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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 2252/92
of 30 July 1992
layingdowndetailedrulesforapplyingthespecialschemeforraspberriesintendedforprocessing
(OJ L 219, 4.8.1992, p. 19)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 839/93 of 7 April 1993 L 88 18 8.4.1993
►M2 Commission Regulation (EEC) No 1248/93 of 24 May 1993 L 127 8 25.5.1993
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COMMISSION REGULATION (EEC) No 2252/92
of 30 July 1992
laying down detailed rules for applying the special scheme for
raspberries intended for processing
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1991/92 of 13 July
1992 establishing a special scheme for raspberries intended forprocessing (
1), and in particular Article 8 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the united of account and the conversion rates tobe applied for the purposs of the common agricultural policy (
2), as last
amended by Regulation (EEC) No 2205/90 (3), and in particular Article
5 (3) thereof,
Whereas Regulation (EEC) No 1991/92 includes specific provisions to
remedy the deficiencies in the production and marketing of raspberriesintended for processing; whereas the aid provided for is paid to specifi-cally recognized producers’ organizations which have submitted aprogramme to improve the competitiveness of the sector approved bythe competent national authority;
Whereas it should be recalled that this specific recognition is not
conditional on previous recognition pursuant to Article 13 of CouncilRegulation (EEC) No 1035/72 of 18 May 1992 on the common organ-ization of the market in fruit and vegetables (
4), as lastamended by
Regulation (EEC) No 1754/92 (5); whereas recognition is granted inde-
pendently of the latter provided that the particular conditions laid downfor granting it are observed;
Whereas the conditions for recognition must include reasonable assur-
ances that the producers’ organizations in receipt of Community aidwill, through the extent and duration of their activities and through theirmodus operandi , contribute to the desired improvement in the condi-
tions under which the products in question are produced and marketed;whereas, to ensure minimum stability in the producers’ organizations,they must of necessity include in their statutes specific clauses guaran-teeing producers control over the decisions and functioning of theorganization and clauses laying down penalties for infringing the rulesagreed;
Whereas the marketed quantities should be determined for the payment
of the flat-rate aid to recognized producers’ organizations which havepresented a programme to improve the competitiveness of the sector,approved by the competent national authority; whereas unfavourableweather conditions in the production region during the relevantmarketing year for calculating the aid may introduce very noticeabledistortions in the application of the aid scheme; whereas provisionshould be made to calculate the aid in such cases on the basis of thequantities marketed in the marketing year following the year noticeablyaffected by the aforementioned wheather conditions;
Whereas the various measures, which may include individual or joint
measures provided for under the programme to improve the comepti-tiveness of the sector producing raspberries for processing, should bedetermined; whereas, although if falls to the national authorities toapprove the programmes, collaboration and administrative cooperationwith the Commission for the purpose of guaranteeing the aims of the
(1) OJ No L 199, 18. 7. 1992, p. 1.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
(4) OJ No L 118, 20. 5. 1972, p. 1.
(5) OJ No L 180, 1. 7. 1992, p. 23.
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regulations should allow the Commission to request, where necessary,amendments to the draft programme or even reject the granting of bothnational and Community financial assistance;
Whereas specific rules should be drawn up for the approval of joint
measures in the programmes of producers’ organizations located in thesame production zone and, even more importantly, for the approval oftransnational measures;
Whereas certain general and financial provisions should be laid down
for aid financed by the European Agricultrual Guidance and GuaranteeFund, Guarantee Section, subject to the conditions laid down in Regula-tion (EEC) No 1991/92; whereas it should be recalled that Communityaid may only be paid in any event to the Member State after or at thevbery most at the same time that the national contribution is paid out,subsequent to appropriate checks;
Whereas the maximum amount of aid per hectare, fixed for measures
relating to cultural and/or varietyl improvement of production, shouldbe converted into the national currency concerned at the agriculturalconversion rate applicable on the first day of each marketing year, inaccordance with the provisions of Regulation (EEC) No 1676/85;
Whereas implementation of the various specific measures in question
involves a compelling obligation on the beneficiary producers’ organ-ization to submit full and detailed information, at determined intervals,to the authority appointed by Member State so as to allow the saidauthority to monitor the fulfilment of the committments entered into bythe producers’ organization;
Whereas the obligation on the aid beneficiary to provide information
cannot in itself guarantee that the measures are well administered;whereas it is therefore necessary to specify the documentary checksand-on-the spot inspections which the national authority must carry out,depending on the type of financial assistance provided for in the saidRegulation;
Whereas the most serious failures to comply with the obligations laid
down in Regulation (EEC) No 1991/92 or in this Regulation must beappropriately penalized;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Fruit and Veget-ables,
HAS ADOPTED THIS REGULATION:
Article 1
Producers’s organizations engaged in the production and marketing of
raspberries intended for processing
— which have received specific recognition in accordance with Title I,
— and which have submitted a programme to improve the competitive-
ness of the sector producing raspberries for processing in accord-ance with Title II which has been approved by the Member Stateconcerned,
shall qualify for the specific measures provided for in Regulation (EEC)
No 1991/92, subject to the rules laid down in this Regulation.
TITLE I
Specific recognition of producers’ organizations for raspberries
intended for processing
Article 2
Member States shall grant specific recognition under Regulation (EEC)
No 1991/92 to producers’ organizations and groups of producers (here-inafter referred to as ‘producers' organizations’) engaged in the produc-tion and marketing of raspberries intended for processing:
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— which have been set up at the instigation of the producers them-
selves with a view to achieving, in the sector producing raspberriesfor processing, the objectives referred to in Article 13 (1) (a) ofRegulation (EEC) No 1035/72,
— which require their members to meet the obligations listed in this
Article,
— which make available to their members technical facilities for pre-
sales operations, particularly the packaging and, where applicable,the storage of the products concerned,
— whose statutes:
(a) make it compulsory for producers to have all their production of
raspberries for processing sold by the producers’ organization;
(b) include provisions designed to ensure that producers have
control over the organization anf the decisions which it takes;
(c) lay down penalties for any infringement of the organization’s
rules by producers belonging thereto;
(d) make itcompulsory for producers:
— to belong to the producers’ organization for a period of at
leastt hree years,
— to give at least 12 months’ advance notice of their departure
therefrom;
(e) include provisions concerning the fees to be paid by their
members,
— which provide evidence of a sufficient level of economic activity, in
accordance with Article 2 (1) of Regulation (EEC) No 1991/92,
— which keep separate accounts for their activities relating to raspber-
ries for processing.
Article 3
1. Producers’ organizations shall submit their application for specific
recognition under Regulation (EEC) No 1991/92 to the competentauthority designated by the Member State not later than 12 months afterentry into force of the said Regulation.
2. Applications for recognition shall be accompanied by the articles
of incorporation and the particulars listed in Annex I.
3. The competent authority shall check the accuracy of the particu-
lars supplied by scrutiny of the documents and by on-the-spot inspec-tions. In doubtful cases the competent authority shall carry out anyappropriate checks to ensure compliance with the conditions set downin Article 2.’
4. Specific recognition shall be granted within three months of
lodging the application. However, if additional enquiries are necessary,the three-month time limit may be extended to six months.
5. Each year, before 1 December, producers’ organizations shall
forward to the competent authority an updated version of the particularslisted in Annex I.
Article 4
The competent authority shall make periodic checks, and at least every
three years, to ensure that the producers’ organizations recognized inaccordance with Article 3 are operating in the correct manner and thatthey are observing the conditions laid down for their recognition.
The competent authority shall withdraw specific recognition if it finds
that:
— the obligations on which recognition is conditional have not been
met,
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— the particulars referred to in Article 3 (5) have not been supplied.
Article 5
Each year, by 31 January, the Member States concerned shall forward
to the Commission:
— a list of the producers’ organizations for raspberries for processing
which have received specific recognition under Regulation (EEC)No 1991/92,
— for each producers’ organization, the form shown in Annex I, duly
completed.
Article 6
For the purposes of granting the flat-rate aid to recognized producers’
organizations as provided for in Article 2 (2) of Regulation (EEC) No1991/92, the volume of produce marketed means the quantity actuallysold for processing during the first marketing year following the date ofspecific recognition. Where poor weather conditions in the productionregion result in a reduction of more than 20 % in the harvest of theproducers’ organization, the quantity marketed shall be that actuallysold for processing during the second marketing year following the dateof specific recognition.
TITLE II
The programme to improve the competitiveness of the sector
producing raspberries for processing
Article 7
1. The measures referred to in Article 5 (1) of Regulation (EEC) No
1991/92 shall include, as appropriate, the following measures:
(a) mechanization of the harvest:
purchase and depreciation of raspberry harvesting machinery;
(b) adaptation of existing plantations with a view to cultural and/or
varietal improvement:
— the grubbing of canes, followed by the planting of new canes,
— varietal conversion, with a view to quantitative and/or qualita-
tive genetic improvement,
— the improvement of cultivation techniques regarding the
management and spacing of plantations;
(c) technical advice:
— the provision to members of technical assistance to prepare for
the mechanization of harvesting, to improve crop managementand to coordinate all measures relating to production.
2. The measures referred to in Article 5 (2) of Regulation (EEC) No
1991/92 shall include, as appropriate, the following measures:
(a) the scientific preparation and dissemination of measures to over-
come weaknesses in production structures:
— the use of new varieties with higher yields and/or of a quality
better tailoired to the requirements of users and more suited toprocessing,
— the preparation of new methods for controlling certain diseases.
These measures shall be submitted and implemented in direct
cooperation with institutes and/or bodies which are competent in thisfield;
(b) the development of new products and/or new uses for processed
products:
— marketsurveys,
— the search for new outlets,— commercial studies concerning the design of packaging and
presentation,
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— the development of new products, from conception to
marketing,
— cost-benefit analysis of new conservation techniques.
These measures shall be submitted and implemented in direct
cooperation with processors or processors’ organizations;
(c) a survey on the development potential of the market for fresh
raspberry products:
— an analysis of the market outlook for fresh produce and the
feasibility, for the production areas in view of their access to themarket, to redirect part of their production away from theprocessing industry and onto the market for fresh produce.
Article 8
1. Producers’ organizations shall submit their draft programmes for
approval by the competent authority designated by the Member State, inthe form shown in Annex II and together with all the supportingdocuments.
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Implementation of the programme must not commence until the latterhas been approved by the competent national authority. The grubbingup of plants followed by replanting may, however, commence beforeapproval is granted where authorized by the competent nationalauthority and without prejudice to the application of the other provi-sions of this Article.
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2. The competent authority shall take a decision on the draftprogramme within five months of receiving it. Requests for changes asreferred to in paragraph 3 (b) shall result in an interruption of thatperiod.
The competent authority shall:
— use all appropriate means, including on-the-spot inspections, to
check the accuracy of the information provided on the production ofraspberries for processing by the members of the producers’ organ-ization at the time when the programme is submitted,
— check that the programme takes the form shown in Annex II and
complies with the objectives of this Title,
— verify the economic consistency and technical validity of the draft
programme, the validity of the estimates and the financing plan andthe timetable for implementation.
Before the end of the third month following receipt of the draft
programmes, the competent authority shall forward to the Commissionthose which may, in its opinion, be approved under Article 6 of Regula-tion (EEC) No 1991/92, together with a general assessment of theircompliance with the criteria referred to in the third indent of the secondsubparagraph.
Within 40 days of receiving such communication, the Commission
shall, if necessary, request the competent authority to reject programmesor have them modified.
3. The competent authority shall:
(a) either approve programmes if they meet the requirements of Regu-
lation (EEC) No 1991/92 and of this Title;
(b) or request changes to drafts, either on its own initiative or at the
Commission’s request. Draft programmes may not be approveduntil they incorporate the changes requested;
(c) or reject programmes, either on its own initiative or at the Commis-
sion’s request;
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(d) at the end of a minimum period of two years from the date the
programme is approved, the measures may be revised according tothe same procedure as used for the initial approval.
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The programme may be revised only twice at the most and in anyevent with account being taken of the outcome of the checksreferred to in paragraph 5 below.
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4. (a) Approval of programmes relating also to measures to be
submitted and implemented jointly by producers’ organizationswhose members are from one or more production areas shall,where necessary, be subject to approval of the joint section inthe programmes of the other producers’ organizations concerned.
(b) A production area shall cover the entire national territory of a
Member State.
(c) In the case of transnational joint measures, the competent
authorities of the Member States concerned shall collaborateclosely when approving the plans.
5. During the implementation of each programme, the competent
authority shall make periodic checks, by means of the reports which areto be sent to it each year by the producers’ organizations concerned andby means of on-the-spot inspections, on the progress being made withthe implementation of the approved programme, on whether the workdone complies with the technical and financial requirements, and on theaccuracy of the supporting documents submitted.
At least two on-the-spot inspections shall be conducted on each
programme in the course of implementation.
Article 9
Each year, by 31 January, the competent authority shall forward to the
Commission a report on the progress made in the implementation of theapproved programmes and on the outcome of the inspections carried outand shall provide the Commission with all relevant information shouldany difficulties arise in the course of implementation which couldjeopardize fulfilment of the undertakings given by the producers’ organ-izations.
TITLE III
General and financial provisions
Article 10
1. 70 % of the provisional amount of the flat-rate aid to recognized
producers’ organizations which have submitted a programme toimprove the competitiveness of the sector producing raspberries forprocessing approved by the competent national authorities shall be paidby the national authorities to producers’ organizations not later than twomonths after the programme is approved.
2. The provisional amountshall be det ermined, where necessary, on
the basis of the quantity marketed by each producers’ organization asshown in the application for recognition.
3. The definitive amount of the aid shall be fixed and the balance of
that amount shall be paid not later than one month following thecommunication by the producers’ organization to the competentnational authority of the quantity marketed during the first marketingyear following its recognition.
Article 11
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1. To obtain Community aid for their programme to improve thecompetitiveness of the sector producing raspberries for processing, theproducers’ organizations qualifying therefor shall submit an aid applica-tion to the competent national authority at the end of each half of themarketing year.
2. Aid applications shall be submitted in accordance with Annex III
within the two months following the end of each half of the marketing
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year, and must be accompanied by the invoices and all other equivalent
documents relating to the work done.
3. Financing of expenditure incurred for measures implemented
jointly by several producers’ organizations shall be shared among thoseorganizations and be equal to the expenditure incurred during each halfyear in question.
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4. Where applications are submitted after the abovementioned timelimithas expired, aid shall be reduced by 5 %.
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Article 12
The competent authorities of the Member States, having checked the aid
applications and the documentary evidence produced in support thereof,shall pay, within the three months following the lodgment of theapplication for aid, the aid granted by the Member State and theCommunity in accordance with Article 6 (3) of Regulation (EEC) No1991/92.
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Article 13
The rate to be used each year for the conversion into national currency
of the maximum amount of aid per hectare referred to in Article 6 (3) ofRegulation (EEC) No 1991/92 shall be the agricultural conversion ratein force on the first day of the marketing year concerned.
Article 14
1. Should any aid have been paid in error, Member States shall
recover the amounts paid, plus the interest thereon from the date whenthe aid was paid until the date when it is recovered. The rate of interestto be applied shall be that in force for similar recovery operations undernational law.
Member States shall recover all aid pursuant to Regulation (EEC) No
1991/92 to producers’ organizations which cease their activities beforethe end of the third year following the date of specific recognitionreferred to in Title I of this Regulation, or from which specific recogni-tion has been withdrawn pursuant to Article 4.
2. Aid recovered shall be paid to the disbursing agency or depart-
ments and deducted by the latter from expenditure financed by theEuropean Agricultural Guidance and Guarantee Fund Guarantee Sectionin proportion to the Community financing.
3. The financial consequences arising from inability to recover sums
paid shall be borne by the Commission in proportion to the Communityfinancing.
Article 15
Member States shall take the necessary steps to penalize any serious
failure to fulfil the undertakings given or the obligations contractedunder Regulation (EEC) No 1991/92 and this Regulation.
Article 16
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX I
DATA SHEET FOR PRODUCERS’ ORGANIZATIONS

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ANNEX II
Description of the programme to improve the competitiveness of the sector
producing raspberries for processing
A. Definition of the geographical area concerned
1. Individual measures2. Jointmeasures
B. Description of the initial situation as regards:
1. Production:
— number of holdings, area farmed, yield per hectare, volume of produc-
tion harvested and importance thereof in relation to national produc-tion,
— status of plantations (age, density, size, presence of other fruit trees,
etc.),
— technical infrastructure available to the holdings.
2. Technical assistance.3. Marketing:
Brief description of existing facilities, equipment and capacity.
4. Problems preventing normal continuation of production.
C. Production potential: objectives and prospective outletsD. Objectives pursued by the programme.
1. Description of the objectives to be attained through the programme.2. Description of the objectives of each measure.2.1. Individual measures2.1.1. mechanization of the harvest2.1.2. restructuring and conversion of plantations: replanting2.1.3. technical assistance2.2. Jointmeasures2.2.1. Scientific preparation and dissemination of measuresd to overcome
weaknesses in structures
— genetic improvement
— adopotion of new varieties— acquisition of certified material— disease control— preservation of product quality after harvesting— tailoring the quality of the product of the needs of the processing
industry.
2.2.2. Development of new products and/or new outlets:
— developmentof new product s and
— improvement of how existing products are marketed.
2.2.3. Market study on the outlook for development of the market for fresh
produce.
E. Jointmeasures, informat ion on:
1. the producers’ organizations taking part in joint measures under the
programme;
2. institutes and/or bodies taking part in scientific preparation and dissemina-
tion measures;
3. processors and/or groups of processors taking part in measures to develop
new products or outlets.
F. Necessary investments:
1. Overall costof t he programme, broken down by measure;2. Provisional cost, broken down by year of implementation.
G. Foreseeable period of implementation and annual timetable, over a period not
exceeding eightyears.
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ANNEX III
AID APPLICATION PROVIDED FOR IN ARTICLE 11

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