2001R1092 — EN — 09.06.2001 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1092/2001
of30May2001
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No2202/96introducinga
Communityaidschemeforproducersofcertain citrusfruits
(OJ L 150, 6.6.2001, p. 6)
Corrected by:
►C1Corrigendum, OJ L 195, 19.7.2001, p. 62 (1092/2001)
▼B
COMMISSIONREGULATION(EC)No1092/2001
of30May2001
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 2202/96 introducing a Community aid scheme for
producersofcertain citrusfruits
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2202/96 of 28 October
1996 introducing a Community aid scheme for certain producers ofcitrus fruits(
1), as last amended by Regulation (EC) No 2699/2000(2)
and in particular Articles 2(2), 3(4) and 6 thereof,
Whereas:
(1)Regulation (EC) No 2202/96 establishes an aid scheme for
producer organisations that deliver for processing certain citrusfruits harvested within the Community and listed in Article 1 ofthat Regulation.
(2)The marketing years and equivalent periods for citrus fruits
should be defined with a view to applying the scheme uniformly.
(3)The aid scheme for producers of certain citrus fruits is based on
contracts between producer organisations recognised or grantedpreliminary recognition under Council Regulation (EC) No 2200/
96 of 28 October 1996 on the common organisation of the market
in fruit and vegetables(
3) as last amended by Commission
Regulation (EC) No 911/2001(4), on the one hand, and
processors, on the other hand. Producer organisations may alsoact as processors in certain circumstances. The types and durationof contracts and the particulars to be included therein should be
specified for the purposes of applying the aid scheme.
(4)For each of the products referred to in Article 1 of Regulation
(EC) No 2202/96 contracts must be concluded before a givendate, so that the producer organisations can establish their plansand guarantee processors a steady supply. To ensure that the
scheme is as effective as possible, the parties to such contracts
should nevertheless be authorised to conclude amendmentsadjusting the quantities originally stipulated therein up to a givenlimit.
(5)In order to improve the way the scheme operates, the authoritiesshould know of all producer organisations marketing theproduction of their members, of members of other producerorganisations and of individual producers who wish to qualifyunder the scheme. The processors signing contracts with theseproducer organisations should also send the authorities the
information required to ensure that the scheme operates correctly.
(6)There is a close link between the raw material delivered for
processing and the finished product obtained. The raw materialshould therefore meet certain minimum requirements.
(7)Aid applications for each product must include all the informationneeded to check their acceptability, given the informationcontained in the contracts.
(8)In order to ensure that the aid scheme is properly applied,producer organisations and processors must forward appropriate
information and keep suitable documentation up to date and
should, in particular, specify the areas under oranges, small citrusfruits, lemons, grapefruit and pomelos, on the basis of Council2001R1092 — EN — 09.06.2001 — 000.001 — 2
(1) OJ L 297, 21.11.1996, p. 49.
(2) OJ L 311, 12.12.2000, p. 9.
(3) OJ L 297, 21.11.1996, p. 1.
(4) OJ L 129, 11.5.2001, p. 3.
▼B
Regulation (EEC) No 3508/92 of 27 November 1992 establishing
an integrated administration and control system for certainCommunity aid schemes(
1), as last amended by Commission
Regulation (EC) No 495/2001(2), and Commission Regulation
(EEC) No 3887/92 of 23 December 1992 laying down detailedrules for applying the integrated administration and controlsystem for certain Community aid schemes(
3), as last amended by
Regulation (EC) No 2721/2000(4), for the purposes of all
inspections and controls deemed necessary.
(9)For the purposes of administering the aid scheme, proceduresmust be laid down for physical and documentary checks on
delivery and processing operations, checks must cover asufficiently representative number of aid applications and certainpenalties must be laid down for producer organisations andprocessors which breach the regulations, in particular by makingfalse declarations, by failing to observe the terms of the contract
or by failing to process products delivered.
(10)The measures provided for in this Regulation are to replace thoselaid down in Commission Regulation (EC) No1196/97 of 26 June
1997 laying down detailed rules for the application of CouncilRegulation (EC) No 2200/96 as regards the system of productionaid for products processed from fruit and vegetables(
5), as last
amended by Regulation (EC) No 2729/1999(6). That Regulation
should therefore be repealed.
(11)The Management Committee for Fruit and Vegetables has notdelivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
CHAPTER I
DEFINITIONSANDMARKETINGYEARS
Article 1
For the purposes of this Regulation the following definitions shall apply:
(a) ‘producer organisations’ means producer organisations as referred to
in Articles 11 and 13 of Regulation (EC) No 2200/96 and producer
organisations granted preliminary recognition under Article 14 ofthat Regulation;
(b) ‘association of producer organisations’ means associations as
referred to in Article 16(3) of Regulation (EC) No 2200/96;
(c) ‘individual producer’ means any natural or legal person as referred
to in Article 4(1) of Regulation (EC) No 2202/96 not belonging to aproducer organisation and growing on their holding raw materialintended for processing;
(d) ‘processor’ means a processing enterprise operating, for economic
ends and on its own responsibility, one or more plants with facilitiesfor manufacturing one or more of the products listed in Article 1 ofRegulation (EC) No 2202/1996.
Article 2
1. The marketing years within the meaning of Article 6 of Regulation
(EC) No 2202/96 shall run:
(a) from 1 October to 30 September in the case of:
— sweet oranges,2001R1092 — EN — 09.06.2001 — 000.001 — 3
(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 72, 14.3.2001, p. 6.
(3) OJ L 391, 31.12.1992, p. 36.
(4) OJ L 314, 14.12.2000, p. 8.
(5) OJ L 169, 27.6.1997, p. 15.
(6) OJ L 328, 22.12.1999, p. 35.
▼B
— mandarins, clementines and satsumas,
— grapefruit and pomelos;
(b) from 1 June to 31 May in the case of lemons.
2. Aid to producer organisations delivering mandarins, clementines
and satsumas shall be granted solely on products delivered to the
processing industry in the period from 1 October to 30 June.
3. For a given marketing year, the ‘equivalent period’ referred to in
Article 5(2) of Regulation (EC) No 2202/96 shall run:
— from 1 July of the previous year to 30 June of the current year in the
case of oranges,
— from 1 October to 30 June of the current marketing year in the case
of mandarins, clementines and satsumas,
— from 1 July of the previous marketing year to 30 June of the current
year in the case of grapefruit and oranges,
— from 1 March of the previous marketing year to 28/29 February of
the current year in the case of lemons.
CHAPTER II
CONTRACTS
Article 3
1. The contracts referred to in Article 2(1) of Regulation (EC) No
2202/96 on which the aid scheme is based (hereinafter referred to as
‘contracts’), shall be concluded in writing. They shall be concludedseparately for each of the basic products listed in Article 1 of thatRegulation and shall bear an identification number. Contracts may takeone of the following forms:
(a) a contract between a producer organisation or association of
producer organisations, and a processor,
(b) a commitment to supply, where the producer organisation also acts
as a processor.
At any time and for each of the basic products listed in Article 1 of
Regulation (EC) No 2202/96 a single one-year contract and/or a single
multiannual contract may be in force between a producer organisation
and a processor.
2. Contracts shall cover:
(a) the entire marketing year in question in the case of a one-year
contract;
(b) at least three marketing years in the case of multiannual contracts
within the meaning of Article 3(2)(a) of Regulation (EC) No 2202/
96.
In the case of clementines, separate contracts must be concluded for the
two possible uses: juice or segments.
3. Contracts must specify, in particular:
(a) the name and address of the contracting producer organisation;
(b) the name and address of the processor;
(c) the quantities of raw materials to be delivered for processing this
quantity shall be broken down by marketing year in the case ofmultiannual contracts;
(d) the schedule of deliveries to processors;
(e) an undertaking by the processors to process the quantities delivered
under the contract in question;
(f) the price to be paid to the producer organisation for the raw
materials, which may vary by variety and/or quality and/or three-month delivery period; this price shall be paid only by bank or postoffice transfer.2001R1092 — EN — 09.06.2001 — 000.001 — 4
▼B
The contract shall also indicate the delivery stage to which that price
applies and the payment terms. Any payment deadline may notexceed 90 days from the date of delivery of each consignment;
(g) the compensation payable should either party fail to fulfil its
contractual obligations, in particular as regards payment deadlines
and the obligation to deliver and accept the quantities covered by the
contract.
4. In the case of one-year contracts, the price referred to in paragraph
3(f) may be adjusted, with the agreement of both parties, by the writtenamendments referred to in Article 5(2) below and solely for the
additional quantities fixed by these amendments.
5. Multiannual contracts may cover both the production of the
members of the producer organisation signing the contract and theproduction of members of other producer organisations where thesecond and third indents of Article 11(1)(c)(3) of Regulation (EC) No
2200/96 apply.
6. To qualify for the aid laid down in Table 2 of Annex I to
Regulation (EC) No 2202/96, quantities delivered under multiannualcontracts must be at least 1 000 tonnes per contract, product andmarketing year.
7. In the case of multiannual contracts, the price referred to in
paragraph 3(f) above for each marketing year shall be established whenthe relevant contract is signed. However, the price applicable to a givenmarketing year may be revised, with the agreement of both parties, bywritten amendment to the contract before 1 July of the marketing year in
question in the case of lemons and before 1 November of the marketing
year in question in the case of the other products.
8. The Member States may adopt additional provisions covering
contracts, in particular as regards compensation payable by processors orproducer organisations that fail to fulfil their contractual obligations.
Article 4
In the case of a commitment to supply within the meaning of Article
3(1)(b), contracts covering the production of the members of theproducer organisation concerned shall be deemed to have beenconcluded after the following particulars have been forwarded to the
competent authority:
(a) the name and address of each producer and the reference data and
areas of the parcels on which each producer cultivates the rawmaterial;
(b) the estimated total harvest;
(c) the quantity intended for processing, broken down by type of
contract;
(d) the delivery schedule referred to in Article 3(3)(d);
(e) an undertaking by the producer organisation to process the quantities
delivered under the contract in question.
This notification shall be sent to the competent authority by the deadline
laid down in Article 6.
Article 5
1. Contracts shall be concluded no later than:
(a) 1 November in the case of oranges, mandarins, clementines,
satsumas, grapefruit and pomelos;
(b) 1 July in the case of lemons.
2. In the case of one-year contracts, the quantity initially laid down in
the processing contract referred to in Article 3(3)(c) may be amendedwith the agreement of both parties by one or two written amendments.
The total quantity laid down in the amendment(s) may not exceed 40 %
of the quantity initially laid down in the contract. Where there are two2001R1092 — EN — 09.06.2001 — 000.001 — 5
▼B
amendments, they may not relate to more than 20 % of the said initial
quantity each. The amendments shall include the identification numberof the contract to which they relate.
The quantities delivered by the new members referred to in Article 8(5)
shall be included in the amendments.
3. In the case of multiannual contracts, the quantity initially laid
down for each year, within the meaning of Article 3(3)(c), may beamended in writing with the agreement of both parties. The amendmentshall include the identification number of the contract to which it relates.Amendments shall be concluded before 1 July of the year in question inthe case of lemons and before 1 November of the year in question in the
case of the other products. The quantity to be delivered each year as laid
down in the amendment may not exceed 40 % of the quantity initiallylaid down in the contract for the given year.
Article 6
1. Producer organisations signing contracts shall forward a copy of
each contract and any amendments thereto to the body designated by theMember State in which their head office is situated and, if appropriate,to the body designated by the Member State where processing is to takeplace. These copies must reach the competent authorities no later than
10 working days after the conclusion of the contract or amendment
thereto and no less than five working days before the start of deliveries.
The total quantity covered by all the contracts signed by a given
producer organisation may not exceed, per product, the quantity
intended for processing indicated by that producer organisation under
Article 4(c) and Article 8(1)(c).
2. In exceptional and duly justified cases, the Member States may
accept contracts and amendments thereto that reach their authorities
after the time limit laid down in paragraph 1, provided that such late
arrival does not hinder their checks.
CHAPTER III
INFORMATIONTOBEPROVIDED
Article 7
1. Producer organisations wishing to participate in the aid scheme
provided for in Article 3 of Regulation (EC) No 2202/96 and processors
wishing to sign contracts with those producer organisations shall soinform the body designated by the Member State in which their headoffice is situated and, if appropriate, the body designated by the MemberState where processing takes place, no later than 30 days before the start
of the marketing year. They shall communicate at this time the
information needed by the Member State in question to manage andinspect the aid scheme. The information must include the hourlyextraction, pasteurisation and concentration capacity of each processingplant. Member States may decide that such information shall:
(a) be notified by new producer organisations only, or new processors,
if the necessary information for the others is already available;
(b) cover a single marketing year, several marketing years or an
unlimited period.
2. At least five working days before the start of deliveries or
processing each marketing year, producer organisations and processors
shall notify the competent authorities of the week in which deliveriesand processing are to commence. Producer organisations and processorsshall be deemed to have discharged this obligation where they provideproof that they have sent this information at least eight working daysbefore that deadline.
3. In exceptional and duly justified cases, the Member States may
accept notifications from producer organisations and processors after thedeadline laid down in paragraph 2. However, no aid shall be granted insuch cases to producer organisations or processors for quantities already2001R1092 — EN — 09.06.2001 — 000.001 — 6
▼B
delivered or in the course of delivery unless the checks needed to
establish eligibility for the aid can be conducted to the satisfaction of thecompetent authorities.
Article 8
1. The producer organisation signing the contracts shall send the
body designated by the Member State in which its head office is situatedthe following information, by product:
(a) the name and address of each producer covered by the contracts and
the reference data and areas of the parcels on which each producercultivates the raw materials;
(b) the estimated total harvest;
(c) the quantity intended for processing;
(d) the producer organisation's average yields per hectare and the
average percentage of this quantity sent for processing during the
previous two marketing years.
2. The information referred to in paragraph 1 shall be provided by the
producer organisations or individual producers concerned to theproducer organisation signing the contract, which shall forward it tothe body designated by the Member State, where the producer
organisation signing the contract:
(a) markets quantities intended for processing produced by members of
other producer organisations under the second and third indents ofArticle 11(1)(c)(3) of Regulation (EC) No 2200/96; and/or
(b) passeson the benefit ofthe aid scheme to individual producers under
Article 4(1) of Regulation (EC) No 2202/96.
3. To qualify for the aids, producer organisations and individual
producers as referred to in paragraph 2 shall sign agreements with the
producer organisation signing the contract.
Such agreements shall cover all citrus fruit production delivered for
processing by the said producer organisations and individual producersconcerned and must specify at least the following:
(a) the number of marketing years covered by the agreement;
(b) the quantities to be delivered for processing, broken down by
producer and product and based on a delivery schedule as referred toin Article 3(3)(d);
(c) the consequences of failure to comply with the agreement.
The Member States may adopt additional provisions covering the
agreements referred to in the first subparagraph, in particular as regardscompensation payable by producer organisations or individual producersfailing to fulfil their contractual obligations.
4. The information referred to in paragraphs 1 and 2, together with a
copy of the agreements referred to in paragraph 3 shall be sent to thebody referred to in paragraph 1 within 30 days of the start of themarketing year in question.
5. Where a producer joins a producer organisation after the dates
referred to in paragraph 4, the information referred to in paragraphs 1and 2 and, where appropriate, the agreements referred to in paragraph 3which relate to this new member shall be sent to the body referred to inparagraph 1 no later than 30 days from the date on which his
membership takes effect.
6. For the purposes of Article 4(a) and paragraph 1(a) of this Article:
— the parcel identification system shall be that used for the integrated
system referred to in Article 4 of Regulation (EEC) No 3508/92. Theareas are to be declared in hectares to two decimal places. Article6(7) of Regulation (EEC) No 3887/92 shall apply for the purposes ofdetermining the area of parcels during on-the-spot checks asprovided for in Article 19(1)(a),2001R1092 — EN — 09.06.2001 — 000.001 — 7
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— the name and address of each producer may be replaced by any other
information required by national legislation to allow the producer tobe determined unequivocally to the satisfaction of the competent
authorities.
CHAPTER IV
RAWMATERIALS
Article 9
Products delivered by the producer organisations to the processors under
a contract must satisfy the minimum requirements laid down in theAnnex hereto.
Article 10
1. No later than 18.00 on the preceding working day, the producer
organisation shall notify each delivery to the body designated by the
Member State where its head office is situated and, where applicable, to
the body designated by the Member State where processing is carriedout. This notification shall include the quantity to be delivered, a preciseidentification of the means of transport used and the identificationnumber of the contract relating to the delivery in question. It shall be
sent electronically or via computer and the body to which it is addressed
shall keep a written record of it for at least three years.
The competent body may ask for any additional information it considers
necessary for a physical check on the deliveries.
Should the data in the first subparagraph be amended after they have
been notified, the amended data must be notified in the same way as the
initial notification, before delivery commences. The initial notificationmay be amended only once.
2. A delivery certificate shall be issued for each product lot delivered
under contract and accepted for processing at the processing plant,specifying:
(a) the date and time of unloading;
(b) the precise identification of the means of transport used;
(c) the identification number of the contract to which the consignment
relates;
(d) the gross weight and net weight;
(e) where applicable, the rate of reduction calculated on the basis of the
minimum quality criteria laid down in the Annex.
Delivery certificates shall be prepared in quadruplicate. They shall be
signed by the processor or its representative and by the producerorganisation or its representative. Signatures shall be preceded by thehandwritten words ‘Agreed by’. Each certificate shall bear an
identification number.
Processors and producer organisations shall both keep a copy of delivery
certificates. For inspection purposes, the producer organisation shallsend a copy to the bodies referred to in paragraph 1 no later than thefifth working day after the week of delivery.
3. Where all or part of a lot belongs to producers as referred to in
Article 8(2)(a) or (b), the contracting producer organisation shallforward a copy of the certificate provided for in paragraph 2 to eachproducer organisation and individual producer concerned.
4. For each quarter from the start of the marketing year, no later than
the tenth day of the following month the producer organisation shall
notify the body designated by the Member State where its head office issituated and, where applicable, the body designated by the Member Statewhere processing is carried out, of the quantities delivered, by lot and byproduct. Quantities delivered under contract shall be broken down bycontract and on the basis of the corresponding amount of aid.2001R1092 — EN — 09.06.2001 — 000.001 — 8
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5. The documents required under national law may be used for the
purposes of this Article, provided they contain all the informationreferred to paragraph 2.
Article 11
1. For each quarter from the start of the marketing year, no later than
the tenth day of the following month processors who conclude contractswith producer organisations shall send the body designated by theMember State where the head office of the producer organisation issituated and, where applicable, the body designated by the Member State
where processing is carried out, the following information, broken down
by product.
(a) the quantity of product received for each lot and for each contract in
question and the quantity of products received outside thesecontracts;
(b) the quantities of juice obtained, broken down by Brix concentration,
specifying the quantities obtained from lots delivered under contract;
(c) the average weight of the yield in juice from the raw materials and
the Brix concentration of this juice;
(d) the quantities of segments obtained, specifying the quantities
obtained from lots delivered under contract.
The quantities shall be expressed as net weight.
The notifications shall be signed by the processor, who shall certify their
accuracy by doing so.
2. Within 45 days of completion of processing operations for the
marketing year, the processors shall notify the body referred to in
paragraph 1 of the following in respect of each product:
(a) the quantities received, broken down by the resulting finished
product;
(b) the quantities received under contract, broken down by delivery
period and type of contract (one-year or multiannual);
(c)►
C1the quantities received under contract, broken down by the
resulting finished product; ◄
(d) the quantity of finished products obtained from each of the
quantities referred to in (a). In the case of juice, these quantitiesare to be broken down on the basis of their Brix concentration;
(e) the quantity of finished products obtained from each of the
quantities referred to in (c). In the case of juice, these quantitiesare to be broken down on the basis of their Brix concentration;
(f) the quantities of each finished product in stock at the end of the
processing operations for that marketing year.
The quantities shall be expressed as net weight.
CHAPTER V
AIDAPPLICATIONS
Article 12
1. Producer organisations shall submit their aid applications, per
product and per marketing year, to the body designated by the MemberState in which their head office is situated.
Such aid applications shall be submitted:
(a) for quantities accepted for processing during the first half of the
marketing year, no later than:
— 31 December in the case of lemons,
— 30 April in the case of other products;2001R1092 — EN — 09.06.2001 — 000.001 — 9
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(b) for quantities accepted for processing during the second half of the
marketing year, with the exception of mandarins and clementines,no later than:
— 30 June of the following marketing year in the case of lemons,
— 31 October of the following marketing year in the case of
oranges, grapefruit and pomelos;
(c) in the case of mandarins and clementines accepted for processing
during the third quarter of the marketing year, no later than 31 July.
2. In exceptional and duly justified cases, the Member States may
accept aid applications after the deadlines laid down in paragraph 1,provided that this does not have an adverse effect on control of the
production aid scheme.
3. If aid applications are submitted after the deadlines laid down in
paragraph 1, the aid shall be reduced by 1 % per day of delay. No aidshall be granted if the delay exceeds fifteen days. These provisions shall
not be applicable where paragraph 2 is applied.
4. In the case of clementines, separate aid applications must be
prepared for the two possible uses: juice or segments.
Article 13
1. Each aid application as referred to in Article 12 must include the
following information:
(a) the name and address of the producer organisation;
(b) the quantity covered by the aid application. That quantity, broken
down by contract and on the basis of the corresponding amount of
aid, may not exceed the quantity accepted for processing, after
deduction of any reduction rates applied;
(c) the average selling price for the quantity delivered under contract;
(d) the quantity delivered during the same period otherwise than under
contract, and its average selling price.
2. The aid shall be paid by the competent body in the Member State
in which the producer organisation signing the contract has its headoffice as soon as that body has undertaken the checks provided for in
Article 19(1)(a) and checked that the aid application tallies with the
delivery certificates referred to in Article 10(2) for the product inquestion.
Where processing takes place in another Member State, that Member
State shall provide the Member State where the head office of the
producer organisation signing the contract is situated with proof that the
product has in fact been delivered and accepted for processing.
Aid shall not be granted if the proof referred to in the preceding
subparagraph is not provided, nor shall aid be granted on quantities in
respect of which the checks referred to in the first subparagraph have not
been conducted.
Article 14
The aid shall be paid to producer organisations:
(a) for quantities accepted for processing during the first half of the
marketing year, no later than:
— 28 or 29 February in the case of lemons,
— 30 June in the case of other products;
(b) for quantities accepted for processing during the second half of the
marketing year, with the exception of mandarins and clementines,no later than:
— 31 August of the following marketing year in the case of lemons,
— 31 December of the following marketing year in the case of
oranges, grapefruit and pomelos.2001R1092 — EN — 09.06.2001 — 000.001 — 10
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(c) in the case of mandarins and clementines accepted for processing
during the third quarter of the marketing year, no later than 30September.
Article 15
Within 15 working days following receipt of the aid, the producer
organisation shall pay in full the amounts received, by bank or postaltransfer, to its members and, where applicable, to producers as referred
to in Article 8(2)(a) and (b). In cases covered by Article 3(1)(b),
payment may be made by opening a credit line.
Where a producer organisation is wholly or partly made up of members
which are themselves organisations with legal personality made up ofproducers, payments as provided for in the first subparagraph shall bepaid on by those member organisations to the producers within 15working days.
CHAPTER VI
CHECKSANDPENALTIES
Article 16
1. Without prejudice to Title VI of Regulation (EC) No 2200/96,
Member States shall take the necessary steps:
(a) to ensure that this Regulation is complied with;
(b) to prevent and prosecute irregularities and apply the penalties
provided for in this Regulation;
(c) to recover sums lost as a result of irregularities or negligence;
(d) to verify the records provided for in Articles 17 and 18, ensuring that
they tally with the accounting required of producer organisations and
processors under national law;
(e) to carry out unannounced checks as referred to in Article 19 during
the appropriate periods.
2. The Member States must programme their tally checks on the basis
of a risk analysis that considers, among other things:
(a) the findings of checks conducted in earlier years;
(b) developments since the year before;
(c) the raw material yield by homogeneous production zone;
(d) the ratio of the quantities delivered to the estimated total harvest;
(e) the yield of the raw material in terms of finished product.
The risk analysis criteria shall be regularly updated.
3. Where irregularities or anomalies are found, the Member States
shall increase the frequency and percentage of checks as referred to in
Article 19, having regard to the seriousness of the findings.
Article 17
1. Producer organisations delivering products for processing shall
keep a record of each product delivered. These records shall include the
following information:
(a) in the case of quantities delivered under multiannual contracts:
(i) the lots delivered each day, and the identification number of the
contract to which they relate;
(ii) the net weight of each lot delivered and accepted for processing,
minus any reduction, and the identification number of the
relevant delivery certificate;
(b) in the case of quantities delivered under one-year contracts:
(i) the lots delivered each day, and the identification number of the
contract to which they relate;2001R1092 — EN — 09.06.2001 — 000.001 — 11
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(ii) the net weight of each lot delivered and accepted for
processing, minus any reduction, and the identification numberof the relevant delivery certificate;
(iii) the total quantity delivered each day, broken down on the basis
of the applicable aid;
(c) in the case of quantities delivered otherwise than under contract:
(i) the lots delivered each day, and the name and address of the
processor;
(ii) the net weight of each lot delivered and accepted for processing.
2. Producer organisations and the producers referred to in Article 8(2)
shall keep available for the national inspection authorities all theinformation needed for checking compliance with this Regulation.
In the case of each basic product, that information must make it possible
to establish, for each producer covered by a contract, whether the areas,the total harvest, the total quantities delivered to the producer
organisation and the quantities delivered for processing tally with the
aid payments.
Producer organisations and the producers referred to in Article 8(2) shall
submit to all inspections and checks deemed necessary by the competentauthorities and shall keep all additional records required by thoseauthorities for the purposes of the checks deemed necessary.
3. The Member States may decide what material or computerised
form the records provided for in paragraphs 1 and 2 shall take.
The records or accounting documents required under national law may
be used for the purposes of this Article, provided they contain all the
information referred to in paragraph 1.
Article 18
1. Processors shall keep a record of each product purchased. These
records shall include the following information:
(a) in the case of quantities purchased from producer organisations
under contract:
(i) the lots received each day, and the identification number of the
contract to which they relate;
(ii) the net weight of each lot received and accepted for processing,
the identification number of the relevant delivery certificate andthe precise identification of the means of transport used;
(b) in the case of the other quantities purchased:
(i) the lots received each day, and the name and address of the
seller;
(ii) the net weight of each lot received;
(c) the quantities of juice obtained each day, broken down by Brix
concentration, specifying the quantities obtained from lots deliveredunder contract;
(d) the quantities of segments obtained each day, specifyng the
quantities obtained from lots delivered under contract;
(e) the quantities and prices of finished products bought by the
processor each day, with the name and address of the sellerindicated. In the case of juice, these quantities shall be broken down
on the basis of their Brix concentration;
(f) the quantities and prices of each finished product leaving the
processor's premises each day, giving the name and address of theconsignee. In the case of juice, these quantities shall be broken downon the basis of their Brix concentration; this information may be
recorded by reference to supporting documents held elsewhere,
provided they contain the abovementioned particulars;
(g) the quantities of each finished product in stock at the end of the
marketing year. In the case of juice, these quantities are to be brokendown on the basis of their Brix concentration.2001R1092 — EN — 09.06.2001 — 000.001 — 12
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The quantities shall be expressed as net weight.
2. Processors shall keep proof of payment for all raw materials
purchased under contract or a written amendment thereto for five yearsfrom the end of the processing year concerned. Processors shall alsokeep proof of any purchases or sales of processed juice for five years.
Processors shall update daily their juice and/or segment records for each
plant.
3. Processors shall submit to all inspections and checks deemed
necessary by the competent authorities and shall keep all additionalrecords required by those authorities for the purposes of the checks
deemed necessary.
4. The Member States may decide what material or computerised
form the records provided for in paragraphs 1 and 3 shall take.
The records or accounting documents required under national law may
be used for the purposes of this Article, provided they contain all the
information referred to in paragraph 1.
Article 19
1. For each producer organisation, finished product and marketing
year:
(a) physical checks shall be conducted on at least:
— 5 % of the areas referred to in Articles 4 and 8(1) and (2),
— 20 % of the quantities delivered for processing under each
contract, in order to check that they tally with the deliverycertificates referred to in Article 10(2) and comply with theminimum quality requirements referred to in Article 9;
(b) administrative and accounting checks shall be conducted on at least:
— 5 % of producers covered by contracts, in order to check in
particular that for each producer the areas, the total harvest, the
quantity delivered to the producer organisation and the quantitydelivered for processing all tally with the aid payments providedfor in Article 15,
— 10 % of the agreements referred to in Article 8(3);
(c) administrative and accounting checks shall be conducted to verify
that the quantities of products delivered to the producer organisationby the producers referred to in Article 8(1) and (2), the quantitiesdelivered for processing, the delivery certificates referred to inArticle 10, and the quantities stated in the applications for aid all
tally with the aid paid under Article 15;
(d) administrative checks shall be conducted on all aid applications as
referred to in Article 12.
2. For each processor, plant, product received and marketing year:
(a) physical checks shall be conducted on at least:
— 10 % of the finished products obtained, in order to verify the
yield of raw material under contract and otherwise;
(b) administrative and accounting checks shall be conducted on at least:
— 5 % of the lots received under each type of contract (one-year or
multiannual); they shall involve the real link with a contract, thedelivery certificates referred to in Article 10(2), the precise
identification of the means of transport used and compliance
with the minimum requirements laid down in Article 9,
— 10 % of the price transfers referred to in Article 3(3)(f);
(c) physical and accounting checks shall be conducted on stocks and, at
least twice a year, shall cover all stocks of finished products to
ensure that they tally with the finished products manufactured,purchased and sold.
Furthermore, tally checks shall be conducted to ensure that:
(a) the purchase and sales invoices for juice tally; and2001R1092 — EN — 09.06.2001 — 000.001 — 13
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(b) the quantities of raw materials received by the industry, the
quantities of juice produced, the quantities of juice purchased andthe quantities of juice sold or in stock.
Article 20
1. Where it is ascertained, for a given product, that the aid applied for
in respect of any marketing year exceeds the amount due, then thatamount shall be reduced, unless the difference is clearly due to error.The reduction shall be equal to the difference. If the aid has already been
paid, the beneficiary shall pay back twice the difference, plus interest
calculated on the time elapsing between payment and reimbursement bythe beneficiary.
The interest rate shall be that applied by the European Central Bank to
its main refinancing operations, as published in the C series of theOfficial Journal of the European Communities , in force on the date of
the undue payment, plus three percentage points.
2. If the difference referred to in paragraph 1 is more than 20 %, the
beneficiary shall lose all entitlement to the aid and, if the aid has alreadybeen paid, reimburse the total aid, plus interest calculated in accordancewith paragraph 1.
If the difference is more than 30 %, the producer organisation shall also
be excluded from the aid scheme for the product concerned for thefollowing three marketing years.
3. 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.
4. The Member States shall take the necessary measures to ensure
that the provisions on aid payments are complied with, in accordancewith Article 15. They shall provide in particular for penaltiescommensurate with the seriousness of any irregularity to be imposed
on the officers of the producer organisation.
5. Except in cases of force majeure, if the quantity delivered of a
product under a multiannual contract for a marketing year is found to beless than the minimum quantity laid down in Article 3(6), thecorresponding aid shall be reduced by 50 % for the marketing year inquestion. If the aid has already been paid, the beneficiary shall pay back
the difference between the aid paid and the aid due, plus interest
calculated in accordance with paragraph 1.
Where three multiannual contracts or more at the same time are affected
by a failure to deliver the minimum quantity for a marketing year, theproducer organisation in question shall be barred from signing further
multiannual contracts from the time such failure is noted. The Member
State shall determine the duration of such a bar, based on the seriousnessof the failure. The bar shall last for at least two marketing years. Thefirst subparagraph shall apply to every contract.
6. Except in cases of force majeure, if the quantities accepted for
processing during a marketing year under each contract referred to in
Article 3(2)(a) and (b) are found to be less than the quantities contractedfor in respect of that marketing year, including any amendments thereto,the corresponding aid shall be reduced by:
— 20 %, if the discrepancy between the quantities accepted for
processing and the quantities contracted for is equal to or more than20 % but less than 30 % of the quantities contracted for,
— 30 %, if the discrepancy between the quantities accepted for
processing and the quantities contracted for is equal to or more than30 % but less than 40 % of the quantities contracted for,
— 40 %, if the discrepancy between the quantities accepted for
processing and the quantities contracted for is equal to or more than
40 % but less than 50 % of the quantities contracted for.
No aid shall be granted if the discrepancy between the quantities
accepted for processing and the quantities contracted for is equal to ormore than 50 % of the quantities contracted for.2001R1092 — EN — 09.06.2001 — 000.001 — 14
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If the aid has already been paid, the producer organisation shall pay back
the difference between the aid paid and the aid due, plus interestcalculated in accordance with paragraph 1.
In the case of multiannual contracts, where it is possible to apply
paragraphs 5 and 6 simultaneously, the higher penalty shall be imposed.
7. If it is found that a processing contract has been totally or partially
cancelled before its full term, the producer organisation that signed the
contract shall reimburse 40 % of the aid received under that contract,
plus interest calculated in accordance with the second subparagraph ofparagraph 1.
In addition, in the case of multiannual contracts:
— a producer organisation that has cancelled all or part of two contracts
or more in the same marketing year may not conclude any furthermultiannual contract under Regulation (EC) No 2202/96 for three
marketing years from the date on which the competent body in the
Member State concerned becomes aware of the cancellation,
— except in the case of bankruptcy of the processor, failure to deliver a
product for one of the marketing years under contract shall beconsidered a cancellation of the contract in question.
8. If the area checks referred to in Article 19(1)(a) show a
discrepancy between the area declared and that actually determined, atthe level of the total area checked, the aid payable to the producerorganisation shall be reduced, unless the discrepancy is clearly due toerror:
— by the percentage of the discrepancy established, if it is more than
5 % but not more than 20 % of the area actually determined,
— by 30 % if the discrepancy is more than 20 % of the area determined.
The aid reduction thus calculated shall be halved where the area
declared is less than the area determined.
9. Where a producer organisation commits a subsequent irregularity,
the Member State shall withdraw that organisation's recognition, orpreliminary recognition in the case of a producer group granted
preliminary recognition.
Article 21
1. Except in cases of force majeure, where it is found that the full
quantity of a product accepted for processing under contract has notbeen processed into one of the products listed in Article 1 of Regulation
(EC) No 2202/96, the processor shall pay an amount equal to twice the
unit amount of the aid, multiplied by the quantity of the raw materialconcerned which has not been processed, plus interest calculated inaccordance with Article 20(1).
Furthermore, the processor shall not sign new contracts:
— for the marketing year following the finding, if the difference
referred to in the first subparagraph is 10 % or less,
— for two marketing years following the finding, if the difference is
more than 10 % but no more than 20 %,
— for three marketing years following the finding if the difference is
more than 20 %.
2. In addition, the Member States shall exclude the processor from
the aid scheme provided for in Regulation (EC) No 2202/96:
— where the producer organisation makes false declarations with the
collaboration of the processor,
— where the processor fails to pay the price referred to in Article
3(3)(f),
— where the processor fails to pay the penalties provided for in
paragraph 1.
The Member State shall decide on the length of time for which the
processor may not take part in the processing scheme, having regard tothe seriousness of the case.2001R1092 — EN — 09.06.2001 — 000.001 — 15
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3. Amounts recovered and interest due shall be paid to the competent
paying agency and deducted from expenditure financed by the EuropeanAgricultural Guidance and Guarantee Fund.
Article 22
1. Compliance with national and Community thresholds shall be
ascertained on the basis of the quantities delivered for processing underRegulation (EC) No 2202/96 in each of the Member States in question.
2. The Member States shall take the measures required to ensure
reciprocal administrative cooperation with a view to ensuring that thisRegulation is properly applied.
CHAPTER VII
NOTIFICATIONSTOTHECOMMISSION
Article 23
1. Each Member State shall notify to the Commission:
(a) before the beginning of each marketing year, if it has had recourse to
Article 5(3) of Regulation (EC) No 2202/96 and the quantities ofeach of the subthresholds concerned;
(b) the quantity of each product contracted for in the current marketing
year, broken down by type of contract:
(i) no later than 15 August in the case of lemons;
(ii) no later than 15 December in the case of the other products;
(c) the quantity of each product delivered for processing under
Regulation (EC) No 2202/96 in the periods referred to in Article2(3):
(i) no later than 1 April of the current marketing year in the case of
lemons;
(ii) no later than 1 August of the current marketing year in the case
of the other products.
In the case of clementines, this quantity shall be broken down into
products delivered for processing into segments on the one hand andinto juice on the other.
2. No later than 1 January of the following marketing year, each
Member State concerned shall notify to the Commission:
(a) the quantities of each product received by the processors, broken
down by the resulting finished product;
(b) the quantities of each product received by the processors under
contract, broken down by type of contract (one-year or multiannual);
(c) the quantities of each product received by the processors under
contract, broken down by the resulting finished product;
(d) the quantity of finished products obtained from each of the
quantities referred to in (a). In the case of juice, these quantitiesshall be broken down on the basis of their Brix concentration;
(e) the quantity of finished products obtained from each of the
quantities referred to in (c). In the case of juice, these quantitiesshall be broken down on the basis of their Brix concentration;
(f) the quantities of each finished product in stock at the end of the
processing operations for that marketing year;
(g) the quantities of each product contracted for and delivered by type
of contract (one-year or multiannual);
(h) the quantities of each product delivered, broken downon the basis of
the corresponding amount of aid;
(i) the expenditure, expressed in national currency, on aid paid to the
producer organisations for each product.
The quantities shall be expressed as net weight.2001R1092 — EN — 09.06.2001 — 000.001 — 16
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3. No later than 1 January of the following marketing year, a report
on the checks made during the preceding marketing year, specifying thenumber of checks and the results, broken down by type of finding, shall
be prepared for each product.
CHAPTER VIII
TRANSITIONALANDFINALPROVISIONS
Article 24
Notwithstanding Article 8(6), for the 2001/02 marketing year parcel
references shall be the cadastral references or any other referencesrecognised as equivalent by the inspection body.
Article 25
Regulation (EEC) No 1169/97 is hereby repealed with effect from the
end of the 2000/01 marketing year for each of the products concerned.
Article 26
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R1092 — EN — 09.06.2001 — 000.001 — 17
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ANNEX
MINIMUMREQUIREMENTSREFERREDTOINARTICLE9
Products delivered for processing must:
1. be whole, of sound, genuine and merchantable quality and suitable for
processing. Products affected by rot are excluded;
2. comply with the following minimum values:
(a) Products for processing into juice
Yield in juice Degrees Brix (1)
Oranges 30 % 10º
Mandarins 23 % 9º
Clementines 25 % 10º
Grapefruit and
pomelos22 % 8º
Lemons 20 % 7º
(1) Refractometric method.
(b) Products for processing into segments
Yield in juice Degrees Brix (1)
Clementines 33 % 10º
Satsumas 33 % 10º
(1) Refractometric method.
For processing into segments, clementines and satsumas must be at least
45 mm in size.2001R1092 — EN — 09.06.2001 — 000.001 — 18