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"B COMMISSION REGULATION (EC) No 504/97
of 19 March 1997
laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system
of production aid for products processed from fruit and vegetables
(OJ L 78, 20.3.1997, p. 14)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1491/97 of 29 July 1997 L 202 27 30.7.1997
"M2 Commission Regulation (EC) No 1590/98 of 23 July 1998 L 208 11 24.7.1998
"M3 Commission Regulation (EC) No 702/1999 of 31 March 1999 L 89 26 1.4.1999
"M4 amended by Commission Regulation (EC) No 1461/1999 of 2 July
1999 L 168 8 3.7.1999
"M5 Commission Regulation (EC) No 1607/1999 of 22 July 1999 L 190 11 23.7.1999
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) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1997R0504 — EN — 26.07.1999 — 004.001 — 1
COMMISSION REGULATION (EC) No 504/97
of 19 March 1997
laying down detailed rules for the application of Council Regulation (EC)
No 2201/96 as regards the system of production aid for products
processed from fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on
the common organization of the markets in processed fruit and vegetable
products (
1), and in particular Articles 1 (3), 4 (9) and 6 (5), 25, 26 and 27 (1)
thereof,
Whereas Regulation (EC) No 2201/96 introduces a system of production aid
for the products listed in Annex I thereto and obtained from fruit andvegetables harvested in the Community;
Whereas the products on which the aid is payable, and their marketing years,
should be defined with a view to ensuring a uniform application of the
arrangements;
Whereas, with a view to facilitating the way the arrangements operate, the
authorities should be apprised of each processor wishing to qualify under the
system; whereas processors should also notify the authorities of the
information needed to ensure that the system operates correctly;
Whereas the new system must be capable of operating from the outset with a
sufficient number of producer organizations; whereas, in accordance and by
analogy with Council Regulation (EC) No 2202/96 of 28 October 1996introducing a Community aid scheme for producers of certain citrus fruits (
2),
the term ‘producer organizations … provisionally authorized’in the first
subparagraph of Article 2 (2) of Regulation (EC) No 2201/96 must be
interpreted as covering not only producer organizations provisionallyrecognized by virtue of Article 14 of Regulation (EC) No 2200/96 of 28October 1996 on the common organization of the market in fruit and
vegetables (
3) but also producer organizations as referred to in Article 13 of
that Regulation;
Whereas the production aid system is based on contracts between producer
organizations recognized or provisionally recognized pursuant to Regulation
(EC) No 2200/96 or individual producers during the period referred to in thesecond subparagraph of Article 2 (2) of Regulation (EC) No 2201/96, on theone hand, and processors, on the other hand; whereas, producers and producer
organizations may also act as processors in certain circumstances; whereas
the types of contracts and the particulars to be included therein should bespecified with a view to the application of the aid system;
Whereas, such contracts must be concluded before the beginning of each
marketing year; whereas the parties thereto should nevertheless be authorized
to increase, by way of amendments thereto and within a definite ceiling, thequantities originally stipulated therein, so that the system may be as efficient
as possible;
Whereas the tomato harvest depends on the area planted during the year in
question and may accordingly vary substantially from year to year; whereasthe quantities available for processing are consequently subject to fluctu-
ations; whereas, in order to encourage producers to take account of the real
needs of the processing industry and to adjust their areas planted inconsequence, provision should be made for a system of preliminary contracts;whereas such contracts should be concluded before the planting period, in
such a way that any planted area will produce only such quantities as can later
be disposed of for processing;
Whereas the number of aid applications to be submitted by processors must be
determined in line with processing; whereas aid applications must include all
particulars necessary for calculating the aid to be paid to processors;!B
(1) OJ No L 297, 21. 11. 1996, p. 29.
(2) OJ No L 297, 21. 11. 1996, p. 49.
(3) OJ No L 297, 21. 11. 1996, p. 1.1997R0504 — EN — 26.07.1999 — 004.001 — 2
Whereas, the system of production aid set up by Regulation (EC) No 2201/96
is based essentially on direct relations between producer organizations andprocessors and on the obligation as to the minimum price; whereas it shouldbe provided that a price at least equal to the minimum price for the raw
material is to be paid direct by the processor to the producer organization by
bank or postal transfer; whereas, in order to administer the system rationallyand to facilitate controls, that obligation should be deemed to have beendischarged once the processor has made the abovementioned transfer;
Whereas, in return for the obligations imposed on processors of processed
tomato products, provision should be made for the possibility of provisionalpayment of part of the production aid; whereas such provisional payments
must be subject to the lodging of a security guaranteeing reimbursement in
cases where the conditions for receiving provisional production aid are notobserved;
Whereas the quota system for processed tomato products provided for in
Article 6 (2), (3) and (4) of Regulation (EC) No 2201/96 stipulates thatquantities produced in excess of the quotas for which at least the minimumprice was paid should be taken into account when apportioning annual quotas
among the Member States and among undertakings; whereas, as a
consequence, such quantities, which do not qualify for production aid, shouldbe subject to the same provisions mutatis mutandis as quantities covered by
the quotas;
Whereas, with a view to the correct application of the production aid system,
processors should be under an obligation to keep suitable updated records for
the purposes of any inspections and checks deemed necessary;
Whereas experience gained in the administration of the production aid system
calls, on the one hand, for the provisions on controls to be stepped up byproviding for checks to be carried out on a sufficiently representative number
of aid applications and, on the other hand, for certain penalties to be laid down
for failure by processors to comply with the legislation and in particular forany false declarations;
Whereas the measures provided for in this Regulation are to replace those laid
down in Commission Regulation (EEC) No 1558/91 of 7 June 1991 layingdown detailed rules for the application of the system of production aid for
products processed from fruit and vegetables (
1), as last amended by
Regulation (EC) No 2529/95 (2); whereas that Regulation should accordingly
be repealed;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Products Processed from Fruit
and Vegetables,
HAS ADOPTED THIS REGULATION:
TITLE I
General provisions
Article 1
1. For the purposes of this Regulation:
(a)producer means any natural or legal person who grows on his holding raw
material intended for processing;
(b)individual producers means producers not affiliated to any collective
body, as referred to in the second subparagraph of Article 2 (2) of
Regulation (EC) No 2201/96;
(c)producer organizations means producer organizations as referred to in
Articles 11 and 13 of Regulation (EC) No 2200/96 and producer
organizations recognized provisionally by virtue of Article 14 thereof;
(d)associations of producer organizations means associations as referred to
in Article 16 (3) of Regulation (EC) No 2200/96;!B
(1) OJ No L 144, 8. 6. 1991, p. 31.
(2) OJ No L 258, 28. 10. 1995, p. 52.1997R0504 — EN — 26.07.1999 — 004.001 — 3
(e)processor means a processing enterprise operating, for economic ends
and under its own responsibility, one or more plants having facilities formanufacturing one or more of the products listed in Annex I toRegulation (EC) No 2201/96;
(f)association of processors means an association of processors recognized
by a Member State.
2. For the purposes of the system of production aid:(a)peaches in syrup and/or in natural fruit juice means whole peaches or
pieces of peaches, without peel, having undergone a heat treatment,packed in hermetically sealed containers with a covering liquid of sugar
syrup or natural fruit juice and covered by CN codes ex 2008 70 61,
ex 2008 70 71, ex 2008 70 71, ex 2008 70 79, ex 2008 70 92,ex 2008 70 94 and ex 2008 70 99.
"M2Products to be used for
making the product indicated at point (q) shall be packed in appropriate
containers; 3
(b)Williams and Rocha pears in syrup and/or in natural fruit juice means
pears of the Williams or Rocha varieties, whole or in pieces, without peel,having undergone a heat treatment, packed in hermetically sealed
containers with a covering liquid of sugar syrup or natural fruit juice and
covered by CN codes ex 2008 40 51, ex 2008 40 59, 2008 40 71,ex 2008 40 91, ex 2008 40 91 and ex 2008 40 99.
"M2Products to
be used in making the product indicated at point (q) shall be packed in
appropriate containers; 3
(c)prunes means prunes obtained from dried plums of the prunes d’Ente
variety which have been suitably treated or processed and are packed inappropriate containers, covered by CN code ex 0813 20 00 and ready to
be offered for human consumption;
(d)dried figs means dried figs, including fig paste, which have been suitably
treated or processed and are packed in appropriate containers, covered byCN code ex 0804 20 90 and ready to be offered for human consumption;
(e)unprocessed dried figs means dried figs which have not been treated in
such a way that they are ready to be offered for human consumption;
(f)whole peeled quick-frozen tomatoes means peeled tomatoes of the San
Marzano, Roma or similar varieties, frozen, packed in appropriatecontainers and covered by CN code ex 0710 80 70, where not less than
90 % of the net weight of the tomatoes consists of whole tomatoes not
showing any damage which substantially alters their appearance. Thatpercentage shall be determined after the tomatoes have been thawed;
(g)non-whole quick-frozen tomatoes means pieces of peeled tomatoes of the
San Marzano, Roma or similar varieties, or round varieties which are as
easy to peel as the said varieties, preserved by freezing, packed in
appropriate containers and covered by CN code ex 0710 80 70;
(h)whole peeled preserved tomatoes means peeled tomatoes of the San
Marzano, Roma or similar varieties, having undergone a heat treatment,
packed in hermetically sealed containers and covered by CN code
ex 2002 10 10, where not less than 65 % of the weight of the drainedtomatoes consists of whole tomatoes which do not show damage whichsubstantially alters their appearance;
(i)non-whole peeled preserved tomatoes means peeled tomatoes in pieces or
partially crushed of the San Marzano, Roma or similar varieties, or round
varieties which are as easy to peel as the said varieties, having undergonea heat treatment, packed in hermetically sealed containers and covered by
CN code ex 2002 10 10.
"M2Products to be used in making the
product indicated at point (r) shall be packed in appropriate containers;
3
(j)tomato flakes means flakes obtained by drying tomatoes cut into slivers
or small cubes, packed in appropriate containers and covered by CN codeex 0712 90 30;
(k)tomato juice means juice obtained direct from fresh tomatoes, the juice
being strained free from skins, pips and other coarse parts and having,where applicable after concentration, a dry weight content of less than
12 %, packed in hermetically sealed containers and covered by CN codes
ex 2002 90 11, 2002 90 19, 2009 50 10 and 2009 50 90.
"M2Juices!B
!M2
!B1997R0504 — EN — 26.07.1999 — 004.001 — 4
with a dry matter content of at least 7 % may however contain skin and
pips constituting up to 4 % by weight of the product; 3
(l)tomato concentrate means the product obtained by concentrating tomato
juice, packed in appropriate containers, having a dry weight of 12 % or
more and covered by CN codes ex 2002 90 31, ex 2002 90 39,
ex 2002 90 91 and ex 2002 90 99. However, certain preparations ofconcentrate having a dry weight of not more than 18 % may contain notmore than 4 % skin and pips by weight of product;
(m)whole unpeeled preserved tomatoes means whole unpeeled tomatoes of
the Roma or similar varieties or of the round varieties, having undergone
a heat treatment, packed in hermetically sealed containers, lightly brined(natural preparation) or in tomato purée (tomato purée or juice
preparation), where not less than 65 % of the weight of the drained
tomatoes consists of whole tomatoes not showing any damage whichsubstantially alters their appearance, and covered by CN codeex 2002 10 90;
(n)non-whole unpeeled preserved tomatoes means tomatoes in pieces or
crushed, of the Roma or similar varieties or of the round varieties, havingbeen slightly strained, whether or not slightly concentrated, packed inhermetically sealed containers where the dry weight content is between
4,5 % and 14 %, and covered by CN code ex 2002 10 90;
(o)sugar syrup means a liquid in which water is combined with sugars and
which has a total sugar content determined after homogenization of notless than 14 % in respect of fruits in syrup;
(p)natural fruit juice means a covering liquid with a minimum of 10,5° Brix,
consisting solely of juice extracted mechanically from fermentable but
unfermented fruit, or of juice obtained from concentrated fruit juice bythe restoration of the proportion of water extracted during concentrationas defined in Council Directive 93/77/EEC (
1), without added sugar;
(q)mixed fruit means mixtures of fruit, whole or in pieces having undergone
a heat treatment, with a covering liquid of sugar syrup or natural fruit
juice, packed in hermetically sealed containers in which the total drainednet weight of the products indicated at (a) and (b) accounts for at least60 % of the total net drained weight, and made during the period
indicated in Article 2(2) in the same establishment as the products
indicated at (a) and (b) used;
(r)prepared sauces means tomato-based preparations obtained by mixing
non-whole peeled preserved tomatoes as indicated at point (i) or tomato
concentrate as indicated at point (l) with other products of plant or animal
origin except fresh tomatoes, having undergone a heat treatment, packedin hermetically sealed containers in which the net weight of the productsindicated at points (i) and (l) accounts for at least 60 % of the total net
weight, and of which the tomato component is covered by CN codes
ex 2002 90 31, ex 2002 90 31 or ex 2002 90 39. These products must bemade during the period indicated in Article 2(2) in the same establish-ment as the products indicated at points (i) and (l) used.
3. Products as referred to in paragraph 2 (a), (b) and (c) shall not include
fruit preserved by sugar as defined in CN code 2006 00 that is subsequentlypacked with a covering liquid of sugar, nor shall they include fruit purées andother crushed fruit preparations.
4. Tomato juice and tomato concentrate to be added to preserved tomatoes
shall be products on which production aid has not been, and will not be,applied for. The weight of the tomato juice and tomato concentrate added tosuch products shall be included in the net weight of the tomatoes themselves,
whether peeled or unpeeled.!B
(1) OJ No L 244, 30. 9. 1993, p. 23.!M2
!B1997R0504 — EN — 26.07.1999 — 004.001 — 5
TITLE II
Marketing years
Article 2
1. The marketing years within the meaning of Article 1 (3) of Regulation
(EC) No 2201/96 for the products referred to in Article 1 (2) of thisRegulation shall run:
(a) from 15 June to 14 June for:
— peeled frozen tomatoes, whether or not cooked, covered by CN code
ex 0710 80 70,
— tomato flakes covered by CN code ex 0712 90 30,
— prepared or preserved tomatoes covered by CN code ex 2002,— tomato juice covered by CN code 2009 50,— peaches in syrup and/or in natural fruit juice covered by CN code
ex 2008 70;
(b) from 1 August to 30 July for dried figs covered by CN code
ex 0804 20 90;
(c) from 15 July to 14 July for Williams and Rocha pears in syrup and/or in
natural fruit juice covered by CN code ex 2008 40;
(d) from 1 September to 31 August for prunes obtained from dried plums of
theprunes d’Ente variety, covered by CN code ex 0813 20 00;
2. Production aid shall be granted solely on products delivered to the
processing industry in the following delivery periods:
(a) tomatoes: between 15 June and 25 November,(b) peaches: between 15 June and 25 October,(c) Williams and Rocha pears: between 15 July and 15 December,(d) prunes obtained from plums of the prunes d’Ente variety: between 1
September and
"M515 January 3,
(e) dried figs: between "M51 August 3 and 15 June.
TITLE III
Information forwarded by processors
Article 3
"M21.3Processors wishing to qualify under the system of aid shall so
inform the competent authorities of the Member States by 15 Januarypreceding the marketing year in which aid applications are to be made, givingall information required by the Member State with a view to the adminis-
tration and monitoring of the system of aid. Member States may decide that
such information shall:
(a) be notified by new processors only, where they have already received the
necessary information concerning other processors;
(b) cover one or more marketing years or an unlimited period.
2. Processors wishing to use the products eligible for production aid
indicated at points (a), (b), (i) and (l) of Article 1(2) to prepare mixed fruit orprepared sauces as indicated at points (q) and (r) of Article 1(2) shall notify
the competent authorities of the Member State, before the beginning of the
marketing year, of the composition of the products to be made, specifying thenet weight of each component. This composition may not be altered after thebeginning of the marketing year.
For the 1998/99 marketing year however this information shall be notified to
the competent authorities within one month of entry into force of this
Regulation.!B
!M2
!B
!M21997R0504 — EN — 26.07.1999 — 004.001 — 6
Article 4
1. At least five working days before commencement of processing each
marketing year, processors shall inform the competent authorities of the week
in which they so begin processing. The processor shall be deemed to havefulfilled this requirement if he furnishes proof that he has sent the said
information at least eight working days before the abovementioned deadline.
2. In exceptional, duly justified cases, Member States may accept
notifications after the deadlines laid down in paragraph 1; however, in suchcases no aid shall be granted in respect of quantities already processed and on
which the necessary checks on compliance with the conditions for granting
the aid cannot be conducted to the satisfaction of the competent authorities.
Article 5
Each year processors as referred to in Article 3 shall notify the agency
designated by the Member State of the following:
1. in the case of peaches, pears and tomatoes:
(a) by 1 November:
(i) the quantity of raw material delivered before 22 October and
entered in the records of raw materials, and the quantity of raw
material scheduled to be delivered during the remainder of the
delivery period as defined in Article 2 (2). The quantity to benotified shall be that used or intended to be used for processinginto finished products as defined in Article 1 (2), broken down
into:
— the quantity in respect of which the production aid has been
or is to be applied for,
— the quantity in respect of which the production aid has not
been or will not be applied for.
In the case of tomatoes, the quantity referred to in the second
indent shall be broken down into the quantities for which at leastthe minimum price has and has not been paid;
(ii) the quantity of finished products obtained or likely to be
obtained from the quantities of fresh products referred to in point
(i).
In the case of processed tomato products, the quantity of
finished products to be notified in respect of each category of
raw material as referred to in point (i) shall be broken down into:
— tomato concentrate of a dry-matter content by weight of
28 % or more but less than 30 %,
— preserved whole peeled tomatoes of the San Marzano
variety,
— preserved whole peeled tomatoes of the Roma or similar
varieties,
— other processed tomato products;
(iii) the quantities, expressed in net weight, of finished products in
stock at the end of the preceding marketing year, broken down
into products sold and products unsold and, in the case ofprocessed tomato products, further broken down in accordancewith point (ii);
(b) by 20 January, the quantities referred to in point (a) (ii) in stock at 31
December, broken down into products sold and products unsold.
"M2These notifications shall state separately the quantities of the
products indicated at points (a), (b), (i) and (l) of Article 1(2) used to
make the products indicated at points (q) and (r) of Article 1(2);
notifications under (a)(ii) shall state separately the quantitiesobtained of the products indicated at points (q) and (r) of Article1(2), broken down according to the products indicated at points (a),
(b), (i) and (l) of Article 1(2) used;
3
2. in the case of dried figs and prunes, by 15 May:
(a) the quantity of raw material used at 1 May;!B1997R0504 — EN — 26.07.1999 — 004.001 — 7
(b) the quantity of finished products obtained from the raw material as
referred to in (a), broken down into products on which aid is paid andproducts on which aid is not paid and into quality classes;
(c) the quantity of products referred to in (a) and (b) in stock at 1 May,
broken down into products sold and products unsold.
TITLE IV
Contracts
CHAPTER I
Preliminary contracts
Article 6
1. In the case of tomatoes, preliminary contracts shall be concluded by 16
February each year, pending the conclusion of contracts as referred to in
Article 7 (1). Member States may defer that date to 16 March.
However, during the period referred to in the second subparagraph of Article
2 (2) of Regulation (EC) No 2201/96, preliminary contracts may be concluded
by individual producers. Where individual producers become full members of
a producer organization between the conclusion of the preliminary contractand that of the processing contract, the rights arising under preliminary
contracts shall be transferred to the producer organization in question.
2. Preliminary contracts shall bear an identification number and shall
include the particulars specified in Article 7 (2) (a) and (b), the area plantedand the estimated quantity of tomatoes to be harvested on that area.
3. A copy of the preliminary contract shall be forwarded by the processor or
the association of processors to the agency referred to in Article 8 (1) so as toreach the latter within 10 working days of the conclusion of that contract.
The provisions of Article 8 (2) shall apply.
4. For the purposes of the production aid system, processing contracts as
referred to in Article 7 (1) shall not be valid for tomatoes unless they cover the
total quantity of tomatoes harvested on the area stipulated in the preliminarycontract or the estimated quantity indicated therein. Processing contracts shallinclude a reference to the number of the preliminary contract.
5. Once preliminary contracts as referred to in paragraph 1 are concluded,
the producer organization or association of producer organizations andassociations of processors shall forward to the competent authorities, or shall
allow the latter to consult, a list giving the names and addresses of each
producer or each processor covered by the contract and the cadastral referencenumbers, or references recognized as equivalent by the inspection body, forthe area on which each producer is to harvest tomatoes.
6. Member States shall notify the Commission by 15 April before the
beginning of the marketing year of the quantities covered by preliminarycontracts, broken down by product group.
CHAPTER II
Processing contracts
Article 7
1. Contracts as referred to in Article 2 (2) of Regulation (EC) No 2201/96,
hereinafter referred to as ‘processing contracts’, shall be concluded in writing.They shall take one of the following forms:
(a) a contract between a producer organization or an association of producer
organizations, on the one hand, and a processor or an association ofprocessors, on the other;
(b) an undertaking covering supplies, where the producer organization or
association of producer organizations acts as processor;!B
!M2
!B1997R0504 — EN — 26.07.1999 — 004.001 — 8
(c) a contract between an individual producer, on the one hand, and a
processor or an association of processors, on the other, covering theperiod defined in the second subparagraph of Article 2 (2) of Regulation(EC) No 2201/96.
2. Processing contracts must specify:
(a) the name and address of the producer, producer organization or
association of producer organizations;
(b) the name and address of the processor or association of processors;
(c) the quantities of raw materials covered.
In the case of tomatoes, such quantities shall be broken down according
to the finished products to be obtained. Contracts shall also specify the
quantities not covered by the quota for which at least the minimum price
was paid, broken down in the same manner;
(d) the schedule for deliveries to the processor;
(e) the price to be paid to the other party to the contract for the raw materials,
excluding in particular costs connected with packing, loading, transport,unloading and the payment of taxes, which shall, where applicable, beindicated separately.
The price shall not be lower than the minimum price fixed pursuant to
Article 3 of Regulation (EC) No 2201/96;
3. The parties may decide, by written amendments to processing contracts,
to increase the quantities originally stipulated therein.
Such amendments shall be concluded by:— 15 September for tomatoes,— 15 August for peaches,
— 15 September for Williams and Rocha pears,
— 15 November for prunes obtained from plums of the prunes d’Ente variety
and dried figs.
The quantities originally stipulated in contracts may not be increased by more
than 30 %.
However, until the 2003/04 marketing year, and in the case of contracts for
dried figs intended for the production of fig pastes, amendments my beconcluded no later than 31 May and relate to no more than 100 % of the
quantities originally stipulated in the contracts.
4. Where producer organizations or, during the period referred to in the
second subparagraph of Article 2 (2) of Regulation (EC) No 2201/96,
individual producers act as processors, the processing contracts covering their
own production shall be deemed to have been concluded after the followingparticulars are forwarded to the competent authority within the time-limit laiddown in Article 8 (1):
(a) the total area on which the raw material is grown, together with cadastral
reference numbers or a reference recognized as equivalent by theinspection agency,
(b) an estimate of the total harvest,
(c) the quantity intended to be processed, broken down in the case of
tomatoes in accordance with paragraph 2 (c),
(d) the processing schedule.
5. Where the minimum price payable to the producer for a given product is
not published in the Official Journal of the European Communities fifteen
days before the beginning of the marketing year, the deadline for signature of
contracts shall, for the purposes of the fourth subparagraph of Article 2 (2) of
Regulation (EC) No 2201/96, be deemed to be the fifteenth day following thatof publication of the price.!B
!M2
!M5
!B1997R0504 — EN — 26.07.1999 — 004.001 — 9
!M1
However, for the 1997/98 marketing year, the deadline for signature for
contracts referred for in the preceding subparagraph shall be 31 July 1997.
6. In the case of tomatoes Member States shall notify the Commission
within 60 days of the deadline for signature of contracts of the quantitiescontracted, broken down by product group.
Article 8
1. Processors and associations thereof shall forward copies of processing
contracts and any amendments thereto to the agency designated by theMember State where the raw materials are produced and, where applicable, to
the agency designated by the Member State where processing takes place.
Such copies must reach the competent authorities within 10 working days ofconclusion of the contract.
2. In exceptional and duly justified cases, Member States may accept
processing contracts and amendments thereto which reach their authorities at
a later date, provided that such acceptance is compatible with the objectives ofthe system of aid and does not jeopardize the possibility of controls.
Article 9
1. Without prejudice to cases covered by Article 7 (1) (b), a price at least
equal to the minimum price shall be paid for the raw materials by processorsby bank or postoffice transfer order to producer organizations or, during the
period referred to in the second subparagraph of Article 2 (2) of Regulation
(EC) No 2201/96, to individual producers.
A producer organization shall pay the amounts referred to in the first
subparagraph in full within 15 working days by transfer order to its members
and, where applicable, to producers who market their production through the
organization in accordance with the third subparagraph of Article 2 (2) ofRegulation (EC) No 2201/96. In cases envisaged by Article 7 (1) (b) of thisRegulation, such payments may be expressed as credits.
2. Member States may adopt additional provisions relating to processing
contracts, covering in particular time-limits, terms of payment of theminimum price and damages payable by processors, producer organizationsor producers where the latter do not fulfil their obligations under contracts.
Article 10
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.
TITLE V
Aid applications
Article 11
1. Processors shall submit production aid applications to the agency
designated by the Member State on whose territory processing is carried out.
2. In the case of dried figs, processors shall submit three aid applications in
respect of each marketing year:
(a) the first relating to products processed before 30 November,
(b) the second relating to products processed from 1 December to the end of
February, and
(c) the third relating to products processed during the remainder of the
marketing year concerned.
Aid applications as referred to in (a) and (b) shall be submitted within 30
days of expiry of the processing period concerned, and, in the case ofthose referred to in (c), by 31 October of the following marketing year.!M2
!B1997R0504 — EN — 26.07.1999 — 004.001 — 10
3. In the case of prunes, processors shall submit three aid applications in
respect of each marketing year:
(a) the first relating to products processed before 31 December,
(b) the second relating to products processed from 1 January to 30 April, and(c) the third relating to products processed during the remainder of the
marketing year concerned.
Aid applications as referred to in (a) and (b) shall be submitted within 30
days of expiry of the processing period concerned and, in the case of
those referred to in (c), by 30 November of the following marketing year.
4. In the case of products processed from peaches, pears and tomatoes, aid
applications may be submitted once only per marketing year. They must reach
the competent authorities by the following dates of the marketing yearconcerned:
— 15 December for products processed from tomatoes,
— 1 February for products processed from peaches or pears.
5. In exceptional, duly justified cases, Member States may accept aid
applications after the deadlines laid down in this Article, provided that this
does not adversely affect the system of production aid.
6. Where processing takes place outside the Member State in which the
product was grown, that Member State shall furnish proof to the Member
State paying the production aid that the minimum price payable to the
producer has been paid.
Article 12
1. Aid applications shall include, in particular:
(a) the name and address of the applicant;
(b) the net weight of finished products for which a specific rate of aid is
applicable, broken down into products on which aid is and is not paid;
(c) the net weight of the raw materials used to obtain each category of
products as referred to in (b), broken down into quantities covered by
contracts signed with producer organizations and those covered by
contracts signed with individual producers.
"M2The quantities of raw
materials and of the products indicated at points (a), (b), (i) and (l) ofArticle 1(2) used to make the products indicated at points (q) and (r) of
Article 1(2) shall be stated separately;
3
(d) a declaration by the processor to the effect that the finished products
comply with the quality standards laid down pursuant to Article 8 of
Regulation (EC) No 2201/96.
2. Aid applications shall be accompanied by copies of the transfer orders
provided for in the first subparagraph of Article 9 (1). In the case of
undertakings covering supplies, such copies may be replaced by a declarationby the producer to the effect that the processor has credited him with a price atleast equal to the minimum. Such copies or declarations shall quote the
references of the relevant contracts.
Aid applications shall be unacceptable if the minimum price has not been paid
in full for all the raw materials used in the finished product covered by the aid
application.
3. For the purposes of the second subparagraph of Article 2 (2) of
Regulation (EC) No 2201/96, the quantities on which the aid is payable and
obtained from raw materials delivered under contracts concluded withindividual producers may not exceed the percentages laid down in that
subparagraph, of the total quantity of finished products obtained by the
processor in respect of which the other conditions for the granting of the aidare fulfilled.!B
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In the case of tomato-based processed products if the requirement of the
previous subparagraph is not met the quantities eligible for aid shall be
determined by applying it to each of the finished products obtained by theprocessor for which the other eligibility requirements for the aid are met.
4. In the case of processed tomato products, aid applications must also be
accompanied by the following information:
(a) in respect of products not covered by the quota for which at least the
minimum price has been paid:
— the net weight of the finished products, broken down as for the
products on which the aid is payable,
— the net weight of the raw materials used for processing into each of
the finished products referred to in the first indent,
— a declaration by the processor to the effect that the finished products
meet the quality standards laid down by the Community,
— copies of the transfer orders referred to in the first subparagraph of
Article 9 (1) or, in the case of undertakings covering supplies, of adeclaration by the producer to the effect that the processor has
credited him with a price at least equal to the minimum. Such
declarations must quote the references of the relevant contracts;
(b) in respect of products not covered by the quota for which at least the
minimum price has not been paid:
— the net weight of the finished products, broken down as for products
on which aid is payable,
— the net weight of the raw materials used for processing into each of
the finished products referred to in the preceding indent.
Article 13
1. In the case of processed tomato products, between 1 September and
"M330 October 3 processors may submit applications for payment of
provisional aid. Such applications shall include in particular:
(a) the name and address of the applicant;
(b) the net weight of the finished products processed by "M325 October
3 and covered by the provisional aid application, broken down into the
rates of aid applicable;
(c) the net weight of the tomatoes used for processing into each of the
products referred to in (b);
(d) a copy of the bank or post-office transfer orders proving payment of a
price of 50 % or more of the minimum price for the quantities of
tomatoes referred to in (c) and the references of the concluded contractsto which those quantities relate;
(e) a declaration by the processor to the effect that the products referred to in
(b) meet the quality requirements laid down by the Community.
2. The provisional production aid payable on the quantity of finished
products referred to in paragraph 1 (b) shall be paid to the processor. Theprovisional aid shall be paid subject to the lodging of a security equal to theaid, plus 10 %.
Article 12 (3) shall apply.
The provisional aid shall be paid by the competent body within 30 days of the
date of lodging of the application.
At the request of the Member State, the time-limit may, with the agreement of
the Commission, be extended to 45 days where, for duly justified reasons of
verification, the shorter time-limit cannot be met.
3. Securities shall be forfeited in proportion to any quantity in respect of
which provisional aid has been unduly applied for, without prejudice to
Article 16.
4. Without prejudice to paragraph 3, securities shall be released once
production aid based on aid applications as referred to in Article 12 is paid bythe competent authorities.!B1997R0504 — EN — 26.07.1999 — 004.001 — 12
5. Where this Article is implemented, the information and documents
referred to in Article 12 (1) and (2) shall cover the entire production ofprocessors during the marketing year concerned and aid applications shallstate that an application for provisional aid has been submitted.
TITLE VI
Checks and penalties
Article 14
1. Processors shall keep records showing at least the following:
(a) consignments of raw materials purchased and entering their premises
each day, specifying those covered by processing contracts or
amendments thereto, together with the numbers of any receipts in respectof such consignments;
(b) the weight of each consignment and the name and address of the other
party to the contract;
(c) the quantities of finished products obtained each day from processing of
the raw materials, broken down into quantities on which the aid is payableand others;
(d) in the case of processed tomato products, the quantities of finished
products obtained each day from the processing of raw materials not
covered by the quota, for which at least the minimum price was paid;
(e) 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 thelatter contain the abovementioned particulars.
2. Processors shall retain proof of payment in respect of all raw materials
purchased under processing contracts or amendments thereto.
2a. In the case of the raw materials and quantities of the products indicated at
points (a), (b), (i) and (l) in Article 1(2) used for the mixed fruit and preparedsauces indicated at points (q) and (r) of Article 1(2) the processor shall keep a
special register containing at least the information specified at points (a) to (d)
of paragraph 1, and showing:
(a) the quantities of mixed fruit and prepared sauces obtained each day,
broken down by product composition as referred to in Article 3(2);
(b) the quantities and prices of the mixed fruit and prepared sauces leaving
the processing establishment, by consignment, with details of theconsignee. This information may be replaced by references to supportingdocuments provided these contain the necessary information;
(c) the consignments of the products indicated at points (a), (b), (i) and (l) of
Article 1(2) purchased and entering the establishment each day with
details of the seller.
3. Processors shall undergo any inspections or checks deemed necessary and
shall keep such additional records as the national authorities require to
conduct any checks they deem necessary. Where an inspection or checks laiddown cannot be conducted for reasons attributable to the processor, despitethe latter’s having been formally notified thereof, no aid shall be paid in
respect of the marketing year in question.
Article 15
1. Each marketing year the competent authorities shall verify processors’
records and shall conduct on-the-spot sampling checks of aid applications
covering at least 25 % of the quantities of finished products in question, toensure, in particular, that:
(a) finished products which may be the subject of a production aid
application meet the applicable quality standards. Where the results ofanalysis of official samples are at variance with the particulars entered in
processors’ records, thereby implying that the minimum Community
quality standards have not been met, no aid shall be paid in respect of theprocessing operations in question;!B
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(b) the quantities of raw materials used for processing correspond to those
indicated in the aid application;
(c) the price paid for the raw materials processed into products as referred to
in (a) is at least equal to the minimum price laid down; and
(d) the raw materials comply with the quality requirements.
2. In the case of processed tomato products, verification of processors’
records and sampling checks as provided for in paragraph 1 shall also becarried out in respect of quantities not covered by the quota for which at leastthe minimum price has been paid.
If the products indicated at points (q) and (r) of Article 1(2) are made, in
addition to the other checks required under this Article the competentauthorities shall make frequent unannounced checks on the spot scaled to the
quantities of the products used to make them on which aid is liable to be
payable; checks shall be at least monthly during the processing period.
3. Each marketing year, the competent authorities shall also conduct
sampling checks covering:
(a) the weight of the raw materials delivered to processing plants,
(b) transfer orders as referred to in Article 9 (1).
4. Verifications undertaken pursuant to this Article shall be without
prejudice to any checks conducted subsequently by the competent authorities
or any consequences resulting from the application of the provisions in force.
5. Member States shall take all measures necessary to prevent and punish
fraud in respect of the production aid system and to ensure the correct
implementation thereof.
Article 16
1. With regard to provisional aid under Article 13, where processors do not
submit aid applications covered by Article 11 (4), the securities provided forin Article 13 (2) shall be forfeited in full and the processors shall be
disqualified from the production aid system provided for in Article 2 of
Regulation (EC) No 2201/96 for the following marketing year.
2. Where it is ascertained that the production aid on a product, applied for
by a processor in respect of any marketing year, exceeds the amount due, then
that amount shall be reduced where the difference is the result of falsedeclarations or false documents or of negligence on the part of the processor.The reduction shall be equal to twice the difference, plus interest calculated
on the time elapsing between payment and reimbursement by the recipient of
the excess amount.
The rate of interest shall be that applied by the European Monetary Institute to
operations in ecus and published in the ‘C’series of the Official Journal of the
European Communities in force at the date of over-payment, plus three
percentage points.
3. Where paragraph 2 is applied, if the difference between the aid actually
paid and the aid due exceeds 20 % of the latter, the recipient shall reimbursethe total aid paid, plus interest calculated in accordance with that paragraph; ifthat difference exceeds 30 %, the processor shall in addition forfeit any right
to production aid for the following marketing year.
4. Amounts recovered and interest due shall be paid to the competent paying
agency and deducted from expenditure financed by the European Agricultural
Guidance and Guarantee Fund.
5. Member States shall take the measures necessary to ensure compliance
with the second subparagraph of Article 9 (1). They shall make provision in
particular for the penalties applicable to the officers of producer organiz-
ations, to be commensurate with the seriousness of any misconduct on theirpart.
6. This Article shall apply without prejudice to other penalties to be adopted
in accordance with Article 25 of Regulation (EC) No 2201/96.!B
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7. Without prejudice to Article 11(5), if aid applications are submitted after
the deadline specified in that Article, aid shall be reduced by 20 % per month
or part thereof. No aid shall be granted if the application is more than twomonths late.
TITLE VII
Notifications to the Commission
Article 17
Each Member State concerned shall notify the Commission:
1. by 1 December, of the following:
(a) the estimated harvest of unprocessed dried figs, prunes, peaches,
pears and tomatoes used or intended to be used for processing into
any of the finished products referred to in Article 1 (2), broken down
in accordance with (b);
(b) the estimated production during the current marketing year of:
— tomato concentrate,— whole peeled preserved tomatoes, broken down into peeled
tomatoes of the San Marzano variety and peeled tomatoes of theRoma variety and similar varieties,
— other processed tomato products,— peaches in syrup and/or in natural juice,— Williams and Rocha pears in syrup and/or in natural juice,— dried figs,— prunes;
2. by:
— 15 February for products processed from tomatoes,— 1 April for products processed from peaches or pears,
of the following:
(a) the quantity, expressed as net weight, of finished products processed
from peaches, pears and tomatoes, broken down into products onwhich aid is paid and products on which aid is not paid;
(b) the quantity of raw materials used to manufacture the products
referred to in (a);
(c) the quantity, expressed as net weight, of products as referred to in (a)
in stock at 31 December of the preceding year, broken down into
products sold and products unsold;
(d) in the case of tomatoes, the quantities referred to in (a), (b) and (c),
further broken down by rate of aid;
(e) in the case of processed tomato products:
(i) in the case of products not covered by the quota for which at
least the minimum price was paid:
— the quantity, expressed as net weight, of finished products
covered by aid applications,
— the quantity of raw materials quoted in aid applications as
having been used to manufacture products covered by the
first indent;
(ii) in the case of products not covered by the quota for which at
least the minimum price was not paid:
— the quantity, expressed as net weight, of finished products
covered by aid applications,!B
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— the quantity of raw material quoted in aid applications as
having been used to manufacture products as referred to inthe first indent;
(iii) the quantities of finished products and raw materials as referred
to in points (i) and (ii), broken down in the same way as products
qualifying for aid;
(iv) the total area in hectares planted during the marketing year;(v) the average yield, expressed in tonnes per hectare, for the
marketing year;
(vi) the area and yield, broken down into:
— tomatoes of the San Marzano variety,
— tomatoes of the Roma and similar varieties,— tomatoes of round varieties;
(vii)the average soluble dry weight content of the tomatoes used to
make tomato concentrate;
(f) the information required under points (a) to (e) must include the
quantities of the products indicated at (a), (b), (i) and (l) of Article
1(2) used to make products as indicated at points (q) and (r) ofArticle 1(2);
(g) the total quantity made of each of the products indicated at points (q)
and (r) of Article 1(2), broken down according to the products
indicated at (a), (b), (i) and (l) of Article 1(2) used to make them.
3. by 1 June, of the following:
(a) the quantity, expressed as net weight, of prunes and dried figs,
broken down into products on which the aid is paid and products on
which the aid is not paid, and by quality class;
(b) the total quantity of dried figs and prunes obtained from plums of the
prunes d’Ente variety used in the manufacture of products as referred
to in (a);
(c) the quantity, expressed as net weight, of products as referred to in (a)
and (b) in stock at 1 May, broken down into products sold and
products unsold.
TITLE VIII
Final provisions
Article 18
Regulation (EC) No 1558/91 is hereby repealed. However, it shall remain
applicable for each product concerned until the end of the 1996/97 marketing
year.
Article 19
This Regulation shall enter into force on the seventh day following that of its
publication in the Official Journal of the European Communities .
However, the first subparagraph of Article 6 (1) concerning the closing date
for the conclusion of preliminary contracts shall not apply for the 1997/98marketing year.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
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