2003R1535 — EN — 01.01.2004 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1535/2003
of29August2003
laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid
schemeforproductsprocessedfromfruitandvegetables
(OJ L 218, 30.8.2003, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 386/2004 of 1 March2004 L 64 25 2.3.2004
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COMMISSIONREGULATION(EC)No1535/2003
of29August2003
laying down detailed rules for applying Council Regulation (EC)
No2201/96asregards theaidschemeforproductsprocessedfrom
fruitandvegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October
1996 on the common organisation of the markets in processed fruit and
vegetable products (1), as last amended by Commission Regulation
(EC) No 453/2002 (2), and in particular Article 1(3), Article 3(2),
Article 6, Article 6b(3), Article 6c(7), Article 25, Article 26 and Article27(1) thereof,
Whereas:
(1)Regulation (EC) No 2201/96 introduces aid to producer organi-
sations delivering tomatoes, peaches and pears for the productionof the products listed in Annex I to that Regulation and aid forthe production of prunes and figs. These products must beobtained from fruit and vegetables harvested in the Community.
(2)To simplify and clarify the system, some of the rules of applica-tion of the aid scheme should be amended in the light ofexperience gained. For the sake of clarity, Commission Regula-tion (EC) No 449/2001 of 2 March2001 laying down detailed
rules for applying Council Regulation (EC) No 2201/96 as
regards the aid scheme for products processed from fruit andvegetables (
3), as last amended by Regulation (EC) No 1426/
2002(4), should be repealed and replaced.
(3)To ensure that the scheme is applied uniformly, the productslisted in Article 6a(1) of Regulation (EC) No 2201/96 and inAnnex I thereto, the marketing years applicable to those productsand the delivery periods for the raw materials should be defined.
(4)Fruit in sugar syrup is produced in the European Union with atotal sugar content of less than 14º Brix. The proportion of sugarin products eligible for aid should be reduced. The definitionused should be based on the Codex Alimentarius Committeedefinition.
(5)The scheme must be able to operate with a sufficient number ofproducer organisations and, for the sake of consistency and byanalogy withCouncil Regulation (EC) No 2202/96 of 28October 1996 introducing a Community aid scheme for produ-
cers of certain citrus fruits (
5), as last amended by Commission
Regulation (EC) No 1933/2001 (6), the term ‘producer groups
provisionally authorised’ referred to in the first subparagraphsof Article 3(1) and Article 6a(2) of Council Regulation (EC)No 2201/96 must include producer groups which have been
granted preliminary recognition under Article 14 of Council
Regulation (EC) No 2200/96 of 28 October 1996 on the commonorganisation of the market in fruit and vegetables (
7), as last
amended by Commission Regulation (EC) No 47/2003 (8).
(6)The production aid scheme is based on contracts betweenproducer organisations recognised or granted preliminary recog-nition under Regulation (EC) No 2200/96 and processors.2003R1535 — EN — 01.01.2004 — 001.001 — 2
(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 72, 14.3.2002, p. 9.
(3) OJ L 64, 6.3.2001, p. 16.
(4) OJ L 206, 3.8.2002, p. 4.
(5) OJ L 297, 21.11.1996, p. 49.
(6) OJ L 262, 2.10.2001, p. 6.
(7) OJ L 297, 21.11.1996, p. 1.
(8) OJ L 7, 11.1.2003, p. 64.
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Producers and producer organisations may also act as processors
in certain circumstances. The types of contracts and the particu-lars to be included therein should be specified for the purposes
of applying the aid scheme.
(7)In order to improve the way the scheme operates, the competentauthorities should be aware of all producer organisations
marketing the production of their members, of members of otherproducer organisations and of individual producers wishing toqualify under the aid scheme. The competent authorities shouldalso be aware of the processors signing contracts with suchproducer organisations, and such processors should send the
authorities the information necessary to ensure that the scheme
operates correctly. Processors of tomatoes, peaches and pearsmust be approved before they may conclude contracts.
(8)Contracts must be concluded by a given date in the case oftomatoes, peaches and pears and before the beginning of eachmarketing year in the case of the other products. To ensure thatthe scheme is as effective as possible, the parties to suchcontracts should nevertheless be authorised to increase the quan-
tities originally stipulated therein up to a given limit by means of
amendments to the contracts.
(9)The number of aid applications to be submitted by producer
organisations and processors must be determined taking account
of the processing process. Applications for aid must include allthe information needed for checking eligibility. To compensatefor the obligations imposed on producer organisations, provisionshould be made for the aid to be paid in advance, on condition
that a security is lodged to ensure reimbursement if the require-
ments for receiving the advance payment are not complied with.
(10)In order to ensure that the aid scheme is properly applied,
producer organisations and processors must forward the neces-
sary information and keep up-to-date suitable documentationand should, in particular, specify the areas under tomatoes,peaches and pears, on the basis of Council Regulation (EEC)No 3508/92 of 27 November 1992 establishing an integratedadministration and control system for certain Community aid
schemes (
1), as last amended by Commission Regulation (EC)
No 495/2001 (2), and Commission Regulation (EC) No 2419/
2001 of 11 December 2001 laying down detailed rules forapplying the integrated administration and control system forcertain Community aid schemes established by Council Regula-
tion (EEC) No 3508/92 (
3), as last amended by Regulation (EC)
No 2550/2001 (4), for the purposes of all inspections and controls
deemed necessary.
(11)To meet the requirements of Regulation (EC) No 2201/96 andfor market reasons, processors should be allowed greater flex-ibility in the manufacture of mixtures of fruits and sauces madefrom raw materials for which aid is granted.
(12)For the purposes of administering the aid scheme, proceduresmust be laid down for physical and documentary checks ondelivery and processing operations, checks must cover a suffi-ciently representative number of aid applications and certain
penalties must be laid down for producer organisations and
processors who breach the rules, in particular by making falsedeclarations or failing to process products delivered.
(13)To ensure the quality and reliability of the checks made, theburden of compulsory checks on stocks should be reduced.Nevertheless, in the case of newly approved processing under-2003R1535 — EN — 01.01.2004 — 001.001 — 3
(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 72, 14.3.2001, p. 6.
(3) OJ L 327, 12.12.2001, p. 11.
(4) OJ L 341, 22.12.2001, p. 105.
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takings, there should be two checks in the first marketing year in
which they participate in the scheme.
(14)To ensure proper application of Article 5(2) of Regulation (EC)No 2201/96, the data used for calculating any overrun of theCommunity threshold for peaches, pears and tomatoes shouldbe clearly defined.
(15)To ensure that the system for calculating any overrun of the
Community threshold meets the requirements, provision should
be made for a transitional period based on the data on aid appli-cations for the 2003/2004 marketing year.
(16)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Products
Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
CHAPTER I
DEFINITIONSANDMARKETINGYEARS
Article 1
Definitions
1. For the purposes of this Regulation, the following definitions
shall apply:
(a) ‘producer organisations’ means producer groups as referred to in
Article 11 of Regulation (EC) No 2200/96 and producer groupsgranted preliminary recognition under Article 14 of that Regula-tion;
(b) ‘producer’ means any natural or legal person who is a member of a
producer organisation delivering their produce to that organisation
for the purposes of marketing it under the conditions laid down inRegulation (EC) No 2200/96;
(c) ‘individual producer’ means any natural or legal person not
belonging to a producer organisation and growing raw material on
their holding intended for processing;
(d) ‘processor’ means any natural or legal person operating, for
commercial purposes and on their own responsibility, one or moreplants withfacilities for manufacturing one or more of th e productslisted in Article 2(1) to (15) and, where applicable, approved inaccordance withArticle 5;
(e) ‘quantity’ means quantity expressed in net weight unless otherwise
indicated;
(f) ‘competent authorities’ means the body or bodies appointed by the
Member State to implement this Regulation.
2. For the purposes of this Regulation, any reference to producer
organisations as defined in paragraph1 sh all be also be construed as areference to associations of producer organisations as referred to inArticle 16(3) of Regulation (EC) No 2200/96 set up on the initiative
of and controlled by the producer organisations recognised under this
Regulation.
Article 2
Finishedproducts
‘Products listed in Article 6a(1) of and Annex I to Regulation (EC) No
2201/96’ means the following products:
1. peaches in syrup and/or in natural fruit juice: whole peaches or
pieces of peaches, without peel, having undergone a heat treatment,packed in hermetically sealed containers with a covering liquid ofsugar syrup or natural fruit juice and falling within CN codes2003R1535 — EN — 01.01.2004 — 001.001 — 4
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ex 2008 70 61, ex 2008 7069, ex 2008 70 71, ex 2008 7079,
ex 2008 70 92 ►M1and ex 200870 98 ◄;
2. pears in syrup and/or in natural fruit juice: pears of the Williams or
Rocha varieties, whole or in pieces, without peel, having under-
gone a heat treatment, packed in hermetically sealed containers
witha covering liquid of sugar syrup or natural fruit juice andfalling within CN codes ex 2008 40 51, ex 2008 4059,2008 4071, ex 2008 40 79 ►
M1and ex 2008 4090 ◄;
3. mixed fruit: mixtures of fruit, whole or in pieces, without peel,
having undergone a heat treatment, with a covering liquid of sugarsyrup or natural fruit juice, packed in hermetically sealed
containers in which the drained net weight of peaches and
Williams and Rocha pears accounts for at least 60 % of the totalnet drained weight, falling within CN codes ex 2008 92 andex 2008 99, and made directly from freshpeach es and/or Williamsand Rocha pears delivered during the periods indicated in Article3(2)(b) and (c);
4. prunes: prunes obtained from dried ‘d'Ente’ plums which have
been suitably treated or processed and are packed in appropriate
containers, falling within CN code ex 081320 00 and ready to beoffered for human consumption;
5. dried figs: dried figs, including fig paste, which have been suitably
treated or processed and are packed in appropriate containers,falling within CN code ex 080420 90 and ready to be offered forhuman consumption;
6. whole peeled quick-frozen tomatoes: peeled tomatoes of the oblong
varieties, frozen, packed in appropriate containers and falling
within CN code ex 0710 80 70, where not less than 90 % of the
net weight of the tomatoes consists of whole tomatoes not showingany damage which substantially alters their appearance. Thatpercentage shall be determined after the tomatoes have beenthawed;
7. non-whole peeled quick-frozen tomatoes: pieces of peeled tomatoes
of the oblong varieties, or round varieties which are as easy to peel
as the oblong varieties, frozen, packed in appropriate containers
and falling within CN code ex 0710 8070;
8. whole peeled preserved tomatoes: peeled tomatoes of the oblong
varieties, having undergone a heat treatment, packed in hermeti-cally sealed containers and falling within CN code ex 2002 1010,where not less than 65 % of the weight of the drained tomatoesconsists of whole tomatoes which do not show damage whichsubstantially alters their appearance;
9. non-whole peeled preserved tomatoes: peeled tomatoes in pieces or
partially crushed, of the oblong varieties, or round varieties which
are as easy to peel as the oblong varieties, having undergone a heattreatment, packed in hermetically sealed containers and fallingwithin CN code ex 2002 10 10. Where these products are to beused to make the products indicated at point 15, they shall bepacked in appropriate containers;
10. tomato flakes: flakes obtained by drying tomatoes cut into slivers
or small cubes, packed in appropriate containers and falling within
CN code ex 0712 90 30;
11. tomato juice: juice obtained directly from freshtomatoes and
strained free from skins, pips and other coarse parts, having a dry-matter content, where applicable after concentration, of less than12 %, packed in hermetically sealed containers and falling withinCN codes ex 2002 9011, ex 2002 90 19, 2009 5010 and2009 5090. Juice witha dry-matter content of at least 7 % may
however contain skin and pips constituting up to 4 % by weight
of the product. Where these products are to be used to make theproducts indicated at point 15, they shall be packed in appropriatecontainers;
12. tomato concentrate: the product obtained by concentrating tomato
juice, packed in appropriate containers, having a dry-matter contentof 12 % or more and falling within CN codes ex 2002 9031,2003R1535 — EN — 01.01.2004 — 001.001 — 5
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ex 2002 90 39, ex 2002 9091 and ex 2002 9099. Concentrate
having a dry-matter content of not more than 18 % or of between18 and 24 % may contain not more than 4 % or 7 %, respectively,
skin and pips by weight of product;
13. whole unpeeled preserved tomatoes: whole unpeeled tomatoes of
the oblong or round varieties, having undergone a heat treatment,packed in hermetically sealed containers, lightly brined (tomatoesin brine) or in tomato purée (tomatoes in purée or in juice), wherenot less than 65 % of the weight of the drained tomatoes consists
of whole tomatoes not showing any damage which substantially
alters their appearance, and falling within CN code ex 20 02 1090. Where these products are to be used to make the products indi-cated at point 15, they shall be packed in appropriate containers;
14. non-whole unpeeled preserved tomatoes: tomatoes in pieces or
partially crushed, of the oblong or round varieties, having been
slightly strained, whether or not slightly concentrated, packed in
hermetically sealed containers, with a dry-matter content ofbetween 4,5 % and 14 %, containing skin within the limits laiddown in Commission Regulation (EC) No 1764/86 (
1), and falling
within CN code ex 2002 10 90. Where these products are to be
used to make the products indicated at point 15, they shall be
packed in appropriate containers;
15. prepared sauces: tomato-based preparations obtained by mixing one
of the products referred to at points 9, 11, 12, 13 or 14 above withother products of plant or animal origin except fresh tomatoes,having undergone a heat treatment, packed in hermetically sealed
containers where the net weight of the products referred to at
points 9, 11, 12, 13 or 14 accounts for at least 60 % of the totalnet weight of the prepared sauce. These products must be madeduring the period indicated in Article 3(2) in the same establish-ment as the products used referred to at points 9, 11, 12, 13 or 14;
16. sugar syrup: a liquid in which water is combined with sugars and
which has a total sugar content determined after homogenisation of
not less than 10º Brix when used to cover fruits in syrup;
17. natural fruit juice: a covering liquid witha minimum of 9,5º Brix,
consisting solely of fermentable but unfermented juice extractedmechanically from fruit, or of juice obtained from concentratedfruit juice by the restoration of the proportion of water extractedduring concentration, as defined in Council Directive 2001/112/
EC (
2), without added sugar.
Article 3
Marketing yearsanddelivery periods
1. The marketing years referred to in Article 1(3) of Regulation
(EC) No 2201/96 of the products listed in Article 6a(1) of and theAnnex to that Regulation shall run:
(a) from 15 June to 14 June in the case of products processed from
tomatoes and products processed from peaches;
(b) from 15 July to 14 July in the case of products processed from
pears;
(c) from 1 August to 31 July in the case of dried figs;
(d) from 15 August to 14 August in the case of prunes.
2. Aid shall be granted solely on products delivered to the proces-
sing industry in the following delivery periods:
(a) tomatoes: between 15 June and 15 November;
(b) peaches: between 15 June and 25 October;
(c) pears: between 15 July and 15 December;2003R1535 — EN — 01.01.2004 — 001.001 — 6
(1) OJ L 153, 7.6.1986, p. 1.
(2) OJ L 10, 12.1.2002, p. 58.
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(d) dried figs: between 1 August and 15 June;
(e) prunes obtained from ‘d'Ente’ plums: between 15 August and 15
January.
3. The Commission shall publish the amount of the aid, set in accor-
dance withArticle 6(1) of Regulation (EC) No 2201/96, before th e
beginning of eachmarketing year and no later th an:
(a) 31 January for tomatoes;
(b) 31 May for peaches;
(c) 15 June for pears.
CHAPTER II
CONTRACTS
Article 4
Formofcontracts
1. Contracts as referred to in Articles 3 and 6a of Regulation (EC)
No 2201/96 (hereinafter referred to as contracts) shall be concluded in
writing. Contracts shall bear an identification number.
2. Contracts may take one of the following forms:
(a) a contract between a producer organisation or association of
producer organisations, and a processor;
(b) a commitment to supply, where the producer organisation also acts
as a processor.
Only one contract may be signed between a producer organisation and
a processor.
Article 5
Approvalofprocessorsoftomatoes,peachesandpears
1. In the case of tomatoes, peaches and pears, contracts may be
concluded only withapproved processors.
2. Processors of tomatoes, peaches and pears wishing to participate
in the aid scheme shall submit an application for approval to thecompetent authorities of the Member State before a date to be deter-
mined by the latter. Member States shall publish a list of approved
processors at least one monthbefore th e final date for signature ofcontracts eachyear.
3. Member States shall lay down the requirements for approval and
notify them to the Commission.
Article 6
Dateofsigningofcontracts
1. Each year, contracts shall be signed no later than:
(a) 15 February, in the case of tomatoes;
(b) 15 July, and seven working days before deliveries are to
commence, in the case of peaches;
(c) 31 July, and seven working days before deliveries are to
commence, in the case of pears;
(d) before the start of the marketing year, in the case of the other
products.
Member States may postpone the date fixed at (a) above until 10
March.
2. If the amount of the aid for tomatoes has not been published in
theOfficial Journal of the European Union by the date laid down in
Article 3(3)(a), the date fixed in paragraph 1(a) of this Article shall bepostponed until the 15th day following the date of actual publication.2003R1535 — EN — 01.01.2004 — 001.001 — 7
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3. If the minimum price to be paid to producers for prunes or dried
figs has not been published in the Official Journal of the European
Unionby 15 days before the date provided for in paragraph 1(d), that
date shall be postponed until the fifteenth day following the date of
actual publication.
Article 7
Contentofcontracts
1. Contracts must specify, in particular:
(a) the name and address of the producer organisation;
(b) the name and address of the processor;
(c) the quantities of raw materials to be delivered for processing;
(d) the obligation on processors to process the quantities delivered
under the contract concerned into one of the products listed inArticle 6a(1) of Regulation (EC) No 2201/96, which must meet
the standards laid down in accordance with Article 8 of that Regu-
lation;
(e) the price to be paid for the raw materials, which may vary by
variety and/or quality and/or delivery period;
(f) the compensation payable if either party fails to fulfil their contrac-
tual obligations, in particular as regards payment deadlines and theobligation to deliver and accept the quantities covered by thecontract.
In the case of tomatoes, peaches and pears, the contract shall also indi-
cate the delivery stage to which the price referred to in point (e)
applies and the payment terms. Any payment deadline may not exceed
two months from the end of the month of delivery of each consign-ment.
In the case of prunes and dried figs, contracts shall specify the
minimum price set by the Commission.
2. In the case of prunes and dried figs, the price referred to in para-
graph 1(e) of this Article and Article 9(3) shall not include, in
particular, costs connected withpacking, loading, transport, unloading
and the payment of taxes, which shall, where applicable, be indicatedseparately. The price shall not be lower than the minimum price laiddown under Article 6b of Regulation (EC) No 2201/96.
Article 8
Additionalnationalprovisions
Member States may adopt additional provisions covering contracts, in
particular as regards compensation payable by processors or producerorganisations that fail to fulfil their contractual obligations.
Article 9
Amendmentstocontracts
1. The parties may decide to increase the quantities originally stipu-
lated in a processing contract by means of a written amendment
thereto.
Such amendments shall show the identification number of the contract
to which they relate, and shall be signed no later than:
— 15 August for peaches,
— 15 September for tomatoes and pears,— 15 November for prunes obtained from ‘d'Ente’ plums and dried
figs.
2. The amendments referred to in paragraph 1 may increase the
quantity originally stipulated in the contract by no more than 30 %.
However, until the 2003/2004 marketing year, amendments to contracts
for unprocessed dried figs intended for the production of fig pastes may2003R1535 — EN — 01.01.2004 — 001.001 — 8
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be concluded no later than 31 May and may increase the quantities
originally stipulated in the contracts by no more than 100 %.
3. The price of the additional quantity laid down in the amendment
may differ from the price referred to in Article 7(e).
Article 10
Conclusionofcontractsinthecaseofacommitmenttosupply
In the case of a commitment to supply within the meaning of Article
4(2)(b), contracts covering the production of the members of the
producer organisation concerned shall be deemed to have been
concluded after the following particulars have been forwarded to thecompetent authorities:
(a) the name and address of each producer and the reference data and
areas of the parcels on which each producer cultivates the rawmaterials;
(b) the estimated total harvest;
(c) the quantity intended for processing;
(d) an undertaking by the producer organisation to process the quanti-
ties delivered under the contract in question.
This information must be sent before 31 May in the case of tomatoes
and within the time limit laid down in Article 11(3) in the case of the
other products.
Article 11
Transmissionofcontractstothecompetentauthorities
1. In the case of tomatoes, peaches and pears, producer organisa-
tions signing contracts shall forward a copy of each contract and anyamendments thereto to the competent authorities of the Member Statein which their head office is situated. Where applicable, they shall also
forward a copy to the competent authorities of the Member State in
which processing is to take place.
The total quantity covered by all the contracts signed by a given
producer organisation may not exceed, per product, the quantityintended for processing indicated by that producer organisation underArticle 10 and Article 12(1).
2. Processors of prunes and dried figs shall forward a copy of each
contract and any amendments thereto to the body designated by theMember State where processing takes place.
3. The copies referred to in paragraphs 1 and 2 must reach the
competent authorities no later than 10 working days after the conclu-sion of the contract or amendment thereto and not later than fiveworking days before the start of deliveries under the contract or amend-
ment.
4. In exceptional and duly justified cases, Member States may
accept contracts and amendments thereto that reach their competent
authorities after the time limit laid down in the first subparagraph,provided that such late arrival does not hinder their checks.
In the case of amendments to contracts for tomatoes, Member States
may authorise, for duly justified reasons, a time limit shorter than thefive days laid down in the first subparagraph, provided that this doesnot hinder effective checks on the production aid scheme.
Article 12
Forwardingofinformationtothecompetentauthorities
1. Producer organisations signing contracts for tomatoes, peaches or
pears shall forward the following information to the competent authori-
ties referred to in Article 11(1), broken down by product:
(a) the name and address of each producer covered by the contracts;2003R1535 — EN — 01.01.2004 — 001.001 — 9
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(b) the reference data and areas of the parcels on which each producer
cultivates the raw materials;
(c) the estimated total harvest;
(d) the quantity intended for processing;
(e) in the case of tomatoes, the average yields per hectare of round
and/or oblong tomatoes produced by the organisation during theprevious two marketing years.
Member States may choose to use exclusively the data available from
the application of Article 4 of Regulation (EC) No 2419/2001 as
regards the information referred to in point (b) of this paragraph,provided that this does not hinder effective checks on the aid scheme.
2. In the case of peaches and pears, the information referred to in
paragraph 1 shall be included in the notification referred to in Article
11(1).
In the case of tomatoes, the information required in paragraph 1 shall
be communicated by 31 May. After that date, Member States may, for
duly justified reasons, authorise the addition of agricultural parcels not
previously declared or changes to their intended use. Such additions orchanges shall be communicated in writing to the competent authoritiesby 30 June.
3. Where producer organisations as referred to in paragraph 1
market quantities intended for processing produced by members of
other producer organisations under the second and third indents ofArticle 11(1)(c)(3) of Regulation (EC) No 2200/96, those producerorganisations shall supply the information required in paragraph 1 ofthis Article to the producer organisation signing the contract.
Where producer organisations as referred to in paragraph 1 pass on the
benefit of the aid scheme to individual producers under Article 3(3)and Article 6a(2) of Regulation (EC) No 2201/96, those individualproducers shall supply the information required in paragraph 1 of thisArticle to the producer organisation signing the contract.
4. Producer organisations not signing contracts and individual
producers as referred to in paragraph 3 shall sign agreements with theproducer organisations as referred to in paragraph1.
Such agreements shall cover all production of the product concerned
delivered for processing by the said producer organisations and indivi-dual producers and must specify at least the following:
(a) the number of marketing years covered by the agreement;
(b) the quantities to be delivered for processing, broken down by
producer and by product;
(c) the consequences of failure to comply with the agreement.
A copy of the agreements shall be attached to the information to be
sent under Article 11(1).
Article 13
Identificationofparcels
In the case of tomatoes, for the purposes of Article 10 and Article
12(1) the parcel identification system shall be the one referred to inArticle 4 of Regulation (EEC) No 3508/92. Areas are to be declaredin hectares to two decimal places. Article 22 of Regulation (EEC) No2419/2001 shall apply for the purposes of determining the area of plots
during checks as provided for in Article 31 of this Regulation.
In the case of peaches and pears, the parcel references shall be the land
registry references or any other reference recognised as equivalent bythe inspection agency.2003R1535 — EN — 01.01.2004 — 001.001 — 10
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CHAPTER III
INFORMATIONTOBEPROVIDEDTOMEMBERSTATES
Article 14
Informationonparticipationintheaidscheme
Processors and producer organisations wishing to participate in the aid
scheme shall so inform the competent authorities of the Member States
by a date to be determined by those authorities, giving all the informa-
tion required by the Member State to administer and monitor the aidscheme. Member States may decide that such information shall:
(a) be notified by new participants only, where the competent authori-
ties already have the necessary information concerning otherparticipants;
(b) cover a single marketing year, several marketing years or an unlim-
ited period.
Article 15
Informationonthecommencement ofdeliveries orprocessing
1. At least five working days before the start of deliveries or proces-
sing eachmarketing year, producer organisations or processorsparticipating in the aid scheme shall notify the week in which contrac-tual deliveries or processing are to commence to the competent
authorities of the Member State in which their head office is situated
and, where applicable, the competent authorities of the Member Statein which processing is to take place. They shall be deemed to havedischarged this obligation where they provide proof that they haveforwarded this information at least eight working days before
commencement of contractual deliveries or processing.
2. In exceptional and duly justified cases, Member States may
accept notifications from producer organisations and processors afterthe time limit laid down in paragraph 1. However, in such cases, noaid shall be granted for quantities already delivered or in the courseof delivery unless the checks needed to establish eligibility for the aid
can be conducted to the satisfaction of the competent authorities.
Article 16
Informationonmixedfruitandpreparedsauces
Processors wishing to manufacture mixed fruit and prepared sauces as
referred to in Article 2(3) and (15) shall notify the composition of theproducts to be made, specifying the net weight of each ingredient to thecompetent authorities of the Member State before the beginning ofeach marketing year. This composition may not be altered after thebeginning of the marketing year. Any such change shall be notified in
advance, by a deadline to be laid down by the Member State in which
the processor's head office is situated, to the competent authorities ofthe Member State.
Article 17
Informationonquantitiesoftomatoes,peachesandpears
1. In the case of tomatoes, peaches and pears, no later than 1
February of each year processors shall notify the competent authoritiesof the following:
(a) the quantity of raw materials processed into the finished products
listed in Article 2, broken down by:
(i) quantities received under contract,
(ii) quantities received not covered by contracts;
(b) the quantity of finished products obtained from each of the quanti-
ties referred to in (a);2003R1535 — EN — 01.01.2004 — 001.001 — 11
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(c) the quantity of finished products in stock at the end of the previous
marketing year.
2. In the case of processed tomato products, the quantity of finished
products to be notified in accordance withparagraph1(b) and (c) sh allbe broken down into:
(a) tomato concentrate of a dry-matter content by weight of 28 % or
more but less than 30 %;
(b) whole peeled preserved tomatoes of the oblong varieties;
(c) other processed tomato products, shown separately.
The quantity of finished processed tomato products in stock referred to
in paragraph1(c) sh all also be broken down into products sold andproducts unsold.
The quantities of tomato juice and tomato concentrate added to
preserved tomatoes shall be included in the quantities of the tomatoes,
whether peeled or unpeeled.
3. The notifications under paragraphs 1 and 2 shall state separately
the quantities of products as referred to in Article 2(1), (2), (9), (11),(12), (13) and (14) used to manufacture the products referred to in (3)and (15) of that Article.
The notifications referred to in paragraph 1(b) of this Article shall state
separately the quantities of products as referred to in Article 2(3) and(15) obtained, broken down according to the products used as referredto in (1), (2), (9), (11), (12), (13) and (14) of that Article.
Article 18
Informationonquantitiesofprunesanddriedfigs
In the case of prunes and dried figs, no later than 15 May of each year
processors shall notify the competent authorities of the following:
(a) the quantity of raw materials used at 1 May;
(b) the quantity of finished products obtained from the raw materials
referred to in (a), broken down into products on which aid is paidand products on which aid is not paid and by quality class;
(c) the quantity of products as referred to in (a) and (b) above in stock
at 1 May.
CHAPTER IV
RAWMATERIALS
Article 19
Qualityofrawmaterials
Without prejudice to any minimum quality criteria laid down or to be
laid down in accordance withArticle 3(3)(a) of Regulation (EC) No2200/96, raw materials delivered to processors under contracts shallbe of sound and fair merchantable quality and suitable for processing.
Article 20
Delivery certificates
1. A delivery certificate shall be issued for each consignment of
tomatoes, peaches and pears delivered under contract and accepted forprocessing at the processing plant, specifying:
(a) the date and time of unloading;
(b) the precise identification of the means of transport used;
(c) the identification number of the contract to which the consignment
relates;
(d) the gross weight and net weight;2003R1535 — EN — 01.01.2004 — 001.001 — 12
▼B
(e) where applicable, the rate of reduction calculated in accordance
withArticle 2(3) of Regulation (EC) No 217/2002 (1).
Delivery certificates shall be signed by the processors or their represen-
tatives and by the producer organisations or their representatives. Eachcertificate shall bear an identification number.
2. Processors and producer organisations shall both keep a copy of
delivery certificates.
The producer organisation shall also forward a copy or written tele-
communication or e-mail containing the information referred to in the
paragraph 1, no later than the fifth working day following the week ofdelivery, to the competent authorities of the Member State where itshead office is situated and, where applicable, to the competent authori-ties of the Member State where processing is carried out, to facilitate
checks.
3. The documents required under national law may be used for the
purposes of this Article, provided they contain all the informationreferred to in paragraph1.
4. Where all or part of a consignment belongs to producers as
referred to in Article 12(3), the producer organisation shall forward a
copy of the certificate provided for in paragraph 1 of this Article to
eachproducer organisation and individual producer concerned.
Article 21
Notificationofdeliveries inanotherMember State
1. In the case of tomatoes, peaches and pears, where processing
takes place in a Member State other than the one in which production
has taken place, no later than twenty-four hours before the day of
delivery, the producer organisation shall notify each delivery to thecompetent authorities of the Member State where its head office is situ-ated and to the competent authorities of the Member State whereprocessing is carried out.
This notification shall include the quantity to be delivered, precise
identification of the means of transport used and the identificationnumber of the contract relating to the delivery in question. It shall besent electronically and the body to which it is addressed shall keep awritten record of it for at least three years.
The competent authorities may ask for any additional information they
consider necessary for a physical check on the deliveries.
If the data in the first subparagraph are amended after they have been
notified, the amended data must be notified in the same way as theinitial notification, before delivery commences. The initial notificationmay be amended only once.
2. Following a risk analysis of producer organisations and proces-
sors carried out by the Member State in which processing takes place,Member States may decide to exempt producer organisations from thenotification requirements under the first paragraph of this Article.
Member States may also, on the basis of that analysis, decide to require
less detailed information, provided that this does not hinder effective
checks on the aid scheme.
Article 22
Payments
1. The following payments for raw materials shall be made by bank
or postal transfer:
(a) payments by processors to producer organisations;2003R1535 — EN — 01.01.2004 — 001.001 — 13
(1) OJ L 35, 6.2.2002, p. 11.
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(b) payments by producer organisations to their members and to produ-
cers as referred to in Article 12(3);
(c) where the members of a producer organisation are themselves orga-
nisations withlegal personality made up of producers, payments by
suchlegal persons to producers.
However, in the cases referred to in Article 4(2)(b), payment may be
made by opening a credit line.
2. Member States shall lay down the terms and, where applicable,
the time limits for the payments referred to in paragraph 1(b) and (c)such that they are compatible with the requirements relating to checks,
in particular as regards Article 31(1)(b) and (c).
In the case of prunes and dried figs, payments shall cover the entire
amount of the payment as referred to in paragraph 1(a).
CHAPTER V
AIDAPPLICATIONSANDPAYMENTOFTHEAID
Article 23
Submissionofaidapplications
1. In the case of tomatoes, peaches and pears, producer organisa-
tions shall submit their aid applications to the competent authorities ofthe Member State in which their head office is situated, provided thatthat Member State has a processing threshold for the product concerned
as defined in Annex III to Regulation (EC) No 2201/96. Quantities
applied for shall count against the Member State's threshold.
Processors of prunes and dried figs shall submit aid applications to the
competent authorities of the Member State in which processing is
carried out.
2. In the case of tomatoes, peaches and pears, only one aid applica-
tion may be submitted per marketing year. Applications must reachth e
competent authorities no later than the following dates of the marketingyear concerned:
— 30 November for tomatoes. However, Member States may postpone
the date for lodging applications to 15 December,
— 31 January for peaches and pears.
Applications for advance payment of the aid may be submitted under
the conditions laid down in Article 25.
3. In the case of prunes, processors may submit three aid applica-
tions for eachmarketing year:
(a) the first for products processed up to 15 January,
(b) the second for products processed from 16 January to 30 April, and
(c) the third for products processed from 1 May to the end of the
marketing year concerned.
Aid applications as referred to in (a) and (b) shall be submitted within
30 days of expiry of the processing period concerned and applications
as referred to in (c) by 14 August of the marketing year in progress.
4. In the case of dried figs, processors may submit three aid applica-
tions for eachmarketing year:
(a) the first for products processed up to 30 November;
(b) the second for products processed from 1 December to the end of
February, and
(c) the third for products processed from 1 March to the end of the
marketing year concerned.
Aid applications as referred to in (a) and (b) shall be submitted within
30 days following expiry of the processing period concerned and appli-cations as referred to in (c) by 31 October of the following marketingyear.2003R1535 — EN — 01.01.2004 — 001.001 — 14
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5. If aid applications are submitted after the deadlines specified in
paragraphs 2, 3 and 4, the aid shall be reduced by 1 % per day of delayand no aid shall be granted if the application is more than 15 days late.
6. However, in exceptional and duly justified cases, Member States
may accept aid applications after those deadlines, provided that thisdoes not hinder effective checks on the production aid scheme. In thiscase, paragraph5 sh all not apply.
Article 24
Content of aid applications in the case of tomatoes, peaches and
pears
Aid applications for tomatoes, peaches and pears shall give at least the
following information for eachproduct:
(a) the name and address of the producer organisation;
(b) the quantity covered by the aid application, whereby that quantity,
broken down by contract, may not exceed the quantity accepted for
processing, after deduction of any reduction rates applied;
(c) the average selling price for the quantity delivered under contract;
(d) the quantity delivered during the same period otherwise than under
contract, and the average selling price.
Member States may lay down additional requirements as regards infor-
mation to be submitted withapplications.
Article 25
Advancepaymentofaidinthecaseoftomatoes,peachesandpears1. Member States may decide that applications for advance payment
of aid may be submitted by 30 September, covering the total quantityof tomatoes, peaches or pears delivered for processing up to 15
September.
2. Applications for advance payment of aid as referred to in para-
graph 1 shall include the information referred to in Article 24(a) and(b).
3. The competent authorities of the Member State shall pay the
amount due between 16 and 31 October, after checking the application
against, in particular, the delivery certificates referred to in Article 20.
4. The aid shall be paid in advance provided a security equal to
110 % of the aid is lodged.
Where it is found that the advance payment applied for exceeds the
amount due, an amount equal to double the excess shall be forfeit
from the security.
Without prejudice to the second subparagraph of this paragraph, the
security shall be released when the competent authority pays the aid,based on the application referred to in the first subparagraph of Article
23(2).
5. When an application for advance payment of the aid is submitted,
the quantities referred to in Article 24(b) and (d) shall be broken downinto two periods, namely up to 15 September and from 16 September.
Article 26
Contentofaidapplicationsinthecaseofprunesanddriedfigs
Aid applications for prunes and dried figs shall give at least the
following information for eachproduct:
(a) the name and address of the processor;
(b) the quantity of products covered by the aid application, broken
down by the different rates of aid applicable, together with thequantity of products not covered by the aid scheme obtained duringthe same period;2003R1535 — EN — 01.01.2004 — 001.001 — 15
▼B
(c) the quantity of raw materials used, by contract, to obtain each cate-
gory of products as referred to in (b);
(d) a declaration by the processor to the effect that the finished
products comply withth e quality standards laid down under Article8 of Regulation (EC) No 2201/96;
(e) copies of transfer orders as referred to in Article 22(1)(a). In the
case of commitments to supply, suchcopies may be replaced by a
declaration by the producer to the effect that the processor has
credited him with a price at least equal to the minimum price.Such copies or declarations shall quote the references of the rele-vant contracts.
Aid applications shall be admissible only if the minimum price has
been paid in full for all the raw materials used in the finished productcovered by the aid application.
Article 27
Paymentoftheaid
1. Aid for tomatoes, peaches and pears shall be paid by the compe-
tent authorities of the Member State in which the producer organisationsigning the contract has its head office, as soon as those authorities
have checked the aid application and established that the products
covered by that application have been delivered and accepted forprocessing, on the basis, in particular, of the checks provided for inArticle 31(1)(a).
Where processing takes place in another Member State, that Member
State shall provide the Member State where the producer organisation
signing the contract has its head office with proof that the product hasin fact been delivered and accepted for processing.
Within 15 working days following receipt of the aid, the producer
organisation shall pay in full the amounts received, by bank or postal
transfer, to its members and, where applicable, to producers as referredto in Article 12(3). In cases covered by Article 4(2)(b), payment maybe made by opening a credit line.
Where a producer organisation is wholly or partly made up of members
which are themselves organisations with legal personality made up ofproducers, payments as provided for in the third subparagraph shall bepaid on by those member organisations to the producers within 15working days.
2. Aid for prunes and dried figs shall be paid by the competent
authorities of the Member State in which the product is processed,once those authorities have established that the requirements for grantof the aid have been met.
Where processing takes place outside the Member State in which the
product has been grown, that Member State shall furnish proof to theMember State paying the aid that the minimum price payable to theproducer has been paid. Where the price is paid in the euro zone, proofof payment may be furnished by the processor by means of confirma-
tion of the bank transfer.
3. No aid shall be granted on quantities in respect of which the
necessary checks on entitlement to the aid have not been conducted.
4. The aid shall be paid to producer organisations and processors no
later than:
(a) 60 days after the date on which the application, including all the
information required under Articles 24 and 26 of this Regulation,is submitted, in the case of tomatoes, peaches, pears and dried figs;
(b) 90 days after the date on which the application is submitted, in the
case of prunes.2003R1535 — EN — 01.01.2004 — 001.001 — 16
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CHAPTER VI
CHECKSANDPENALTIES
Article 28
Nationalcontrolmeasures
1. Without prejudice to Title VI of Regulation (EC) No 2200/96,
Member States shall take the necessary steps to:
(a) ensure that this Regulation is complied with;
(b) prevent and prosecute irregularities and apply the penalties
provided for in this Regulation;
(c) recover sums lost as a result of irregularities or negligence;
(d) verify the records provided for in Articles 29 and 30, ensuring that
they tally with the accounting required of producer organisationsand processors under national law;
(e) carry out unannounced checks as referred to in Articles 31 and 32
during the appropriate periods;
(f) carry out checks on areas sown to tomatoes as referred to in Article
31(1) after sowing and before harvesting.
2. Member States shall programme their tally checks as referred to
in paragraph1(d) of th is Article, in Article 31(1)(a), (b) and (c), in
Article 31(2)(c), and in Article 32(1), on the basis of a risk analysis
that takes account, among other things, of:
(a) observations made during checks conducted in earlier years;
(b) developments since the year before;
(c) the raw material yield per homogeneous production zone;
(d) the relationship between the quantities delivered and the estimated
total harvest;
(e) the yield of the raw material in terms of finished product.
The risk analysis criteria shall be regularly updated.
3. Where irregularities or anomalies are found, Member States shall
increase the frequency and percentage of checks as referred to in Arti-cles 31 and 32 having regard to the seriousness of the findings.
Article 29
Recordsandinformationtobekeptbyproducerorganisations
1. Producer organisations shall keep records for each of the products
delivered for processing under Regulation (EC) No 2201/96, containingat least the following information:
(a) in the case of quantities delivered under contracts:
(i) the consignments delivered each day, and the identification
number of the contract to which they relate;
(ii) the quantity of each consignment delivered and, in the case of
tomatoes, peaches and pears, the quantity accepted for proces-sing, after deduction of any reduction, and the identification
number of the relevant delivery certificate;
(b) in the case of quantities delivered otherwise than under contract:
(i) the consignments delivered each day, and the identity of the
processor concerned;
(ii) the quantity of each consignment delivered and accepted for
processing.
(c) the quantities sold on the fresh market, those withdrawn from the
market and stocks of the products concerned.
2. Producer organisations shall keep available for the national
inspection authorities all the information needed for checking that thisRegulation is complied with.2003R1535 — EN — 01.01.2004 — 001.001 — 17
▼B
In the case of tomatoes, peaches and pears, that information must make
it possible to identify, for each producer, the link between the areas, thequantities delivered, the delivery certificates, and payment of the aid
and prices.
3. Member States may decide what form the records and informa-
tion referred to in paragraphs 1 and 2 shall take.
Member States may decide that the records referred to in paragraphs 1
and 2 are to be certified in the same way as records or accountingdocuments required under national law.
4. The records or accounting documents required under national law
may be used for the purposes of this Article, provided they contain all
the information referred to in paragraph 1.
Producer organisations shall submit to all inspections and checks
deemed necessary by the Member State and shall keep all additionalrecords required by the Member State for the purposes of the checksdeemed necessary.
Article 30
Recordsandinformationtobekeptbyprocessors
1. Processors shall keep records showing at least the following:
(a) in the case of quantities purchased under contract:
(i) the consignments purchased and accepted into the undertaking
for processing each day, and the identification number of the
contract to which they relate;
(ii) the quantity of each consignment accepted for processing and,
in the case of tomatoes, peaches and pears, the identificationnumber of the relevant delivery certificate;
(b) in the case of quantities purchased otherwise than under contract:
(i) the consignments received each day, and the name and address
of the seller;
(ii) the quantity of each consignment accepted for processing;
(c) the quantities of each of the finished products listed in Article 2
obtained eachday, withth e corresponding quantities of raw mate-rials, specifying the quantities obtained from consignmentsaccepted under contract;
(d) the quantities and price of each finished product purchased by the
processor each day, giving the name and address of the seller. Thisinformation may be recorded by reference to supporting docu-ments, provided the latter contain the abovementioned particulars;
(e) the quantities and price of each finished product leaving the proces-
sor's premises each day, giving the name and address of the
consignee. Suchinformation may be recorded by reference to
supporting documents, provided the latter contain the abovemen-tioned particulars.
In the case of prunes and dried figs, the information required in (c)
above shall specify separately the quantity of finished product on
which aid is payable.
2. Processors shall keep separate records for the products referred to
in Article 2(1), (2), (9), (11), (12), (13) and (14) used to manufacturemixed fruit and prepared sauces as referred to in Article 2(3) and (15),showing the following information, in addition to that provided for in
paragraph1(a), (b), (c) and (d) of th is Article:
(a) the quantities of mixed fruit and prepared sauces obtained each
day, broken down by product composition within the meaning ofArticle 16;
(b) the quantities and prices of the mixed fruit and prepared sauces
leaving the processor's premises, by consignment, with details ofthe consignee;2003R1535 — EN — 01.01.2004 — 001.001 — 18
▼B
(c) the quantities and prices of the products referred to in Article 2(1),
(2), (9), (11), (12), (13) and (14) purchased and entering the estab-lishment each day, with details of the seller.
3. Processors shall daily update their stock records for the products
referred to in paragraph1(c), (d) and (e) and paragraph2(a), (b) and (c)for eachfactory.
4. Processors shall keep proof of payment for all raw materials
purchased under contract and proof of payment for all sales andpurchases of finished products for five years as from the end of theprocessing year concerned.
5. Processors shall submit to all inspections and checks deemed
necessary by the Member States and shall keep all additional recordsrequired by them for the purposes of the checks deemed necessary.
6. Member States may decide what form the records referred to in
paragraphs 1 and 2 shall take.
Member States may decide that the records referred to in paragraphs 1
and 2 are to be certified in the same way as records or accounting
documents required under national law.
7. The records or accounting documents required under national law
may be used for the purposes of this Article, provided they contain all
the information referred to in paragraphs 1, 2 and 3.
Article 31
Checksontomatoes,peachesandpears
1. For eachproducer organisation delivering tomatoes, peach es and
pears for processing, the following checks shall be conducted for eachproduct and marketing year:
(a) physical checks on:
— at least 5 % of areas as referred to in Articles 10 and 12(1),
— at least 7 % of quantities delivered for processing, in order to
check that they tally with the certificates referred to in Article20 and comply withth e minimum quality requirements;
(b) administrative and accounting checks on at least 5 % of producers
covered by contracts, in order to check that the details for each
producer, in particular the areas, the total harvest, the quantity
marketed by the producer organisation, the quantity delivered forprocessing and the quantity indicated in the delivery certificates,are consistent withth e prices paid as provided for in Article 22(1)and the aid paid as provided for in Article 27(1);
(c) administrative and accounting checks to verify that the total quan-
tities of products delivered to the producer organisation by
producers as referred to in Article 12(1) and (3), the total quantities
delivered for processing, all the delivery certificates referred to inArticle 20 and the total quantities stated in the aid application tallywith the prices paid as provided for in Article 22(1) and the aidpaid as provided for in Article 27(1);
(d) administrative and accounting checks on at least 5 % of agreements
as referred to in Article 12(4);
(e) checks on all aid applications and supporting documents and, in the
case of tomatoes, crosschecks on all declared parcels.
2. For processors of tomatoes, peaches and pears, the following
checks shall be conducted for each factory, product and marketingyear:
(a) checks on at least 5 % of finished products to verify that the
applicable minimum quality standards have been complied with;
(b) physical and accounting checks on at least 5 % of finished products
to verify the yield of raw materials processed in terms of thefinished product obtained under contract and otherwise than undercontract;2003R1535 — EN — 01.01.2004 — 001.001 — 19
▼B
(c) administrative and accounting checks to verify, on the basis of the
invoices issued and received and on the basis of the accountingdata, that the quantity of finished product obtained from the raw
materials received and the quantities of finished products purchased
tally with the quantities of finished products sold;
(d) physical and accounting checks on all stocks of finished products at
least once each year, to ensure that they tally with the finishedproducts manufactured, purchased and sold;
(e) administrative and accounting checks on at least 10 % of payments
of the prices referred to in Article 22(1).
In the case of newly approved undertakings, the checks referred to in
(d) shall be conducted at least twice in the first year.
Article 32
Checksonprunesanddriedfigs
1. For eachproducer organisation delivering prunes and dried figs,
administrative and accounting checks shall be conducted on at least5 % of producers covered by contracts to verify that the followingtally:
(a) the raw materials delivered by each producer for processing; and
(b) the payments provided for in Article 22(1).
2. For each factory, finished product and marketing year, the
following checks shall be conducted:
(a) unannounced physical checks;
(b) administrative and accounting checks.
The unannounced physical checks shall be conducted on at least 5 % of
finished products eligible for production aid, to verify that they comply
with the minimum quality requirements applicable. Where the results
of analysis of official samples are at variance withth e particularsentered in processors' records, and indicate that the minimum Commu-nity quality requirements have not been met, no aid shall be paid forthe processing operations concerned.
The administrative and accounting checks shall be conducted in order
to verify:
(a) that the quantities of raw materials used for processing correspond
to those indicated in the aid application;
(b) that the price paid for the raw materials processed into products as
referred to in (a) is at least equal to the minimum price laid down;
(c) transfer orders as referred to in Article 22(1).
Article 33
Reduction in aid in the event of discrepancies between the aid
appliedforandtheamountdue
1. Where it is ascertained, for a given product, that the aid for a
product applied for in respect of any marketing year exceeds theamount due, then that amount shall be reduced, unless the difference
is clearly due to error. The reduction shall be equal to the difference.
If the aid has already been paid, the beneficiary shall pay back twicethe difference, plus interest calculated on the time elapsing betweenpayment and reimbursement by the beneficiary.
The interest rate shall be that applied by the European Central Bank to
its main refinancing operations, as published in the ‘C’ series of theOfficial Journal of the European Union , in force on the date of the
undue payment, plus three percentage points.
2. If the difference referred to in paragraph 1 is more than 20 %, the
beneficiary shall lose entitlement to the aid and, if the aid has alreadybeen paid, reimburse the total aid, plus interest calculated in accor-dance withparagraph1.2003R1535 — EN — 01.01.2004 — 001.001 — 20
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If the difference is more than 30 %, the producer organisation or
processor shall also forfeit any entitlement to aid for the productconcerned for the following three marketing years.
3. Amounts recovered and interest under paragraphs 1 and 2 shall be
paid to the competent paying agency and deducted from expenditure
financed by the European Agricultural Guidance and Guarantee Fund.
Article 34
Reductioninaidresultingfromchecksonareas
1. In the case of tomatoes, if the area checks referred to in Article
31(1)(a) and (e) reveal that the area declared is larger than that actually
determined, at the level of the total area checked, the aid payable to theproducer organisation shall be reduced, unless the difference is clearlydue to error:
(a) by the percentage of the discrepancy established, if it is more than
5 % but no more than 20 % of the area determined,
(b) by 30 % if the discrepancy is more than 20 % of the area deter-
mined.
Where the area declared is less than the area actually determined, and
the discrepancy is more than 10 % of the area determined, the aidpayable to the producer organisation shall be reduced by half thepercentage of the discrepancy established.
2. The reductions provided for in paragraph 1 shall not apply where
the producer organisation has submitted factually correct information or
can show otherwise that it is not at fault.
The reductions provided for in paragraph 1 shall not apply to data
which the producer organisation or its members inform the competent
authority in writing are incorrect or have become incorrect since theinformation referred to in Article 12(1) was sent, provided that theproducer organisation or its members were not informed of the compe-tent authority's intention to carry out an on-the-spot check and that it
was not informed by the competent authority of any irregularity found.
3. Where a producer organisation commits a repeated infringement,
the Member State shall withdraw that organisation's recognition, or
preliminary recognition in the case of a producer group granted preli-minary recognition.
Article 35
Penalties in the event of discrepancies between quantities accepted
forprocessingandquantitiesactuallyprocessed
1. Except in cases of force majeure , where it is found that the full
quantity of tomatoes, peaches or pears accepted for processing undercontract has not been processed into one of the products listed inArticle 6a(1) of and Annex I to Regulation (EC) No 2201/96, the
processor shall pay the competent authorities an amount equal to twice
the unit amount of the aid multiplied by the quantity of the raw mate-rial concerned which has not been processed, plus interest calculated inaccordance withArticle 33(1).
In addition, except in cases duly justified to the satisfaction of the
Member State, the processor's approval as provided for in Article 5shall be suspended:
(a) for the marketing year following the finding, if the difference found
between the quantity accepted for processing and the quantity actu-
ally processed is more than 10 % but no more than 20 % of the
quantity accepted for processing;
(b) for two marketing years following the finding, if the difference is
more than 20 %.
For the purposes of applying the first and second subparagraphs, any
quantities of raw materials used in the manufacture of finished products2003R1535 — EN — 01.01.2004 — 001.001 — 21
▼B
not complying withth e minimum quality requirements, in excess of an
8 % tolerance, shall be treated as quantities not processed.
2. Where the conditions for applying paragraph 1 are met, Member
States shall provide that approval as referred to in Article 5 is to bewithdrawn from processors in the following cases:
(a) where the producer organisation makes false declarations with the
collaboration of the processor,
(b) where the processor fails to pay the price referred to in Article
7(1)(e),
(c) where the processor fails to pay the penalties provided for in the
first subparagraphof paragraph1.
The Member State shall decide on the length of time for which the
processor may not submit a new application for approval having regard
to the seriousness of the case.
3. Amounts recovered and interest under paragraphs 1 and 2 shall be
paid to the competent paying agency and deducted from expenditurefinanced by the European Agricultural Guidance and Guarantee Fund.
Article 36
Examinationofcompliancewithprocessingthresholds
In the case of tomatoes, peaches and pears, compliance with the
Community and national processing thresholds as referred to in Article5(1) of Regulation (EC) No 2201/96 shall be established in all Member
States concerned on the basis of the quantities for which aid is granted
during the last three marketing years for which definitive data areavailable.
In the case of proven or suspected irregularities and where administra-
tive or criminal enquiries have been launched to establish whether aid
applications were justified, the disputed quantities shall not be taken
into account for examining compliance with the thresholds.
Article 37
Nationalpenalties
Member States shall take appropriate measures to ensure that both
prices and aid are paid in accordance withArticles 22 and 27 respec-tively. They shall provide in particular for penalties to be imposed onthe officers of the producer organisation commensurate with theseriousness of any irregularity.
Article 38
AdministrativecooperationbetweenMember States
Member States shall take appropriate measures to establish reciprocal
administrative cooperation to ensure that this Regulation is properlyapplied.
CHAPTER VII
NOTIFICATIONTOTHECOMMISSION
Article 39
Notification
1. Before th e beginning of eachmarketing year, eachMember State
concerned shall notify to the Commission if it has had recourse to
Article 5(4) of Regulation (EC) No 2201/96 and the quantities of eachof the sub-thresholds concerned.
2. No later than 15 April in the case of tomatoes and peaches, no
later than 15 May in the case of pears and no later than 1 June in the2003R1535 — EN — 01.01.2004 — 001.001 — 22
▼B
case of prunes and dried figs, each Member State shall provide the
Commission withth e following information:
(a) the quantity of raw materials for which aid has been granted,
including the quantity of raw materials processed in anotherMember State, where applicable divided into sub-thresholds;
(b) the quantity of finished products referred to in Article 2(1) to (15),
broken down by quantities covered by contracts and quantities notcovered by contracts in the case of tomatoes, peaches and pears,and by quantities covered by aid applications and quantities not
covered by aid applications in the case of prunes and dried figs;
(c) the quantity of raw materials used to manufacture each of the
products referred to in (b), including the quantity of raw materials
processed in another Member State;
(d) the quantity of products as referred to in (a) in stock at the end of
the previous marketing year in the case of products processed from
tomatoes, peaches and pears, broken down, in the case of tomatoes,into products sold and products unsold;
(e) the quantity in stock at 1 May in the case of prunes and dried figs;
(f) in the case of tomatoes:
— the total area in hectares planted during the marketing year,
— the average yield, expressed in tonnes per hectare, for the
marketing year,
— the area and yield, broken down into oblong varieties and round
varieties,
— the average soluble dry-matter content of the tomatoes used to
make tomato concentrate;
(g) the total quantity made of each of the products referred to in
Article 2(3) and (15), broken down according to the productsreferred to in (1), (2), (9), (11), (12), (13) and (14) of that Article
used to make them.
The information referred to under points (b), (c) and (d) shall include
the quantities of the products referred to in Article 2(1), (2), (9), (11),(12), (13) and (14) used to make products as referred to in (3) and (15)
of that Article.
3. No later than 30 September, each Member State shall send the
Commission a report on the checks made during the marketing year inprogress, specifying the number of checks and the results, broken downby type of finding.
4. Each Member State shall notify the Commission of the quantities
of tomatoes covered by contracts, no later than 60 days after the finaldate for the signing of contracts.
CHAPTER VIII
TRANSITIONALANDFINALPROVISIONS
Article 40
Examinationofcompliancewithprocessingthresholdsforthe2004/
2005marketingyear
In the case of tomatoes, and for the purposes of setting the aid for the
2004/2005 marketing year, compliance withth e Community andnational processing thresholds shall be established on the basis of thedata for the 2001/2002 and 2002/2003 marketing years and the quanti-
ties covered by aid applications during the 2003/2004 marketing year.
Each Member State shall inform the Commission, no later than 10
December 2003, of the total quantity of tomatoes covered by aid appli-cations, broken down, where applicable, by sub-threshold.2003R1535 — EN — 01.01.2004 — 001.001 — 23
▼B
Article 41
Repeal
Regulation (EC) No 449/2001 is hereby repealed. Nevertheless, Article
12(2) thereof shall continue to apply for the 2003/2004 marketing year.
References to the repealed Regulation shall be construed as references
to this Regulation.
Article 42
Entryintoforce
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Union .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2003R1535 — EN — 01.01.2004 — 001.001 — 24