1992R2075 — EN — 05.06.2003 — 010.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No2075/92
of30June1992
onthecommonorganizationofthemarketinrawtobacco
(OJ L 215, 30.7.1992, p. 70)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
►M2Council Regulation (EC) No 711/95 of 27 March 1995 L 73 13 1.4.1995
►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 660/1999 of 22 March 1999 L 83 10 27.3.1999
►M8Council Regulation (EC) No 1336/2000 of 19 June 2000 L 154 2 27.6.2000
►M9Council Regulation (EC) No 546/2002 of 25 March 2002 L 84 4 28.3.2002
►M10Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COUNCILREGULATION(EEC)No2075/92
of30June1992
onthecommonorganizationofthemarketinrawtobacco
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 acommonagricultural policy to in clude inparticular a commonorgan i-zation of markets which may take various forms depending on theproduct;
Whereas it is the purpose of the commonagricultural policy to achieve
the objectives of Article 39 of the Treaty, an d, inparticular inthe rawtobacco sector, the stabilization of markets and a fair standard of livingfor the agricultural population concerned; whereas these objectives may
be 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 the
Community arrangements which have governed the market hitherto,
while ensuring the continuation of tobacco growing by the traditionalproducers; whereas such anoverhaul requires simplificationof 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 mechanisms
fully achieve the objectives of the common market organization;
Whereas tobacco varieties canbe classified ingroups accordin g to
cultivation technique and production costs, taking account of thedescriptions used in international trade;
Whereas competitiononthe 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 which guar-antee stable outlets to the growers and regular supplies to theprocessor; whereas payment of a sum equivalent to the premium by
the processor to the producer at the time of delivery of the tobacco
covered by the contract, subject to compliance with the quality require-ments, provides support for the growers while facilitating managementof the premium system;
Whereas, in order to limit Community tobacco production and to
discourage the productionof varieties which are n ot readily disposedof, a maximum global guarantee threshold should be laid down forthe Community and divided annually into specific guarantee thresholdsfor the respective groups of varieties;
Whereas, to ensure that the guarantee thresholds are observed, a
processing quota system must be instituted for a limited period;whereas for a transitional period the Member States must allocate,within the guarantee thresholds, processing quotas to the firmsconcerned, the Community rules laid down for the purpose being1992R2075 — EN — 05.06.2003 — 010.001 — 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.
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applied to ensure fair allocation on the basis of quantities processed in
the past, but disregarding any abnormal production levels; whereas thenecessary measures will be taken to permit the quotas to be allocated to
the producers subsequently, under satisfactory conditions; whereas
Member States possessing the necessary data to allocate quotas toproducers onthe basis of past performan ce, should be authorized todo so;
Whereas first processors must not conclude cultivation contracts for
quantities exceeding the quotas allocated; whereas reimbursement of
the premium must be limited to an amount corresponding to the quota;
Whereas provision should be made initially for the premium and
productionlimitationsystems to runun til 1997 so that they canbereviewed in the light of experience and possibly adapted for the subse-quent period;
Whereas measures to orientate production can help to stabilize the
tobacco market and improve the quality of production; whereas specificaid 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 premium
will enable tobacco growing to be brought more closely into line with
Community requirements as regards public health; whereas, lastly, aconversion programme for growers of Mavra, Tsebelia, ForchheimerHavanna IIc and hybrids of Geudertheimer tobacco is necessarybecause of 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 without
protection against any disturbance, the Community should be able to
take all the necessary measures without delay;
Whereas unforeseen market circumstances may necessitate the adoption
by the Commissionof exception al market support measures;
Whereas the achievement of a single market would be jeopardized by
the grant of certain aids; whereas the Treaty provisions governing the
appraisal of aids granted by Member States and the prohibition of aidsincompatible with the common market should be applied to the tobaccosector;
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
incurred by 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
deal with the specific requirements of the tobacco market;
Whereas the commonorgan izationof the tobacco market must take
account, simultaneously and appropriately, of the objectives laid downinArticle 39 an d 110 of the Treaty;
Whereas the transition from the arrangements instituted by Council
Regulation(EEC) No 727/70 of 21 April 1970 onthe commonorgan i-
zationof the market inraw tobacco (
2), to the arrangements provided
for herein must take place in the best possible conditions; whereas tran-sitional measures may prove necessary to ensure this; whereas the new1992R2075 — EN — 05.06.2003 — 010.001 — 3
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulationas last amen ded 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. Regulationas last amen ded by Regulation
(EEC) No 860/92 (OJ No L 91, 7. 4. 1992, p. 1).
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arrangements should not become fully applicable until the 1993
harvest,
HAS ADOPTED THIS REGULATION:
Article 1
The commonorgan izationof the market inraw tobacco shall comprise
rules on:
— a premium 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 inthe followin g 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 inthe 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 ineach group are listed inthe An n ex.
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 ineach of 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 harvestand the premium 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 tofacilitate the disposal of tobacco produced inthe Commun ity.
Article 4
1. Inaccordan ce with the procedure laid downinArticle 43 (2) of
the Treaty, the Council shall fix the amount of the premium and the1992R2075 — EN — 05.06.2003 — 010.001 — 4
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supplementary amounts for each tobacco harvest, taking particular
account of past and foreseeable possibilities for the disposal of thevarious types of tobacco, under normal conditions of competition, on
the Community and world markets.
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 2001harvest. 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 distributionto the members of the group or to in dividualproducers who are not members of a group.
4. The variable part shall be paid to producer groups for distribution
to each member inproportionto 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 productionarea 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 not
members of a group.
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 agroup, 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 his
own 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 deliv-
ered by a producer into a stable, storable product put up in
uniform bales of 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,1992R2075 — EN — 05.06.2003 — 010.001 — 5
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— a commitment by the producer to deliver to the first processor the
raw tobacco meeting the quality requirements specified in thecontract.
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 in
the first indent of paragraph 3, pay:
— the fixed part of the premium to the producer group or to the indi-
vidual producer not a member of a group,
— 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 makes it appropriate,
apply to the producer groups which wish to participate init a cultiva-
tioncon tract auctionscheme as referred to inparagraph 1 for a
particular variety group where it is concluded before the date on whichdelivery of the tobacco commences.
Article 7
Rules for the applicationof this Title shall be adopted inaccordan ce
with the procedure laid downinArticle 23.
Their scope shall include:
— delimitationof productionzon es 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,
— actionto be takenif 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
Systemofproductionlimitation
Article 8
A maximum overall guarantee threshold of 350600 tonnes of raw leaf
tobacco per harvest shall be set for the Community.
Within that quantity the Council shall set individual guarantee thresh-
olds 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
inArticle 43(2) of the Treaty, shall allocate the quan tity available foreach variety group betweenproducer Member States for three con secu-tive harvests.1992R2075 — EN — 05.06.2003 — 010.001 — 6
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3. On the basis of the quantities set pursuant to paragraph 2 and
without prejudice to paragraphs 4 and 5, Member States shall assignproduction quotas to individual producers who are not members of a
producer group and to producer groups, in proportion to the average
quantity of tobacco of the particular variety group delivered for proces-sing by each individual producer over the three years preceding that ofthe most recent harvest.
4.►
M8Before the final date for the conclusion of cultivation
contracts, Member States may be authorised to transfer parts of their
guarantee threshold allocations to other variety groups. ◄
Subject to the third subparagraph, a one-tonne reduction in the alloca-
tion for one variety group shall give rise to an increase of at most onetonne in 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 downinArticle 23.
5. Producer Member States shall be entitled to create a national
quota reserve, the rules of operationof 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
productionof up to 10 % of his quota for each variety group, thissurplus being eligible for the premium granted on the followingharvest, provided that he reduces his productionfor that harvest accord-
ingly so that the combined quota for the two harvests is observed.
3. Member States shall keep accurate data onthe productionof all
individual producers so that, where appropriate, production quotas canbe assigned to them.
4. Production quotas may be transferred between individual produ-
cers inthe same Member State.
Article 11
Rules for the applicationof this Title shall be adopted inaccordan ce
with the procedure laid downinArticle 23.
TITLE III
Measurestoconvert production
Article 12
The specific aid referred to inArticle 4a shall be paid to producer
groups for the purposes of improving respect for the environment,
boosting production quality, strengthening management and ensuringcompliance with Community rules within the group.
Article 13
1. A Community Tobacco Fund (hereinafter ‘Fund’) shall be set up,
financed by a deduction of:
— 2 % of the premium for the 2002 harvest,
— 3 % of the premium for the 2003 harvest,
The Commissionshall submit before 31 December 2003 a report onthe
use of the appropriations from the Fund, which could be accompanied,1992R2075 — EN — 05.06.2003 — 010.001 — 7
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if necessary, by a proposal for the percentage of the deduction for the
Fund to be increased by up to 5 % for the 2004 harvest.
2. The Fund shall finance action in the following areas:
(a) improving public awareness of the harmful effects of all forms of
tobacco consumption, in particular through information and educa-tion, support for the collection of data to establish tobaccoconsumption patterns and to conduct epidemiological studies onnicotinism in the Community, and a study on preventing nico-tinism;
(b) as part of the programme referred to inArticle 14(1), specific
measures to help tobacco growers to switch to other crops or other
economic activities that create employment and studies of thepossibilities for tobacco growers to do so.
Article 14
1. Inorder to facilitate the volun tary departure from the sector by
individual producers, a quota buy-back programme with correspondingreductionof the guaran tee thresholds referred to inArticle 8 shall beset up.
2. Rural development programmes for the conversion of tobacco-
growing regions in difficulty to other activities may be implementedunder Community structural policies.
Article 14a
Rules for the applicationof this Title shall be adopted inaccordan ce
with the procedure laid downinArticle 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 inArticle 12(1),
— setting the level of the quota buy-back 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 varietiesto be exempted from the quota buy-back system, which may notaffect more than25 % of each Member State's guaran tee threshold,
— definition of a period of not more than 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 beforeit is actually bought back.
TITLE IV
Tradewiththirdcountries
Article 15
Unless this Regulation provides otherwise, the rates of duty in the
CommonCustoms Tariff shall apply to the products listed inArticle 1.
Article 16
1. The general rules for the interpretation of the combined nomen-
clature and the special rules for its application shall apply to theclassificationof products covered by this Regulation .1992R2075 — EN — 05.06.2003 — 010.001 — 8
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2. Save as otherwise provided for inthis Regulationor inprovision s
adopted pursuant thereto, the following shall be prohibited in tradewith third 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 inArticle 1 is affected by, or is threa-tened with, serious disturbance likely to jeopardize the achievement ofthe objective set out inArticle 39 of the Treaty, appropriate measuresmay 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,
shall adopt the general rules for the application of this paragraph andshall define in what cases and within what limits Member States maytake protective measures.
2. If the situationreferred to inparagraph 1 arises, the Commission
shall, at the request of a Member State or onits ownin itiative, decideupon the necessary measures; the Member States shall be notified of
such measures, which shall be immediately applicable. If the Commis-
sionreceives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. Measures decided uponby the Commissionmay be referred to
the Council by any Member State within three working days of theday on which they were notified. The Council shall meet withoutdelay. It may, acting by a qualified majority, amend or annul the
measure inquestion .
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
Controlmeasures
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 signcultivationcon tracts.
3. Entitlement shall be withdrawn by the Member State if the
processor deliberately or through serious negligence fails to complywith the 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 takecopies or extracts,
— to be able to obtain all relevant information, particularly in order to
check that tobacco delivered has actually beenprocessed,
— to obtainexact figures for the volume an d purchase price of the
productionof all in dividual producers,
— to check the quality of the tobacco and payment by the processor of
a purchase price to the individual producer,1992R2075 — EN — 05.06.2003 — 010.001 — 9
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— to check each year the areas planted by individual producers.
5. Rules for the applicationof this Title shall be adopted inaccor-
dance with the procedure laid down in Article 23.
TITLE VI
General andtransitionalprovisions
Article 18
Except where this Regulationprovides otherwise, Articles 92, 93 an d
94 of the Treaty shall apply to productionof an d trade inthe productsreferred to inArticle 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)No 729/70.
Article 20
To deal with unforeseen circumstances, exceptional market support
measures may be takeninaccordan ce with the procedure laid downin
Article 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 informa-
tion necessary for the application of this Regulation. Detailed rules forthe sending and dissemination of such information shall be adopted inaccordance 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 Commission shall be assisted by the Management Committee
for Tobacco.
2. Where reference is made to this Article, Articles 4 and 7 of Deci-
sion1999/468/EC (
1) shall apply.
The period laid downinArticle 4(3) of Decision1999/468/EC shall be
set at one month.
3. The Commissionshall adopt its Rules of Procedure.
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 aMember State.1992R2075 — EN — 05.06.2003 — 010.001 — 10
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Article 25
This Regulation must be applied in such a way that account is taken,
simultaneously and appropriately, of the objectives laid down in Arti-
cles 39 and 110 of the Treaty.
Article 26
Before 1 April 2002, the Commissionshall submit a report to the
European Parliament and to the Council on the functioning of thecommonorgan isationof the market inraw 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 downinthis Regulation , such measures shall be adopted inaccor-
dance with the procedure laid down in Article 23.
Where transitional measures prove necessary to facilitate the applica-
tion of the amendments to this Regulation introduced by Regulation(EC) No 1636/98 (
1), such measures shall be adopted inaccordan ce
with the procedure laid downinArticle 23.
Article 28
Regulation(EEC) No 727/70 is repealed with effect from the 1993
harvest.
Article 29
This Regulationshall apply from the 1993 harvest.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1992R2075 — EN — 05.06.2003 — 010.001 — 11
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ANNEX
CLASSIFICATIONOFTOBACCOVARIETIES
I. FLUE-CURED
Virginia
Virginia D and hybrids thereof
Bright
II. LIGHT AIR-CURED
BurleyBadischer Burley and hybrids thereof
Maryland
III. DARK AIR-CURED
Badischer Geudertheimer, Pereg, KorsoParaguay and hybrids thereofDragonVert an d 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 — 05.06.2003 — 010.001 — 12
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VI. Basmas
VII. Katerini and similar varieties
VIII. Kaba Koulak (classic)
Elassona
Myrodata Agrinion
Zichnomyrodata1992R2075 — EN — 05.06.2003 — 010.001 — 13