
programme is approved, the measures may be revised according tothe same procedure as used for the initial approval.b
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The programme may be revised only twice at the most and in any
event with account being taken of the outcome of the checksreferred to in paragraph 5 below.
4. (a) Approval of programmes relating also to measures to be sub-
mitted and implemented jointly by producers' organizations
whose members are from one or more production areas shall,
where necessary, be subject to approval of the joint section inthe programmes of the other producers' organizations con-cerned.
(b) A production area shall cover the entire national territory of a
Member State.
(c) In the case of transnational joint measures, the competent
authorities of the Member States concerned shall collaborateclosely when approving the plans.
5. During the implementation of each programme, the competent
authority shall make periodic checks, by means of the reports whichare to be sent to it each year by the producers' organizations con-cerned and by means of on-the-spot inspections, on the progress beingmade with the implementation of the approved programme, on
whether the work done complies with the technical and financial
requirements, and on the accuracy of the supporting documents sub-mitted.
At least two on-the-spot inspections shall be conducted on each pro-
gramme in the course of implementation.
Article 9
Each year, by 31 January, the competent authority shall forward to the
Commission a report on the progress made in the implementation ofthe approved programmes and on the outcome of the inspections car-
ried out and shall provide the Commission with all relevant informa-
tion should any difficulties arise in the course of implementationwhich could jeopardize fulfilment of the undertakings given by theproducers' organizations.
TITLE III
Generalandfinancialprovisions
Article 10
1. 70 % of the provisional amount of the flat-rate aid to recognized
producers' organizations which have submitted a programme toimprove the competitiveness of the sector producing raspberries for
processing approved by the competent national authorities shall be
paid by the national authorities to producers' organizations not laterthan two months after the programme is approved.
2. The provisional amount shall be determined, where necessary,
on the basis of the quantity marketed by each producers' organizationas shown in the application for recognition.
3. The definitive amount of the aid shall be fixed and the balance
of that amount shall be paid not later than one month following thecommunication by the producers' organization to the competentnational authority of the quantity marketed during the first marketing
year following its recognition.
Article 11
1. To obtain Community aid for their programme to improve the
competitiveness of the sector producing raspberries for processing, theproducers' organizations qualifying therefor shall submit an aid appli-cation to the competent national authority at the end of each half ofthe marketing year.b
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2. Aid applications shall be submitted in accordance with Annex III
within the two months following the end of each half of the marketingyear, and must be accompanied by the invoices and all other equiva-
lent documents relating to the work done.
3. Financing of expenditure incurred for measures implemented
jointly by several producers' organizations shall be shared amongthose organizations and be equal to the expenditure incurred duringeach half year in question.
4. Where applications are submitted after the abovementioned time
limit has expired, aid shall be reduced by 5 %.
Article 12
The competent authorities of the Member States, having checked the
aid applications and the documentary evidence produced in supportthereof, shall pay, within the three months following the lodgment ofthe application for aid, the aid granted by the Member State and theCommunity in accordance with Article 6 (3) of Regulation (EEC) No
1991/92.
Article 14
1. Should any aid have been paid in error, Member States shall
recover the amounts paid, plus the interest thereon from the datewhen the aid was paid until the date when it is recovered. The rate ofinterest to be applied shall be that in force for similar recovery opera-
tions under national law.
Member States shall recover all aid pursuant to Regulation (EEC) No
1991/92 to producers' organizations which cease their activities beforethe end of the third year following the date of specific recognitionreferred to in Title I of this Regulation, or from which specific recog-nition has been withdrawn pursuant to Article 4.
2. Aid recovered shall be paid to the disbursing agency or depart-
ments and deducted by the latter from expenditure financed by the
European Agricultural Guidance and Guarantee Fund Guarantee Sec-tion in proportion to the Community financing.
3. The financial consequences arising from inability to recover
sums paid shall be borne by the Commission in proportion to theCommunity financing.
Article 15
Member States shall take the necessary steps to penalize any serious
failure to fulfil the undertakings given or the obligations contracted
under Regulation (EEC) No 1991/92 and this Regulation.
Article 16
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.b
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ANNEX I
DATASHEETFORPRODUCERS'ORGANIZATIONS

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ANNEX II
Description of the programme to improve the competitiveness of the sector
producingraspberriesforprocessing
A. Definition of the geographical area concerned
1. Individual measures
2. Joint measures
B. Description of the initial situation as regards:
1. Production:
— number of holdings, area farmed, yield per hectare, volume of pro-
duction harvested and importance thereof in relation to national pro-
duction,
— status of plantations (age, density, size, presence of other fruit trees,
etc.),
— technical infrastructure available to the holdings.
2. Technical assistance.
3. Marketing:
Brief description of existing facilities, equipment and capacity.
4. Problems preventing normal continuation of production.
C. Production potential: objectives and prospective outlets
D. Objectives pursued by the programme.
1. Description of the objectives to be attained through the programme.
2. Description of the objectives of each measure.
2.1. Individual measures2.1.1. mechanization of the harvest
2.1.2. restructuring and conversion of plantations: replanting2.1.3. technical assistance
2.2. Joint measures
2.2.1. Scientific preparation and dissemination of measuresd to overcome
weaknesses in structures
— geneticimprovement
— adopotion of new varieties— acquisition of certified material— disease control— preservation of product quality after harvesting— tailoring the quality of the product of the needs of the processing
industry.
2.2.2. Development of new products and/or new outlets:
— development of new products and
— improvement of how existing products are marketed.
2.2.3. Market study on the outlook for development of the market for fresh
produce.
E. Joint measures, information on:
1. the producers' organizations taking part in joint measures under the pro-
gramme;
2. institutes and/or bodies taking part in scientific preparation and dissemi-
nation measures;
3. processors and/or groups of processors taking part in measures to
develop new products or outlets.
F. Necessary investments:
1. Overall cost of the programme, broken down by measure;
2. Provisional cost, broken down by year of implementation.
G. Foreseeable period of implementation and annual timetable, over a period
not exceeding eight years.
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ANNEX III
AIDAPPLICATIONPROVIDEDFORINARTICLE11

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