This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (EC) No 2848/98
of 22 December 1998
laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards
the premium scheme, production quotas and the specific aid to be granted to producer groups in the
raw tobacco sector
(OJ L 358, 31.12.1998, p. 17)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 731/1999 of 7 April 1999 L 93 20 8.4.1999
"M2 Commission Regulation (EC) No 2162/1999 of 12 October 1999 L 265 13 13.10.1999
"M3 Commission Regulation (EC) No 510/1999 of 8 March 1999 L 60 54 9.3.1999
"M4 Commission Regulation (EC) No 1373/1999 of 25 June 1999 L 162 47 26.6.1999
"M5 Commission Regulation (EC) No 2637/1999 of 14 December
1999 L 323 8 15.12.1999
"M6 Commission Regulation (EC) No 531/2000 of 10 March 2000 L 64 13 11.3.20001998R2848 — EN — 01.01.2000 — 003.001 — 1
COMMISSION REGULATION (EC) No 2848/98
of 22 December 1998
laying down detailed rules for the application of Council Regulation
(EEC) No 2075/92 as regards the premium scheme, production
quotas and the specific aid to be granted to producer groups in the
raw tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992
on the common organisation of the market in raw tobacco (
1), as last
amended by Regulation (EC) No 1636/98 (2), and in particular Articles 7,
9(5), 11, 14a and 17(5) and 27 thereof,
Whereas Regulation (EC) No 1636/98 introduced a fundamental reform
of the raw tobacco sector to improve its economic position; whereas this
reform entailed a variation of Community aid in line with product
quality, greater flexibility and simplicity in the quota system, stricter
control procedures and improved observance of public health and
environmental protection requirements;
Whereas, detailed implementing rules must be adopted following this
reform; whereas, in order to simplify agricultural legislation, Commis-
sion Regulations (EEC) No 3478/92 (3), as last amended by Regulation
(EC) No 1578/98 (4), (EEC) No 84/93 (5), as last amended by Regulation
(EC) No 621/96 (6) and (EC) No 1066/95 (7), as last amended by
Regulation (EC) No 1578/98, should be replaced by a single Regulation;
Whereas, with regard to the conditions for recognition of producer
groups, the minimum size should be fixed as a percentage, representing
the relationship between the quantities in the quota statements and the
Member State’s guarantee threshold; whereas, for the purpose of
recognising producer groups, Member States should be able to increase
the percentage of quota statements in their territory and lay down
minimum recognition conditions concerning the number of producers;
Whereas the requirements for the recognition of producer groups should
be laid down in order that they may qualify for that specific aid;
Whereas, in order to respect market structures, it should be laid down
that a producer may be a member of one group only; whereas, to
facilitate the transition, producers who are members of more than one
group should be given the opportunity of withdrawing from memberships
by 31 January 1999;
Whereas, in line with the intentions of Article 12 of Regulation (EEC)
No 2075/92 and in particular to prevent distortion of competition and
monitoring difficulties, producer groups should be debarred from
engaging in first processing;
Whereas to ensure uniformity of administrative procedures, rules should
be laid down on applications for and the grant and withdrawal of
recognition and the monitoring of the recognition requirements;
Whereas a mechanism should be introduced for the approval of
processing undertakings authorised to sign cultivation contracts, such
approval should be withdrawn where the rules are not observed and the
special conditions governing the processing of tobacco in a Member
State should be laid down;!B
(1) OJ L 215, 30. 7. 1992, p. 70.
(2) OJ L 210, 20. 7. 1998, p. 23.
(3) OJ L 351, 2. 12. 1992, p. 17.
(4) OJ L 206, 23. 7. 1998, p. 19.
(5) OJ L 12, 20. 1. 1993, p. 5.
(6) OJ L 89, 10. 4. 1996, p. 8.
(7) OJ L 108, 13. 5. 1995, p. 5.1998R2848 — EN — 01.01.2000 — 003.001 — 2
Whereas the recognised production areas should be fixed for each group
of varieties of tobacco on the basis of the traditional production areas for
the purposes of granting the premium; whereas, in view of the relatively
small area of French communes, those areas should be based on cantons
rather than communes in France; whereas Member States should be
permitted to limit production areas in order, in particular, to improve
quality;
Whereas the main points which must be included in cultivation contracts
must be specified; whereas contracts must be limited to one harvest so
that account can be taken of future changes in the market; whereas
sufficiently early final dates for the conclusion and registration of
contracts should be fixed to enable them to guarantee, from the very
beginning of the year of harvest, both stable outlets to producers for the
coming harvest and regular supplies to processors;
Whereas, when a cultivation contract is concluded with a producer
group, the essential details of each individual producer must also be
notified to permit effective management and control;
Whereas an optional auction system for cultivation contracts should be
established for use by the Member States so that contract prices can
reflect market conditions;
Whereas raw tobacco eligible for the premium must be of sound and fair
merchantable quality and free of certain characteristics which prevent
normal marketing;
Whereas the premium comprises a fixed part, a variable part and a
specific aid and the relation between the different parts of the premium
may vary according to variety and producer Member State; whereas the
fixed part must be paid for the quantity of leaf tobacco delivered by
producers to first processors irrespective of variations in quality,
provided that the minimum quality requirements are fulfilled; whereas,
to encourage improvement of the quality and value of Community
production, the variable part of the premium should be paid by the
producer group to its members after comparing the market prices
obtained for each batch delivered by individual members of the group;
whereas, to ensure that this system is effective, a variable premium equal
to zero should be attributed to batches sold for a price between the
minimum price and the minimum price plus 50 % for each group of
varieties;
Whereas the premium should be adjusted where the moisture content of
tobacco delivered differs by up to 4 % from the moisture content fixed
for each group of varieties on the basis of reasonable quality
requirements and in order to simplify checks on delivery, sampling
levels and frequency together with the method for calculating the
adjusted weight for determining the moisture content should be fixed;
Whereas the period of delivery of the tobacco to processors should be
limited (but vary as necessary by group of varieties) in order to prevent
fraudulent carry-over from one harvest to another;
Whereas the conditions governing the payment of premiums and
purchase prices should be laid down in order to prevent fraud; whereas,
however, it is the responsibility of the Member States to determine
further management and control arrangements pursuant to Article 17(1)
of Regulation (EEC) No 2075/92;
Whereas premiums may be paid only after a check on deliveries, to
guarantee that the operations concerned have actually been carried out
and that the quota arrangements have been complied with; whereas,
however, the payment of advances to producers of 50 % of the premium
due should be provided for on condition that an adequate security is
lodged; whereas, to make it possible for advances to be paid to groups
which cannot bear the costs of lodging securities, it should be permitted
to use the specific aid to cover those costs;!B1998R2848 — EN — 01.01.2000 — 003.001 — 3
Whereas Regulation (EEC) No 2075/92 provides for Member States to
pay the premium direct to producers and that producers may carry over
their surplus production to the next harvest, up to a maximum of 10 % of
the quota allocated to them;
Whereas Article 9 of Regulation (EEC) No 2075/92 introduces a quota
system for the different groups of varieties of tobacco; whereas the time
limits for allocation of quotas must be fixed early enough to enable
producers to take the greatest possible account thereof when producing
tobacco;
Whereas under Article 9(3) of Regulation (EEC) No 2075/92, production
quotas are to be assigned to producers in proportion to the average
quantity of tobacco delivered for processing over the three years
preceding that of the most recent harvest and the quotas thus assigned are
to be valid for three years; whereas allocation of a certain quantity,
giving entitlement to the premium for a given harvest, does not imply
acquisition of any right in subsequent years;
Whereas national quota reserves should be set up in each Member State
in order to increase the flexibility of the quota allocation arrangements,
to encourage producers to switch to other crops and to facilitate the
restructuring of agricultural holdings in the Member States; whereas
these national reserves should be made up of quotas released by a linear
reduction in all the quotas allocated to producers and by Member States
being able to apply a linear reduction to the quantities entered on
production quota statements that have been transferred permanently,
together with quotas that have not been covered by cultivation contracts
concluded, including quantities entered on production quota statements
that have been transferred temporarily;
Whereas a procedure should be laid down for calculating the quota for
producers who have started growing tobacco or who have increased their
quota;
Whereas provisions are needed to take account of cases where tobacco is
processed in Member States other than the Member State in which it has
been produced; whereas in such cases the quantity of raw tobacco in
question should be taken over in the Member State where it was
produced, for the benefit of producers in that Member State;
Whereas production quota statements should be issued to producers on
the basis of their tobacco deliveries from the harvests in the reference
years; whereas Member States must be able to increase the quantities to
be taken into account for certain producers operating in special
circumstances;
Whereas the threshold quantities applicable for a harvest may exceed
those fixed for the previous harvest for certain groups of varieties while
falling short of those fixed for others; whereas the additional quantities
should be distributed among the parties concerned on the basis of
objective criteria, taking account of certain priorities to be determined by
the Member States in the light of their situation;
Whereas the transfer of production quotas within a single group of
varieties, on either an annual or a permanent basis, should be permitted
and a right of priority should be established between producers to
encourage the transfer of quotas between producers who are members of
the same producer group; whereas account should not be taken when
calculating the quota of each producer of quantities delivered as part of
an annual transfer;
Whereas account should be taken of the fact that a production unit can be
jointly exploited by members of one family, particularly with regard to
minimum quantities per production quota statement and fraud pre-
vention;
Whereas voluntary exchanges of production quotas between producers
can facilitate rationalisation of production;
Whereas provision should be made for any disputes to be resolved
through joint committees;!B1998R2848 — EN — 01.01.2000 — 003.001 — 4
Whereas a quota buy-back scheme should be set up with a corresponding
reduction of the guarantee thresholds in order to facilitate the voluntary
departure from the sector of individual producers; whereas the amounts
to which producers whose quotas are bought back will be entitled should
be fixed, without prejudice to future amendments; whereas, in order to
maintain production as far as possible in the same production sector, a
right of priority should be established between producers for the
purchase of quotas offered under the buy-back scheme;
Whereas, for the purposes of sound management, transparency and
verification, producers who are not members of a producer group must
deliver all tobacco of a given group of varieties from the same harvest to
a single processor, payments to producer groups and payment of the
purchase price to producers by first processors must be made solely by
bank or postal transfer to a single account linked to payment of the
individual producers, and the production quota allocated to each
producer must be made public;
Whereas Article 4a(5) of Regulation (EEC) No 2075/92 provides for
specific aid not exceeding 2 % of the total premium to be paid to
producer groups and that maximum percentage should be maintained in
order to ensure that producer groups correctly carry out the tasks
entrusted to them, particularly the measures to improve respect for the
environment;
Whereas, pursuant to Article 17(1) of Regulation (EEC) No 2075/92,
Member States must decide on the measures needed to ensure
compliance with the Community provisions on raw tobacco; whereas,
however, the control measures must satisfy certain requirements to
ensure that their application is broadly uniform in all Member States,
based on the integrated administration and control system provided for in
Council Regulation (EEC) No 3508/92 of 27 November 1992
establishing an integrated administration and control system for certain
Community aid schemes (1), as last amended by Regulation (EC) No
820/97 (2), and Commission Regulation (EEC) No 3887/92 of 23
December 1992 laying down detailed rules for applying the integrated
administration and control system for certain Community aid
schemes (3), as last amended by Regulation (EC) No 1078/98 (4);
Whereas in several Member States checks are carried out at the place to
which tobacco is delivered rather than that where it is processed;
whereas such checks are considered to be inadequate; whereas the places
to which tobacco must be delivered and the checks to be carried out
should be specified;
Whereas compliance with the provisions on Community aid must be
effectively monitored; whereas, in this connection, detailed criteria and
technical rules should be laid down for carrying out administrative and
on-the-spot checks; whereas, in the light of the experience gained in
carrying out on-the-spot checks, the minimum inspection rates should be
determined using risk analysis and the factors to be taken into
consideration should be specified;
Whereas, in accordance with points (a) and (c) of Article 5 of Regulation
(EEC) No 2075/92, the grant of the premium is subject to the condition
that the leaf tobacco comes from a specified production area and is
delivered on the basis of a cultivation contract; whereas these conditions
may be easily circumvented if there is no check to verify that the area
declared on the contract has actually been cultivated with the variety
indicated; whereas a minimum number of checks by the Member States
on cultivated areas and the consequences when irregularities are
discovered both need to be established; whereas, while complying with
the principle of proportionality, those consequences must be sufficiently
dissuasive to prevent false declarations;!B
(1) OJ L 355, 5. 12. 1992, p. 1.
(2) OJ L 117, 7. 5. 1997, p. 1.
(3) OJ L 391, 31. 12. 1992, p. 36.
(4) OJ L 212, 30. 7. 1998, p. 23.1998R2848 — EN — 01.01.2000 — 003.001 — 5
Whereas, with a view to the prevention of fraud, the leaf tobacco must be
placed under supervision the moment the producer delivers it to the
first-processing undertaking; whereas the tobacco must remain under
supervision until processing and market preparation have taken place;
whereas it is also necessary to check any leaf tobacco imported from
third countries that undergoes first processing and market preparation in
an undertaking also processing leaf tobacco of Community origin;
Whereas the data and documents of processors and producers must be
accessible in a usable form for the checks to be carried out;
Whereas the consequences of any irregularities found should be
determined; whereas such consequences must be sufficiently deterrent
to prevent any illegal use of Community aid, while complying with the
principle of proportionality;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
TITLE I
Definitions
Article 1
For the purposes of this Regulation:
— ‘delivery’ means any operation taking place on a given day which
involves a producer handing over raw tobacco to a processing
undertaking under a cultivation contract,
— ‘producer group’ means a producer group recognised in accordance
with Article 4,
— ‘temporary transfer’ means the transfer of the quantities entered on
production quota statements for a maximum period of one year
which may not be renewed during the three-year quota allocation
period,
— ‘permanent transfer’ means the transfer of the quantities entered on
production quota statements for a period of more than one year
during the three-year quota allocation period,
— ‘first purchaser’ means the undertaking responsible for first
processing that first signs the cultivation contract,
— ‘batch’ means part or all of the tobacco of which a delivery has been
made by a producer, divided to form one or more distinct parts by
quality grade, whether in fact handed over separately or not, having a
well-defined weight and moisture content and numbered to identify
the purchase price paid and the individual producer,
— ‘control certificate’ means the document issued by the competent
control body certifying that the quantity of tobacco concerned has
been taken over by the first processor, that this quantity has been
delivered under the quota statements allocated to the producers and
that the operations have been carried out in accordance with the
rules.!B1998R2848 — EN — 01.01.2000 — 003.001 — 6
TITLE II
Producer groups
CHAPTER I
Recognition
Article 2
1. Member States shall recognise producer groups on application from
them.
2. Producer groups may not carry out first processing of tobacco.
3. Tobacco producers may not belong to more than one group.
Article 3
1. Producer groups must satisfy the following requirements:
(a) they shall be set up on the initiative of their members;
(b) they shall be set up with the aim of adapting collectively the
production of the producer members to meet the requirements of the
market;
(c) they shall adopt, and shall ensure that their members apply, common
rules for the production and the placing of their products on the
market, in particular as regards product quality and the use of
cultivation practices, and, where appropriate, shall purchase seed,
fertilisers and other means of production;
(d) their operation shall be regulated by articles of association restricting
their activities exclusively to raw tobacco. Under the articles of
association, producer members shall be at least obliged:
— to market the entire production intended for marketing through
the group,
— to comply with the common production rules;
(e) they must have quota statements relating to a quantity expressed in
tonnes equal to or greater than the percentage specified in Annex I of
the guarantee threshold for the Member State in which the group is
established.
Member States may fix a higher percentage and lay down minimum
conditions regarding the number of producers;
(f) their articles of association shall contain provisions to ensure that the
members of the group who wish to withdraw from membership may
do so:
— after they have been members of the group for a minimum of
one year following its recognition,
and
— on condition that they notify the group in writing by 31 October
at the latest of their withdrawal with effect from the following
harvest. These provisions shall apply without prejudice to
national laws or regulations designed to protect the group or its
creditors, in specified cases, against any financial consequences
which might result from the withdrawal of a member or to
preclude withdrawal of a member in the course of the financial
year;
(g) both the form in which they are set up and the entire range of their
activities shall preclude any discrimination which runs counter to the
operation of the common market and the attainment of the general!B1998R2848 — EN — 01.01.2000 — 003.001 — 7
objectives of the Treaty and, in particular, any discrimination
connected with the nationality or place of establishment:
— of producers or groups liable to become members of groups,
or
— of their economic partners.
However, producer groups may restrict their activities to certain
production areas. However, in such cases, individual producers
growing tobacco both inside and outside the production areas
concerned may become members of that producer group for their
entire production provided most of their crop is harvested within the
production areas covered by the group;
(h) they shall have legal personality or sufficient legal capacity to
exercise rights and be subject to obligations in accordance with
national law;
(i) they shall keep accounts enabling the competent authority to make a
full inspection of the use made by the group of the specific aid;
(j) they shall not hold a dominant position in the Community unless this
is necessary for the pursuit of the objectives laid down in Article 38
of the Treaty;
(k) their articles of association shall in addition make it compulsory for
their members to comply with the conditions laid down in
subparagraphs (c) and (d) at the latest from the date:
— on which recognition takes effect
or
— on which they become members if this is later than the date of
recognition.
2. Marketing through the group within the meaning of paragraph 1(d)
shall cover at least the following operations:
— the conclusion by the group in its own name and on its behalf of
cultivation contracts for the whole of the production of the members
of the group,
— the supply of the whole of the production of the members of the
group, prepared in accordance with common standards for delivery
to the processors.
Article 4
1. The Member States shall be competent to recognise producer groups
which have a registered headquarters on their territory.
2. The Member State concerned shall decide on applications for
recognition within 60 days of the date of submission of an application on
condition that the requirements of Article 3 are met.
3. The Member State shall determine the date on which recognition
takes effect. This may not precede the date on which the group actually
begins to operate.
Article 5
1. Each producer group shall update the information relevant to
recognition annually before 15 November and shall notify the Member
State of any change made since the previous period.
2. Producer groups meeting the conditions for recognition on 15
November may continue to be recognised in respect of the following
year’ s harvest.!B
!M2
!B1998R2848 — EN — 01.01.2000 — 003.001 — 8
3. Producer groups which no longer meet the conditions for recognition
on 15 November may, before the final date for the conclusion of
cultivation contracts referred to in Article 10(1), apply for recognition in
accordance with Article 4 in order to continue to be recognised in respect
of that year’ s harvest.
CHAPTER II
Withdrawal of recognition
Article 6
1. Recognition of a producer group shall be withdrawn by the Member
State concerned:
(a) if the specific aid is used for purposes other than those laid down in
Article 40(2);
(b) if the conditions for recognition are no longer fulfilled;
(c) if recognition is based on erroneous information;
(d) if the group obtained recognition by improper means;
(e) if the Commission decides that Article 85(1) of the Treaty applies to
the agreements, decisions and concerted practices.
(f) if the provisions of Article 51 are found to be applicable.2. Recognition shall be withdrawn by the Member State with effect
from the date on which the conditions for recognition are no longer met,
without prejudice to Article 5(2) and (3).
Aid paid after that date shall be recovered, together with interest from the
date of the payment of the aid to the date of its recovery. The interest rate
to be applied shall be that in force for analogous recovery operations
under national law.
3. In cases where recognition has been withdrawn because of serious
infringements, the aid to be recovered shall be increased by 30 %.
In such cases, and in cases where Article 51 has been applied,
recognition may not be restored within 12 months of the date of
withdrawal.
4. After recognition has been withdrawn, the producer group must
reapply for recognition.
TITLE III
First processors
Article 7
1. The Member State in whose territory the first processor is based
shall be responsible for approving first processors authorised to sign
cultivation contracts.
2. The Member State concerned shall decide on the application for
approval, in accordance with Article 6(2) of Regulation (EEC) No
2075/92 and other conditions which it has itself laid down, within 60
days of the date of submission of the application and shall fix the date
from which approval takes effect if the application is accepted. Approval
of a first processor may not predate the date of submission of the
application.
3. Approval of a first processor shall be withdrawn by the Member
State with effect from the following harvest from the date on which one
or more of the terms of approval are no longer met, or in the case
provided for in Article 53.!B1998R2848 — EN — 01.01.2000 — 003.001 — 9
TITLE IV
Premium scheme
CHAPTER I
Production areas
Article 8
For each group of varieties, the production areas referred to in Article
5(a) of Regulation (EEC) No 2075/92 shall be as laid down in Annex II
hereto.
Member States may specify more restricted production areas, especially
in the interests of quality. Restricted production areas may not exceed the
area of the administrative unit or, in France, the canton.
CHAPTER II
Cultivation contracts
Article 9
1. Cultivation contracts as referred to in Article 5(c) of Regulation
(EEC) No 2075/92 shall be concluded between a first processor, on the
one hand, and a producer group or individual producer who does not
belong to a group, on the other.
2. Cultivation contracts shall be concluded by group of varieties. They
shall commit the first processor to taking delivery of the quantity of leaf
tobacco provided for in the contract and the individual producer who is
not a member of a group or the producer group to deliver that quantity to
the first processor, to the extent that their actual production so allows.
3. Cultivation contracts must include at least the following details:(a) the parties to the contract;(b) the reference to the quota statement of the producer;
(c) the group of varieties of tobacco covered by the contract and, where
appropriate, the variety of tobacco;
(d) the maximum quantity to be delivered;(e) the exact location where the tobacco is produced (the production
area as referred to in Article 1, province, municipality, identification
of the parcel under the integrated control system referred to in
Article 43);
(f) the area of the parcel concerned, excluding service roads and
enclosures;
(g) the purchase price according to quality grade, excluding the
premium, any service charges and taxes;
(h) the minimum quality requirements agreed per quality grade, with a
minimum of three grades, and an undertaking by the grower to
deliver to the processor raw tobacco meeting at least these quality
requirements;
(i) a commitment by the first processor to pay the producer the purchase
price according to quality grade;
(j) the time limit for payment of the purchase price, which may not
exceed 30 days from the date of delivery;
(k) a clause providing for contracts to be auctioned if the Member State
concerned decides to apply Article 12;!B1998R2848 — EN — 01.01.2000 — 003.001 — 10
!M2
(l) an undertaking by the producer to replant the tobacco on the parcel
concerned by 15 June of the harvest year: However, if replanting is
delayed, the producer group or individual producer not belonging to
a producer group must inform the processor and the competent
authority of the Member State thereof by registered letter before that
date, giving the reason for the delay and giving details of any change
of parcel.
If the Member State has decided to pay premiums to producers through
the first processors in accordance with the second indent of Article 6(4)
of Regulation (EEC) No 2075/92, the cultivation contract must also
include an undertaking by the processor to pay the producer, in addition
to the price, an amount equal to the premium for the quantity covered by
the contract and actually delivered.
4. Contracts shall be valid for one harvest only.
5. Under Article 10(2) of Regulation (EEC) No 2075/92, the parties to
a cultivation contract may, by means of a written amendment, increase
the quantities initially specified in the contract, where the following
conditions are met:
(a) the amendment specifies the producer’s surplus production for each
group of varieties at the places and from the harvest covered by the
contract, up to a maximum of 10 % of the quota allocated to the
producer for that harvest;
(b) the amendment is submitted for registration to the competent
authority not later than the tenth day following the date laid down in
Article 16(1) of this Regulation.
The amendment referred to in the first subparagraph shall be registered
by the competent authority once it has been verified that the producer did
not carry over surpluses in the previous harvest.
Article 10
1. Cultivation contracts shall be concluded, except in cases of force
majeure , by 30 May of the harvest year.
2. Except in cases of force majeure , cultivation contracts once
concluded must be submitted for registration to the competent body no
later than 10 days after the deadline laid down for concluding them.
3. If the period for the conclusion of contracts provided for in
paragraph 1 or for the submission of cultivation contracts provided for in
paragraph 2 is exceeded by a maximum of 15 days, the premium to be
reimbursed shall be reduced by 20 %.
4. The competent body shall be that of the Member State in which
processing is to take place. Where processing is to take place in a
Member State other than that in which the tobacco was grown, the
competent body of the Member State in which processing is to take place
shall immediately send a copy of the registered contract to the competent
body of the producer Member State.
If that body does not itself carry out checks on the premium system, it
shall send a copy of the registered contract to the control agency.
Article 11
Where a cultivation contract is concluded between a processor and a
producer group, it shall be accompanied by a list containing the names of
the producers concerned, their respective areas in accordance with
Article 9(3)(e) and (f) and details of their quotas.
Article 12
1. The Member States shall decide, before 31 January of the year of
harvest, whether to apply a cultivation contract auction scheme covering
all such contracts signed in their territory.!B1998R2848 — EN — 01.01.2000 — 003.001 — 11
2. The auction scheme for cultivation contracts shall require a clause to
be included in contracts as referred to in Article 9(1) under which
producers may replace the first purchaser with another first processor not
later than 20 days before the date on which delivery of the tobacco
commences.
Such replacement may occur where a first processor that has declared
itself able to fully take over a contract makes one or more formal offers.
The new prices, excluding the premium, any service charges and taxes,
must be at least 10 % higher than the prices indicated in the contract.
3. Producers who have received formal offers shall inform the first
purchaser by registered letter of the new prices, excluding the premium,
any service charges and taxes.
4. First purchasers shall not be replaced in the contract where they
inform the producer within seven days of receiving the registered letter
referred to in paragraph 3 that they accept the new prices arising from the
auction procedure. First buyers who do not accept the new prices or who
fail to respond within the time limit laid down shall be replaced in the
contract by the first processor that formally offered the highest price to
the producer.
5. Producers shall inform the first purchaser and the Member State of
this replacement before the date on which delivery of the tobacco is to
commence by sending the latter an updated copy of the original contract
countersigned by the parties concerned.
6. Where tobacco produced in a Member State is processed in another
Member State, the cultivation contract auction scheme shall apply on the
basis of the provisions adopted by the producer’s Member State.
CHAPTER III
Minimum quality requirements
Article 13
Tobacco delivered to processors must be of sound, fair and merchantable
quality and free from any of the characteristics given in Annex III. The
contracting parties may agree on stricter quality requirements.
Article 14
The Member States may provide that disputes concerning the quality of
tobacco delivered to the first processor shall be submitted to an
arbitration body. The Member States shall lay down the rules governing
the membership and the decision-making procedures of such bodies; the
latter must include one or more representatives of producers and
processors, in equal numbers.
CHAPTER IV
Payment of premiums and advances
Article 15
1. The detailed rules for breakdown of the premium referred to in
Article 4a(1) of Regulation (EEC) No 2075/92, the minimum relation
between the variable part and the premium and the method for
calculating the variable part of the premium shall be as laid down in
Annex V to this Regulation. The Member States may increase the
relation between the variable part and the premium up to a maximum of
45 %.!B1998R2848 — EN — 01.01.2000 — 003.001 — 12
2. The fixed part of the premium to be paid either to producer groups
for distribution in full to each member of the group or to individual
producers who are not members of a group and the quantity to be set off
against the production quota statement of the party concerned shall be
calculated on the basis of the weight of leaf tobacco of the group of
varieties concerned corresponding to the minimum quality required and
taken over by the first processor.
Where the moisture content differs from the level laid down in Annex IV
for the variety concerned, the weight shall be adjusted for each
percentage point of difference, up to a maximum of 4 % moisture.
3. The methods for determining moisture content, sampling levels and
frequency and the method for calculating the adjusted weight shall be as
set out in Annex VI.
4. The variable part of the premium to be paid to producer groups for
redistribution in full to each member shall be calculated for each batch
delivered on the basis of the purchase price paid for that batch by the first
processor.
Article 16
1. Except in cases of force majeure , producers must deliver their entire
production to the first processor by 30 April of the year following the
year of harvest for the groups of varieties VI, VII and VIII and by 15
April of the year following the year of harvest for the other groups of
varieties, failing which they shall lose their entitlement to the premium.
The delivery must be made either directly to the place where the tobacco
will be processed or, if the Member State so authorises, to an approved
purchasing centre. The competent control body shall approve such
purchasing centres, which must have the appropriate facilities, weighing
scales and premises.
2. Each producer shall notify the competent control body in writing by
10 May for the groups of varieties VI, VII and VIII and by 25 April for
other groups of varieties of all quantities of leaf tobacco not delivered to
a first processor by the dates specified in paragraph 1, indicating the
place where the tobacco is stored. The competent body shall take the
necessary steps to ensure that any tobacco not delivered to a first
processor by the dates specified in paragraph 1 is not then declared as
part of the subsequent harvest.
Article 17
Individual producers who are not members of a group may deliver
tobacco from a given group of varieties from the same harvest to a single
processor only.
Article 18
1. The Member State’s competent body shall pay:
— the fixed part of the premium to the producer group or to the
individual producer who is not a member of a group,
— the variable part of the premium and the specific aid to the producer
group,
on the basis of a control certificate issued by the competent control body
certifying that the tobacco has been delivered and proof that the purchase
price referred to in Article 9(3)(i) has been paid.
2. Member States must pay the fixed part of the premium and the
specific aid to producers within 30 days of the date of submission of the
documents provided in paragraph 1.!B1998R2848 — EN — 01.01.2000 — 003.001 — 13
The variable part of the premium must be paid to the producer group
within 30 days following the date of submission of the documents
referred to in paragraph 1 and of a declaration issued by the group
concerned certifying that deliveries of each group of varieties have been
completed.
3. Producer groups shall pay the fixed and variable parts of the
premium to their members by bank or postal transfer within 30 days of
the date on which they receive the amount in question.
4. Payment to producer groups of the amounts referred to in paragraphs
1 and 2, and payment of the purchase price to producers by first
processors may be made only by bank or postal transfer, to accounts
earmarked for such payments the numbers of which shall be
communicated to the competent control body and which, in the case
of a producer group, must be linked to payments to individual producer
group members.
5. Notwithstanding paragraph 1, proof of payment of the purchase price
referred to in Article 9(3)(i) shall not be required where it is proven that
the first processor who signed the contract is the subject of bankruptcy or
similar proceedings or has been legally declared bankrupt.
6. The purchase price to be used for calculating the variable part of the
premium must be that established for each lot on delivery.
Article 19
1. Member States shall apply a system of advances on premiums for
producers in accordance with paragraphs 2 to 8.
2. The advance referred to in paragraph 1 shall be paid, on application
by the producer or, for the 2000 harvest, the first processor, on the basis
of a statement of eligibility for the advance, prepared by the competent
control body.
3. The following documents must accompany producers’ applications
for an advance save where a Member State provides otherwise on the
grounds that they are already in its possession:
(a) a copy of the cultivation contract concluded by the producer issued
in his name;
(b) a copy of the quota statement issued to the producer and covered by
the said cultivation contract;
(c) a written declaration from the producer concerned specifying the
quantities of tobacco he is in a position to deliver during the current
harvest.
4. The statement referred to in paragraph 2 shall be issued by the
control body once the documents referred to in paragraph 3 are verified
and the written declaration supplied by the producer is substantiated.
Where a first processor is concerned, that statement shall be issued on
the basis of the cultivation contracts concluded by him and of anticipated
or effected deliveries.
5. Payment of the advance, the maximum amount of which shall be
equal to the fixed part of the premium payable, shall be subject to the
lodging of a security equal to the amount of the advance plus 15 %.
The advance shall be paid from 16 October of the year of the harvest and
must be paid within 30 days of submission of the application referred to
in paragraph 2 and of proof that the security has been lodged save where
the application is submitted before 16 September, in which case the
period shall be increased to 77 days.!B
!M6
!B
!M2
!M61998R2848 — EN — 01.01.2000 — 003.001 — 14
6. Where the advance is granted to a producer group or a first processor
but has not been paid to the members or producers entitled or reimbursed
to the Member State within 30 days of receipt, interest shall be payable
on the amount still available at a rate to be determined by the Member
State. The interest shall be calculated from the date the advance was
received, and booked to the European Agricultural Guidance and
Guarantee Fund (EAGGF).
7. The advance paid shall be detected from the amount of the premium
payable under Article 18(1) or 20(1), starting from the first delivery
made.
The security lodged shall be released on presentation of the control
certificate for the quantity of tobacco in question and of proof that the
amount corresponding to the premium has been paid to the producers
entitled thereto. Member States shall establish any further conditions,
particularly the tobacco delivery periods or the minimum quantities for
which a control certificate may be drawn up.
Once 50 % of the premium due has been paid, 50 % of the security shall
be released.
The security lodged shall be released when the entire advance paid has
been deducted from the premiums payable.
8. Where (except in cases of force majeure ) deliveries are not made
within the time limit laid down in Article 16(1) which would enable full
deduction of the advance paid from the premiums payable, the security
lodged shall be forfeited at a rate equal to the amount of the advance not
recovered.
9. Member States shall determine any further conditions governing the
grant of advances, and in particular the final date for lodging
applications. Producers may not lodge an application for an advance
once they have begun making deliveries.
Article 20
1. For the 1999 and 2000 harvests, Member States may pay the
premium to producers through the first processors. In such cases, the
Member State’s competent body shall pay to processors:
— the fixed part of the premium for the producer groups and individual
producers who are not members of a group,
— the variable part of the premium and the specific aid for the producer
groups,
on the basis of the control certificate and proof that the purchase price
referred to in Article 9(3)(i) has been paid.
2. The Member State shall pay the premium to the first processor
within the following time limits:
(a) the fixed part of the premium and the specific aid, within 30 days of
the date of submission of the documents provided for in paragraph 1.
(b) the variable part of the premium, within 30 days of the date of
submission of a declaration issued by the producer group concerned
and the documents provided for in paragraph 1.
3. The first processor shall pay the fixed part of the premium and,
where applicable, the variable part of the premium and the specific aid,
to the producer concerned within 10 days of the date on which they
receive the amounts in question.
4. Payment of the amounts referred to in paragraph 1 may be made only
by bank or postal transfer, to accounts earmarked for such payments the
numbers of which shall be communicated to the competent control body
and which, in the case of a producer group, must be linked to payments
to individual producer group members.!M6
!B
!M61998R2848 — EN — 01.01.2000 — 003.001 — 15
Article 21
1. Premiums shall be paid or advanced by the Member State in which
the tobacco was produced. They shall be paid to the producer in the
currency of the Member State in which the tobacco was produced.
2. Where tobacco is processed in a Member State other than that in
which it was produced, the processing Member State shall, after carrying
out the necessary checks, provide the producer Member State with all the
information needed to enable it to pay the premium or release the
security.
TITLE V
Production quotas
CHAPTER I
Allocation of quotas
Article 22
1. Member States shall allocate production quotas for each group of
varieties for three consecutive harvests, within the limit of the guarantee
thresholds fixed under Article 9(2) of Regulation (EEC) No 2075/92, to
individual producers who are not members of a producer group and to
producer groups, in proportion to the average quantity of tobacco
delivered for processing by each individual producer or each producer
group over the three years preceding that of the most recent harvest.
2. Member States may either allocate the production quotas directly
among individual producers who are not members of a producer group
and producer groups, or require individual producers who are not
members of a producer group and producer groups to submit applications
for a production quota.
3. Member States shall issue quota statements to individual producers
who are not members of a producer group and to producer groups not
later than "M5the end of February 3of the year of harvest.
4. Within 15 days following the publication in the Official Journal of
the European Communities of the Regulation providing for the transfer
of guarantee threshold quantities from one group of varieties to another
in accordance with Article 9(4) of Regulation (EEC) No 2075/92, the
quantities entered in production quota statements following such
transfers shall be allocated fairly among the individual producers who
are not members of producer groups and the producer groups issued
production quota statements by the competent bodies of the Member
States. The quantities shall be allocated on the basis of objective
published criteria, to be laid down by the Member States after taking
account of the opinions of the inter-branch organisations recognised in
accordance with Regulation (EEC) No 2077/92. The competent bodies of
the Member States shall correct the quantities entered in production
quota statements where the individual producers who are not members of
producer groups and the producer groups concerned are issued
production quota statements within the time limit laid down in paragraph
3.
Article 23
Allocation of a production quota shall not prejudice the allocation of
quotas for subsequent years.!B
!M1
!B1998R2848 — EN — 01.01.2000 — 003.001 — 16
Article 24
1. The quotas for each producer shall be equal to the average quantity
each produces as a percentage of the total of the average quantities
calculated in accordance with Article 9 of Regulation (EEC) No 2075/92
and Articles 22 and 25 of this Regulation, such percentage being applied
to the specific guarantee threshold of the Member State for the group of
varieties in question.
2. In the case of producer groups, any members leaving a group shall
maintain entitlement to their own quota as calculated under paragraph 1.
3. The production quotas of producers who have newly begun to grow
tobacco or who have increased their quota under Article 29(3) must be
calculated as follows:
— for the harvests following the allocation under Article 29(3), and
until the next distribution of three-yearly production quotas, the
amended quotas shall remain unchanged,
— when quotas are allocated, producers shall obtain a production quota
in line with paragraph 1.
4. Producers who have increased their quota as the result of a
temporary transfer shall, when quotas are allocated, obtain a production
quota in proportion to the average quantity of tobacco delivered,
excluding the production quotas affected by the transfer.
5. Producers who have increased their quota as the result of a
permanent transfer shall, when quotas are distributed, obtain a
production quota in proportion to the average quantity of tobacco
delivered, including the production quotas affected by the transfer.
6. Producers’ percentages shall be expressed to at least four decimal
places. Quotas shall be fixed in kilograms.
Article 25
1. For the purposes of calculating the average quantities delivered for
processing, all the tobacco from a harvest shall be deemed to be
delivered during the calendar year of the harvest in question. However,
the quantities of tobacco delivered for processing on the basis of Article
9(5) shall be deemed to be delivered during the year of the harvest in
which they were entitled to the premium. Only tobacco actually delivered
and giving rise to entitlement to the premium shall be taken into account.
2. Quantities of tobacco delivered by producers located outside the
production areas recognised in accordance with Article 5(a) of
Regulation (EEC) No 2075/92 shall not be taken into account in the
calculation referred to in paragraph 1.
Article 26
1. Where tobacco produced in one Member State is processed in
another, the quotas shall be allocated in accordance with paragraphs 2, 3
and 4.
2. The processing Member State shall notify the producer Member
State, for each producer and group of varieties, of the quantities of raw
tobacco from the producer Member State delivered for processing during
the reference years to be used for calculating the production quotas under
Article 9(3) of Regulation (EEC) No 2075/92.
3. This information shall be forwarded not later than 15 November of
the year preceding the harvest in question.
4. The producer Member State shall allocate the corresponding
quantity of its specific guarantee threshold quantity to producers who
delivered tobacco to processors located in another Member State during
the reference years referred to in paragraph 2.!B1998R2848 — EN — 01.01.2000 — 003.001 — 17
When the production quotas are allocated, producers who delivered
tobacco to processors located in another Member State during the
reference years shall be treated in the same way as producers who
delivered their production to a processor located in their Member State.
CHAPTER II
Quota statements
Article 27
1. Member States shall issue production quota statements for each
group of varieties, within the limit of their guarantee thresholds, to
producers located in a production area recognised in accordance with
Article 5(a) of Regulation (EEC) No 2075/92.
The production quota statements shall indicate in particular the holder of
the certificate, the group of varieties and the quantity of tobacco for
which they are valid.
2. The Member States shall lay down the procedure for issuing
production quota statements and shall adopt measures to prevent fraud in
accordance with Article 17 of Regulation (EEC) No 2075/92.
3. Member States may lay down minimum quantities for the issue of
production quota statements. Those quantities may not exceed 500
kilograms.
4. Where producers can prove that, as a result of exceptional
circumstances, one of their harvests in the reference period was
abnormally low, the Member State shall, at the request of the party
concerned, determine the quantity to be taken into account for that
harvest when making out the quota statement; the quantity thus
determined may not exceed the quantities entered in the quota statements
allocated to the producer for the harvest in question.
CHAPTER III
Amendment of the guarantee threshold
Article 28
1. Where the guarantee threshold fixed for a group of varieties for a
particular harvest and a particular Member State is higher than the
guarantee threshold for the previous harvest, the quantity exceeding that
guarantee threshold shall be distributed following objective and
consistent criteria to be adopted and published by the Member State.
Member States may, in particular, stipulate that the additional quantities
are to be allocated, as a priority, to producers:
(a) for whom the quantity covered by their quota statement has been
reduced in relation to the previous harvest for another group of
varieties;
(b) who can significantly rationalise their production of tobacco of the
group of varieties in question if they receive the additional quantity.
2. Where the guarantee threshold fixed for a group of varieties for a
harvest and a Member State is lower than the guarantee threshold
applicable to the previous harvest, that reduction shall be shared among
producers in proportion to the average quantity of tobacco delivered for
processing by each individual producer over the three years preceding
that of the most recent harvest, without prejudice to the introduction of a
quota buy-back programme as provided for in Article 14 of Regulation
(EEC) No 2075/92.!B1998R2848 — EN — 01.01.2000 — 003.001 — 18
CHAPTER IV
National quota reserves
Article 29
1. In order to encourage producers to switch to other crops and to
restructure their holdings, the Member States shall set up a national
quota reserve for each group of varieties for each harvest.
2. This reserve shall be made up of quotas released by a linear
reduction in all the quotas allocated to individual producers and producer
groups to be set by the Member States at between 0,5 % and 2 % of the
guarantee threshold fixed each year for the same group of varieties.
In addition, the Member States may make use of the following:
— a linear reduction to be set by each Member State at up to 2 % of the
quantities entered on the statements of production quotas that have
been transferred permanently,
and/or
— production quotas that have not been covered by a cultivation
contract by the closing date for conclusion of such contracts.
3. The national reserve shall be distributed, in accordance with Chapter
I of this Title and the production areas recognised in accordance with
Article 5(a) of Regulation (EEC) No 2075/92, among producers, or those
who wish to become producers, on the basis of objective criteria
determined by each Member State.
Production quotas resulting from application of the first indent of the
second subparagraph of paragraph 2 may be allocated up to the time
limit for the conclusion of cultivation contracts.
CHAPTER V
Transfer of quotas
Article 30
Quotas may be transferred temporarily or permanently.
Article 31
1. Where a tobacco producing holding is transferred to a third party for
any reason whatsoever, the new incumbent shall be entitled to the
production quota statement from the date of registration with the
competent authority.
Member States shall fix a time limit or a deadline for the registration of
transfers with the competent authority. Except in the case of a transfer
following the death of the incumbent, where the transfer is submitted to
the competent authority for registration after the time limit fixed by the
Member State, entitlement to the production quota statement shall take
effect from the following harvest.
2. Where part only of a tobacco-producing holding is transferred to a
third party, the new incumbent shall be entitled to the production quota
statement in proportion to the agricultural area taken over. However, the
parties concerned may agree that full entitlement should be held by the
person formerly or newly entitled.
3. Without prejudice to paragraph l, producers who lease the areas they
farm shall maintain their entitlement to the quota when their lease
terminates.!B
!M6
!B
!M2
!B1998R2848 — EN — 01.01.2000 — 003.001 — 19
4. Several members of one family who jointly farm or have farmed a
tobacco-producing holding must apply for a single production quota
statement to be issued on the basis of the aggregate quantities to which
they are entitled.
Article 32
1. Subject to authorisation by the Member State concerned, producers
may exchange among themselves their rights to a production quota
statement for a group of varieties against a statement for a different
group of varieties.
2. Exchange of rights to a production quota statement in accordance
with paragraph 1 shall be considered a permanent transfer between the
producers concerned of the reference quantities on the basis of which the
statement was established.
Article 33
1. Within a single Member State, individual producers may transfer
between themselves, either temporarily or permanently, all or part of the
quantities in the production quota statements allocated to them, provided
the following conditions are met:
(a) the quota statement concerned has not yet been covered by a
cultivation contract;
(b) the transferee already has a production quota for the group of
varieties in question;
(c) the transfer has been the subject of a written agreement between the
parties concerned, referring to the statement relating to the
production quota, all or part of which is to be transferred;
(d) the agreement referred to at (c) has been submitted to the competent
authority for registration within 30 days of the date referred to in
Article 22(3);
(e) the original of the production quota statement of which all or part of
the quantities are to be transferred must be returned to the competent
authority when the transfer agreement is submitted;
(f) if the producer transferring a quota statement is a member of a
producer group, the transfer must be authorised by the group where
the transferee is not a member of the same producer group.
Authorisation must be granted by the producer group where no
member of the group has expressed interest in using the quantity
covered by the transfer on the terms offered. Where the transfer takes
place between producers who are members of the same producer
group, the group must be notified of the transfer;
(g) permanent transfer shall apply solely to producers furnishing proof
that growing contracts have been concluded in the last three years for
the quotas involved in the transfer.
2. The competent authority of the Member State shall register
agreements as referred to in paragraph l(c) within "M5thirty3
days of their submission, after checking that the conditions referred to in
paragraph 1(a), (b), (d), (e), (f) and (g) are met. On the same day, the
competent authority of the Member State shall issue:
— to transferees, an additional production quota statement correspond-
ing to the quantities of production quota that have been transferred,
— to producers who have transferred only part of the quantities covered
by their quota statement, a replacement production quota statement
corresponding to the quantities which have not been transferred.!B1998R2848 — EN — 01.01.2000 — 003.001 — 20
!M6
3. Transfers of production quotas as referred to in paragraph 1 may not
involve quantities of less than 100 kg except in the case of production
quotas of less than 100 kg, which are to be transferred in their entirety.
However, transfers of less than 100 kg must be notified to the
Commission.
CHAPTER VI
Buy-back of quotas
Article 34
1. Under Article 14(1) of Regulation (EEC) No 2075/92 and excluding
sensitive production areas and/or groups of high-quality varieties as
defined in paragraph 2, a quota buy-back programme with corresponding
reduction of the guarantee thresholds referred to in Article 8 of
Regulation (EEC) No 2075/92 shall be introduced to facilitate the
voluntary departure from the sector of individual producers.
2. The Commission shall determine, on the basis of proposals from the
Member States, to be submitted by 30 May of each harvest year, which
sensitive production areas and/or groups of high-quality varieties up to a
maximum of 25 % of each Member State’s guarantee threshold, are to be
exempt from application of the previous paragraph.
3. Paragraph 1 shall apply solely to producers furnishing proof that
growing contracts have been concluded in the last three years for the
quotas involved in the buy-back programme.
Article 35
1. Producers who decide to leave the sector under Article 34 must
inform the competent authority of the Member State and, in the case of
individual producers who are members of a producer group, their group,
in writing of their decision before 1 September of each harvest year.
2. From 1 September to 31 December, the Member State shall make
public the intention to sell so that other producers may buy the quota
before it is actually bought back.
Individual producers belonging to the same group as the producer who
has decided to leave the sector and the group concerned shall have
priority, in that order, over other producers if they wish to buy the quotas
available under the buy-back programme.
3. Once the four-month period is over, any quotas which have not been
bought by producers shall be permanently bought back.
4. From the harvest year following the date on which the producer
notifies the decision to leave the sector, the guarantee threshold for the
group of varieties concerned shall be reduced by the quantity bought
back.
Article 36
Producers whose quotas have been bought back for the 1999 harvest
shall be entitled, when the premiums for the 2000, 2001 and 2002 harvest
years are paid, to receive the following amounts each year:
— Group I quotas EUR 0,67741/kg,— Group II quotas EUR 0,54187/kg,
— Group III quotas EUR 0,54187/kg,
— Group IV quotas EUR 0,59591/kg,
— Group V quotas EUR 0,54187/kg,
— Group VI quotas EUR 0,93854/kg,!B1998R2848 — EN — 01.01.2000 — 003.001 — 21
— Group VII quotas EUR 0,79635/kg,
— Group VIII quotas EUR 0,56904/kg.
Producers whose quotas have been bought back in respect of the 2000
harvest will be entitled each year on payment of the premiums for the
2001, 2002 and 2003 harvests to the amounts indicated in the first
paragraph in respect of the 1999 harvest.
CHAPTER VII
Other provisions
Article 37
The Member States may provide that disputes concerning the distribution
or transfer of production quotas shall be submitted to an arbitration body.
The Member States shall lay down the rules governing the membership
and the decision-making procedures of such bodies.
Article 38
1. Member States shall establish a computerised database which shall
contain, for each processor and each producer and producer group,
information identifying their establishments or their holdings, the quotas
or the quantities appearing on production quota statements allocated to
them and any other information which may be useful for monitoring the
quota system.
2. Member States shall ensure that:— data in the computerised database are preserved,— the database is used exclusively for the application described in
paragraph 1,
— measures are applied to safeguard the data, in particular against theft
and interference,
— persons covered by the scheme have access to the files relevant to
themselves without excessive expense or delay,
— persons covered by the scheme are able to have information
concerning them changed, where justified, and in particular to have
data which is no longer of interest periodically deleted.
3. Processors and producers:— must not hinder in any way the establishment of the computerised
database by duly qualified officials,
— must provide these officials with all the information required
pursuant to this Regulation.
4. Member States shall ensure that, subject to national laws on the
protection of data of a personal nature, the quota of each individual
producer used for the conclusion of cultivation contracts or, where
applicable, the quota of each producer who is a member of a producer
group, is made public in such a way as to be known to all producers
concerned in a restricted production area as defined in Article 9 of this
Regulation.!B
!M5
!B1998R2848 — EN — 01.01.2000 — 003.001 — 22
Article 39
Where a production quota covers a producer group which is itself a
producer, the Member State shall ensure that the quantity in question is
distributed fairly between all members of the group. Member States must
also have at their disposal exact data on the production of all the
individual producers so that the production quotas may be allocated to
them if necessary.
In that case, Chapter I shall apply mutatis mutandis to distribution among
the members of the group; however, with the agreement of all the
members, the group may undertake a different distribution with a view to
improved organisation of production.
TITLE VI
Specific aid
Article 40
1. The specific aid referred to in Article 4a(5) of Regulation (EC)
No 2075/92 shall be 2 % of the premium.
2. The specific aid may be used by producer groups up to 30 June of the
year following that of harvest in the case of groups of varieties VI, VII
and VIII and up to 15 June of the year following that of harvest in the
case of the other groups of varieties and for the following purposes only:
— the employment of technical staff to assist members in improving the
quality of their production and respect for the environment,
— the supply to members of certified seeds and seedlings and of other
means of production in order to improve product quality,
— environmental protection measures,
— the implementation of infrastructure measures for enhancing the
value of products supplied by the members, in particular tobacco-
grading facilities,
— the employment of administrative staff to administer the premium
and ensure that the group complies with Community rules,
— the reimbursement of the costs incurred in lodging securities under
Article 42.
3. The expenditure referred to in the first, second and third indents of
paragraph 2 must be at least 30 % of the total specific aid for the 1999
harvest, 40 % for the 2000 harvest and 50 % for subsequent harvests.
Article 41
If the specific aid is paid by a Member State other than that in which
processing took place, the latter shall forward to the Member State
responsible for the payment of the aid, at its request, the proofs and
supporting documents referred to Article 18(1).
Article 42
1. On application, the Member State shall pay the producer group an
advance on the specific aid. The size of the advance shall be established
on the basis of the quantity of tobacco which the group has delivered to
the processor at the time the application is submitted. The Member State
shall lay down the additional conditions for payment of the advance.
2. Payment of the advance on the specific aid shall be subject to the
lodging of a security which shall be at least equal to the advance, plus
15 %.!B
!M2
!B1998R2848 — EN — 01.01.2000 — 003.001 — 23
3. The security shall be released upon presentation of the proof relating
to the specific aid, as referred to in Article 18(1) of this Regulation.
TITLE VII
Checks and penalties
CHAPTER I
Checks
Article 43
For the purpose of checking compliance with this Regulation, the
following Articles of Commission Regulation (EEC) No 3887/92 shall
apply:
— Article 6(1) for effective verification of compliance with the
conditions for granting aid,
— Article 11 for additional national penalties and cases of force
majeure ,
— Article 12 for the inspection report,— Article 13 for the on-the-spot check,— Article 15 for wrongly-made payments.
Article 44
1. The Member States shall set up inspection arrangements to ensure
effective verification of compliance with this Regulation and with
Regulation (EEC) No 2075/92 and shall adopt all the additional
measures necessary for the application of those Regulations.
The arrangements shall comprise the following:(a) administrative checks;(b) on-the-spot checks;(c) checks on deliveries of leaf tobacco;
(d) checks during first processing and market preparation of the tobacco.
2. Member States shall provide mutual assistance where necessary for
the purposes of the checks provided for in this Regulation and where
trade in leaf tobacco takes place between them.
Article 45
The administrative checks shall include cross-checks:
(a) on declared tobacco parcels against the database provided for in
Article 2 of Regulation (EEC) No 3508/92 to prevent aid being
wrongly paid twice for the same harvest. All declared tobacco
parcels must be checked;
(b) to check compliance with Article 2(3) of this Regulation.For the 1999 harvest, these cross-checks may be carried out on a sample.
Article 46
1. On-the-spot checks shall be carried out after risk analysis. Member
States shall carry out unannounced on-the-spot checks to verify:
(a) the information given in the cultivation contracts and in particular
the area, the group of varieties cultivated and the quantities of
tobacco in store referred to in Article 16(2).!B1998R2848 — EN — 01.01.2000 — 003.001 — 24
The area shall be determined by any appropriate means prescribed by
the competent authority and ensuring accuracy of measurement
equivalent at least to that required for official measurements under
national rules. The competent authority shall determine a level of
tolerance, in the light in particular of the measurement method
applied, the precision of the official documents available and the
local situation (for example, the slope or shape of plots).
For each processing undertaking, the checks shall cover at least 5 %
of the individual producers covered by the contracts registered for
each group of varieties; the sample to be inspected must be selected
by the competent authority on the basis, in particular, of a risk
analysis and ensure representative coverage of the different volumes
covered by contracts. Member States may decide that all or part of
the sample shall be checked by remote sensing;
(b) compliance with Articles 40(2) and (3) and 18(3) and (4) of this
Regulation.
Such checks shall each year cover at least 30 % of producer groups
in each Member State. In selecting the sample to be inspected, the
competent authority must ensure, in particular, representative
coverage of the different sizes of producer group.
2. The risk analysis shall take account of:— the quantities of raw tobacco covered by contracts in relation to the
areas declared as under tobacco,
— the results of the checks carried out in previous years,— other factors to be defined by the Member State.3. Where on-the-spot checks disclose significant irregularities in a
production zone or part of a production zone, the competent authorities
shall carry out additional checks in the current year and increase the
percentage of checks the following year in that production zone or part of
a production zone.
Article 47
1. The competent control body must check all deliveries. Each delivery
must be authorised by the competent control body, which must be
informed in advance so that it can determine the date of delivery. During
a check, the competent control body must verify that it has authorised the
delivery in advance.
2. If delivery is being made to an approved purchasing centre as
provided for in the second subparagraph of Article 16(1), unprocessed
tobacco, once checked, may leave the purchasing centre solely for the
purpose of being transferred to the processing plant. After the checks
have been made, the tobacco must be assembled in distinct quantities.
The transfer of these quantities to the processing plant must be
authorised in writing by the competent control body, which must be
informed in advance so that it can accurately identify the means of
transport used, the route, the time of departure and arrival and the
quantities of tobacco transported in each separate instance.
3. When the tobacco reaches the processing plant, the competent
control body shall verify that the separate quantities checked in the
purchasing centres are those actually delivered, in particular by weighing
them.
The competent control body shall lay down any special conditions it
deems necessary for checking the operations.!B1998R2848 — EN — 01.01.2000 — 003.001 — 25
Article 48
1. Checks during first processing and market preparation of the tobacco
shall be carried out after risk analysis. The Member States shall carry out
unannounced checks to verify compliance with Article 7, with the time
limit for payment of the purchase price provided for in Article 9(3)(j) and
with the time limit for payment of the amount provided for in Article
20(3).
2. The checks carried out during first processing and market
preparation must enable verification of the quantities of leaf tobacco
in each undertaking being checked, either produced in the Community or
originating in or coming from third countries, placed under supervision
and ensure that the tobacco subjected to this supervision is not released
therefrom before the first processing and market preparation operations
are completed and that no tobacco is submitted more than once for
checking. The checks shall include:
(a) an unannounced check of the processing undertaking’s stocks;
(b) a check when the tobacco leaves the place in which it was under
supervision, having undergone first processing and market prepara-
tion;
(c) all additional control measures that Member States deem necessary,
in particular to ensure that no premium is paid for raw tobacco
originating in or coming from third countries.
3. Checks during first processing and market preparation shall cover at
least 5 % of first processors; the sample to be inspected must be selected
by the competent authority on the basis, in particular, of a risk analysis
and ensure representative coverage of the different sizes of undertaking.
4. The risk analysis shall take account of:
— the results of the checks carried out in previous years,— change compared with the previous year,— other factors to be defined by the Member State.The checks referred to in paragraph 2 must be undertaken in the place
where the leaf tobacco is processed. Within a time limit to be determined
by the Member State, the undertakings involved shall notify their
competent bodies, in writing, of the places where processing will take
place. Member States may stipulate, to that end, the information to be
provided by the first-processing undertakings to the competent bodies.
CHAPTER II
Penalties
Article 49
The provisions of this chapter shall not apply in cases of force majeure .
Article 50
1. If checks reveal that the tobacco was not replanted on the parcel
indicated in the cultivation contract until after 15 June of the year of
harvest, the individual producer shall loser:
(a) 50 % of the premium for the current harvest, if replanting was
carried out by 30 June,
(b) all entitlement to the premium for the current harvest, if replanting
was, carried out after 30 June but by 30 July.
Where individual producers fail to grow tobacco or where replanting
takes place after 30 July of the current harvest year, they shall lose all
entitlement to the premium for the current harvest and to a production
quota for the following harvest.!B
!M21998R2848 — EN — 01.01.2000 — 003.001 — 26
2. Where the area actually cultivated falls short of the area declared by
more than 10 %, the premium to be paid to the producer in question for
the current harvest and the quota for the subsequent harvest shall be
reduced by twice the discrepancy found.
2a. Except where paragraph 2 applies, where the parcel on which the
tobacco is grown is different from the parcel indicated in the registered
cultivation contract, the premium to be paid to the producer concerned
for the current harvest shall be reduced by 5 %.
2b. Where the penalties referred to in paragraphs 1, 2 and 2b are applied
to an individual producer who is a member of a producer group, the
specific aid to the producer group to which that producer belongs shall
be reduced by an amount equal to half the reduction applied to the
producer. Where such penalties are applied for more than two
consecutive years, they shall be doubled from the third year.
3. Where the penalties referred to in paragraphs l and 2 are applied and
the individual producer is a member of a producer group, the production
quotas entered on the quota statement shall be reduced by the exact
quantities covered by the penalty relating to the production quota of the
producer to be penalised for the harvest in question, with no possibility
of a different allocation between the members of the producer group.
4. If the checks cannot be carried out for reasons attributable to the
producer, the area shall be considered uncultivated.
The penalties laid down in paragraphs l and 2 shall not apply to
producers or processors who notify the competent bodies in writing of
these discrepancies before the checks are undertaken or if farmers can
show that their determination of the area of the parcel concerned,
excluding service roads and enclosures, was accurately based on
information recognised by the competent authority.
5. If the competent control body establishes the presence of tobacco not
notified in accordance with Article 16(2), the quantity to be covered by
the quota statement to which the producer is entitled for the following
harvest shall be reduced by twice the quantity not declared.
Article 51
1. If the producer group has not complied with the rules for granting
premiums as provided for in Annex V , it shall lose its entitlement to
receive any specific aid for the current harvest. Producer groups found to
be in breach again after a second check shall have their recognition
withdrawn.
Where clerical errors are found, the specific aid for the current harvest
shall be reduced. Member States shall fix this reduction at between 1 %
and 20 % according to the seriousness of the error. The producer group
must rectify the consequences of any errors found.
2. If the producer group does not comply with the rules referred to in
Article 40(2) and (3), the specific aid shall be reduced by 20 % to 50 %,
according to the seriousness of the infringement. Producer groups found
to be committing a further infringement shall have their recognition
withdrawn.
If producer members of a producer group are not paid the full amount of
the fixed part and the variable part of the premium within 30 days of the
deadline referred to in Article 18(3), the specific aid shall be reduced by
20 %. The specific aid shall be reduced by an additional 20 % for each
additional period of 30 days, up to a maximum of 150 days.
3. Producer group administrators responsible deliberately or by serious
negligence for the withdrawal of recognition in accordance with
paragraphs 1 and 2 may not administer another producer group or
submit an application for recognition during the year of application of
the penalty.
4. Recognition shall be withdrawn in accordance with Article 6.!M2
!B1998R2848 — EN — 01.01.2000 — 003.001 — 27
Article 52
If the unprocessed tobacco has not been delivered to the places provided
for in the second subparagraph of Article 16(1) or the transporter
conveying distinct quantities of tobacco as referred to in Article 47(2)
from the purchasing centre to the processing plant does not have
authorisation to effect transport, the processing undertaking which
received the tobacco concerned must pay the Member State a sum of
money equal to the premiums for the quantity of tobacco in question.
This amount shall be booked to the European Agricultural Guidance and
Guarantee Fund (EAGGF).
Article 53
1. If the time limit for payment of the purchase price provided for in
Article 9(3)(j) and the time limit for payment of the amount provided for
in Article 20(3) are exceeded by 30 days, the first processor’ s approval
shall be withdrawn for one year. Approval shall be withdrawn for a
further year up to a maximum of three years for every additional period
of 30 days.
2. Following a period of withdrawal, first processors must submit a new
application for approval.
3. First processors’ administrators responsible deliberately or by
serious negligence for withdrawal of approval may not administer
another approved first processor or submit an application for approval
during the first year in which the penalty is applied.
TITLE VIII
Notifications to the Commission
Article 54
Each Member State concerned shall immediately notify the Commission
of:
(a) application of the second subparagraph of Article 3(1)(f);
(b) refusal or withdrawal of recognition of a producer group, giving its
reasons for refusing or withdrawing recognition;
(c) the names and addresses of the bodies responsible for the registration
of cultivation contracts and of the first-processing undertakings
approved by each Member State. The Commission shall publish a list
of those bodies and approved first-processing undertakings in the ‘C’
series of the Official Journal of the European Communities ;
(d) application of Article 12(1);
(e) application of Article 20(1);(f) the decisions it intends to take under Article 27(4);(g) the measures taken under Article 28(1);(h) the rules for making up the national reserve and the objective criteria
for distributing the national reserve adopted under Article 29(2) and
(3);
(i) the quantities permanently transferred by group of varieties under
Article 33;
(j) the quantities which have been the subject of a quota buy-back
application and the quantities bought back by group of varieties
under Article 35;
(k) the national measures taken to apply this Regulation;(l) other information needed by the Commission for proper adminis-
tration of the arrangements;!B1998R2848 — EN — 01.01.2000 — 003.001 — 28
!M1
m) the objective criteria laid down by the Member State for the purpose
of allocating guarantee threshold quantities transferred to another
group of varieties in accordance with Article 22(4).
The computer database established under the integrated administration
and control system shall be used for notifying the information specified
in this Article.
TITLE IX
Transitional and final provisions
Article 55
1. For the 1999 harvest, by derogation from the second indent of Article
3(1)(f), producers who are members of more than one producer group
may notify a group in writing of their withdrawal from membership up to
31 January 1999.
2. For the 1999 harvest, by derogation from Article 22(3), the Member
States shall issue the quota statements to individual producers who are
not members of a group and to producer groups by 15 April at the latest.
3. For the 1999 harvest, by derogation from Article 10(1), the
cultivation contracts must be concluded, except in cases of force
majeure, by 30 June at the latest.
Article 56
Regulations (EEC) No 3478/92, (EEC) No 84/93 and (EC) No 1066/95
are hereby repealed with effect from the date of entry into application of
this Regulation.
Article 57
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply with effect from the 1999 harvest.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
!M3
!B1998R2848 — EN — 01.01.2000 — 003.001 — 29
ANNEX I
PERCENTAGES OF THE GUARANTEE THRESHOLD PER MEMBER STATE OR SPECIFIC REGIONS FOR
THE RECOGNITION OF PRODUCER GROUPS
Member State of specific region of establishment of the producer group Percentage
Germany, Spain (except Castile-Leon, Navarre and the Campezo zone in the BasqueCountry), France (except Nord-Pas-de-Calais and Picardy), Italy, Portugal (except theAutonomous Region of the Azores), Belgium, Austria2%
Greece (except Epirus), Autonomous Region of the Azores (Portugal), Nord-Pas-de-
Calais and Picardy (France)1%
Castile-Leon (Spain), Navarre (Spain), Campezo zone in the Basque Country (Spain),
Epirus (Greece) 0,4 %!
B1998R2848 — EN — 01.01.2000 — 003.001 — 30
ANNEX II
RECOGNISED PRODUCTION AREAS
Group of varieties in accordance
with the Annex to Regulation (EEC)
No 2075/92Member State Production areas
I. Flue-cured Germany Schleswig-Holstein, Lower Saxony, Bavaria, Rheinland-Pfalz, Baden-
Württemberg, Hessen, Saarland, Brandenburg, Mecklenburg-Pomer-
ania, Saxony, Saxony-Anhalt, Thuringia
Greece Thrace, Eastern Macedonia, Central Macedonia, Western Macedonia,
Thessaly, Epirus, Eastern Central Greece, Western Central Greece,Peloponnese
France Aquitaine, Midi-Pyrénées, Auvergne-Limousin, Champagne-Ardenne,
Alsace-Lorraine, Rhône-Alpes, Franche-Comté, Provence-Alpes-Côte
d’Azur, Loire Region, Centre, Poitou-Charente, Brittany, Languedoc-Roussillon, Normandy, Burgundy, Nord-Pas-de-Calais, Picardy, Île-de-France
Italy Friuli, Veneto, Lombardy, Piedmont, Tuscany, Marche, Umbria, Lazio,
Abruzzi, Molise, Campania, Basilicata, Apulia, Calabria
Spain Extremadura, Andalusia, Castile-Leon, Castile-La ManchaPortugal Beira Interior, Ribatejo Oeste, Alentejo, Autonomous Region of the
Azores
Austria Burgenland, Lower Austria, Upper Austria, Styria
II. Light air-cured Belgium Flanders, Hainaut, Namur, Luxembourg
Germany Bavaria, Rheinland-Pfalz, Baden-Württemberg, Hessen, Saarland,
Brandenburg, Mecklenburg-Pomerania, Saxony, Saxony-Anhalt,
Thuringia
Greece Eastern Mace donia, Central Macedonia, Western Macedonia,
Thessaly
France Aquitaine, Midi-Pyrénées, Auvergne-Limousin, Als ace-Lorraine,
Rhône-Alpes, Provence-Alpes-Côte d’Azur, Franche-Comté, Loire
Region, Centre, Poitou-Charente, Brittany, Burgundy, Languedoc-
Roussillon, Champagne-Ardenne, Picardy, Nord-Pas-de-Calais, Nor-mandy, Réunion and Ile-de-France
Italy Veneto, Lombardy, Piedmont, Umbria, Emilia-Romagna, Lazio,
Abruzzi, Molise, Campania, Basilicata, Apulia, Sicily, Friuli, Tuscany,
Marche
Spain Extremadura, Andalusia, Castile-Leon, Castile-La ManchaPortugal Beiras, Ribatejo Oeste, Entre Douro e Minho, Trás-os-Montes,
Autonomous Region of the Azores
Austria Burgenland, Lower Austria, Upper Austria, Styria
III. Dark air-cured Belgium Flanders, Hainaut, Namur, Luxembourg
Germany Rheinland-Pfalz, Baden-Württemberg, Hessen, Saarland, Bavaria,
Brandenburg, Mecklenburg-Pomerania, Saxony, Saxony-Anhalt,Thuringia
France Aquitaine, Midi-Pyrénées, Languedoc-Roussillon, Auvergne-Limou-
sin, Poitou-Charente, Brittany, Loire Region, Centre, Rhône-Alpes,
Provence-Alpes-Côte d’Azur, Franche-Comté, Alsace-Lorraine,
Champagne-Ardenne, Picardy, Nord-Pas-de-Calais, Normandy, Bur-gundy, Réunion
Italy Friuli, Trentino, Veneto, Tuscany, Lazio, Molise, Campania, Apulia,
Sicily
Spain Extremadura, Andalusia, Castile-Leon, Castile-La Mancha, Valencia
(Autonomous Community), Navarre, Rioja, Catalonia, Madrid,
Galicia, Asturias, Cantabria, area of Compezo in the Basque Country,La Palma (Canary Islands)
Austria Burgenland, Lower Austria, Upper Austria, Styria!
M31998R2848 — EN — 01.01.2000 — 003.001 — 31
Group of varieties in accordance
with the Annex to Regulation (EEC)
No 2075/92Member State Production areas
IV . Fire-cured Italy Veneto, Tuscany, Umbria, Lazio, Campania, Marche
Spain Extremadura, Andalusia
V . Sun-cured Greece Western Macedonia, Thessaly, Epirus, Eastern Central Greece,
Western Central Greece, Peloponnese, Thrace and islands
Italy Lazio, Abruzzi, Molise, Campania, Basilicata, Apulia, Sicily
VI. Basmas Greece Thrace, Eastern Macedonia, Central Macedonia, Western Macedonia,
Thessaly, Western Central Greece
VII. Katerini and similar var-
ietiesGreece Eastern Mace donia, Central Macedonia, Western Macedonia,
Thessaly, Epirus, Eastern Central Greece, Western Central Greece
VIII. Kaba Koulak classic, El-
assona, Myrodata de Ag-
rinion, ZichnomyrodataGreece Eastern Mace donia, Central Macedonia, Western Macedonia,
Thessaly, Epirus, Eastern Central Greece, Western Central Greece,
Peloponnese and islands, Thrace!M31998R2848 — EN — 01.01.2000 — 003.001 — 32
ANNEX III
Minimum quality requirements
Tobacco eligible for the premium referred to in Article 3 of Regulation (EEC)
No 2075/92 must be of sound and fair merchantable quality having regard to thetypical characteristics of the variety concerned and must not contain any of the
following:
(a) pieces of leaf;
(b) leaf badly worn by hail;(c) leaf with serious damage on more than one third of the surface;(d) leaf diseased or attacked by insects on more than 25 % of the surface;
(e) leaves marked by pesticides;
(f) leaf which is unripe or distinctly green in colour;(g) leaf damaged by frost;(h) leaf attacked by mould or rot;
(i) leaf with uncured veins, moist or attacked by rot or with pulpy or prominent
stems;
(j) leaf from suckers or side-shoots;
(k) leaf having an unusual odour for the variety in question;(l) leaf with soil still adhering;(m) leaf with a moisture content exceeding by more than four points the moisture
content laid down in Annex IV .!
B1998R2848 — EN — 01.01.2000 — 003.001 — 33
ANNEX IV
MOISTURE CONTENT REFERRED TO IN ARTICLE 15
Group of varieties Moisture content (%)
I. Flue-cured 16
II. Light air-cured
Germany, France, Belgium, Austria, Portugal —
Autonomous Region of the Azores 22
Other Member States and other recognised
production areas in Portugal 20
III. Dark air-cured
Belgium, Germany, France, Austria 26
Other Member States 22
IV . Fire-cured 22
V . Sun-cured 16
VI. Basmas 16
VII. Katerini 16
VIII. Kaba Koulak classic, Elassona, Myrodata Agrinion,
Zichnomyrodata 16!B1998R2848 — EN — 01.01.2000 — 003.001 — 34
ANNEX V
A. Rules for breakdown of the premium
1. The premium comprises:
— specific aid = 2 % of the premium,
— variable part of the premium = percentage of the premium adjusted
by group of varieties and Member State as shown at section B and in
accordance with Article 15(1),
— fixed part of the premium = difference between the premium after
deduction of the amount withheld for financing the Fund and the
sum of the specific aid and the variable part of the premium.
2. The additional amount laid down in Article 3(2) of Regulation (EEC)
2075/92 is added to the fixed part of the premium.
B. Relation between the variable part and the premium
1999
I
(Flue-
cured)II
(Light
air-cured)III
(Dark
air-cured)IV
(Fire-
cured)V
(Sun-
cured)Other
VI
BasmasVII
KateriniVIII
K. Koulak
Italy 20 % 20 % 20 % 20 % 25 % 15 %
Greece 20 % 20 % 25 % 15 % 15 % 15 %Spain 20 % 20 % 20 % 20 %Portugal 20 % 20 %France 20 % 20 % 20 %Germany 20 % 20 % 20 %Belgium 20 % 20 %Austria 20 % 20 % 20 %
2000
I
(Flue-
cured)II
(Light
air-cured)III
(Dark
air-cured)IV
(Fire-
cured)V
(Sun-
cured)Other
VI
BasmasVII
KateriniVIII
K. Koulak
Italy 25 % 25 % 25 % 25 % 35 % 20 %
Greece 25 % 25 % 35 % 20 % 20 % 20 %Spain 25 % 25 % 25 % 25 %Portugal 25 % 25 %France 25 % 25 % 25 %Germany 25 % 25 % 25 %Belgium 25 % 25 %Austria 25 % 25 % 25 %!
B
!M21998R2848 — EN — 01.01.2000 — 003.001 — 35
2001 and subsequent harvests
I
(Flue-
cured)II
(Light
air-cured)III
(Dark
air-cured)IV
(Fire-
cured)V
(Sun-
cured)Other
VI
BasmasVII
KateriniVIII
K. Koulak
Italy 35 % 35 % 40 % 32 % 45 % 30 %
Greece 35 % 35 % 45 % 30 % 30 % 30 %Spain 35 % 35 % 40 % 32 %Portugal 35 % 35 %France 35 % 35 % 40 %Germany 35 % 35 % 40 %
Belgium 35 % 40 %
Austria 35 % 35 % 40 %
C. Variable part of the premium
The variable part of the premium is equal to:
A=summa QL /C2PP ðÞ ½/C138 /C2 QL /C2PP ðÞ .
Where A is the total amount of the variable premium available to a producer
group for a group of varieties, QL is the quantity delivered by batch and PP isthe purchase price for each batch of the producer group member for the groupconcerned.
For each group of varieties, the producer group must divide the total available
amount of the variable premium for the group of varieties concerned by thesum of the quantities delivered by batch, multiplied by the purchase price foreach lot. The result of this division must be multiplied by the product of the
quantity of each batch multiplied by its purchase price. A variable premium
equal to zero should be attributed to batches sold for a price between theminimum price and the minimum price plus 40 % for each group of varietiesgrown by the producer group.
However, for the 1999 harvest each Member State may, before 30 July, set a
rate of more than 40 % to add to the minimum price.!
M2
!B
!M41998R2848 — EN — 01.01.2000 — 003.001 — 36
ANNEX VI
COMMUNITY METHODS FOR THE DETERMINATION OF THE
MOISTURE CONTENT OF RA W TOBACCO
I. METHODS TO BE USED
A.Beaudesson method
1. Apparatus
Beaudesson EM10 drying oven
A warm air electric dryer in which the air is passed over the sample
to be dried by forced convection by means of a special ventilationfan. The moisture content is determined by weighing before and
after drying, the balance being calibrated in such a way that the
reading given by the 10 g quantity used corresponds directly to themoisture content value in %.
2. Procedure
A 10 g quantity is weighted out in a pan with a perforated base and
then put into the drying column, where it is supported by a spiralring. The oven is turned on for five minutes, during which time thewarm air causes the sample to dry at a temperature of about 100 °C.
At the end of five minutes, an automatic timer stops the process.
The temperature of the air at the end of the drying process isrecorded from a built-in thermometer. The sample is weighed and itsmoisture content is read directly and corrected if necessary by the
addition or subtraction of 10 of a % according to the temperature
reading, using the scale provided with the apparatus.
B.Brabender method
1. Apparatus
Brabender oven
An electric dryer consisting of a thermostated cylindrical chamber,
ventilated by forced convection, into which are simultaneouslyplaced 10 metal pans, each containing 10 g of tobacco. These pans
are put onto a table, which can be rotated by means of a central
handwheel into 10 different positions, allowing each of the pans,after drying, to be placed in a position where it can be weighedwithin the apparatus: a system of levers allows each of the pans in
turn to be placed on the arm of a built-in balance, without having to
remove the samples from the chamber. The balance has an opticalread-out scale, and gives a direct reading for the moisture content. Asecond balance is attached to the apparatus, being used only to
weigh out the initial quantities.
2. Procedure
The thermostat is set at 110 °C.
The chamber is set to preheat: minimum period 15 minutes.10 quantities of 10 g are weighed out.The oven is filled.The samples are dried for 50 minutes.Weights for determination of the gross moisture content are read.
C.Other methods
Member States may use other methods of measurement, based in
particular on the determination of the electrical resistance or dielectric
properties of the batch concerned, on condition that the results are
calibrated on the basis of an examination of a representative sampleusing one of the methods referred to in A and B.!
B1998R2848 — EN — 01.01.2000 — 003.001 — 37
II. SAMPLING
The following is the procedure to be followed for the sampling of leaf
tobacco for determination of its moisture content using one of the methodsreferred to in I.A and B:
1. Selection of samples
Select from each bale a number of leaves proportional to its weight. The
number of leaves selected should be sufficient to be properlyrepresentative of the bale as a whole.
The sample must include equal quantities of leaf from the outside of the
bale, leaf from the centre and leaf from a position intermediate to these.
2. Homogenisation
All the leaves selected are mixed together in a plastic bag and several
kilograms of them are chopped up (cutting width 0,4 to 2 mm).
3. Sub-sampling
After chopping, mix the chopped leaves thoroughly and withdraw a
representative sample.
4. Measurement
Measurement must be carried out on the whole of this reduced sample
and precautions should be taken to ensure that:
— no variations in moisture content occur (air- and water-tight bag or
container),
— the homogeneity of the sample is not affected by settling of waste.
III. SAMPLING LEVELS AND FREQUENCY AND THE METHOD FOR
CALCULATING THE ADJUSTED WEIGHT
— the number of samples to be taken to determine the moisture content of
the raw tobacco must be equal to at least three per producer per deliveryfor each group of varieties. Producers and first processors may requeston delivery for the number of samples taken to be increased,
— the weight of the tobacco delivered per group of varieties in the course of
the same day is to be adjusted according to the average moisture content
measured. If the average moisture content is less than one point higher or
lower than the reference moisture content, the weight of the tobaccoeligible for the premium is not to be adjusted,
— the adjusted weight is: the total net weight of the tobacco delivered per
group of varieties in the course of the same day x (100 - average moisturecontent)/(100 - reference moisture content for the variety in question).
The average moisture content must be a whole number given by
rounding down for decimals between 0,01 and 0,49 and rounding up fordecimals between 0,50 and 0,99.!
B1998R2848 — EN — 01.01.2000 — 003.001 — 38