This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOMMISSION REGULATION (EC) No 1524/98
of 16 July 1998
laying down detailed rules for the application of the specific measures adopted in respect of fruit and
vegetables, plants and flowers for the benefit of the French overseas departments
(OJ L 201, 17.7.1998, p. 29)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2783/98 of 22 December 1998 L 347 17 23.12.1998
"M2 Commission Regulation (EC) No 1124/1999 of 28 May 1999 L 135 39 29.5.1999
"M3 Commission Regulation (EC) No 2683/1999 of 17 December
1999 L 326 22 18.12.1999
"M4 Commission Regulation (EC) No 188/2001 of 30 January 2001 L 29 5 31.1.2001
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1998R1524 — EN — 01.01.2001 — 003.001 — 1
COMMISSION REGULATION (EC) No 1524/98
of 16 July 1998
laying down detailed rules for the application of the specific
measures adopted in respect of fruit and vegetables, plants and
flowers for the benefit of the French overseas departments
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 3763/91 of 16 December
1991 introducing specific measures in respect of certain agricultural
products for the benefit of the French overseas departments (
1), as last
amended by Regulation (EC) No 2598/95 (2), and in particular Articles
2(6), 14(4) and Article 16 thereof,
Whereas detailed rules for the application of Regulation (EEC) No
3763/91, as amended by Regulation (EC) No 2598/95, should be adopted
as regards Article 2 thereof which provides for the extension to certain
processed fruit of the measures to promote the supply of the French
overseas departments (hereinafter referred to as ‘the FOD’), and Article
14 thereof introducing aid for the production of processed fruit and
vegetables;
Whereas common detailed rules for implementation of the specific
measures for the supply of certain agricultural products to the FOD are
laid down in Commission Regulation (EEC) No 131/92 (3), as last
amended by Regulation (EC) No 1736/96 (4), and whereas detailed rules
for the application of the system of import licences for products
processed from fruit and vegetables are laid down in Commission
Regulation (EC) No 1921/95 (5), as amended by Regulation (EC) No
2427/95 (6);
Whereas, pursuant to Article 2 of Regulation (EEC) No 3763/91,
additional detailed rules should be laid down which are adapted to
commercial practices as regards in particular the period of validity of
licences and certificates and the amount of the security; whereas, in
addition, the forecast supply balance for processed fruit for the FOD
should be established, and the amount of aid should be set, taking
account of the advantage resulting from customs duty exemption for
products imported from third countries;
Whereas, in order to simplify the legislation, the body of this Regulation
should include the provisions adopted in Commission Regulation (EC)
No 489/97 of 17 March 1997 laying down detailed rules for the
application of the specific measures adopted in respect of fresh fruit and
vegetables, plants and flowers for the benefit of the French overseas
departments (FOD) (7) for implementing the marketing and production
aid schemes referred to in Articles 13 and 15 of Regulation (EEC) No
3763/91, and Regulation (EC) No 489/97 should be repealed;
Whereas, pursuant to the aforementioned Article 13, the marketing aid is
to be set on a flat rate basis for each of the product categories to be
determined, based on the average value of the products, and within the
limits of annual quantities for each product category; whereas firstly a
list of products eligible for the aid should be drawn up based on the
supply needs of the regional markets, and secondly the categories should
be established on the basis of the average value of the products so
covered, and finally a maximum quantity for all the FOD should be set,
providing for distribution of the quantities to be performed by the
national authorities to enable the quantities available to be more closely!B
(1) OJ L 356, 24. 12. 1991, p. 1.
(2) OJ L 267, 9. 11. 1995, p. 5.
(3) OJ L 15, 22. 1. 1992, p. 13.
(4) OJ L 225, 6. 9. 1996, p. 3.
(5) OJ L 185, 4. 8. 1995, p. 10.
(6) OJ L 249, 17. 10. 1995, p. 12.
(7) OJ L 76, 18. 3. 1997, p. 6.1998R1524 — EN — 01.01.2001 — 003.001 — 2
matched to regional needs; whereas this requirement will allow products
to be supplied to an FOD other than the one in which the product was
harvested;
Whereas specific detailed rules should be laid down to ensure that the
quantities set are monitored and the conditions for the grant of the aid are
met; whereas, to that end, a system of approval of operators in the
distribution and catering sectors and mass caterers, who undertake to
meet certain requirements, will ensure satisfactory administration of the
supply system;
Whereas, as regards the aid for the production of green vanilla and the
aid for the production of essential geranium and vetiver oils, an approval
mechanism, firstly for preparers of dried vanilla or vanilla extracts, and
secondly for local collecting and marketing bodies, which undertake in
particular to pay the aid in full to the recipient producers and meet the
control requirements, will make it possible, within the framework of
existing marketing structures, to apply these measures satisfactorily;
whereas the quantities laid down in Article 13(3) of Regulation (EC) No
3763/91 are ceilings which, according to the most recent estimates
communicated by the French authorities, will not be reached in the
medium term; whereas for the sake of sound administration, and taking
account of the needs of the most remote regions in question, the
corresponding quantities available should be used for implementing the
marketing scheme referred to above;
Whereas, pursuant to Article 14 of Regulation (EEC) No 3763/91, firstly
a list of products eligible for the aid should be drawn up, within the limits
of annual quantities established for each category and in line with the
scope for the development of local production and processing, and the
amounts of the aid should be set on the basis of the prices of local or
imported raw materials, and secondly special detailed rules should be
adopted to ensure that the system is monitored and the conditions for
granting the aid are met, in particular as regards contracts and the
minimum price guaranteed to producers, and whereas to that end it is
appropriate to incorporate certain provisions of Commission Regulation
(EC) No 504/97 (1), as amended by Regulation (EC) No 1491/97 (2),
laying down detailed rules for the application of Council Regulation
(EC) No 2201/96 (3), as amended by Regulation (EC) No 2199/97 (4), as
regards the system of production aid for products processed from fruit
and vegetables;
Whereas, as regards the marketing aid under the annual contracts
referred to in Article 15 of Regulation (EEC) No 3763/91, it is necessary
to define the concept of annual contract and specify the basis to be used
for calculating the amount of aid, fixed at 10 % of the value of the
production marketed, free at destination, and 13 % where Article 15(4) is
applied; whereas, finally, the mechanism for distributing the quantities
benefiting from the aid should be laid down for cases in which the
ceilings fixed in that Article are exceeded;
Whereas general provisions applicable to these measures as a whole,
especially those concerning control and notification, should be set out in
a final chapter;
Whereas, in order to ensure optimum implementation of the new
measures, the date of application of this Regulation should be 1 July
1998;
Whereas the measures provided for in this Regulation are in accordance
with the joint opinion of the Management Committee for Fruit and
Vegetables, the Management Committee for Products Processed from
Fruit and Vegetables and the Management Committee for Live Plants,!B
(1) OJ L 78, 20. 3. 1997, p. 4.
(2) OJ L 202, 30. 7. 1997, p. 27.
(3) OJ L 297, 21. 11. 1996, p. 29.
(4) OJ L 303, 6. 11. 1997, p. 1.1998R1524 — EN — 01.01.2001 — 003.001 — 3
HAS ADOPTED THIS REGULATION:
CHAPTER I
Aid for supply
Article 1
1. For the purposes of Article 2(1) of Regulation (EEC) No 3763/91,
the fruit and vegetable products exempt from duty on import from third
countires or receiving Community aid shall be as set out in the forecast
supply balance given in Part A of Annex I to this Regulation.
2. The aid provided for in Article 2(4) of Regulation (EEC) No 3763/91
for products for which a forecast supply balance is established shall be as
set out in Part B of Annex I to this Regulation.
Article 2
Subject to the specific provisions of this Regulation, Regulation (EEC)
No 131/92 shall apply.
Article 3
1. France shall designate the competent authorities responsible for
issuing the import licences, exemption certificates and aid certificates
provided for in Articles 2, 2a and 3 respectively of Regulation (EEC) No
131/92 and for payment of the aid and administration of securities.
2. Licence and certificate applications shall be submitted to the
competent authority during the first five working days of any month.
Applications shall be admissible only where they do not exceed the
quantity available under the forecast balance and where the operator has
lodged a security of ECU 3 per 100 kg.
3. Licences and certificates shall be issued on the 10th working day of
the month at the latest.
4. Licences and certificates shall expire on the last day of the second
month following the month in which they were issued.
5. Where, pursuant to Article 4(1) of Regulation (EEC) No 131/92, a
licence or certificate is issued for a quantity which is less than the
quantity applied for, the operator may withdraw his application within
three working days of the date on which the licence or certificate is
issued. The security relating to the licence or certificate shall then be
released.
CHAPTER II
Aid for marketing on the regional market
Article 4
The aid provided for in Article 13 of Regulation (EEC) No 3763/91 shall
be granted in respect of fresh fruit and vegetables with the exception of
bananas other than plantains falling within CN code 0803 00 11, flowers
and live plants listed in Chapters 6, 7 and 8 of the Combined
Nomenclature, pepper and fruits of the genera Capiscum and Pimenta
falling within CN code 0904 and the spices falling within CN code 0910,
for supply to the FOD market, under the conditions laid down in this
Chapter.!B1998R1524 — EN — 01.01.2001 — 003.001 — 4
Article 5
1. The aid shall be granted to the producers referred to in Article 6 in
respect of the products listed in column II of Part A of Annex II under
three categories A, B and C:
(a) which comply with the standards established pursuant to Title I of
Commission Regulation (EC) No 2200/96 (1) as regards fruit and
vegetables or, where such standards have not been established for the
products concerned, with the quality specifications in the supply
contracts referred to below; however, products presenting special
characteristics linked to tropical production conditions shall not be
excluded; and
(b) which are covered by supply contracts between the types of operator
referred to in Article 6 for one or more marketing periods, concluded
before the commencement of the relevant period, or before a date
fixed by the competent authorities.
2. The amounts of aid applicable to each category of product shall be
those set out in column IV of Part A of Annex II.
3. The aid shall be granted up to the annual quantities for each category
of product set out in column III of Part A of Annex II.
The competent authorities shall determine for each FOD the products
and quantities thereof in respect of which aid may be granted. They shall
adjust the apportionment in the light of specific needs and available
quantities.
4. Where justified by the supply needs for one or more products, the
competent authorities may grant the aid for supply to a FOD other than
the one in which the product concerned was harvested.
Article 6
1. Supply contracts shall be concluded between individual producers or
producer groups on the one hand and, on the other, operators in the
distribution sector, enterprises in the catering sector or mass caterers
established in the production region and approved by the national
authorities, without prejudice to Article 5(4).
The increase in aid provided for in the sixth subparagraph of Article
13(1) of Regulation (EEC) No 3763/91 and shown in column V of Part A
of Annex II shall apply to contracts concluded by producer organisations
recognised in accordance with Article 11 of Council Regulation (EC) No
2200/96 or producer groups recognised under Council Regulation (EEC)
No 1360/78 (2) with operators in the distribution sector, enterprises in the
catering sector or mass caterers.
2. The national authorities shall grant approval, upon application, to the
distributors, enterprises and mass caterers referred to in paragraph 1
which undertake in writing to:
(a) supply the regional market with the products covered by the supply
contracts;
(b) keep separate accounts for the supply contracts;(c) provide the competent authorities, when the latter so request, with all
supporting documentation concerning the implementation of the
contracts and fulfilment of the undertakings made pursuant to this
Regulation.
Article 7
1. Producers wishing to benefit from the aid arrangements shall send to
the administration designated by the competent authorities, not later than
the deadline set by those authorities, a declaration accompanied by a!B
(1) OJ L 297, 21. 11. 1996, p. 1.
(2) OJ L 166, 23. 6. 1978, p. 1.1998R1524 — EN — 01.01.2001 — 003.001 — 5
copy of a supply contract or a preliminary supply contract as referred to
in Article 6(1), giving at least the following information:
— the business names of the parties to the contract,
— a precise description of the product(s) covered by the contract,
— an indication of the quantities to be supplied during the marketing
period(s) and the forecast supply schedule.
2. The competent authorities may set a minimum quantity for each aid
application.
Article 8
1. Where the information referred to in Article 7(1) indicates that there
is a likelihood of the quantity set for a category of products shown in
column III of Part A of Annex II being exceeded, the competent
authorities shall set a provisional reduction coefficient to be applied to
all aid applications in respect of that category of products.
The coefficient, which shall be equivalent to the ratio between the
quantities referred to in column III of Part A of Annex II and those set by
contract plus any additional quantities agreed, shall be calculated before
any decision is taken to grant the aid and not later than one month after
the date referred to in Article 7(1).
2. Where paragraph 1 is applied, the competent authorities shall
establish at the end of the marketing year the definitive reduction
coefficient to be applied to all aid applications in respect of the category
of products concerned submitted during the marketing year.
CHAPTER III
Aid for the production of green vanilla and essential oils of geranium
and vetiver
Article 9
1. Production aid for green vanilla falling within CN code ex 0905
intended for the production of dried (black) vanilla or vanilla extracts as
provided for in Article 13(2) of Regulation (EEC) No 3763/91 shall be
paid to the green vanilla producer via the processors approved by the
competent authorities.
Where necessary for the proper application of the measure, the
authorities shall specify the technical characteristics of the green vanilla
which is eligible for production aid.
2. The competent authorities shall grant approval to processors
established in the production region:
(a) whose plant and equipment is suitable for the preparation of dried
(black) vanilla or vanilla extracts;
and
(b) who undertake in writing:
— to transfer the full amount of ECU 6,04 per kg to the green
vanilla producer pursuant to one or more supply contracts not
later than one month from the date of payment of the aid by the
competent authorities,
— to keep separate accounts for transactions connected with the
application of this Article,
— to allow any checks or inspections required by the competent
administrations and to notify all information relating to the
application of this Article.!B1998R1524 — EN — 01.01.2001 — 003.001 — 6
Article 10
1. Production aid for essential oils of geranium and vetiver falling
within CN codes 3301 21 and 3301 26 as provided for in Article 13(3) of
Regulation (EEC) No 3763/91 shall be paid to producers through local
collection and marketing bodies approved by the competent authorities.
The aid shall be paid for finished products obtained in accordance with
recognised manufacturing procedures and having the technical char-
acteristics published by the competent authorities.
2. The competent authorities shall grant approval to the bodies referred
to in paragraph 1 established in the production region which undertake in
writing:
(a) to transfer to the producers the full amount of ECU 44,68 per kg of
essential oils of geranium and vetiver pursuant to one or more supply
contracts not later than one month from the date of payment of the
aid by the competent administration;
(b) to keep separate accounts for transactions connected with the
application of this Article;
(c) to allow any checks or inspections required by the competent
a d m i n i s t r a t i o na n dt on o t i f ya l li n f o r m a t i o nr e l a t i n gt ot h e
application of this Article.
Article 11
1. Where the quantities for which aid applications are made under
Article 9 or 10 exceed the annual quantities laid down in Part B of Annex
II, the competent authorities shall set a percentage reduction to be
applied to all applications.
2. The competent authorities shall adopt the necessary additional
administrative provisions for the application of Articles 9 and 10, in
particular as regards the submission of aid applications, and shall carry
out the necessary checks on green vanilla producers, dried vanilla and
vanilla extract processors, producers of geranium and vetiver oils and the
collection and marketing bodies for these products.
They may make payment of the aid conditional upon the presentation of
delivery notes jointly signed by the producer and, as the case may be, the
processors or the approved collection and marketing bodies.
CHAPTER IV
Aid for the processing of fruit and vegetables
Article 12
The production aid provided for in Article 14 of Regulation (EEC) No
3763/91 shall be paid to the processors approved by France under the
conditions laid down in this Chapter.
Article 13
1. The aid shall be paid for the processing of fruit and vegetables
harvested in the FOD for which processors have paid a price at least
equal to the minimum price under processing contracts covering the
manufacture of products listed in Part B of Annex III.
2. The aid shall be paid up to the annual quantities for each of the three
categories A, B and C set out in column II of Part A of Annex III.!B1998R1524 — EN — 01.01.2001 — 003.001 — 7
The amounts of aid applicable to each category of products shall be as set
out in column IV of Part A of Annex III. However, the aid shall not be
payable for pineapples falling within CN code 080430 used in the
manufacture of preserved products qualifying for the aid scheme
provided for in Council Regulation (EEC) No 525/77 (1).
3. The marketing year shall run from 1 January to 31 December.
Article 14
1. Processors wishing to qualify for the aid arrangements shall submit
an application for approval to the administration designated by the
competent authorities, not later than the deadline set by those authorities,
giving all information required by France with a view to the adminis-
tration and monitoring of the system of aid.
2. The French authorities shall grant approval, upon application, to
processors or legally constituted processor associations or groups which:
(a) have equipment suitable for processing fruit and vegetables; and(b) undertake in writing to:
— keep separate accounts for implementation of the contracts
referred to in Article 15,
— provide the competent administration, when the latter so
requests, with all supporting documentation concerning the
implementation of the contracts and fulfilment of the undertak-
ings made pursuant to this Regulation.
Article 15
1. Contracts as referred to in Article 14(1) of Regulation (EEC) No
3763/91, hereinafter referred to as ‘processing contracts’, shall be
concluded in writing before the beginning of each marketing year. They
shall take one of the following forms:
(a) a contract between a producer or a producer organisation recognised
pursuant to Article 11 of Regulation (EC) No 2200/96, on the one
hand, and a processor or an association or group of processors
approved by the national authorities, on the other;
(b) an undertaking covering supplies, where the producer organisation
referred to in (a) above acts as processor.
2. Processing contracts must specify:
(a) the business names of the parties to the contract;
(b) a precise description of the product(s) covered by the contract;(c) the quantities of raw materials to be supplied;(d) the timetable for deliveries to the processor;(e) the price to be paid for the raw materials, excluding in particular
costs connected with packing, transport, and the payment of taxes,
which shall, where applicable, be indicated separately. The price
shall not be lower than the minimum price referred to in Article
13(1);
(f) the finished products to be produced.
3. On terms laid down for each product by the French authorities, the
parties may decide, by written amendments to processing contracts, to
increase the quantities originally stipulated therein.
Such amendments shall relate overall to no more than 30 % of the
quantities originally stipulated in the contracts.
4. Where producer organisations act also as processors, the processing
contracts covering their own production shall be deemed to have been!B
(1) OJ L 73, 21. 3. 1977, p. 43.1998R1524 — EN — 01.01.2001 — 003.001 — 8
concluded after the following particulars are forwarded to the competent
authority within the time limit laid down in paragraph 5:
(a) the total area on which the raw material is grown, together with
cadastral reference numbers or a reference recognised as equivalent
by the inspection agency,
(b) an estimate of the total harvest,(c) the quantity intended to be processed,(d) the forecast processing schedule.5. The processor or association of processors shall forward a copy of
each processing contract and of any amendments thereto to the body
designated by France. Such copies must be forwarded to the competent
authorities within 10 working days following the conclusion of the
contract or of any amendment thereto and reach them five working days
before the start of deliveries.
6. For the 1998 marketing year, the final date for signing the contracts
referred to in paragraph 1 shall be deferred to 30 September 1998.
Article 16
1. Without prejudice to cases covered by Article 15(1)(b), processors
shall pay the price of the raw materials to the producer organisation or
individual producer exclusively by bank or post-office transfer order or
by crossed cheque.
Producer organisations shall pay producers the amount referred to in the
first subparagraph in full within 15 working days of receipt, by bank or
post-office transfer order or by crossed cheque. In cases as referred to in
Article 15(1)(b), payment may be made by opening a credit. France shall
adopt the measures necessary to check compliance with the provisions of
this paragraph and shall provide in particular for penalties to be imposed
on the administrators of the producer organisation in relation to the
seriousness of the failure to comply.
2. France may adopt additional provisions relating to processing
contracts, covering in particular time limits, terms and methods of
payment of the minimum price and damages payable by processors,
producer organisations or producers where they do not fulfil their
obligations under contracts.
Article 17
Without prejudice to minimum quality criteria laid down or to be laid
down in accordance with the procedure provided for in Article 46 of
Regulation (EC) No 2200/96, raw materials delivered to processors
under processing contracts shall be of sound and fair merchantable
quality and suitable for processing.
Article 18
1. Processors shall submit two aid applications in respect of each
marketing year to the agency designated by France:
(a) the first relating to products processed from 1 January to 31 May;(b) the second relating to products processed from 1 June to 31
December.
2. Aid applications shall indicate in particular the net weight of the raw
materials used and of the finished products obtained, described in
accordance with Parts A and B of Annex II respectively. They shall be
accompanied by copies of the transfer orders or crossed cheques
provided for in the first subparagraph of Article 16(1). In the case of
undertakings covering supplies, such copies 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 relevant contracts.!B1998R1524 — EN — 01.01.2001 — 003.001 — 9
Article 19
1. Where the information referred to in Article 15(5) indicates that
there is a likelihood of the quantity set for a category of products shown
in column III of Part A of Annex III being exceeded, the competent
authorities shall set a provisional reduction coefficient to be applied to
all aid applications in respect of that category submitted under Article
18(1)(a) above.
The coefficient, which shall be equivalent to the ratio between the
quantities referred to in Column III of Part A of Annex III and those set
by contract plus any additional quantities agreed, shall be calculated not
later than 31 March.
2. Where paragraph 1 is applied, the competent authorities shall
establish at the end of the marketing year the definitive reduction
coefficient to be applied to all aid applications in respect of the category
of products concerned submitted under Article 18(1)(a) and (b).
Article 20
1. Processors shall keep records showing at least the following:
(a) consignments of raw materials purchased and entering their premises
each day and covered by processing contracts or amendments
thereto, together with the numbers of any receipts in respect of such
consignments;
(b) the weight of each consignment brought into their premises and the
name and address of the other party to the contract;
(c) the quantities of finished products obtained each day from process-
ing of the raw materials on which the aid is payable;
(d) the quantities and prices of products leaving the processor’ s
premises, consignment by consignment, with details of the
consignee. Such data may be recorded by reference to supporting
documents, provided the latter contain the abovementioned par-
ticulars.
2. Processors shall retain proof of payment in respect of all raw
materials purchased under processing contracts or amendments thereto.
3. Processors shall undergo any inspections or checks deemed necess-
ary and shall keep such additional records as the French authorities
require to conduct any checks they deem necessary. Where an inspection
or checks cannot be conducted for reasons attributable to the processor,
despite the latter having been formally notified thereof, no aid shall be
paid in respect of the marketing years in question.
CHAPTER V
Aid for marketing under annual contracts
Article 21
1. For the purposes of Article 15 of Regulation (EEC) No 3763/91,
‘annual contract’ means a contract by which an operator, either a natural
or a legal person established elsewhere in the Community, outside the
FOD, undertakes, before the beginning of the marketing period for the
product or products in question, to purchase all or part of the production
of an individual producer, producers’ association or group in the FOD,
with a view to marketing it elsewhere.
2. Operators who intend to submit an application for aid shall send the
annual contract to the competent French administration before the start
of the marketing period for the product or products in question.
The contract shall at the very least include the following information:(a) the business names of the contracting parties and their places of
establishment;!B1998R1524 — EN — 01.01.2001 — 003.001 — 10
(b) the description of the product or products;
(c) the quantities concerned;
(d) the duration of the commitment;(e) the marketing schedule;(f) the packaging and presentation method and information relating to
transport (conditions and costs);
(g) the exact delivery stage.3. The competent administration shall assess the contracts for
conformity with Article 15 of Regulation (EEC) No 3763/91 and with
this Regulation. It shall verify that the contracts contain all the
information specified in paragraph 2 above.
It shall inform the operator whether paragraph 6 is likely to be applied.4. For the purpose of calculating the aid, the value of marketed
production, delivered to destination zone, shall be evaluated on the basis
of the annual contract, the particular transport documents and any other
supporting documents submitted to justify the application for payment.
The value of the marketed production to be taken into account shall be
equivalent to that of a delivery at the first port or airport of unloading.
The competent administration may request any information or additional
supporting documentation required to calculate the aid.
5. Applications for aid shall be submitted by the buyer who entered into
the commitment to market the product.
Where the management of the aid scheme so requires, the competent
administration may specify marketing periods or years for each product.
6. Where, for a given product and for a given overseas department, the
quantities for which aid is requested exceed the volume of 3 000 tonnes
laid down in Article 15 of Regulation (EEC) No 3763/91 or, in the case
of melons falling within CN code ex 0807 10 90, the limit laid down in
paragraph 5 of that Article, the national authorities shall determine a
uniform percentage reduction to be applied to all aid applications.
7. The increase in aid provided for in Article 15(4) of Regulation
(EEC) No 3763/91 shall be paid on presentation of the commitments
entered into by the partners to pool, for a period of not less than three
years, the knowledge and know-how required to achieve the objective of
the joint venture. These commitments shall include a clause prohibiting
cancellation before the end of the aforementioned three-year period.
Where the aforementioned commitments are broken, the buyer may not
submit an application for aid for the marketing year concerned.
CHAPTER VI
General provisions
Article 22
1. Applications for aid shall be submitted to the administration
designated by the French authorities in accordance with the models
established by the latter and, for the aids under Chapters II, III, IV and V ,
within the periods prescribed by them.
2. The applications shall be accompanied by invoices and all other
supporting documents relating to the measures undertaken, in particular
the reference of the supply contracts, delivery contracts, processing
contracts or annual contracts for the aid referred to in, respectively,
Chapters II, III, IV and V .!B1998R1524 — EN — 01.01.2001 — 003.001 — 11
3. The competent administration, having verified the applications for
aid and the relative supporting documents, shall pay out, in the two
months following the end of the period for lodging applications, the aid
determined in accordance with this Regulation.
Article 23
1. France shall communicate to the Commission:
(a) before the beginning of each marketing year, the minimum prices
referred to in Chapter IV , set in accordance with Article 14 of
Regulation (EEC) No 3763/91 in respect of each category of
products set out in Annex III;
(b) no later than 31 May, broken down by category or product, the
quantities covered by contract for the current marketing year
pursuant to Chapters II, IV and V;
(c) no later than 31 May, a report on the implementation of the measures
referred to in this Regulation in the preceding marketing year
showing in particular:
— broken down by group of products set out in Part A of Annex I,
the quantities in the forecast supply balance referred to in
Chapter I for which exemption from import duty was granted or
for which Community aid was paid,
— broken down by groups of products set out in Part A of Annex I,
the quantities exported to third countries or to the rest of the
Community,
— broken down by product set out in Part A of Annex II, the
quantities which qualified for the aid and the increased aid
referred to in Chapter II,
— the quantities of green vanilla and oil of geranium and vetiver
which qualified for the aid referred to in Chapter III,
— the quantities of raw material which qualified for the aid referred
to in Chapter IV , broken down by product set out in Part A of
Annex III, and the quantities, expressed in net weight, of
finished products broken down in accordance with Part B of
Annex III,
— the quantities which qualified for the aid and the increased aid
referred to in Chapter V , broken down by product, and their
average value within the meaning of Article 21(4);
(d) no more than a month following their publication, the additional
detailed rules adopted for the application of this Regulation.
2. For the 1998 marketing year the deadline referred to in paragraph
1(a) shall be 31 August 1998.
Article 24
1. The national authorities shall take all the necessary measures to
guarantee compliance with the conditions to which the grant of the aid
provided for in Articles 2, 13, 14 and 15 of Regulation (EEC) No
3763/91 is subject.
To that end, they shall carry out random on-the-spot checks on aid
applications representing at least 20 % of the quantities and 10 % of the
beneficiaries.
They shall withdraw the approvals referred to in Articles 6(2), 9(2), 10(2)
and Article 14 where the commitments to which they are subject are not
fulfilled.
They may suspend the payment of aid according to the seriousness of the
irregularities discovered.!B1998R1524 — EN — 01.01.2001 — 003.001 — 12
2. Where aid has been paid out unduly, the competent administration
shall recover the sums paid out, with interest from the date on which the
aid was paid out to the date on which it was repaid by the beneficiary.
Where the undue payment has been made because of a false declaration,
false documents or serious negligence on the part of the recipient, a
penalty equal to the amount paid out unduly, with interest calculated in
accordance with the above subparagraph, shall be imposed.
The interest rate shall be that applied by the European Monetary
Cooperation Fund to its transactions in ecus as published in the C series
of the Official Journal of the European Communities , in force on the date
of the undue payment and increased by three percentage points.
3. The aid recovered shall be paid to the paying authorities or agencies
and deducted by them from the expenditure financed by the European
Agricultural Guidance and Guarantee Fund.
Article 25
Regulation (EEC) No 489/97 is hereby repealed.
References to the Regulation repealed shall be construed as references to
this Regulation in accordance with the table of equivalence in Annex IV .
Article 26
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1998R1524 — EN — 01.01.2001 — 003.001 — 13
ANNEX I
Part A: Forecast supply balance for processed fruit and vegetables for the French overseas departments for 2001
Product group CN code ProductQuantity
(tonnes)
Fruit purees, being cooked preparations, whether or not containing
added sugar or other sweetening matter, for processing
Aex 2007 91 Citrus fruit
100 ex 2007 99 Other, not including tropical fruit
Fruit pulps, otherwise prepared or preserved, whether or not
containing added sugar or other sweetening matter or spirit not
elsewhere specified or included, for processing
Bex 2008 30 Citrus fruit
450ex 2008 40 Pears
ex 2008 50 Apricots
ex 2008 60 Cherries
ex 2008 70 Peaches
ex 2008 80 Strawberries
ex 2008 92 Mixtures not including tropical fruit
ex 2008 99 Other not including tropical fruit
Concentrated fruit juice (including grape must), unfermented and
not containing added spirit, whether or not containing added sugaror other sweetening matter, for processing
Cex 2009 11 11
ex 2009 11 19ex 2009 19 11ex 2009 19 19
gOrange juice 200
Dex 2009 20 11
ex 2009 20 19 g Grapefruit or pomelo juice
250ex 2009 60 11
ex 2009 60 19ex 2009 60 51
ex 2009 60 71 gGrape juice
ex 2009 70 11
ex 2009 70 19 g Apple juice
ex 2009 80 11
ex 2009 80 19 g Pear juice
ex 2009 80 35
ex 2009 80 38 g Juice of any other fruit not including tropical fruit
ex 2009 90 11
ex 2009 90 19 g Mixtures of apple and pear juice
ex 2009 90 21
ex 2009 90 29 g Other mixtures, not including tropical fruit
Total 1 000!B
!M41998R1524 — EN — 01.01.2001 — 003.001 — 14
!M2
Part B: Amounts of aid referred to in Article 1(2).
Product groups defined in A EUR/100 kilograms
A 39,09
B 21,52
C 36,99
D 39,961998R1524 — EN — 01.01.2001 — 003.001 — 15
ANNEX II
Part A: Products referred to in Article 5(1)
Maximum quantities referred to in Article 5(3) for each period from 1 January to 31 DecemberAmounts of aid referred to in Article 5(2) and increased aid referred to in the second subparagraph ofArticle 6(1)
Column I Column II Column III Column IV Column V
Product category CN code ProductMaximum
quantityAid Increased aid
A0701 potatoes
6 800 tonnes15,00
ECU/100 kg15,75
ECU/100 kgex 0706 10 carrots
ex 0707 00 05 cucumbers
0709 90 90 christophines, breadfruit
0803 00 11 plantains
0804 30 00 pineapples
0807 11 00 watermelons
ex 0603 10 tropical flowers (standard anthurium,
alpinas, heliconias, porcelain rose,
bird-of-paradise flower)3 640 000
units15,00
ECU/100
units15,75
ECU/100 units
B0702 00 00 tomatoes
13 000 tonnes23,00
ECU/100 kg24,15
ECU/100 kgex 0703 10 onions
ex 0704 cabbages
ex 0705 11 cabbage lettuce
0709 90 10 salad vegetables other than lettuce and
chicory
0709 30 00 aubergines
0714 20 10 sweet potatoes
ex 0714 90 11 yams, dachines or taro
ex 0709 60 10 sweet peppers
ex 0709 60 99 other peppers
ex 0709 90 90 turban squash
0804 40 avocados
ex 0804 50 00 mangoes
ex 0805 citrus fruit (oranges, mandarins, le-
mons and limes, grapefruit and pom-elos)
ex 0807 melons and papayas
ex 0810 90 30 lychees
ex 0810 90 85 strawberry guavas
C0703 20 garlic
700 tonnes30,00
ECU/100 kg31,50
ECU/100 kg0708 20 green beans
0810 10 strawberries
ex 0810 90 40 passion fruit
ex 0810 90 85 maracuja, granadilla, rambutan
ex 0910 10 ginger
ex 0910 30 00 turmeric
ex 0603 90 00 tropical flowers (hybrid anthurium,
Canna indica)
2 500 000
units30,00
ECU/100
units31,50
ECU/100 unitsex 0603 10 orchids
0603 10 11 roses
0603 10 51 roses!
B1998R1524 — EN — 01.01.2001 — 003.001 — 16
Part B: Maximum quantities referred to in Article 12 for each period from
1 January to 31 December
CN code Product Quantity (kg)
ex 0905 00 00 green vanilla 75 000
3301 21 essential oil of geranium 12 500
3301 26 essential oil of vetiver 2 500!B1998R1524 — EN — 01.01.2001 — 003.001 — 17
ANNEX III
Part A: Products referred to in Article 13(1)
Maximum quantities per marketing year referred to in Article 13(2)Amounts of aid referred to in Article 14(3)
Column I Column II Column III Column IV
Amount of aid Amount of aid
Product category CN code Product Quantity (tonnes) Aid ECU/100 kg
Aex 0703 10 onions for rougail and achards
8 32021,56ex 0706 10 00 carrots for rougail and achards
ex 0714 90 christophines, breadfruit
0803 00 11 plantains
ex 0804 30 00 pineapples
ex 0804 50 00 guavas
0810 10 strawberries
ex 0810 90 85 strawberry guavas
ex 0810 90 85 ambarellas
Bex 0704 90 cabbage for rougail and achards
1 55035,440714 10 manioc
0714 20 10 sweet potatoes
ex 0714 90 dachines
ex 0709 90 90 turban squash
ex 0805 20 tangor mandarins
0805 30 90 limes
0807 20 00 papaws (papayas)
ex 0810 90 30 jackfruit, lychees
ex 0810 90 40 carambolas
ex 0810 90 85Antilles apricots, rambutans, Surinam
cherries, soursops
C0703 20 00 garlic for rougail and achards
56041,210709 60 99 peppers
ex 0703 20 beans for rougail and achards
ex 0714 90 yams
ex 0804 50 00 mangoes
ex 0805 90 00 combava
ex 0810 90 40 passion fruit
Part B: Finished products referred to in Article 14(1)
CN code Product
ex 0710 vegetables, frozen, uncooked
ex 0712 dried vegetables
ex 0714 dried vegetables
2001 fruit and vegetables preserved by vinegar or acetic acid
2004 90 98 frozen vegetables
ex 2005 90 vegetable preserves and vegetables, vacuum sterilised
ex 2006 00 fruit preserved in sugar
2007 jams, fruit jellies, marmalades, fruit or nut purée and pastes
ex 2008 fruit pulps
2009 fruit juices!B1998R1524 — EN — 01.01.2001 — 003.001 — 18
ANNEX IV
TABLE OF EQUIV ALENCE
Regulation (EC) No 489/97 This Regulation
Chapter I Chapter II
Article 1 Article 4
Article 2 Article 5Article 3 Article 6Article 4 Article 7Article 5 Article 8
Chapter II Chapter III
Article 6 Article 9
Article 7 Article 10Article 8 Article 11
Chapter III Chapter V
Article 10 Article 22
Article 11 Article 24!
B1998R1524 — EN — 01.01.2001 — 003.001 — 19