1992R2075 — EN — 28.03.1999 — 008.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 2075/92
of 30 June 1992
on the common organization of the market in raw tobacco
(OJ L 215, 30.7.1992, p. 70)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 711/95 of 27 March 1995 L 73 13 1.4.1995
►M2Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
►M3Council Regulation (EC) No 415/96 of 4 March 1996 L 59 3 8.3.1996
►M4Council Regulation (EC) No 2444/96 of 17 December 1996 L 333 4 21.12.1996
►M5Council Regulation (EC) No 2595/97 of 18 December 1997 L 351 11 23.12.1997
►M6Council Regulation (EC) No 1636/98 of 20 July 1998 L 210 23 28.7.1998
►M7Council Regulation (EC) No 1336/2000 of 19 June 2000 L 154 2 27.6.2000
►M8Council Regulation (EC) No 660/1999 of 22 March 1999 L 83 10 27.3.1999
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCIL REGULATION (EEC)No 2075/92
of 30 June 1992
on the common organization of the market in raw tobacco
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the operation and development of the common market for
agricultural products must be accompanied by the establishment of a
common agricultural policy to include in particular a commonorganization of markets which may take various forms depending onthe product;
Whereas it is the purpose of the common agricultural policy to achieve
the objectives of Article 39 of the Treaty, and, in particular in the rawtobacco sector, the stabilization of markets and a fair standard of livingfor the agricultural population concerned; whereas these objectives maybe achieved by adapting resources to requirements, in particular by
means of a quality policy;
Whereas the present situation on the tobacco market, on which supply
does not correspond to demand, calls for a substantial overhaul of theCommunity arrangements which have governed the market hitherto,
while ensuring the continuation of tobacco growing by the traditional
producers; whereas such an overhaul requires simplification of themarket management mechanisms, limitation of production in line withthe requirements of the market and the demands of the budget, andstronger means of control to ensure that the management mechanismsfully achieve the objectives of the common market organization;
Whereas tobacco varieties can be classified in groups according to
cultivation technique and production costs, taking account of thedescriptions used in international trade;
Whereas competition on the tobacco market calls for some support of
traditional tobacco producers; whereas such support should be based ona premium system allowing the disposal of tobacco in the Community;
Whereas the premium system can be managed efficiently by means of
cultivation contracts between growers and first processors whichguarantee stable outlets to the growers and regular supplies to theprocessor; whereas payment of a sum equivalent to the premium by theprocessor to the producer at the time of delivery of the tobacco covered
by the contract, subject to compliance with the quality requirements,
provides support for the growers while facilitating management of thepremium system;
Whereas, in order to limit Community tobacco production and to
discourage the production of varieties which are not readily disposed of,
a maximum global guarantee threshold should be laid down for theCommunity and divided annually into specific guarantee thresholds forthe respective groups of varieties;
Whereas, to ensure that the guarantee thresholds are observed, a
processing quotasystem must be instituted for alimited period; wherea sfor a transitional period the Member States must allocate, within theguarantee thresholds, processing quotas to the firms concerned, theCommunity rules laid down for the purpose being applied to ensure fairallocation on the basis of quantities processed in the past, but1992R2075 — EN — 28.03.1999 — 008.001 — 2
(1) OJ No C 295, 14. 11. 1991, p. 10.
(2) OJ No C 94, 13. 4. 1992.
(3) OJ No C 98, 21. 4. 1992, p. 18.
▼B
disregarding any abnormal production levels; whereas the necessary
measures will be taken to permit the quotas to be allocated to theproducers subsequently, under satisfactory conditions; whereas Member
States possessing the necessary data to allocate quotas to producers on
the basis of past performance, should be authorized to do so;
Whereas first processors must not conclude cultivation contracts for
quantities exceeding the quotas allocated; whereas reimbursement of thepremium must be limited to an amount corresponding to the quota;
Whereas provision should be made initially for the premium and
production limitation systems to run until 1997 so that they can bereviewed in the light of experience and possibly adapted for thesubsequent period;
Whereas measures to orientate production can help to stabilize the
tobacco market and improve the quality of production; whereas specific
aid will enable producer groups to contribute towards the improvementof the organization and orientation of production; whereas a researchprograme financed with the proceeds of a deduction from the premiumwill enable tobacco growing to be brought more closely into line withCommunity requirements as regards public health; whereas, lastly, a
conversion programme for growers of Mavra, Tsebelia, Forchheimer
Havanna IIc and hybrids of Geudertheimer tobacco is necessary becauseof the importance of these varieties for the economy of certainCommunity regions;
Whereas the establishment of a single market requires a single system of
trade at the external frontiers;
Whereas quantitative restrictions at the Community's external frontiers
can be dispensed with; whereas, however, should exceptional circum-stances arise, in order not to leave the Community market withoutprotection against any disturbance, the Community should be able totake all the necessary measures without delay;
Whereas unforeseen market circumstances may necessitate the adoption
by the Commission of exceptional market support measures;
Whereas the achievement of a single market would be jeopardized by
the grant of certain aids; whereas the Treaty provisions governing theappraisal of aids granted by Member States and the prohibition of aids
incompatible with the common market should be applied to the tobacco
sector;
Whereas, in accordance with Council Regulation (EEC) No 729/70 of 21
April 1970 on the financing of the common agricultural policy(
1), the
Community should bear financial responsibility for expenditure incurredby Member States pursuant to this Regulation;
Whereas experience shows that more stringent controls in the tobacco
sector are essential, whereas in appropriate cases certain powers ofcontrol could be assigned to an independent supervisory agency to dealwith the specific requirements of the tobacco market;
Whereas the common organization of the tobacco market must take
account, simultaneously and appropriately, of the objectives laid down
in Article 39 and 110 of the Treaty;
Whereas the transition from the arrangements instituted by Council
Regulation (EEC) No 727/70 of 21 April 1970 on the commonorganization of the market in raw tobacco(
2), to the arrangements
provided for herein must take place in the best possible conditions;
whereas transitional measures may prove necessary to ensure this;
whereas the new arrangements should not become fully applicable untilthe 1993 harvest,1992R2075 — EN — 28.03.1999 — 008.001 — 3
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation
(EEC) No 2048/88 (OJ No L 185, 15. 7. 1988, p. 1).
(2) OJ No L 94, 28. 4. 1970, p. 1. Regulation as last amended by Regulation
(EEC) No 860/92 (OJ No L 91, 7. 4. 1992, p. 1).
▼B
HAS ADOPTED THIS REGULATION:
Article 1
The common organization of the market in raw tobacco shall comprise
rules on:
— apremium system,
— measures to orientate and limit production,
— arrangements for trade with third countries.
The common organization shall cover raw or unmanufactured tobacco
and tobacco refuse falling within CN heading 2401.
Article 2
Raw tobacco varieties shall be classified in the following groups:
(a) flue-cured:
tobacco dried in ovens with controlled air circulation, temperature
and humidity;
(b) light air-cured:
tobacco dried in the air under cover, not left to ferment;
(c) dark air-cured:
tobacco dried in the air under cover, left to ferment naturally before
being marketed;
(d) sun-cured:
tobacco dried in the sun;
(e) fire-cured:
tobacco dried by fire;
(f) Basma (sun-cured);
(g) Katerini (sun-cured);
(h) Kaba-Koulak (classic) and similar (sun-cured).
The varieties in each group are listed in the Annex.
TITLE I
Premium system
Article 3
1. From the 1999 harvest onwards, a premium scheme shall apply to
tobacco, its amount being set for all the tobacco varieties shown in eachof the different groups.
2. A supplementary amount shall, however, be granted on flue-cured,
light air-cured and dark air-cured tobaccos grown in Austria, Belgium,
France and Germany. That amount shall be equal to 65 % of the
difference between the premium applicable to the 1998 harvest and thepremium applicable to the 1992 harvest for those tobaccos.
3. The purpose of the premium shall be to supplement the incomes of
producers whose products correspond to market requirements and to
facilitate the disposal of tobacco produced in the Community.
Article 4
1. In accordance with the procedure laid down in Article 43 (2) of the
Treaty, the Council shall fix the amount of the premium and the
supplementary amounts for each tobacco harvest, taking particularaccount of past and foreseeable possibilities for the disposal of thevarious types of tobacco, under normal conditions of competition, on theCommunity and world markets.1992R2075 — EN — 28.03.1999 — 008.001 — 4
▼M6
▼M8
▼B
▼B
2. The amount of the premium shall be fixed:
(a) per kilogram of leaf tobacco not having undergone first processing
and market preparation;
(b) for each group of raw tobacco.
Article 4a
1. The premium shall comprise a fixed part, a variable part and a
specific aid.
2. The variable part of the premium shall account for 30 % to 45 % of
the total premium. It shall be introduced in stages up to the 2001 harvest.It may be adjusted within that specified range, according to variety
group and Member State.
3. The fixed part of the premium shall be paid either to producer
groups for distribution to the members of the group or to individual
producers who are not members of a group.
4. The variable part shall be paid to producer groups for distribution
to each member in proportion to the purchase price paid by the firstprocessor for his crop.
5. Specific aid, not exceeding 2 % of the total premium, shall be paid
to producer groups.
Article 5
Granting of the premium shall be subject in particular to the following
conditions:
(a) the tobacco must come from a production area specified for the
variety concerned;
(b) quality requirements must be fulfilled;
(c) the leaf tobacco must be delivered by the producer to the premises of
the first processor under a cultivation contract.
Article 6
1. Cultivation contracts shall be concluded between first processors
of tobacco and producer groups or individual producers who are notmembers of agroup.
2. For the purposes of this Regulation:
— the term ‘producer’ shall mean individual producers who are not
members of a group, individual producers who are members of a
group, or producer groups, all of whom deliver their crop of rawtobacco to a first processor under a cultivation contract,
— a ‘first processor’ shall mean any approved natural or legal person
who carries out first processing of raw tobacco by operation, in hisown name and on his own account, of one or more first tobacco-processing establishments suitably equipped for that purpose,
— ‘first processing’ shall mean the processing of raw tobacco delivered
by a producer into a stable, storable product put up in uniform balesof a quality meeting final user (manufacturer) requirements.
3. The cultivation contract shall include:
— a commitment by the first processor to pay the producer the purchase
price according to quality grade,
— acommitment by the producer to deliver to the first processor the
raw tobacco meeting the quality requirements specified in thecontract.1992R2075 — EN — 28.03.1999 — 008.001 — 5
▼M6
▼B
▼M6
▼M6
4. The Member State's competent body shall, on submission of proof
of delivery of the tobacco and of payment of the price as referred to inthe first indent of paragraph 3, pay:
— the fixed part of the premium to the producer group or to the
individua l producer not amember of agroup,
— the variable part of the premium and the specific aid to the producer
group.
However, on a transitional basis and for a period not exceeding two
harvests, the premium may be paid through the intermediary of the first
processor.
5. The Member State may, if its structures make it appropriate, apply
a cultivation contract auction scheme covering all contracts referred to
in paragraph 1 that were concluded before the date on which delivery ofthe tobacco commences.
Article 7
Rules for the application of this Title shall be adopted in accordance
with the procedure laid down in Article 23.
Their scope shall include:
— delimitation of production zones for each variety,
— quality requirements for tobacco delivered,— other details of the cultivation contract and the closing date for its
conclusion,
— any requirement of a security to be lodged by producers applying for
an advance, and the terms of its provision and release,
— determination of the variable part of the premium,— specific premium terms for cultivation contracts concluded with
producer groups,
— action to be taken if the producer or first processor fails to meet his
obligations,
— the cultivation-contract auction scheme, including the option for the
first purchaser to match any offers.
TITLE II
System of production limitation
Article 8
A maximum overall guarantee threshold of 350 600 tonnes of raw leaf
tobacco per harvest shall be set for the Community.
Within that quantity the Council shall set individual guarantee
thresholds for each variety group for three consecutive harvests, in
accordance with the procedure laid down in Article 43(2) of the Treaty.
Article 9
1. To ensure observance of the guarantee thresholds, production
quotas shall be imposed.
2. The Council, acting in accordance with the procedure laid down in
Article 43(2) of the Treaty, shall allocate the quantity available for eachvariety group between producer Member States for three consecutive
harvests.
3. On the basis of the quantities set pursuant to paragraph 2 and
without prejudice to paragraphs 4 and 5, Member States shall assign
production quotas to individual producers who are not members of aproducer group and to producer groups, in proportion to the averagequantity of tobacco of the particular variety group delivered forprocessing by each individual producer over the three years precedingthat of the most recent harvest.1992R2075 — EN — 28.03.1999 — 008.001 — 6
▼B
▼M6
▼M6
4.►M7Before the final date for the conclusion of cultivation
contracts, Member States may be authorised to transfer parts of theirguarantee threshold allocations to other variety groups. ◄
Subject to the third subparagraph, a one-tonne reduction in the allocation
for one variety group shall give rise to an increase of at most one tonnein the allocation for the other variety group.
No transfer of parts of guarantee threshold allocations from one variety
group to another may give rise to additional costs to the EAGGF.
The quantities authorised for transfer shall be determined in accordance
with the procedure laid down in Article 23.
5. National quota reserves shall be set up, the rules of operation of
which shall be adopted in accordance with the procedure laid down in
Article 23.
Article 10
1. No premium may be granted on any quantity in excess of a
producer's quota.
2. Notwithstanding paragraph 1, a producer may deliver excess
production of up to 10 % of his quota for each variety group, this surplus
being eligible for the premium granted on the following harvest,provided that he reduces his production for that harvest accordingly sothat the combined quota for the two harvests is observed.
3. Member States shall keep accurate data on the production of all
individual producers so that, where appropriate, production quotas can
be assigned to them.
4. Production quotas may be transferred between individual produ-
cers in the same Member State.
Article 11
Rules for the application of this Title shall be adopted in accordance
with the procedure laid down in Article 23.
TITLE III
Measures to convert production
Article 12
The specific aid referred to in Article 4a shall be paid to producer groups
for the purposes of improving respect for the environment, boostingproduction quality, strengthening management and ensuring compliance
with Community rules within the group.
Article 13
1. A Community Tobacco Fund financed by a deduction of 2 % of
the premium shall be set up.
2. The Fund shall finance action in the following areas:
(a) combating tobacco-smoking, in particular informing the public of
the dangers of tobacco consumption,
(b) — research to create or develop new varieties and cultivation
methods that result in less harm to human health and are better
geared to market conditions and more environment-friendly,
— the creation or development of alternative uses for raw tobacco,
(c) studies of the possibilities for producers of raw tobacco of switching
to other crops or activities,
(d) the dissemination of the results obtained in the above areas to
national authorities and to the sectors concerned.1992R2075 — EN — 28.03.1999 — 008.001 — 7
▼M6
Article 14
1. In order to facilitate the voluntary departure from the sector by
individual producers, a quota buy-back programme with corresponding
reduction of the guarantee thresholds referred to in Article 8 shall be setup.
2. Rural development programmes for the conversion of tobacco-
growing regions in difficulty to other activities may be implemented
under Community structural policies.
Article 14a
Rules for the application of this Title shall be adopted in accordance
with the procedure laid down in Article 23. Those rules shall cover:
— fixing of the specific aid amount,
— the definition of producer groups eligible for specific aid,— terms for the recognition of groups,— use of the specific aid, and in particular its allocation between the
purposes specified in Article 12(1),
— setting the level of the quotabuy-ba ck price, which should not be
such as to encourage any excessive exodus of producers from thesector,
— definition, on the basis of a proposal from the Member State, of
sensitive production areas and/or groups of high-quality varieties tobe exempted from the quota buy-back system, which may not affectmore than 25 % of each Member State's guarantee threshold,
— definition of aperiod of not more tha n four months between the
individual producer's intention to sell his quota and the actual buy-back; during that period the Member State shall make public theintention to sell so that other producers may buy the quota before it isactually bought back.
TITLE IV
Trade with third countries
Article 15
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 16
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe classification of products covered by this Regulation.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade withthird countries:
(a) the levying of any charge having equivalent effect to a customs
duty;
(b) the application of any quantitative restriction or measure having
equivalent effect.
Article 16a
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatenedwith, serious disturbance likely to jeopardize the achievement of theobjective set out in Article 39 of the Treaty, appropriate measures may
be applied in trade with third countries until such disturbance of threat of
disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for the application of this paragraph and shall1992R2075 — EN — 28.03.1999 — 008.001 — 8
▼M2
▼M2
define in what cases and within what limits Member States may take
protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the Commis-sion receives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2) of
the Treaty.
TITLE V
Control measures
Article 17
1. Member States shall take all necessary action to ensure and verify
compliance with Community provisions concerning raw tobacco.
2. Member States shall make arrangements for granting entitlement
to first processors to sign cultivation contracts.
3. Entitlement shall be withdrawn by the Member State if the
processor deliberately or through serious negligence fails to comply withthe Community provisions concerning raw tobacco.
4. Member States shall take the action necessary for their control
bodies to be able to verify compliance with Community provisions, and
in particular:
— to have access to production and processing facilities,
— to be able to acquaint themselves with first processors' accounting
and stock records and with other relevant documents and take copiesor extracts,
— to be able to obtain all relevant information, particularly in order to
check that tobacco delivered has actually been processed,
— to obtain exact figures for the volume and purchase price of the
production of all individual producers,
— to check the quality of the tobacco and payment by the processor of a
purchase price to the individual producer,
— to check each year the areas planted by individual producers.
5. Rules for the application of this Title shall be adopted in
accordance with the procedure laid down in Article 23.
TITLE VI
General and transitional provisions
Article 18
Except where this Regulation provides otherwise, Articles 92, 93 and 94
of the Treaty shall apply to production of and trade in the products
referred to in Article 1.
Article 19
Expenditure incurred pursuant to Title I and III shall be regarded as
expenditure within the meaning of Article 1 (2) of Regulation (EEC) No729/70.1992R2075 — EN — 28.03.1999 — 008.001 — 9
▼M6
▼B
▼M6
Article 20
To deal with unforeseen circumstances, exceptional market support
measures may be taken in accordance with the procedure laid down inArticle 23. Their scope and duration shall be strictly limited to what is
necessary to support the market.
Article 21
Member States and the Commission shall send each other any
information necessary for the application of this Regulation. Detailedrules for the sending and dissemination of such information shall beadopted in accordance with the procedure laid down in Article 23.
Article 22
A Management Committee for Tobacco (hereinafter called ‘the
Committee’) shall be established, consisting of representatives ofMember States and presided over by a representative of the Commis-sion.
Article 23
1. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion shall
be delivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.
2. The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accordance withthe opinion of the Committee, they shall be communicated by theCommission to the Council. In that event the Commission may deferapplication of the measures which it has decided for a period of notmore than one month from the date of such communication.
3. The Council, acting by a qualified majority, may take a different
decision within the time limit referred to in the previous paragraph.
Article 24
The Committee may consider any other matter raised by its chairman,
either on his initiative or at the request of the representative of a
Member State.
Article 25
This Regulation must be applied in such a way that account is taken,
simultaneously and appropriately, of the objectives laid down in Articles
39 and 110 of the Treaty.
Article 26
Before 1 April 2002, the Commission shall submit a report to the
European Parliament and to the Council on the functioning of thecommon organisation of the market in raw tobacco.
Article 27
Where transitional measures prove necessary to facilitate the transition
from the arrangements set up by Regulation (EEC) No 727/70 to thoselaid down in this Regulation, such measures shall be adopted inaccordance with the procedure laid down in Article 23.1992R2075 — EN — 28.03.1999 — 008.001 — 10
▼B
▼M6
▼B
▼M6
Where transitional measures prove necessary to facilitate the application
of the amendments to this Regulation introduced by Regulation (EC) No1636/98(
1), such measures shall be adopted in accordance with the
procedure laid down in Article 23.
Article 28
Regulation (EEC) No 727/70 is repealed with effect from the 1993
harvest.
Article 29
This Regulation shall apply from the 1993 harvest.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R2075 — EN — 28.03.1999 — 008.001 — 11
(1) OJ L 210, 28.7.1998, p. 23.▼B
▼B
ANNEX
CLASSIFICATION OF TOBACCO VARIETIES
I. FLUE-CURED
Virginia
VirginiaD a nd hybrids thereof
Bright
II. LIGHT AIR-CURED
BurleyBadischer Burley and hybrids thereof
Maryland
III. DARK AIR-CURED
Badischer Geudertheimer, Pereg, KorsoParaguay and hybrids thereofDragon Vert and hybrids thereofPhilippin
Petit Grammont (Flobecq)
SemoisAppelterreNijkerk
Misionero and hybrids thereof
Rio Grande and hybrids thereofForchheimer Havanna IIcNostrano del BrentaResistente 142
Goyano
Hybrids of GeudertheimerBeneventanoBrasile Selvaggio and similar varieties
Fermented Burley
Havanna
IV. FIRE-CURED
Kentucky and hybridsMoro di CoriSalento
V. SUN-CURED
Xanthi-YakaPerustitzaSamsunErzegovina and similar varieties
Myrodata Smyrnis, Trapezous and Phi I
Kaba Koulak (non-classic)TsebeliaMavra1992R2075 — EN — 28.03.1999 — 008.001 — 12
▼B
VI. Basmas
VII. Katerini and similar varieties
VIII. Kaba Koulak (classic)
Elassona
Myrodata Agrinion
Zichnomyrodata1992R2075 — EN — 28.03.1999 — 008.001 — 13