1998R2848 — EN — 01.01.1999 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 2848/98
of 22 December 1998
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EEC)No2075/92asregards
thepremiumscheme,productionquotasandthespecificaidtobegrantedtoproducergroupsin
the raw tobacco sector
(OJ L 358, 31.12.1998, p. 17)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 731/1999 of 7 April 1999 L93 20 8.4.1999
►M2Commission Regulation (EC) No 2162/1999 of 12 October 1999 L265 13 13.10.1999
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COMMISSION REGULATION (EC) No 2848/98
of 22 December 1998
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EEC) No2075/92 as regards the premium scheme, productionquotasandthespecificaidtobegrantedtoproducergroupsinthe
raw tobacco sector
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
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,
WhereasRegulation(EC)No1636/98introducedafundamentalreform
oftherawtobaccosectortoimproveitseconomicposition;whereasthisreform entailed a variation of Community aid in line with productquality, greater flexibility and simplicity in the quota system, strictercontrolproceduresandimprovedobservanceofpublichealthandenvir-onmental protection requirements;
Whereas, detailed implementing rules must be adopted following this
reform; whereas, in order to simplify agricultural legislation, Commis-sionRegulations(EEC)No3478/92(
3),aslastamendedbyRegulation
(EC) No 1578/98(4), (EEC) No 84/93(5), as last amended by Regula-
tion (EC) No 621/96(6) and (EC) No1066/95(7), as last amended by
Regulation (EC) No 1578/98, should be replaced by a single Regula-tion;
Whereas, with regard to the conditions for recognition of producer
groups,theminimumsizeshouldbefixedasapercentage,representingthe relationship between the quantities in the quota statements and theMemberState’sguaranteethreshold;whereas,forthepurposeofrecog-nising producer groups, Member States should be able to increase thepercentageofquotastatementsintheirterritoryandlaydownminimumrecognition conditions concerning the number of producers;
Whereastherequirementsfortherecognitionofproducergroupsshould
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, tofacilitate the transition, producers who are members of more than onegroup should be given the opportunity of withdrawing from member-ships by 31 January 1999;
Whereas, in line with the intentions of Article 12 of Regulation (EEC)
No2075/92 and in particular to prevent distortion of competition andmonitoring difficulties, producer groups should be debarred fromengaging in first processing;
Whereastoensureuniformityofadministrativeprocedures,rulesshould
be laid down on applications for and the grant and withdrawal ofrecognition and the monitoring of the recognition requirements;
Whereas a mechanism should be introduced for the approval of
processing undertakings authorised to sign cultivation contracts, suchapprovalshouldbewithdrawnwheretherulesarenotobservedandthe
(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.
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special conditions governing the processing of tobacco in a MemberState should be laid down;
Whereastherecognisedproductionareasshouldbefixedforeachgroup
of varieties of tobacco on the basis of the traditional production areasfor the purposes of granting the premium; whereas, in view of therelativelysmallareaofFrenchcommunes,thoseareasshouldbebasedon cantons rather than communes in France; whereas Member Statesshould be permitted to limit production areas in order, in particular, toimprove quality;
Whereas the main points which must be included in cultivation
contracts must be specified; whereas contracts must be limited to oneharvest so that account can be taken of future changes in the market;whereassufficientlyearlyfinaldatesfortheconclusionandregistrationofcontractsshouldbefixedtoenablethemtoguarantee,fromtheverybeginningoftheyearofharvest,bothstableoutletstoproducersforthecoming 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 benotified to permit effective management and control;
Whereasanoptionalauctionsystemforcultivationcontractsshouldbe
established for use by the Member States so that contract prices canreflect market conditions;
Whereas raw tobacco eligible for the premium must be of sound and
fair merchantable quality and free of certain characteristics whichprevent normal marketing;
Whereas the premium comprises a fixed part, a variable part and a
specificaidandtherelationbetweenthedifferentpartsofthepremiummayvaryaccordingtovarietyandproducerMemberState;whereasthefixed part must be paid for the quantity of leaf tobacco delivered byproducers 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 Communityproduction, the variable part of the premium should be paid by theproducer group to its members after comparing the market pricesobtained for each batch delivered by individual members of the group;whereas, to ensure that this system is effective, a variable premiumequal to zero should be attributed to batches sold for a price betweentheminimumpriceandtheminimumpriceplus50%foreachgroupofvarieties;
Whereasthepremiumshouldbeadjustedwherethemoisturecontentof
tobaccodelivereddiffersbyupto4%fromthemoisturecontentfixedfor each group of varieties on the basis of reasonable quality require-mentsandinordertosimplifychecksondelivery,samplinglevelsandfrequencytogetherwiththemethodforcalculatingtheadjustedweightfor determining the moisture content should be fixed;
Whereas the period of delivery of the tobacco to processors should be
limited(butvaryasnecessarybygroupofvarieties)inordertopreventfraudulent carry-over from one harvest to another;
Whereas the conditions governing the payment of premiums and
purchasepricesshouldbelaiddowninordertopreventfraud;whereas,however, it is the responsibility of the Member States to determinefurthermanagementandcontrolarrangementspursuanttoArticle17(1)of Regulation (EEC) No2075/92;
Whereas premiums may be paid only after a check on deliveries, to
guarantee that the operations concerned have actually been carried outand that the quota arrangements have been complied with; whereas,however,thepaymentofadvancestoproducersof50%ofthepremiumdue should be provided for on condition that an adequate security islodged;whereas,tomakeitpossibleforadvancestobepaidtogroupswhichcannotbearthecostsoflodgingsecurities,itshouldbepermittedto use the specific aid to cover those costs;
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Whereas Regulation (EEC) No2075/92 provides for Member States topaythepremiumdirecttoproducersandthatproducersmaycarryovertheirsurplusproductiontothenextharvest,uptoamaximumof10%of the quota allocated to them;
WhereasArticle9ofRegulation(EEC)No2075/92introducesaquota
systemforthedifferentgroupsofvarietiesoftobacco;whereasthetimelimits for allocation of quotas must be fixed early enough to enableproducerstotakethegreatestpossibleaccountthereofwhenproducingtobacco;
Whereas under Article 9(3) of Regulation (EEC) No2075/92, produc-
tionquotasaretobeassignedtoproducersinproportiontotheaveragequantity of tobacco delivered for processing over the three yearspreceding that of the most recent harvest and the quotas thus assignedaretobevalidforthreeyears;whereasallocationofacertainquantity,giving entitlement to the premium for a given harvest, does not implyacquisition of any right in subsequent years;
WhereasnationalquotareservesshouldbesetupineachMemberState
inordertoincreasetheflexibilityofthequotaallocationarrangements,to encourage producers to switch to other crops and to facilitate therestructuring of agricultural holdings in the Member States; whereasthesenationalreservesshouldbemadeupofquotasreleasedbyalinearreductioninallthequotasallocatedtoproducersandbyMemberStatesbeing able to apply a linear reduction to the quantities entered onproduction quota statements that have been transferred permanently,togetherwithquotasthathavenotbeencoveredbycultivationcontractsconcluded, including quantities entered on production quota statementsthat have been transferred temporarily;
Whereasaprocedureshouldbelaiddownforcalculatingthequotafor
producers who have started growing tobacco or who have increasedtheir quota;
Whereasprovisionsareneededtotakeaccountofcaseswheretobacco
isprocessedinMemberStatesotherthantheMemberStateinwhichithasbeenproduced;whereasinsuchcasesthequantityofrawtobaccoinquestion should be taken over in the Member State where it wasproduced, for the benefit of producers in that Member State;
Whereasproductionquotastatementsshouldbeissuedtoproducerson
the basis of their tobacco deliveries from the harvests in the referenceyears;whereasMemberStatesmustbeabletoincreasethequantitiestobetakenintoaccountforcertainproducersoperatinginspecialcircum-stances;
Whereas the threshold quantities applicable for a harvest may exceed
thosefixedforthepreviousharvestforcertaingroupsofvarietieswhilefallingshortofthosefixedforothers;whereastheadditionalquantitiesshould be distributed among the parties concerned on the basis ofobjective criteria, taking account of certain priorities to be determinedby the Member States in the light of their situation;
Whereas the transfer of production quotas within a single group of
varieties,oneitheranannualorapermanentbasis,shouldbepermittedand a right of priority should be established between producers toencourage the transfer of quotas between producers who are membersofthesameproducergroup;whereasaccountshouldnotbetakenwhencalculatingthequotaofeachproducerofquantitiesdeliveredaspartofan annual transfer;
Whereasaccountshouldbetakenofthefactthataproductionunitcan
bejointlyexploitedbymembersofonefamily,particularlywithregardto minimum quantities per production quota statement and fraudprevention;
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;
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Whereas a quota buy-back scheme should be set up with a corre-
spondingreductionoftheguaranteethresholdsinordertofacilitatethevoluntarydeparturefromthesectorofindividualproducers;whereastheamounts to which producers whose quotas are bought back will beentitled should be fixed, without prejudice to future amendments;whereas,inordertomaintainproductionasfaraspossibleinthesameproduction sector, a right of priority should be established betweenproducers for the purchase of quotas offered under the buy-backscheme;
Whereas, for the purposes of sound management, transparency and
verification,producerswhoarenotmembersofaproducergroupmustdeliveralltobaccoofagivengroupofvarietiesfromthesameharvesttoasingleprocessor,paymentstoproducergroupsandpaymentofthepurchasepricetoproducersbyfirstprocessorsmustbemadesolelybybank or postal transfer to a single account linked to payment of theindividual producers, and the production quota allocated to eachproducer 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 toproducergroupsandthatmaximumpercentageshouldbemaintainedinorder to ensure that producer groups correctly carry out the tasksentrusted to them, particularly the measures to improve respect for theenvironment;
Whereas, pursuant to Article 17(1) of Regulation (EEC) No 2075/92,
Member States must decide on the measures needed to ensure compli-ance with the Community provisions on raw tobacco; whereas,however, the control measures must satisfy certain requirements toensure that their application is broadly uniform in all Member States,based on the integrated administration and control system provided forinCouncilRegulation(EEC)No3508/92of27November1992estab-lishing an integrated administration and control system for certainCommunity 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 integratedadministration and control system for certain Community aidschemes(
3), as last amended by Regulation (EC) No 1078/98(4);
WhereasinseveralMemberStateschecksarecarriedoutattheplaceto
which tobacco is delivered rather than that where it is processed;whereas such checks are considered to be inadequate; whereas theplacestowhichtobaccomustbedeliveredandthecheckstobecarriedout should be specified;
Whereas compliance with the provisions on Community aid must be
effectivelymonitored;whereas,inthisconnection,detailedcriteriaandtechnicalrulesshouldbelaiddownforcarryingoutadministrativeandon-the-spot checks; whereas, in the light of the experience gained incarrying out on-the-spot checks, the minimum inspection rates shouldbe determined using risk analysis and the factors to be taken intoconsideration should be specified;
Whereas,inaccordancewithpoints(a)and(c)ofArticle5ofRegula-
tion (EEC) No 2075/92, the grant of the premium is subject to thecondition that the leaf tobacco comes from a specified production areaand is delivered on the basis of a cultivation contract; whereas theseconditionsmaybeeasilycircumventedifthereisnochecktoverifythatthe area declared on the contract has actually been cultivated with thevariety indicated; whereas a minimum number of checks by theMember States on cultivated areas and the consequences when irregu-larities are discovered both need to be established; whereas, while
(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.
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complying with the principle of proportionality, those consequencesmust be sufficiently dissuasive to prevent false declarations;
Whereas,withaviewtothepreventionoffraud,theleaftobaccomust
beplacedundersupervisionthemomenttheproducerdeliversittothefirst-processing undertaking; whereas the tobacco must remain undersupervision until processing and market preparation have taken place;whereas it is also necessary to check any leaf tobacco imported fromthirdcountriesthatundergoesfirstprocessingandmarketpreparationinan 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 deter-
mined; whereas such consequences must be sufficiently deterrent toprevent any illegal use of Community aid, while complying with theprinciple of proportionality;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
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 processingundertaking 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 yearwhich may not be renewed during the three-year quota allocationperiod,
— ‘permanent transfer'means the transfer of the quantities entered on
production quota statements for a period of more than one yearduring the three-year quota allocation period,
— ‘first purchaser' means the undertaking responsible for first
processing that first signs the cultivation contract,
— ‘batch'meanspartorallofthetobaccoofwhichadeliveryhasbeen
made by a producer, divided to form one or more distinct parts byqualitygrade,whetherinfacthandedoverseparatelyornot,havinga well-defined weight and moisture content and numbered to iden-tify 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 hasbeen taken over by the first processor, that this quantity has beendeliveredunderthequotastatementsallocatedtotheproducersandthat the operations have been carried out in accordance with therules.
TITLE II
Producer groups
CHAPTER I
Recognition
Article 2
1. Member States shall recognise producer groups on application
from them.
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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
productionoftheproducermemberstomeettherequirementsofthemarket;
(c) they shall adopt, and shall ensure that their members apply,
common rules for the production and the placing of their productsonthemarket,inparticularasregardsproductqualityandtheuseofcultivation 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 thearticles 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) theymusthavequotastatementsrelatingtoaquantityexpressedin
tonnesequaltoorgreaterthanthepercentagespecifiedinAnnexIoftheguaranteethresholdfortheMemberStateinwhichthegroupis established.
MemberStatesmayfixahigherpercentageandlaydownminimum
conditions regarding the number of producers;
(f) their articles of association shall contain provisions to ensure that
themembersofthegroupwhowishtowithdrawfrommembershipmay do so:
— after they have been members of the group for a minimum of
one year following its recognition,
and
— onconditionthattheynotifythegroupinwritingby31October
at the latest of their withdrawal with effect from the followingharvest. These provisions shall apply without prejudice tonationallawsorregulationsdesignedtoprotectthegrouporitscreditors,inspecifiedcases,againstanyfinancialconsequenceswhich might result from the withdrawal of a member or toprecludewithdrawalofamemberinthecourseofthefinancialyear;
(g) boththeforminwhichtheyaresetupandtheentirerangeoftheir
activities shall preclude any discrimination which runs counter tothe operation of the common market and the attainment of thegeneral objectives of the Treaty and, in particular, any discrim-ination connected with the nationality or place of establishment:
— of producers or groups liable to become members of groups,
or
— of their economic partners;
(h) they shall have legal personality or sufficient legal capacity to
exercise rights and be subject to obligations in accordance withnational law;
(i) theyshallkeepaccountsenablingthecompetentauthoritytomakea
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 inArticle 38 of the Treaty;
(k) theirarticlesofassociationshallinadditionmakeitcompulsoryfor
theirmemberstocomplywiththeconditionslaiddowninsubpara-graphs (c) and (d) at the latest from the date:
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— on which recognition takes effect
or
— onwhichtheybecomemembersifthisislaterthanthedateof
recognition.
2. Marketingthroughthegroupwithinthemeaningofparagraph1(d)
shall cover at least the following operations:
— the conclusion by the group in its own name and on its behalf of
cultivationcontractsforthewholeoftheproductionofthemembersof the group,
— the supply of the whole of the production of the members of the
group, prepared in accordance with common standards for deliveryto 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 applicationon condition that the requirements of Article 3 are met.
3. The Member State shall determine the date on which recognition
takeseffect.Thismaynotprecedethedateonwhichthegroupactuallybegins to operate.
Article 5
1. Each producer group shall update the information relevant to
recognitionannuallybefore15NovemberandshallnotifytheMemberState 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 followingyear’s harvest.
3. Producergroupswhichnolongermeettheconditionsforrecogni-
tion on 15 November may, before the final date for the conclusion ofcultivationcontractsreferredtoinArticle10(1),applyforrecognitioninaccordance with Article 4 in order to continue to be recognised inrespect 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) ifthespecificaidisusedforpurposesotherthanthoselaiddownin
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
fromthedateonwhichtheconditionsforrecognitionarenolongermet,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. Theinterest rate to be applied shall be that in force for analogous recoveryoperations under national law.
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3. Incaseswhererecognitionhasbeenwithdrawnbecauseofserious
infringements, the aid to be recovered shall be increased by 30%.
Insuchcases,andincaseswhereArticle51hasbeenapplied,recogni-
tion 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 signcultivation contracts.
2. The Member State concerned shall decide on the application for
approval, in accordance with Article 6(2) of Regulation (EEC) No2075/92 and other conditions which it has itself laid down, within 60daysofthedateofsubmissionoftheapplicationandshallfixthedatefrom which approval takes effect if the application is accepted.Approvalofafirstprocessormaynotpredatethedateofsubmissionofthe application.
3. Approval of a first processor shall be withdrawn by the Member
Statewitheffectfromthefollowingharvestfromthedateonwhichoneor more of the terms of approval are no longer met, or in the caseprovided for in Article 53.
TITLE IV
Premium scheme
CHAPTER I
Production areas
Article 8
For each group of varieties, the production areas referred to in Article
5(a)ofRegulation(EEC)No2075/92shallbeaslaiddowninAnnexIIhereto.
MemberStatesmayspecifymorerestrictedproductionareas,especially
in the interests of quality. Restricted production areas may not exceedthe 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)No2075/92shallbeconcludedbetweenafirstprocessor,ontheone hand, and a producer group or individual producer who does notbelong to a group, on the other.
2. Cultivation contracts shall be concluded by group of varieties.
Theyshallcommitthefirstprocessortotakingdeliveryofthequantityofleaftobaccoprovidedforinthecontractandtheindividualproducerwho is not a member of a group or the producer group to deliver thatquantitytothefirstprocessor,totheextentthattheiractualproductionso allows.
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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) thegroupofvarietiesoftobaccocoveredbythecontractand,where
appropriate, the variety of tobacco;
(d) the maximum quantity to be delivered;
(e) the exact location where the tobacco is produced (the production
areaasreferredtoinArticle1,province,municipality,identificationof the parcel under the integrated control system referred to inArticle 43);
(f) theareaoftheparcelconcerned,excludingserviceroadsandenclo-
sures;
(g) the purchase price according to quality grade, excluding the
premium, any service charges and taxes;
(h) theminimumqualityrequirementsagreedperqualitygrade,witha
minimum of three grades, and an undertaking by the grower todeliver to the processor raw tobacco meeting at least these qualityrequirements;
(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) aclauseprovidingforcontractstobeauctionediftheMemberState
concerned decides to apply Article 12.
IftheMemberStatehasdecidedtopaypremiumstoproducersthrough
thefirstprocessorsinaccordancewiththesecondindentofArticle6(4)of Regulation (EEC) No2075/92, the cultivation contract must alsoincludeanundertakingbytheprocessortopaytheproducer,inadditionto the price, an amount equal to the premium for the quantity coveredby the contract and actually delivered.
4. Contracts shall be valid for one harvest only.5. Under Article 10(2) of Regulation (EEC) No2075/92, the parties
to a cultivation contract may, by means of a written amendment,increase the quantities initially specified in the contract, where thefollowing conditions are met:
(a) theamendmentspecifiestheproducer’ssurplusproductionforeach
groupofvarietiesattheplacesandfromtheharvestcoveredbythecontract, up to a maximum of 10% of the quota allocated to theproducer for that harvest;
(b) the amendment is submitted for registration to the competent
authority not later than the tenth day following the date laid downin Article 16(1) of this Regulation.
Theamendmentreferredtointhefirstsubparagraphshallberegistered
by the competent authority once it has been verified that the producerdid 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
concludedmustbesubmittedforregistrationtothecompetentbodynolater 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 forinparagraph2isexceededbyamaximumof15days,thepremiumtobe 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 aMember State other than that in which the tobacco was grown, the
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competent body of the Member State in which processing is to take
place shall immediately send a copy of the registered contract to thecompetent body of the producer Member State.
Ifthatbodydoesnotitselfcarryoutchecksonthepremiumsystem,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
producergroup,itshallbeaccompaniedbyalistcontainingthenamesof the producers concerned, their respective areas in accordance withArticle 9(3)(e) and (f) and details of their quotas.
Article 12
1. TheMemberStatesshalldecide,before31Januaryoftheyearof
harvest,whethertoapplyacultivationcontractauctionschemecoveringall such contracts signed in their territory.
2. Theauctionschemeforcultivationcontractsshallrequireaclause
to be included in contracts as referred to in Article 9(1) under whichproducers may replace the first purchaser with another first processornotlaterthan20daysbeforethedateonwhichdeliveryofthetobaccocommences.
Such replacement may occur where a first processor that has declared
itselfabletofullytakeoveracontractmakesoneormoreformaloffers.Thenewprices,excludingthepremium,anyservicechargesandtaxes,must be at least 10% higher than the prices indicated in the contract.
3. Producers who have received formal offers shall inform the first
purchaserbyregisteredletterofthenewprices,excludingthepremium,any service charges and taxes.
4. First purchasers shall not be replaced in the contract where they
informtheproducerwithinsevendaysofreceivingtheregisteredletterreferred to in paragraph 3 that they accept the new prices arising fromtheauctionprocedure.Firstbuyerswhodonotacceptthenewpricesorwhofailtorespondwithinthetimelimitlaiddownshallbereplacedinthecontractbythefirstprocessorthatformallyofferedthehighestpriceto the producer.
5. ProducersshallinformthefirstpurchaserandtheMemberStateof
thisreplacementbeforethedateonwhichdeliveryofthetobaccoistocommencebysendingthelatteranupdatedcopyoftheoriginalcontractcountersigned by the parties concerned.
6. Where tobacco produced in a Member State is processed in
another Member State, the cultivation contract auction scheme shallapplyonthebasisoftheprovisionsadoptedbytheproducer’sMemberState.
CHAPTER III
Minimum quality requirements
Article 13
Tobacco delivered to processors must be of sound, fair and merchant-
ablequalityandfreefromanyofthecharacteristicsgiveninAnnexIII.The contracting parties may agree on stricter quality requirements.
Article 14
TheMemberStatesmayprovidethatdisputesconcerningthequalityof
tobaccodeliveredtothefirstprocessorshallbesubmittedtoanarbitra-tion body. The Member States shall lay down the rules governing themembership and the decision-making procedures of such bodies; thelattermustincludeoneormorerepresentativesofproducersandproces-sors, in equal numbers.
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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) No2075/92, the minimum relationbetween the variable part and the premium and the method for calcu-latingthevariablepartofthepremiumshallbeaslaiddowninAnnexV to this Regulation. The Member States may increase the relationbetweenthevariablepartandthepremiumuptoamaximumof45%.
2. Thefixedpartofthepremiumtobepaideithertoproducergroups
for distribution in full to each member of the group or to individualproducerswhoarenotmembersofagroupandthequantitytobesetoffagainst the production quota statement of the party concerned shall becalculated on the basis of the weight of leaf tobacco of the group ofvarietiesconcernedcorrespondingtotheminimumqualityrequiredandtaken 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 eachpercentage point of difference, up to a maximum of 4% moisture.
3. The methods for determining moisture content, sampling levels
andfrequencyandthemethodforcalculatingtheadjustedweightshallbe as set out in Annex VI.
4. Thevariablepartofthepremiumtobepaidtoproducergroupsfor
redistributioninfulltoeachmembershallbecalculatedforeachbatchdelivered on the basis of the purchase price paid for that batch by thefirst processor.
Article 16
1. Except in cases of force majeure, producers must deliver their
entireproductiontothefirstprocessorby30ApriloftheyearfollowingtheyearofharvestforthegroupsofvarietiesVI,VIIandVIIIandby15 April of the year following the year of harvest for the other groupsof varieties, failing which they shall lose their entitlement to thepremium.
The delivery must be made either directly to the place where the
tobacco will be processed or, if the Member State so authorises, to anapprovedpurchasingcentre.Thecompetentcontrolbodyshallapprovesuch purchasing centres, which must have the appropriate facilities,weighing scales and premises.
2. Each producer shall notify the competent control body in writing
by10MayforthegroupsofvarietiesVI,VIIandVIIIandby25Aprilfor other groups of varieties of all quantities of leaf tobacco not deliv-eredtoafirstprocessorbythedatesspecifiedinparagraph1,indicatingtheplacewherethetobaccoisstored.Thecompetentbodyshalltakethenecessary steps to ensure that any tobacco not delivered to a firstprocessor by the dates specified in paragraph 1 is not then declared aspart 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 asingle 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,
— thevariablepartofthepremiumandthespecificaidtotheproducer
group,
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on the basis of a control certificate issued by the competent control
body certifying that the tobacco has been delivered and proof that thepurchase price referred to in Article 9(3)(i) has been paid.
2. Member States must pay the fixed part of the premium and the
specificaidtoproducerswithin30daysofthedateofsubmissionofthedocuments provided in paragraph 1.
The variable part of the premium must be paid to the producer group
within 30 days following the date of submission of the documentsreferred to in paragraph 1 and of a declaration issued by the groupconcernedcertifyingthatdeliveriesofeachgroupofvarietieshavebeencompleted.
3. Producer groups shall pay the fixed and variable parts of the
premiumtotheirmembersbybankorpostaltransferwithin30daysofthe date on which they receive the amount in question.
4. Payment to producer groups of the amounts referred to in para-
graphs 1 and 2, and payment of the purchase price to producers byprocessors may be made only by bank or postal transfer, to a singleaccount, which in the case of a producer group must be linked to thepayments to individual members of the group.
5. Notwithstanding paragraph 1, proof of payment of the purchase
price referred to in Article 9(3)(i) shall not be required where it isproventhatthefirstprocessorwhosignedthecontractisthesubjectofbankruptcy or similar proceedings or has been legally declared bank-rupt.
Article 19
1. MemberStatesshallapplyasystemofadvancesonpremiumsfor
producers in accordance with paragraphs 2 to 8.
2. The advance referred to in paragraph 1 shall be paid, on applica-
tion by the producer, on the basis of a statement of eligibility for theadvance, prepared by the competent control body.
3. The following documents must accompany applications for an
advancesavewhereaMemberStateprovidesotherwiseonthegroundsthat they are already in its possession:
(a) acopyofthecultivationcontractconcludedbytheproducerissued
in his name;
(b) acopyofthequotastatementissuedtotheproducerandcoveredby
the said cultivation contract;
(c) a written declaration from the producer concerned specifying the
quantitiesoftobaccoheisinapositiontodeliverduringthecurrentharvest.
4. The statement referred to in paragraph 2 shall be issued by the
controlbodyoncethedocumentsreferredtoinparagraph3areverifiedand the written declaration supplied by the producer is substantiated.
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5. Theadvance,whichmaynotexceedthefixedpartofthepremium
payable, shall be paid subject to the lodging of a security equal to theadvance plus 15%.
The advance shall be paid from 16 October of the year of harvest and
mustbepaidwithin30daysofsubmissionoftheapplicationreferredtoin paragraph 2 and of proof that the security has been lodged, exceptwheretheapplicationissubmittedbefore16September,inwhichcasethe period shall be increased to 77 days.
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6. WheretheadvanceisgrantedtoaproducergroupbuthasnotbeenpaidtothemembersentitledorreimbursedtotheMemberStatewithin30daysofreceipt,interestshallbepayableontheamountstillavailableat a rate to be determined by the Member State. The interest shall becalculated from the date the advance was received and booked to theEuropean Agricultural Guidance and Guarantee Fund (EAGGF).
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7. The advance paid shall be deducted from the amount of thepremiumpayabletotheproducerunderArticle18(1),startingfromthefirst 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 theamount equal to the premium has been paid to the producers entitledthereto. Member States shall establish any further conditions, particu-larlythetobaccodeliveryperiodsortheminimumquantitiesforwhicha control certificate may be drawn up. Once 50% of the premium duehas been paid, 50% of the security shall be released. The securitylodged shall be released when the entire advance paid has beendeducted from the premiums payable.
8. Where producers fail (except in cases of force majeure) to make
the deliveries enabling full deduction of the advance paid from thepremiumspayablewithinthetimelimitlaiddowninArticle16(1),thesecuritylodgedbythemshallbeforfeitedatarateequaltotheamountof the advance not recovered.
9. Member States shall determine any further conditions governing
the grant of advances, and in particular the final date for lodgingapplications. Producers may not lodge an application for an advanceonce 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, theMember State’s competent body shall pay to processors:
— thefixedpartofthepremiumfortheproducergroupsandindividual
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) thefixedpartofthepremiumandthespecificaid,within30daysof
thedateofsubmissionofthedocumentsprovidedforinparagraph1.
(b) the variable part of the premium, within 30 days of the date of
submissionofadeclarationissuedbytheproducergroupconcernedand the documents provided for in paragraph 1.
3. The first processor shall pay the fixed part of the premium and,
whereapplicable,thevariablepartofthepremiumandthespecificaid,to the producer concerned within 10 days of the date on which theyreceive the amounts in question.
4. Payment of the amounts referred to in paragraph 1 may be made
only by bank or postal transfer to a single account, which must, in thecase of producer groups, be linked to the payment to individualmembers of the producer group.
Article 21
1. Premiums shall be paid or advanced by the Member State in
whichthetobaccowasproduced.Theyshallbepaidtotheproducerinthe 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, aftercarrying out the necessary checks, provide the producer Member Statewith all the information needed to enable it to pay the premium orrelease the security.
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TITLE V
Production quotas
CHAPTER I
Allocation of quotas
Article 22
1. MemberStatesshallallocateproductionquotasforeachgroupof
varietiesforthreeconsecutiveharvests,withinthelimitoftheguaranteethresholdsfixedunderArticle9(2)ofRegulation(EEC)No2075/92,toindividual producers who are not members of a producer group and toproducergroups,inproportiontotheaveragequantityoftobaccodeliv-eredforprocessingbyeachindividualproduceroreachproducergroupover the three years preceding that of the most recent harvest.
2. Member States may either allocate the production quotas directly
amongindividualproducerswhoarenotmembersofaproducergroupand producer groups, or require individual producers who are notmembers of a producer group and producer groups to submit applica-tions for a production quota.
3. Member States shall issue quota statements to individual produ-
cerswhoarenotmembersofaproducergroupandtoproducergroupsnot later than 31 January of the year of harvest.
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4. Within15daysfollowingthepublicationinthe OfficialJournalof
the European Communities oftheRegulationprovidingforthetransfer
ofguaranteethresholdquantitiesfromonegroupofvarietiestoanotherin accordance with Article 9(4) of Regulation (EEC) No 2075/92, thequantities entered in production quota statements following such trans-fers shall be allocated fairly among the individual producers who arenot members of producer groups and the producer groups issuedproduction quota statements by the competent bodies of the MemberStates. The quantities shall be allocated on the basis of objectivepublished criteria, to be laid down by the Member States after takingaccount of the opinions of the inter-branch organisations recognised inaccordance with Regulation (EEC) No 2077/92. The competent bodiesof the Member States shall correct the quantities entered in productionquota statements where the individual producers who are not membersof producer groups and the producer groups concerned are issuedproduction quota statements within the time limit laid down in para-graph 3.
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Article 23
Allocation of a production quota shall not prejudice the allocation of
quotas for subsequent years.
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 averagequantities calculated in accordance with Article 9 of Regulation (EEC)No2075/92andArticles22and25ofthisRegulation,suchpercentagebeing applied to the specific guarantee threshold of the Member Statefor the group of varieties in question.
2. Inthecaseofproducergroups,anymembersleavingagroupshall
maintainentitlementtotheirownquotaascalculatedunderparagraph1.
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, theamended quotas shall remain unchanged,
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— whenquotasareallocated,producersshallobtainaproductionquota
in line with paragraph 1.
4. Producerswhohaveincreasedtheirquotaastheresultofatempo-
rarytransfershall,whenquotasareallocated,obtainaproductionquotainproportiontotheaveragequantityoftobaccodelivered,excludingtheproduction quotas affected by the transfer.
5. Producerswhohaveincreasedtheirquotaastheresultofaperma-
nent transfer shall, when quotas are distributed, obtain a productionquota in proportion to the average quantity of tobacco delivered,including the production quotas affected by the transfer.
6. Producers’percentagesshallbeexpressedtoatleastfourdecimal
places. Quotas shall be fixed in kilograms.
Article 25
1. Forthepurposesofcalculatingtheaveragequantitiesdeliveredfor
processing, all the tobacco from a harvest shall be deemed to bedeliveredduringthecalendaryearoftheharvestinquestion.However,thequantitiesoftobaccodeliveredforprocessingonthebasisofArticle9(5) shall be deemed to be delivered during the year of the harvest inwhich they were entitled to the premium. Only tobacco actually deliv-ered and giving rise to entitlement to the premium shall be taken intoaccount.
2. Quantities of tobacco delivered by producers located outside the
productionareasrecognisedinaccordancewithArticle5(a)ofRegula-tion(EEC)No2075/92shallnotbetakenintoaccountinthecalculationreferred to in paragraph 1.
Article 26
1. Where tobacco produced in one Member State is processed in
another,thequotasshallbeallocatedinaccordancewithparagraphs2,3and 4.
2. The processing Member State shall notify the producer Member
State,foreachproducerandgroupofvarieties,ofthequantitiesofrawtobacco from the producer Member State delivered for processingduring the reference years to be used for calculating the productionquotas under Article 9(3) of Regulation (EEC) No2075/92.
3. Thisinformationshallbeforwardednotlaterthan15Novemberof
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 whodeliveredtobaccotoprocessorslocatedinanotherMemberStateduringthe reference years referred to in paragraph 2.
When the production quotas are allocated, producers who delivered
tobacco to processors located in another Member State during thereference years shall be treated in the same way as producers whodeliveredtheirproductiontoaprocessorlocatedintheirMemberState.
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, toproducers located in a production area recognised in accordance withArticle 5(a) of Regulation (EEC) No2075/92.
The production quota statements shall indicate in particular the holder
ofthecertificate,thegroupofvarietiesandthequantityoftobaccoforwhich they are valid.
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2. The Member States shall lay down the procedure for issuing
production quota statements and shall adopt measures to prevent fraudin accordance with Article 17 of Regulation (EEC) No2075/92.
3. MemberStatesmaylaydownminimumquantitiesfortheissueof
production quota statements. Those quantities may not exceed 500kilograms.
4. Whereproducerscanprovethat,asaresultofexceptionalcircum-
stances, one of their harvests in the reference period was abnormallylow, the Member State shall, at the request of the party concerned,determine the quantity to be taken into account for that harvest whenmaking out the quota statement; the quantity thus determined may notexceed the quantities entered in the quota statements allocated to theproducer for the harvest in question.
CHAPTER III
Amendment of the guarantee threshold
Article 28
1. Wheretheguaranteethresholdfixedforagroupofvarietiesfora
particular harvest and a particular Member State is higher than theguaranteethresholdforthepreviousharvest,thequantityexceedingthatguaranteethresholdshallbedistributedfollowingobjectiveandconsis-tent criteria to be adopted and published by the Member State.
MemberStatesmay,inparticular,stipulatethattheadditionalquantities
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 ofvarieties;
(b) whocansignificantlyrationalisetheirproductionoftobaccoofthe
groupofvarietiesinquestioniftheyreceivetheadditionalquantity.
2. Wheretheguaranteethresholdfixedforagroupofvarietiesfora
harvest and a Member State is lower than the guarantee thresholdapplicabletothepreviousharvest,thatreductionshallbesharedamongproducersinproportiontotheaveragequantityoftobaccodeliveredforprocessing by each individual producer over the three years precedingthatofthemostrecentharvest,withoutprejudicetotheintroductionofa quota buy-back programme as provided for in Article 14 of Regula-tion (EEC) No2075/92.
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 nationalquota 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 andproducer groups to be set by the Member States at between 0,5% and2% of the guarantee threshold fixed each year for the same group ofvarieties.
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 thathave 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 accord-ancewithArticle5(a)ofRegulation(EEC)No2075/92,amongprodu-
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cers,orthosewhowishtobecomeproducers,onthebasisofobjective
criteria determined by each Member State.
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 theproduction quota statement from the date of transfer for the entirereference period, unless a valid contract stipulates otherwise.
2. Wherepartonlyofatobacco-producingholdingistransferredtoa
thirdparty,thenewincumbentshallbeentitledtotheproductionquotastatementinproportiontotheagriculturalareatakenover.However,thepartiesconcernedmayagreethatfullentitlementshouldbeheldbytheperson formerly or newly entitled.
3. Without prejudice to paragraph l, producers who lease the areas
theyfarmshallmaintaintheirentitlementtothequotawhentheirleaseterminates.
4. Severalmembersofonefamilywhojointlyfarmorhavefarmeda
tobacco-producing holding must apply for a single production quotastatementtobeissuedonthebasisoftheaggregatequantitiestowhichthey are entitled.
Article 32
1. Subject to authorisation by the Member State concerned, produ-
cersmayexchangeamongthemselvestheirrightstoaproductionquotastatement for a group of varieties against a statement for a differentgroup of varieties.
2. Exchangeofrightstoaproductionquotastatementinaccordance
with paragraph 1 shall be considered a permanent transfer between theproducers concerned of the reference quantities on the basis of whichthe statement was established.
Article 33
1. Within a single Member State, individual producers may transfer
betweenthemselves,eithertemporarilyorpermanently,allorpartofthequantities 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) thetransferhasbeenthesubjectofawrittenagreementbetweenthe
partiesconcerned,referringtothestatementrelatingtotheproduc-tion quota, all or part of which is to be transferred;
(d) theagreementreferredtoat(c)hasbeensubmittedtothecompetent
authority for registration within 30 days of the date referred to inArticle 22(3);
(e) theoriginaloftheproductionquotastatementofwhichallorpartof
the quantities are to be transferred must be returned to thecompetent authority when the transfer agreement is submitted;
(f) if the producer transferring a quota statement is a member of a
producergroup,thetransfermustbeauthorisedbythegroupwherethetransfereeisnotamemberofthesameproducergroup.Author-isationmustbegrantedbytheproducergroupwherenomemberofthe group has expressed interest in using the quantity covered bythe transfer on the terms offered. Where the transfer takes place
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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 yearsfor the quotas involved in the transfer.
2. ThecompetentauthorityoftheMemberStateshallregisteragree-
ments as referred to in paragraph l(c) within 20 days of their submis-sion,aftercheckingthattheconditionsreferredtoinparagraph1(a),(b),(d),(e),(f)and(g)aremet.Onthesameday,thecompetentauthorityofthe Member State shall issue:
— to transferees, an additional production quota statement corre-
spondingtothequantitiesofproductionquotathathavebeentrans-ferred,
— to producers who have transferred only part of the quantities
covered by their quota statement, a replacement production quotastatementcorrespondingtothequantitieswhichhavenotbeentrans-ferred.
3. Transfers of production quotas as referred to in paragraph 1 may
not involve quantities of less than 100 kilograms.
CHAPTER VI
Buy-back of quotas
Article 34
1. Under Article 14(1) of Regulation (EEC) No2075/92 and
excludingsensitiveproductionareasand/orgroupsofhigh-qualityvari-eties as defined in paragraph 2, a quota buy-back programme withcorresponding reduction of the guarantee thresholds referred to inArticle8ofRegulation(EEC)No2075/92shallbeintroducedtofacili-tate 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,whichsensitiveproductionareasand/orgroupsofhigh-qualityvarietiesuptoamaximumof25%ofeachMemberState’sguaranteethreshold,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 thequotas involved in the buy-back programme.
Article 35
1. Producers who decide to leave the sector under Article 34 must
informthecompetentauthorityoftheMemberStateand,inthecaseofindividualproducerswhoaremembersofaproducergroup,theirgroup,in writing of their decision before 1 September of each harvest year.
2. From1Septemberto31December,theMemberStateshallmake
public the intention to sell so that other producers may buy the quotabefore it is actually bought back.
Individualproducersbelongingtothesamegroupastheproducerwho
has decided to leave the sector and the group concerned shall havepriority, in that order, over other producers if they wish to buy thequotas 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
notifiesthedecisiontoleavethesector,theguaranteethresholdforthegroup of varieties concerned shall be reduced by the quantity boughtback.
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Article 36
Producers whose quotas have been bought back for the 1999 harvest
shall be entitled, when the premiums for the 2000, 2001 and 2002harvest 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,— Group VII quotas EUR 0,79635/kg,— Group VIII quotas EUR 0,56904/kg.
CHAPTER VII
Other provisions
Article 37
The Member States may provide that disputes concerning the distribu-
tionortransferofproductionquotasshallbesubmittedtoanarbitrationbody. The Member States shall lay down the rules governing themembership and the decision-making procedures of such bodies.
Article 38
1. MemberStatesshallestablishacomputeriseddatabasewhichshall
contain, for each processor and each producer and producer group,informationidentifyingtheirestablishmentsortheirholdings,thequotasor the quantities appearing on production quota statements allocated tothemandanyotherinformationwhichmaybeusefulformonitoringthequota 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,
— measuresareappliedtosafeguardthedata,inparticularagainsttheft
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
concerningthemchanged,wherejustified,andinparticulartohavedata 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 individualproducer used for the conclusion of cultivation contracts or, whereapplicable, the quota of each producer who is a member of a producergroup, is made public in such a way as to be known to all producersconcernedinarestrictedproductionareaasdefinedinArticle9ofthisRegulation.
Article 39
Where a production quota covers a producer group which is itself a
producer,theMemberStateshallensurethatthequantityinquestionisdistributed fairly between all members of the group. Member Statesmustalsohaveattheirdisposalexactdataontheproductionofallthe
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individual producers so that the production quotas may be allocated tothem if necessary.
In that case, Chapter I shall apply mutatis mutandis to distribution
among the members of the group; however, with the agreement of allthe members, the group may undertake a different distribution with aview to improved organisation of production.
TITLE VI
Specific aid
Article 40
1. The specific aid referred to in Article 4a(5) of Regulation (EC)
No2075/92 shall be 2% of the premium.
2. Thespecificaidmaybeusedbyproducergroupsupto30Juneof
theyearfollowingthatofharvestinthecaseofgroupsofvarietiesVI,VIIandVIIIandupto15Juneoftheyearfollowingthatofharvestinthecaseoftheothergroupsofvarietiesandforthefollowingpurposesonly:
— the employment of technical staff to assist members in improving
the quality of their production and respect for the environment,
— thesupplytomembersofcertifiedseedsandseedlingsandofother
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.
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3. Theexpenditurereferredtointhefirst,secondandthirdindentsof
paragraph2mustbeatleast30%ofthetotalspecificaidforthe1999harvest, 40% for the 2000 harvest and 50% for subsequent harvests.
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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 Stateresponsible for the payment of the aid, at its request, the proofs andsupporting documents referred to Article 18(1).
Article 42
1. Onapplication,theMemberStateshallpaytheproducergroupan
advanceonthespecificaid.Thesizeoftheadvanceshallbeestablishedonthebasisofthequantityoftobaccowhichthegrouphasdeliveredtotheprocessoratthetimetheapplicationissubmitted.TheMemberStateshall lay down the additional conditions for payment of the advance.
2. Paymentoftheadvanceonthespecificaidshallbesubjecttothe
lodgingofasecuritywhichshallbeatleastequaltotheadvance,plus15%.
3. The security shall be released upon presentation of the proof
relating to the specific aid, as referred to in Article 18(1) of thisRegulation.
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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) No3887/92 shallapply:
— Article6(1)foreffectiveverificationofcompliancewiththecondi-
tions 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. TheMemberStatesshallsetupinspectionarrangementstoensure
effective verification of compliance with this Regulation and withRegulation (EEC) No2075/92 and shall adopt all the additional meas-ures 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
forthepurposesofthechecksprovidedforinthisRegulationandwheretrade 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) No3508/92 to prevent aid beingwrongly paid twice for the same harvest. All declared tobaccoparcels 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 toverify:
(a) the information given in the cultivation contracts and in particular
the area, the group of varieties cultivated and the quantities oftobacco in store referred to in Article 16(2).
The area shall be determined by any appropriate means prescribed
by the competent authority and ensuring accuracy of measurementequivalent at least to that required for official measurements undernational rules. The competent authority shall determine a level oftolerance, in the light in particular of the measurement methodapplied, the precision of the official documents available and thelocal situation (for example, the slope or shape of plots).
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Foreachprocessingundertaking,thechecksshallcoveratleast5%
of the individual producers covered by the contracts registered foreachgroupofvarieties;thesampletobeinspectedmustbeselectedby the competent authority on the basis, in particular, of a riskanalysisandensurerepresentativecoverageofthedifferentvolumescoveredbycontracts.MemberStatesmaydecidethatallorpartofthe sample shall be checked by remote sensing;
(b) compliance with Articles 40(2) and (3) and 18(3) and (4) of this
Regulation.
Suchchecksshalleachyearcoveratleast30%ofproducergroups
in each Member State. In selecting the sample to be inspected, thecompetent authority must ensure, in particular, representativecoverage of the different sizes of producer group.
2. The risk analysis shall take account of:
— thequantitiesofrawtobaccocoveredbycontractsinrelationtothe
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
productionzoneorpartofaproductionzone,thecompetentauthoritiesshall carry out additional checks in the current year and increase thepercentageofchecksthefollowingyearinthatproductionzoneorpartof a production zone.
Article 47
1. The competent control body must check all deliveries. Each
deliverymustbeauthorisedbythecompetentcontrolbody,whichmustbe informed in advance so that it can determine the date of delivery.During a check, the competent control body must verify that it hasauthorised 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), unprocessedtobacco, once checked, may leave the purchasing centre solely for thepurpose of being transferred to the processing plant. After the checkshave been made, the tobacco must be assembled in distinct quantities.Thetransferofthesequantitiestotheprocessingplantmustbeauthor-isedinwritingbythecompetentcontrolbody,whichmustbeinformedinadvancesothatitcanaccuratelyidentifythemeansoftransportused,theroute,thetimeofdepartureandarrivalandthequantitiesoftobaccotransported in each separate instance.
3. When the tobacco reaches the processing plant, the competent
control body shall verify that the separate quantities checked in thepurchasing centres are those actually delivered, in particular byweighing them.
The competent control body shall lay down any special conditions it
deems necessary for checking the operations.
Article 48
1. Checks during first processing and market preparation of the
tobaccoshallbecarriedoutafterriskanalysis.TheMemberStatesshallcarryoutunannouncedcheckstoverifycompliancewithArticle7,withthetimelimitforpaymentofthepurchasepriceprovidedforinArticle9(3)(j)andwiththetimelimitforpaymentoftheamountprovidedforin Article 20(3).
2. Thecheckscarriedoutduringfirstprocessingandmarketprepara-
tion must enable verification of the quantities of leaf tobacco in eachundertaking being checked, either produced in the Community ororiginatinginorcomingfromthirdcountries,placedundersupervisionandensurethatthetobaccosubjectedtothissupervisionisnotreleasedtherefrombeforethefirstprocessingandmarketpreparationoperationsare completed and that no tobacco is submitted more than once forchecking. The checks shall include:
1998R2848 — EN — 01.01.1999 — 000.001 — 24
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(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,havingundergonefirstprocessingandmarketprepara-tion;
(c) alladditionalcontrolmeasuresthatMemberStatesdeemnecessary,
in particular to ensure that no premium is paid for raw tobaccooriginating in or coming from third countries.
3. Checksduringfirstprocessingandmarketpreparationshallcover
at least 5% of first processors; the sample to be inspected must beselectedbythecompetentauthorityonthebasis,inparticular,ofariskanalysis and ensure representative coverage of the different sizes ofundertaking.
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 deter-minedbytheMemberState,theundertakingsinvolvedshallnotifytheircompetent bodies, in writing, of the places where processing will takeplace. Member States may stipulate, to that end, the information to beprovided by the first-processing undertakings to the competent bodies.
CHAPTER II
Penalties
Article 49
Theprovisionsofthischaptershallnotapplyincasesofforcemajeure.
Article 50
1. Where individual producers do not grow tobacco, they shall lose
all entitlement to the premium for the current harvest and to a produc-tion quota for the following harvest.
2. If the area actually cultivated falls short of the area declared by
morethan10%,thepremiumtobepaidtotheproducerinquestionforthecurrentharvestandanyquotatobeallocatedtothatsameproducerfor the subsequent harvest shall be reduced by double the discrepancyfound.
3. Where the penalties referred to in paragraphs l and 2 are applied
and the individual producer is a member of a producer group, theproduction quotas entered on the quota statement shall be reduced bythe exact quantities covered by the penalty relating to the productionquota of the producer to be penalised for the harvest in question, withno possibility of a different allocation between the members of theproducer 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 ofthese discrepancies before the checks are undertaken or if farmers canshow that their determination of the area of the parcel concerned,excluding service roads and enclosures, was accurately based on infor-mation recognised by the competent authority.
5. Ifthecompetentcontrolbodyestablishesthepresenceoftobacco
notnotifiedinaccordancewithArticle16(2),thequantitytobecoveredby the quota statement to which the producer is entitled for thefollowing harvest shall be reduced by twice the quantity not declared.
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Article 51
1. Iftheproducergrouphasnotcompliedwiththerulesforgranting
premiums as provided for in Annex V, it shall lose its entitlement toreceive any specific aid for the current harvest. Producer groups foundto be in breach again after a second check shall have their recognitionwithdrawn.
Whereclericalerrorsarefound,thespecificaidforthecurrentharvest
shallbereduced.MemberStatesshallfixthisreductionatbetween1%and20%accordingtotheseriousnessoftheerror.Theproducergroupmust rectify the consequences of any errors found.
2. Iftheproducergroupdoesnotcomplywiththerulesreferredtoin
Article40(2)and(3),thespecificaidshallbereducedby20%to50%,accordingtotheseriousnessoftheinfringement.Producergroupsfoundto be committing a further infringement shall have their recognitionwithdrawn.
If producer members of a producer group are not paid the full amount
ofthefixedpartandthevariablepartofthepremiumwithin30daysofthe deadline referred to in Article 18(3), the specific aid shall bereduced by 20%. The specific aid shall be reduced by an additional20% for each additional period of 30 days, up to a maximum of 150days.
3. Producer group administrators responsible deliberately or by
seriousnegligenceforthewithdrawalofrecognitioninaccordancewithparagraphs 1 and 2 may not administer another producer group orsubmit an application for recognition during the year of application ofthe penalty.
4. Recognition shall be withdrawn in accordance with Article 6.
Article 52
Iftheunprocessedtobaccohasnotbeendeliveredtotheplacesprovided
for in the second subparagraph of Article 16(1) or the transporterconveying distinct quantities of tobacco as referred to in Article 47(2)fromthepurchasingcentretotheprocessingplantdoesnothaveauthor-isation to effect transport, the processing undertaking which receivedthe tobacco concerned must pay the Member State a sum of moneyequal to the premiums for the quantity of tobacco in question. Thisamount shall be booked to the European Agricultural Guidance andGuarantee Fund (EAGGF).
Article 53
1. Ifthetimelimitforpaymentofthepurchasepriceprovidedforin
Article 9(3)(j) and the time limit for payment of the amount providedfor in Article 20(3) are exceeded by 30 days, the first processor’sapprovalshallbewithdrawnforoneyear.Approvalshallbewithdrawnforafurtheryearuptoamaximumofthreeyearsforeveryadditionalperiod 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 administeranother approved first processor or submit an application for approvalduring the first year in which the penalty is applied.
TITLE VIII
Notifications to the Commission
Article 54
EachMemberStateconcernedshallimmediatelynotifytheCommission
of:
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(a) application of the second subparagraph of Article 3(1)(f);
(b) refusalorwithdrawalofrecognitionofaproducergroup,givingits
reasons for refusing or withdrawing recognition;
(c) the names and addresses of the bodies responsible for the registra-
tionofcultivationcontractsandofthefirst-processingundertakingsapproved by each Member State. The Commission shall publish alist of those bodies and approved first-processing undertakings inthe‘C'seriesoftheOfficialJournaloftheEuropeanCommunities;
(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 Article29(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 varietiesunder Article 35;
(k) the national measures taken to apply this Regulation;
(l) otherinformationneededbytheCommissionforproperadministra-
tion of the arrangements; ▼
M1
m) the objective criteria laid down by the Member State for the
purpose of allocating guarantee threshold quantities transferred toanother group of varieties in accordance with Article 22(4).
▼
B
The computer database established under the integrated administration
andcontrolsystemshallbeusedfornotifyingtheinformationspecifiedin this Article.
TITLE IX
Transitional and final provisions
Article 55
For the 1999 harvest, by derogation from the second indent of Article
3(1)(f), producers who are members of more than one producer groupmaynotifyagroupinwritingoftheirwithdrawalfrommembershipupto 31 January 1999.
Article 56
Regulations (EEC) No3478/92, (EEC) No84/93 and (EC) No1066/95
areherebyrepealedwitheffectfromthedateofentryintoapplicationofthis 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.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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MemberStateofspecificregionofestablishmentoftheproducergroup PercentageANNEXI
PERCENTAGES OF THE GUARANTEE THRESHOLD PER MEMBER
STATE OR SPECIFIC REGIONS FOR THE RECOGNITION OF
PRODUCER GROUPS
Germany, Spain (except Castile-Leon, Navarre and the Campezo
zone in the Basque Country), France (except Nord-Pas-de-Calaisand Picardy), Italy, Portugal (except the Autonomous Region ofthe 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 theBasque Country (Spain), Epirus (Greece) 0,4%
1998R2848 — EN — 01.01.1999 — 000.001 — 28
▼B
Groupofvarietiesin
accordancewiththe
AnnextoRegulation
(EEC)No2075/92MemberState ProductionareasANNEXII
RECOGNISED PRODUCTION AREAS
I.Flue-cured Germany Schleswig-Holstein, Lower Saxony,
Bavaria, Rheinland-Pfalz, Baden-Würt-temberg, Hessen, Saarland, Brandenburg,Mecklenburg-Western Pomerania,Saxony, Saxony-Anhalt, Thuringia
Greece Thrace, Eastern Macedonia, Central
Macedonia, Western Macedonia,Thessaly, Epirus, Eastern Sterea Hellas,Western Sterea Hellas, Peloponnese
France Aquitaine, Midi-Pyrénées, Auvergne-
Limousin, Champagne-Ardennes, Alsace-Lorraine, Rhône-Alpes, Franche-Comté,Provence-Alpes-Côte d’Azur, LoireRegion,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 Mancha
Portugal Beira Interior, Ribatejo Oeste, Alentejo,
Autonomous Region of the Azores
Austria Burgenland, Lower Austria, UpperAustria, Styria
II.Light air-cured Belgium Flanders, Hainaut, Namur, Luxembourg
Germany Bavaria, Rheinland-Pfalz, Baden-Würt-
temberg, Hessen, Saarland, Brandenburg,Mecklenburg-Western Pomerania,Saxony, Saxony-Anhalt, Thuringia
Greece Eastern Macedonia, Central Macedonia,
Western Macedonia, Thessaly
France Aquitaine, Midi-Pyrénées, Auvergne-
Limousin, Alsace-Lorraine, Rhône-Alpes,Franche-Comté, Loire Region, Centre,Poitou-Charente, Brittany, Burgundy,Languedoc-Roussillon, Champagne-Ardenne, 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 Mancha
Portugal Beiras, Ribatejo Oeste, Entre Douro e
Minho, Trás-os-Montes, AutonomousRegion of the Azores
Austria Burgenland, Lower Austria, UpperAustria, Styria
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▼B
Groupofvarietiesin
accordancewiththe
AnnextoRegulation
(EEC)No2075/92MemberState Productionareas
III.Dark air-cured Belgium Flanders, Hainaut, Namur, Luxembourg
Germany Rheinland-Pfalz, Baden-Württemberg,
Hessen, Saarland, Bavaria, Brandenburg,Mecklenburg-Western Pomerania,Saxony, Saxony-Anhalt, Thuringia
France Aquitaine, Midi-Pyrénées, Languedoc-
Roussillon, Auvergne-Limousin, Poitou-Charente, Brittany, Loire Region, Centre,Rhône-Alpes, Provence-Alpes-Côted’Azur, Franche-Comté, Alsace-Lorraine,Champagne-Ardenne, Picardy, Nord-Pas-de-Calais,Normandy,Burgundy,Réunion
Italy Friuli, Trentino, Veneto, Tuscany, Lazio,
Molise, Campania, Apulia, Sicily
Spain Extremadura, Andalusia, Castile-Leon,
Castile-La Mancha, Valencia (Auto-nomous Community), Navarre, Rioja,Catalonia, Madrid, Galicia, Asturias,Cantabria,areaofCompezointheBasqueCountry, La Palma (Canary Islands)
Austria Burgenland, Lower Austria, UpperAustria, Styria
IV.Fire-cured Italy Veneto, Tuscany, Umbria, Lazio,
Campania, Marche
Spain Extremadura, Andalusia
V.Sun-cured Greece Western Macedonia, Thessaly, Epirus,
Eastern Sterea Hellas, Western StereaHellas, Peloponnese, Thrace and islands
Italy Lazio,Abruzzi,Molise,Campania,Basili-cata, Apulia, Sicily
VI.Basmas Greece Thrace, Eastern Macedonia, CentralMacedonia, Western Macedonia,Thessaly, Western Sterea Hellas
▼M1
VII. Katerini andsimilar varieties Greece Eastern Macedonia, Central Macedonia,
Western Macedonia, Thessaly, Epirus,Eastern Sterea Hellas, Western StereaHellas
Italy Lazio, Abruzzi, Campania, Basilicata,Apulia
▼B
VIII.Kaba Koulakclassic, Elassona,Myrodata de Agri-nion, Zichnomyro-dataGreece Eastern Macedonia, Central Macedonia,Western Macedonia, Thessaly, Epirus,Eastern Sterea Hellas, Western StereaHellas, Peloponnese and islands, Thrace
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▼B
ANNEXIII
Minimum quality requirements
Tobacco eligible for the premium referred to in Article 3 of Regulation (EEC)
No2075/92mustbeofsoundandfairmerchantablequalityhavingregardtothetypical characteristics of the variety concerned and must not contain any of thefollowing:
(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) leafwithuncuredveins,moistorattackedbyrotorwithpulpyorprominent
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 mois-
ture content laid down in Annex IV.
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▼B
GroupofvarietiesMoisture
content(%)ANNEXIV
MOISTURE CONTENT REFERRED TO IN ARTICLE 15
I.Flue-cured 16
II.Light air-cured
Germany, France, Belgium, Austria, Portugal — Autonomous
Region of the Azores22
Other Member States and other recognised production areas in
Portugal20
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, Zichno-
myrodata16
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▼B
I
(Flue-II
(LightIII
(DarkIV
(Fire-V
(Sun-Other
cured)air-
cured)air-
cured)cured)cured)VI
BasmasVII
KateriniVIII
K.
Koulak
I
(Flue-II
(LightIII
(DarkIV
(Fire-V
(Sun-Other
cured)air-
cured)air-
cured)cured)cured)VI
BasmasVII
KateriniVIII
K.
KoulakANNEXV
A.Rules for breakdown of the premium
1. The premium comprises:
— specific aid = 2% of the premium,
— variablepartofthepremium=percentageofthepremiumadjustedby
group of varieties and Member State as shown at section B and inaccordance with Article 15(1),
— fixed part of the premium = difference between the premium after
deductionoftheamountwithheldforfinancingtheFundandthesumof 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.
▼
M2
B.Relation between the variable part and the premium
1999
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
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%
1998R2848 — EN — 01.01.1999 — 000.001 — 33
▼M2
I
(Flue-II
(LightIII
(DarkIV
(Fire-V
(Sun-Other
cured)air-
cured)air-
cured)cured)cured)VI
BasmasVII
KateriniVIII
K.
Koulak2001 and subsequent harvests
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%
▼B
C.Variable part of the premium
Thevariablepartofthepremiumisequalto:A/summaQL×PP×QL×PP.WhereAisthetotalamountofthevariablepremiumavailabletoaproducer
groupforagroupofvarieties,QListhequantitydeliveredbybatchandPPis the purchase price for each batch of the producer group member for thegroup concerned.
For each group of varieties, the producer group must divide the total avail-
ableamountofthevariablepremiumforthegroupofvarietiesconcernedbythesumofthequantitiesdeliveredbybatch,multipliedbythepurchasepriceforeachlot.Theresultofthisdivisionmustbemultipliedbytheproductofthe quantity of each batch multiplied by its purchase price. A variablepremium equal to zero should be attributed to batches sold for a pricebetweentheminimumpriceandtheminimumpriceplus40%foreachgroupof varieties grown by the producer group.
1998R2848 — EN — 01.01.1999 — 000.001 — 34
▼B
ANNEXVI
COMMUNITY METHODS FOR THE DETERMINATION OF THE
MOISTURE CONTENT OF RAW TOBACCO
I. METHODS TO BE USED
A.Beaudesson method
1. Apparatus
Beaudesson EM10 drying ovenAwarmairelectricdryerinwhichtheairispassedoverthesample
to be dried by forced convection by means of a special ventilationfan. The moisture content is determined by weighing before andafter drying, the balance being calibrated in such a way that thereadinggivenbythe10gquantityusedcorrespondsdirectlytothemoisture content value in %.
2. Procedure
A10gquantityisweightedoutinapanwithaperforatedbaseand
then put into the drying column, where it is supported by a spiralring.Theovenisturnedonforfiveminutes,duringwhichtimethewarmaircausesthesampletodryatatemperatureofabout100 °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 andits moisture content is read directly and corrected if necessary bythe addition or subtraction of 10 o f a % according to the tempera-
ture reading, using the scale provided with the apparatus.
B.Brabender method
1. Apparatus
Brabender ovenAn electric dryer consisting of a thermostated cylindrical chamber,
ventilated by forced convection, into which are simultaneouslyplaced10metalpans,eachcontaining10goftobacco.Thesepansare put onto a table, which can be rotated by means of a centralhandwheel into 10 different positions, allowing each of the pans,after drying, to be placed in a position where it can be weighedwithintheapparatus:asystemofleversallowseachofthepansinturntobeplacedonthearmofabuilt-inbalance,withouthavingtoremove the samples from the chamber. The balance has an opticalread-outscale,andgivesadirectreadingforthemoisturecontent.Asecond balance is attached to the apparatus, being used only toweigh 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
MemberStatesmayuseothermethodsofmeasurement,basedinpartic-
ularonthedeterminationoftheelectricalresistanceordielectricproper-ties of the batch concerned, on condition that the results are calibratedon the basis of an examination of a representative sample using one ofthe methods referred to in A and B.
1998R2848 — EN — 01.01.1999 — 000.001 — 35
▼B
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
Selectfromeachbaleanumberofleavesproportionaltoitsweight.The
number of leaves selected should be sufficient to be properly repres-entative of the bale as a whole.
Thesamplemustincludeequalquantitiesofleaffromtheoutsideofthe
bale,leaffromthecentreandleaffromapositionintermediatetothese.
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
— thenumberofsamplestobetakentodeterminethemoisturecontentof
therawtobaccomustbeequaltoatleastthreeperproducerperdeliveryfor 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 moisturecontentmeasured.Iftheaveragemoisturecontentislessthanonepointhigher or lower than the reference moisture content, the weight of thetobacco eligible 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 − averagemoisture content)/(100 − reference moisture content for the variety inquestion).Theaveragemoisturecontentmustbeawholenumbergivenbyroundingdownfordecimalsbetween0,01and0,49androundingupfor decimals between 0,50 and 0,99.