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"B COMMISSION REGULATION (EC) No 2848/98
of 22 December 1998
laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the
premium scheme, production quotas and the specific aid to be granted to producer groups in the raw
tobacco sector
(OJ L 358, 31.12.1998, p. 17)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 731/1999 of 7 April 1999 L 93 20 8.4.1999
"M2 Commission Regulation (EC) No 2162/1999 of 12 October 1999 L 265 13 13.10.1999
"M3 Commission Regulation (EC) No 510/1999 of 8 March 1999 L 60 54 9.3.1999
"M4 Commission Regulation (EC) No 1373/1999 of 25 June 1999 L 162 47 26.6.19991998R2848 — EN — 26.06.1999 — 002.001 — 1
COMMISSION REGULATION (EC) No 2848/98
of 22 December 1998
laying down detailed rules for the application of Council Regulation
(EEC) No 2075/92 as regards the premium scheme, production quotas
and the specific aid to be granted to producer groups in the raw tobacco
sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on
the common organisation of the market in raw tobacco (1), as last amended by
Regulation (EC) No 1636/98 (2), and in particular Articles 7, 9(5), 11, 14a and
17(5) and 27 thereof,
Whereas Regulation (EC) No 1636/98 introduced a fundamental reform of the
raw tobacco sector to improve its economic position; whereas this reformentailed a variation of Community aid in line with product quality, greater
flexibility and simplicity in the quota system, stricter control procedures and
improved observance of public health and environmental protectionrequirements;
Whereas, detailed implementing rules must be adopted following this reform;
whereas, in order to simplify agricultural legislation, Commission Regu-lations (EEC) No 3478/92 (
3), as last amended by Regulation (EC) No
1578/98 (4), (EEC) No 84/93 (5), as last amended by Regulation (EC) No
621/96 (6) and (EC) No 1066/95 (7), as last amended by Regulation (EC) No
1578/98, should be replaced by a single Regulation;
Whereas, with regard to the conditions for recognition of producer groups, the
minimum size should be fixed as a percentage, representing the relationshipbetween the quantities in the quota statements and the Member State’sguarantee threshold; whereas, for the purpose of recognising producer groups,
Member States should be able to increase the percentage of quota statements
in their territory and lay down minimum recognition conditions concerningthe number of producers;
Whereas the requirements for the recognition of producer groups should be
laid down in order that they may qualify for that specific aid;
Whereas, in order to respect market structures, it should be laid down that a
producer may be a member of one group only; whereas, to facilitate thetransition, producers who are members of more than one group should begiven the opportunity of withdrawing from memberships by 31 January 1999;
Whereas, in line with the intentions of Article 12 of Regulation (EEC)
No 2075/92 and in particular to prevent distortion of competition andmonitoring difficulties, producer groups should be debarred from engaging in
first processing;
Whereas to ensure uniformity of administrative procedures, rules should be
laid down on applications for and the grant and withdrawal of recognition and
the monitoring of the recognition requirements;
Whereas a mechanism should be introduced for the approval of processing
undertakings authorised to sign cultivation contracts, such approval should be
withdrawn where the rules are not observed and the special conditionsgoverning the processing of tobacco in a Member State should be laid down;
Whereas the recognised production areas should be fixed for each group of
varieties of tobacco on the basis of the traditional production areas for thepurposes of granting the premium; whereas, in view of the relatively small
area of French communes, those areas should be based on cantons rather than
communes in France; whereas Member States should be permitted to limitproduction areas in order, in particular, to improve quality;!B
(1) OJ L 215, 30. 7. 1992, p. 70.
(2) OJ L 210, 20. 7. 1998, p. 23.
(3) OJ L 351, 2. 12. 1992, p. 17.
(4) OJ L 206, 23. 7. 1998, p. 19.
(5) OJ L 12, 20. 1. 1993, p. 5.
(6) OJ L 89, 10. 4. 1996, p. 8.
(7) OJ L 108, 13. 5. 1995, p. 5.1998R2848 — EN — 26.06.1999 — 002.001 — 2
Whereas the main points which must be included in cultivation contracts must
be specified; whereas contracts must be limited to one harvest so that accountcan be taken of future changes in the market; whereas sufficiently early finaldates for the conclusion and registration of contracts should be fixed to enable
them to guarantee, from the very beginning of the year of harvest, both stable
outlets to producers for the coming harvest and regular supplies to processors;
Whereas, when a cultivation contract is concluded with a producer group, the
essential details of each individual producer must also be notified to permit
effective management and control;
Whereas an optional auction system for cultivation contracts should be
established for use by the Member States so that contract prices can reflect
market conditions;
Whereas raw tobacco eligible for the premium must be of sound and fair
merchantable quality and free of certain characteristics which prevent normal
marketing;
Whereas the premium comprises a fixed part, a variable part and a specific
aid and the relation between the different parts of the premium may vary
according to variety and producer Member State; whereas the fixed part mustbe paid for the quantity of leaf tobacco delivered by producers to firstprocessors irrespective of variations in quality, provided that the minimum
quality requirements are fulfilled; whereas, to encourage improvement of the
quality and value of Community production, the variable part of the premiumshould be paid by the producer group to its members after comparing themarket prices obtained for each batch delivered by individual members of the
group; whereas, to ensure that this system is effective, a variable premium
equal to zero should be attributed to batches sold for a price between theminimum price and the minimum price plus 50 % for each group of varieties;
Whereas the premium should be adjusted where the moisture content of
tobacco delivered differs by up to 4 % from the moisture content fixed foreach group of varieties on the basis of reasonable quality requirements and inorder to simplify checks on delivery, sampling levels and frequency together
with the method for calculating the adjusted weight for determining the
moisture content should be fixed;
Whereas the period of delivery of the tobacco to processors should be limited
(but vary as necessary by group of varieties) in order to prevent fraudulent
carry-over from one harvest to another;
Whereas the conditions governing the payment of premiums and purchase
prices should be laid down in order to prevent fraud; whereas, however, it is
the responsibility of the Member States to determine further management andcontrol arrangements pursuant to Article 17(1) of Regulation (EEC)No 2075/92;
Whereas premiums may be paid only after a check on deliveries, to guarantee
that the operations concerned have actually been carried out and that the quotaarrangements have been complied with; whereas, however, the payment of
advances to producers of 50 % of the premium due should be provided for on
condition that an adequate security is lodged; whereas, to make it possible foradvances to be paid to groups which cannot bear the costs of lodging
securities, it should be permitted to use the specific aid to cover those costs;
Whereas Regulation (EEC) No 2075/92 provides for Member States to pay
the premium direct to producers and that producers may carry over theirsurplus production to the next harvest, up to a maximum of 10 % of the quota
allocated to them;
Whereas Article 9 of Regulation (EEC) No 2075/92 introduces a quota
system for the different groups of varieties of tobacco; whereas the time limits
for allocation of quotas must be fixed early enough to enable producers to
take the greatest possible account thereof when producing tobacco;
Whereas under Article 9(3) of Regulation (EEC) No 2075/92, production
quotas are to be assigned to producers in proportion to the average quantity of
tobacco delivered for processing over the three years preceding that of themost recent harvest and the quotas thus assigned are to be valid for threeyears; whereas allocation of a certain quantity, giving entitlement to the
premium for a given harvest, does not imply acquisition of any right in
subsequent years;!B1998R2848 — EN — 26.06.1999 — 002.001 — 3
Whereas national quota reserves should be set up in each Member State in
order to increase the flexibility of the quota allocation arrangements, toencourage producers to switch to other crops and to facilitate the restructuringof agricultural holdings in the Member States; whereas these national reserves
should be made up of quotas released by a linear reduction in all the quotas
allocated to producers and by Member States being able to apply a linearreduction to the quantities entered on production quota statements that havebeen transferred permanently, together with quotas that have not been covered
by cultivation contracts concluded, including quantities entered on production
quota statements that have been transferred temporarily;
Whereas a procedure should be laid down for calculating the quota for
producers who have started growing tobacco or who have increased theirquota;
Whereas provisions are needed to take account of cases where tobacco is
processed in Member States other than the Member State in which it has beenproduced; whereas in such cases the quantity of raw tobacco in questionshould be taken over in the Member State where it was produced, for the
benefit of producers in that Member State;
Whereas production quota statements should be issued to producers on the
basis of their tobacco deliveries from the harvests in the reference years;
whereas Member States must be able to increase the quantities to be takeninto account for certain producers operating in special circumstances;
Whereas the threshold quantities applicable for a harvest may exceed those
fixed for the previous harvest for certain groups of varieties while fallingshort of those fixed for others; whereas the additional quantities should bedistributed among the parties concerned on the basis of objective criteria,
taking account of certain priorities to be determined by the Member States in
the light of their situation;
Whereas the transfer of production quotas within a single group of varieties,
on either an annual or a permanent basis, should be permitted and a right of
priority should be established between producers to encourage the transfer ofquotas between producers who are members of the same producer group;
whereas account should not be taken when calculating the quota of each
producer of quantities delivered as part of an annual transfer;
Whereas account should be taken of the fact that a production unit can be
jointly exploited by members of one family, particularly with regard to
minimum quantities per production quota statement and fraud prevention;
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;
Whereas a quota buy-back scheme should be set up with a corresponding
reduction of the guarantee thresholds in order to facilitate the voluntary
departure from the sector of individual producers; whereas the amounts to
which producers whose quotas are bought back will be entitled should befixed, without prejudice to future amendments; whereas, in order to maintainproduction as far as possible in the same production sector, a right of priority
should be established between producers for the purchase of quotas offered
under the buy-back scheme;
Whereas, for the purposes of sound management, transparency and verifi-
cation, producers who are not members of a producer group must deliver all
tobacco of a given group of varieties from the same harvest to a singleprocessor, payments to producer groups and payment of the purchase price to
producers by first processors must be made solely by bank or postal transfer
to a single account linked to payment of the individual producers, and theproduction quota allocated to each producer must be made public;
Whereas Article 4a(5) of Regulation (EEC) No 2075/92 provides for specific
aid not exceeding 2 % of the total premium to be paid to producer groups andthat maximum percentage should be maintained in order to ensure thatproducer groups correctly carry out the tasks entrusted to them, particularly
the measures to improve respect for the environment;
Whereas, pursuant to Article 17(1) of Regulation (EEC) No 2075/92, Member
States must decide on the measures needed to ensure compliance with the
Community provisions on raw tobacco; whereas, however, the control
measures must satisfy certain requirements to ensure that their application is!B1998R2848 — EN — 26.06.1999 — 002.001 — 4
broadly uniform in all Member States, based on the integrated administration
and control system provided for in Council Regulation (EEC) No 3508/92 of27 November 1992 establishing an integrated administration and controlsystem for certain Community aid schemes (
1), as last amended by Regulation
(EC) No 820/97 (2), and Commission Regulation (EEC) No 3887/92 of 23
December 1992 laying down detailed rules for applying the integratedadministration and control system for certain Community aid schemes (
3), as
last amended by Regulation (EC) No 1078/98 (4);
Whereas in several Member States checks are carried out at the place to which
tobacco is delivered rather than that where it is processed; whereas such
checks are considered to be inadequate; whereas the places to which tobacco
must be delivered and the checks to be carried out should be specified;
Whereas compliance with the provisions on Community aid must be
effectively monitored; whereas, in this connection, detailed criteria andtechnical rules should be laid down for carrying out administrative and
on-the-spot checks; whereas, in the light of the experience gained in carrying
out on-the-spot checks, the minimum inspection rates should be determinedusing risk analysis and the factors to be taken into consideration should bespecified;
Whereas, in accordance with points (a) and (c) of Article 5 of Regulation
(EEC) No 2075/92, the grant of the premium is subject to the condition that
the leaf tobacco comes from a specified production area and is delivered on
the basis of a cultivation contract; whereas these conditions may be easilycircumvented if there is no check to verify that the area declared on thecontract has actually been cultivated with the variety indicated; whereas a
minimum number of checks by the Member States on cultivated areas and the
consequences when irregularities are discovered both need to be established;whereas, while complying with the principle of proportionality, those
consequences must be sufficiently dissuasive to prevent false declarations;
Whereas, with a view to the prevention of fraud, the leaf tobacco must be
placed under supervision the moment the producer delivers it to the
first-processing undertaking; whereas the tobacco must remain undersupervision until processing and market preparation have taken place;whereas it is also necessary to check any leaf tobacco imported from third
countries that undergoes first processing and market preparation in an
undertaking also processing leaf tobacco of Community origin;
Whereas the data and documents of processors and producers must be
accessible in a usable form for the checks to be carried out;
Whereas the consequences of any irregularities found should be determined;
whereas such consequences must be sufficiently deterrent to prevent anyillegal use of Community aid, while complying with the principle of
proportionality;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
TITLE I
Definitions
Article 1
For the purposes of this Regulation:
— ‘delivery’ means any operation taking place on a given day which
involves a producer handing over raw tobacco to a processing undertak-ing under a cultivation contract,
— ‘producer group’ means a producer group recognised in accordance with
Article 4,!B
(1) OJ L 355, 5. 12. 1992, p. 1.
(2) OJ L 117, 7. 5. 1997, p. 1.
(3) OJ L 391, 31. 12. 1992, p. 36.
(4) OJ L 212, 30. 7. 1998, p. 23.1998R2848 — EN — 26.06.1999 — 002.001 — 5
— ‘temporary transfer’ means the transfer of the quantities entered on
production quota statements for a maximum period of one year whichmay not be renewed during the three-year quota allocation period,
— ‘permanent transfer’ means the transfer of the quantities entered on
production quota statements for a period of more than one year during thethree-year quota allocation period,
— ‘first purchaser’ means the undertaking responsible for first processing
that first signs the cultivation contract,
— ‘batch’ means part or all of the tobacco of which a delivery has been
made by a producer, divided to form one or more distinct parts by quality
grade, whether in fact handed over separately or not, having a
well-defined weight and moisture content and numbered to identify thepurchase price paid and the individual producer,
— ‘control certificate’ means the document issued by the competent control
body certifying that the quantity of tobacco concerned has been takenover by the first processor, that this quantity has been delivered under the
quota statements allocated to the producers and that the operations have
been carried out in accordance with the rules.
TITLE II
Producer groups
CHAPTER I
Recognition
Article 2
1. Member States shall recognise producer groups on application from
them.
2. Producer groups may not carry out first processing of tobacco.
3. Tobacco producers may not belong to more than one group.
Article 3
1. Producer groups must satisfy the following requirements:
(a) they shall be set up on the initiative of their members;
(b) they shall be set up with the aim of adapting collectively the production
of the producer members to meet the requirements of the market;
(c) they shall adopt, and shall ensure that their members apply, common rules
for the production and the placing of their products on the market, inparticular as regards product quality and the use of cultivation practices,
and, where appropriate, shall purchase seed, fertilisers and other means of
production;
(d) their operation shall be regulated by articles of association restricting
their activities exclusively to raw tobacco. Under the articles of
association, producer members shall be at least obliged:
— to market the entire production intended for marketing through the
group,
— to comply with the common production rules;
(e) they must have quota statements relating to a quantity expressed in tonnes
equal to or greater than the percentage specified in Annex I of theguarantee threshold for the Member State in which the group isestablished.
Member States may fix a higher percentage and lay down minimum
conditions regarding the number of producers;!B1998R2848 — EN — 26.06.1999 — 002.001 — 6
(f) their articles of association shall contain provisions to ensure that the
members of the group who wish to withdraw from membership may doso:
— after they have been members of the group for a minimum of one
year following its recognition,
and
— on condition that they notify the group in writing by 31 October at
the latest of their withdrawal with effect from the following harvest.These provisions shall apply without prejudice to national laws or
regulations designed to protect the group or its creditors, in specified
cases, against any financial consequences which might result fromthe withdrawal of a member or to preclude withdrawal of a memberin the course of the financial year;
(g) both the form in which they are set up and the entire range of their
activities shall preclude any discrimination which runs counter to theoperation of the common market and the attainment of the generalobjectives of the Treaty and, in particular, any discrimination connected
with the nationality or place of establishment:
— of producers or groups liable to become members of groups,
or
— of their economic partners;
(h) they shall have legal personality or sufficient legal capacity to exercise
rights and be subject to obligations in accordance with national law;
(i) they shall keep accounts enabling the competent authority to make a full
inspection of the use made by the group of the specific aid;
(j) they shall not hold a dominant position in the Community unless this is
necessary for the pursuit of the objectives laid down in Article 38 of the
Treaty;
(k) their articles of association shall in addition make it compulsory for their
members to comply with the conditions laid down in subparagraphs (c)and (d) at the latest from the date:
— on which recognition takes effect
or
— on which they become members if this is later than the date of
recognition.
2. Marketing through the group within the meaning of paragraph 1(d) shall
cover at least the following operations:
— the conclusion by the group in its own name and on its behalf of
cultivation contracts for the whole of the production of the members ofthe group,
— the supply of the whole of the production of the members of the group,
prepared in accordance with common standards for delivery to the
processors.
Article 4
1. The Member States shall be competent to recognise producer groups
which have a registered headquarters on their territory.
2. The Member State concerned shall decide on applications for recognition
within 60 days of the date of submission of an application on condition thatthe requirements of Article 3 are met.
3. The Member State shall determine the date on which recognition takes
effect. This may not precede the date on which the group actually begins to
operate.
Article 5
1. Each producer group shall update the information relevant to recognition
annually before 15 November and shall notify the Member State of anychange made since the previous period.!B1998R2848 — EN — 26.06.1999 — 002.001 — 7
2. Producer groups meeting the conditions for recognition on 15 November
may continue to be recognised in respect of the following year’ s harvest.
3. Producer groups which no longer meet the conditions for recognition on
15 November may, before the final date for the conclusion of cultivation
contracts referred to in Article 10(1), apply for recognition in accordance withArticle 4 in order to continue to be recognised in respect of that year’ s harvest.
CHAPTER II
Withdrawal of recognition
Article 6
1. Recognition of a producer group shall be withdrawn by the Member State
concerned:
(a) if the specific aid is used for purposes other than those laid down in
Article 40(2);
(b) if the conditions for recognition are no longer fulfilled;
(c) if recognition is based on erroneous information;(d) if the group obtained recognition by improper means;
(e) if the Commission decides that Article 85(1) of the Treaty applies to the
agreements, decisions and concerted practices.
(f) if the provisions of Article 51 are found to be applicable.
2. Recognition shall be withdrawn by the Member State with effect from the
date on which the conditions for recognition are no longer met, without
prejudice to Article 5(2) and (3).
Aid paid after that date shall be recovered, together with interest from the date
of the payment of the aid to the date of its recovery. The interest rate to be
applied shall be that in force for analogous recovery operations under national
law.
3. In cases where recognition has been withdrawn because of serious
infringements, the aid to be recovered shall be increased by 30 %.
In such cases, and in cases where Article 51 has been applied, recognition may
not be restored within 12 months of the date of withdrawal.
4. After recognition has been withdrawn, the producer group must reapply
for recognition.
TITLE III
First processors
Article 7
1. The Member State in whose territory the first processor is based shall be
responsible for approving first processors authorised to sign cultivation
contracts.
2. The Member State concerned shall decide on the application for approval,
in accordance with Article 6(2) of Regulation (EEC) No 2075/92 and other
conditions which it has itself laid down, within 60 days of the date ofsubmission of the application and shall fix the date from which approval takeseffect if the application is accepted. Approval of a first processor may not
predate the date of submission of the application.
3. Approval of a first processor shall be withdrawn by the Member State
with effect from the following harvest from the date on which one or more of
the terms of approval are no longer met, or in the case provided for in Article
53.!B1998R2848 — EN — 26.06.1999 — 002.001 — 8
TITLE IV
Premium scheme
CHAPTER I
Production areas
Article 8
For each group of varieties, the production areas referred to in Article 5(a) of
Regulation (EEC) No 2075/92 shall be as laid down in Annex II hereto.
Member States may specify more restricted production areas, especially in the
interests of quality. Restricted production areas may not exceed the area of the
administrative unit or, in France, the canton.
CHAPTER II
Cultivation contracts
Article 9
1. Cultivation contracts as referred to in Article 5(c) of Regulation (EEC)
No 2075/92 shall be concluded between a first processor, on the one hand, anda producer group or individual producer who does not belong to a group, onthe other.
2. Cultivation contracts shall be concluded by group of varieties. They shall
commit the first processor to taking delivery of the quantity of leaf tobacco
provided for in the contract and the individual producer who is not a memberof a group or the producer group to deliver that quantity to the first processor,to the extent that their actual production so allows.
3. Cultivation contracts must include at least the following details:(a) the parties to the contract;(b) the reference to the quota statement of the producer;(c) the group of varieties of tobacco covered by the contract and, where
appropriate, the variety of tobacco;
(d) the maximum quantity to be delivered;(e) the exact location where the tobacco is produced (the production area as
referred to in Article 1, province, municipality, identification of the
parcel under the integrated control system referred to in Article 43);
(f) the area of the parcel concerned, excluding service roads and enclosures;(g) the purchase price according to quality grade, excluding the premium,
any service charges and taxes;
(h) the minimum quality requirements agreed per quality grade, with a
minimum of three grades, and an undertaking by the grower to deliver tothe processor raw tobacco meeting at least these quality requirements;
(i) a commitment by the first processor to pay the producer the purchase
price according to quality grade;
(j) the time limit for payment of the purchase price, which may not exceed
30 days from the date of delivery;
(k) a clause providing for contracts to be auctioned if the Member State
concerned decides to apply Article 12.
If the Member State has decided to pay premiums to producers through the
first processors in accordance with the second indent of Article 6(4) ofRegulation (EEC) No 2075/92, the cultivation contract must also include an
undertaking by the processor to pay the producer, in addition to the price, an
amount equal to the premium for the quantity covered by the contract andactually delivered.
4. Contracts shall be valid for one harvest only.!B1998R2848 — EN — 26.06.1999 — 002.001 — 9
5. Under Article 10(2) of Regulation (EEC) No 2075/92, the parties to a
cultivation contract may, by means of a written amendment, increase thequantities initially specified in the contract, where the following conditionsare met:
(a) the amendment specifies the producer’ s surplus production for each
group of varieties at the places and from the harvest covered by the
contract, up to a maximum of 10 % of the quota allocated to the producerfor that harvest;
(b) the amendment is submitted for registration to the competent authority
not later than the tenth day following the date laid down in Article 16(1)
of this Regulation.
The amendment referred to in the first subparagraph shall be registered by the
competent authority once it has been verified that the producer did not carryover surpluses in the previous harvest.
Article 10
1. Cultivation contracts shall be concluded, except in cases of force majeure ,
by 30 May of the harvest year.
2. Except in cases of force majeure , cultivation contracts once concluded
must be submitted for registration to the competent body no later than 10 days
after the deadline laid down for concluding them.
3. If the period for the conclusion of contracts provided for in paragraph 1 or
for the submission of cultivation contracts provided for in paragraph 2 isexceeded by a maximum of 15 days, the premium to be reimbursed shall be
reduced by 20 %.
4. The competent body shall be that of the Member State in which
processing is to take place. Where processing is to take place in a MemberState other than that in which the tobacco was grown, the competent body ofthe Member State in which processing is to take place shall immediately send
a copy of the registered contract to the competent body of the producer
Member State.
If that body does not itself carry out checks on the premium system, it shall
send a copy of the registered contract to the control agency.
Article 11
Where a cultivation contract is concluded between a processor and a producer
group, it shall be accompanied by a list containing the names of the producersconcerned, their respective areas in accordance with Article 9(3)(e) and (f)and details of their quotas.
Article 12
1. The Member States shall decide, before 31 January of the year of harvest,
whether to apply a cultivation contract auction scheme covering all suchcontracts signed in their territory.
2. The auction scheme for cultivation contracts shall require a clause to be
included in contracts as referred to in Article 9(1) under which producers may
replace the first purchaser with another first processor not later than 20 daysbefore the date on which delivery of the tobacco commences.
Such replacement may occur where a first processor that has declared itself
able to fully take over a contract makes one or more formal offers. The new
prices, excluding the premium, any service charges and taxes, must be at least10 % higher than the prices indicated in the contract.
3. Producers who have received formal offers shall inform the first
purchaser by registered letter of the new prices, excluding the premium,
any service charges and taxes.
4. First purchasers shall not be replaced in the contract where they inform
the producer within seven days of receiving the registered letter referred to inparagraph 3 that they accept the new prices arising from the auction
procedure. First buyers who do not accept the new prices or who fail to
respond within the time limit laid down shall be replaced in the contract bythe first processor that formally offered the highest price to the producer.!B1998R2848 — EN — 26.06.1999 — 002.001 — 10
5. Producers shall inform the first purchaser and the Member State of this
replacement before the date on which delivery of the tobacco is to commenceby sending the latter an updated copy of the original contract countersigned bythe parties concerned.
6. Where tobacco produced in a Member State is processed in another
Member State, the cultivation contract auction scheme shall apply on the basis
of the provisions adopted by the producer’ s Member State.
CHAPTER III
Minimum quality requirements
Article 13
Tobacco delivered to processors must be of sound, fair and merchantable
quality and free from any of the characteristics given in Annex III. Thecontracting parties may agree on stricter quality requirements.
Article 14
The Member States may provide that disputes concerning the quality of
tobacco delivered to the first processor shall be submitted to an arbitration
body. The Member States shall lay down the rules governing the membershipand the decision-making procedures of such bodies; the latter must includeone or more representatives of producers and processors, in equal numbers.
CHAPTER IV
Payment of premiums and advances
Article 15
1. The detailed rules for breakdown of the premium referred to in Article
4a(1) of Regulation (EEC) No 2075/92, the minimum relation between the
variable part and the premium and the method for calculating the variable partof the premium shall be as laid down in Annex V to this Regulation. TheMember States may increase the relation between the variable part and the
premium up to a maximum of 45 %.
2. The fixed part of the premium to be paid either to producer groups for
distribution in full to each member of the group or to individual producerswho are not members of a group and the quantity to be set off against theproduction quota statement of the party concerned shall be calculated on the
basis of the weight of leaf tobacco of the group of varieties concerned
corresponding to the minimum quality required and taken over by the firstprocessor.
Where the moisture content differs from the level laid down in Annex IV for
the variety concerned, the weight shall be adjusted for each percentage point
of difference, up to a maximum of 4 % moisture.
3. The methods for determining moisture content, sampling levels and
frequency and the method for calculating the adjusted weight shall be as setout in Annex VI.
4. The variable part of the premium to be paid to producer groups for
redistribution in full to each member shall be calculated for each batch
delivered on the basis of the purchase price paid for that batch by the first
processor.
Article 16
1. Except in cases of force majeure , producers must deliver their entire
production to the first processor by 30 April of the year following the year of
harvest for the groups of varieties VI, VII and VIII and by 15 April of the year
following the year of harvest for the other groups of varieties, failing whichthey shall lose their entitlement to the premium.!B1998R2848 — EN — 26.06.1999 — 002.001 — 11
The delivery must be made either directly to the place where the tobacco will
be processed or, if the Member State so authorises, to an approved purchasingcentre. The competent control body shall approve such purchasing centres,which must have the appropriate facilities, weighing scales and premises.
2. Each producer shall notify the competent control body in writing by 10
May for the groups of varieties VI, VII and VIII and by 25 April for othergroups of varieties of all quantities of leaf tobacco not delivered to a firstprocessor by the dates specified in paragraph 1, indicating the place where the
tobacco is stored. The competent body shall take the necessary steps to ensure
that any tobacco not delivered to a first processor by the dates specified inparagraph 1 is not then declared as part of the subsequent harvest.
Article 17
Individual producers who are not members of a group may deliver tobacco
from a given group of varieties from the same harvest to a single processoronly.
Article 18
1. The Member State’ s competent body shall pay:
— the fixed part of the premium to the producer group or to the individual
producer who is not a member of a group,
— the variable part of the premium and the specific aid to the producer
group,
on the basis of a control certificate issued by the competent control body
certifying that the tobacco has been delivered and proof that the purchaseprice referred to in Article 9(3)(i) has been paid.
2. Member States must pay the fixed part of the premium and the specific
aid to producers within 30 days of the date of submission of the documentsprovided 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 documents referred to in
paragraph 1 and of a declaration issued by the group concerned certifying thatdeliveries of each group of varieties have been completed.
3. Producer groups shall pay the fixed and variable parts of the premium to
their members by bank or postal transfer within 30 days of the date on which
they receive the amount in question.
4. Payment to producer groups of the amounts referred to in paragraphs 1
and 2, and payment of the purchase price to producers by processors may bemade only by bank or postal transfer, to a single account, which in the case of
a producer group must be linked to the payments 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 is proven that the
first processor who signed the contract is the subject of bankruptcy or similar
proceedings or has been legally declared bankrupt.
Article 19
1. Member States shall apply a system of advances on premiums for
producers in accordance with paragraphs 2 to 8.
2. The advance referred to in paragraph 1 shall be paid, on application by
the producer, on the basis of a statement of eligibility for the advance,
prepared by the competent control body.
3. The following documents must accompany applications for an advance
save where a Member State provides otherwise on the grounds that they arealready in its possession:
(a) a copy of the cultivation contract concluded by the producer issued in his
name;
(b) a copy of the quota statement issued to the producer and covered by the
said cultivation contract;!B1998R2848 — EN — 26.06.1999 — 002.001 — 12
(c) a written declaration from the producer concerned specifying the
quantities of tobacco he is in a position to deliver during the currentharvest.
4. The statement referred to in paragraph 2 shall be issued by the control
body once the documents referred to in paragraph 3 are verified and thewritten declaration supplied by the producer is substantiated.
5. The advance, which may not exceed the fixed part of the premium
payable, shall be paid subject to the lodging of a security equal to the advance
plus 15 %.
The advance shall be paid from 16 October of the year of harvest and must be
paid within 30 days of submission of the application referred to in paragraph 2and of proof that the security has been lodged, except where the application issubmitted before 16 September, in which case the period shall be increased to
77 days.
6. Where the advance is granted to a producer group but has not been paid
to the members entitled or reimbursed to the Member State within 30 days ofreceipt, interest shall be payable on the amount still available at a rate to be
determined by the Member State. The interest shall be calculated from the
date the advance was received and booked to the European AgriculturalGuidance and Guarantee Fund (EAGGF).
7. The advance paid shall be deducted from the amount of the premium
payable to the producer under Article 18(1), starting from the first deliverymade.
The security lodged shall be released on presentation of the control certificate
for the quantity of tobacco in question and of proof that the amount equal to
the premium has been paid to the producers entitled thereto. Member States
shall establish any further conditions, particularly the tobacco delivery periodsor the minimum quantities for which a control certificate may be drawn up.Once 50 % of the premium due has been paid, 50 % of the security shall be
released. The security lodged shall be released when the entire advance paid
has been deducted from the premiums payable.
8. Where producers fail (except in cases of force majeure ) to make the
deliveries enabling full deduction of the advance paid from the premiumspayable within the time limit laid down in Article 16(1), the security lodged
by them shall be forfeited at a rate equal to the amount of the advance not
recovered.
9. Member States shall determine any further conditions governing the grant
of advances, and in particular the final date for lodging applications.Producers may not lodge an application for an advance once they have begunmaking deliveries.
Article 20
1. For the 1999 and 2000 harvests, Member States may pay the premium to
producers through the first processors. In such cases, the Member State’s
competent body shall pay to processors:
— the fixed part of the premium for the producer groups and individual
producers who are not members of a group,
— the variable part of the premium and the specific aid for the producer
groups,
on the basis of the control certificate and proof that the purchase price
referred to in Article 9(3)(i) has been paid.
2. The Member State shall pay the premium to the first processor within the
following time limits:
(a) the fixed part of the premium and the specific aid, within 30 days of the
date of submission of the documents provided for in paragraph 1.
(b) the variable part of the premium, within 30 days of the date of submission
of a declaration issued by the producer group concerned and the
documents provided for in paragraph 1.!B
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!B1998R2848 — EN — 26.06.1999 — 002.001 — 13
3. The first processor shall pay the fixed part of the premium and, where
applicable, the variable part of the premium and the specific aid, to theproducer concerned within 10 days of the date on which they receive theamounts 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 the case ofproducer groups, be linked to the payment to individual members of the
producer group.
Article 21
1. Premiums shall be paid or advanced by the Member State in which the
tobacco was produced. They shall be paid to the producer in the currency of
the Member State in which the tobacco was produced.
2. Where tobacco is processed in a Member State other than that in which it
was produced, the processing Member State shall, after carrying out the
necessary checks, provide the producer Member State with all the informationneeded to enable it to pay the premium or release the security.
TITLE V
Production quotas
CHAPTER I
Allocation of quotas
Article 22
1. Member States shall allocate production quotas for each group of
varieties for three consecutive harvests, within the limit of the guaranteethresholds fixed under Article 9(2) of Regulation (EEC) No 2075/92, to
individual producers who are not members of a producer group and to
producer groups, in proportion to the average quantity of tobacco deliveredfor processing by each individual producer or each producer group over thethree years preceding that of the most recent harvest.
2. Member States may either allocate the production quotas directly among
individual producers who are not members of a producer group and producergroups, or require individual producers who are not members of a producer
group and producer groups to submit applications for a production quota.
3. Member States shall issue quota statements to individual producers who
are not members of a producer group and to producer groups not later than 31January of the year of harvest.
4. Within 15 days following the publication in the Official Journal of the
European Communities of the Regulation providing for the transfer of
guarantee threshold quantities from one group of varieties to another inaccordance with Article 9(4) of Regulation (EEC) No 2075/92, the quantities
entered in production quota statements following such transfers shall be
allocated fairly among the individual producers who are not members ofproducer groups and the producer groups issued production quota statements
by the competent bodies of the Member States. The quantities shall be
allocated on the basis of objective published criteria, to be laid down by theMember States after taking account of the opinions of the inter-branchorganisations recognised in accordance with Regulation (EEC) No 2077/92.
The competent bodies of the Member States shall correct the quantities
entered in production quota statements where the individual producers whoare not members of producer groups and the producer groups concerned areissued production quota statements within the time limit laid down in
paragraph 3.
Article 23
Allocation of a production quota shall not prejudice the allocation of quotas
for subsequent years.!B
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!B1998R2848 — EN — 26.06.1999 — 002.001 — 14
Article 24
1. The quotas for each producer shall be equal to the average quantity each
produces as a percentage of the total of the average quantities calculated in
accordance with Article 9 of Regulation (EEC) No 2075/92 and Articles 22
and 25 of this Regulation, such percentage being applied to the specificguarantee threshold of the Member State for the group of varieties in question.
2. In the case of producer groups, any members leaving a group shall
maintain entitlement to their own quota as calculated under paragraph 1.
3. The production quotas of producers who have newly begun to grow
tobacco or who have increased their quota under Article 29(3) must becalculated as follows:
— for the harvests following the allocation under Article 29(3), and until the
next distribution of three-yearly production quotas, the amended quotas
shall remain unchanged,
— when quotas are allocated, producers shall obtain a production quota in
line with paragraph 1.
4. Producers who have increased their quota as the result of a temporary
transfer shall, when quotas are allocated, obtain a production quota inproportion to the average quantity of tobacco delivered, excluding theproduction quotas affected by the transfer.
5. Producers who have increased their quota as the result of a permanent
transfer shall, when quotas are distributed, obtain a production quota in
proportion to the average quantity of tobacco delivered, including the
production quotas affected by the transfer.
6. Producers’ percentages shall be expressed to at least four decimal places.
Quotas shall be fixed in kilograms.
Article 25
1. For the purposes of calculating the average quantities delivered for
processing, all the tobacco from a harvest shall be deemed to be deliveredduring the calendar year of the harvest in question. However, the quantities of
tobacco delivered for processing on the basis of Article 9(5) shall be deemed
to be delivered during the year of the harvest in which they were entitled tothe premium. Only tobacco actually delivered and giving rise to entitlement tothe premium shall be taken into account.
2. Quantities of tobacco delivered by producers located outside the
production areas recognised in accordance with Article 5(a) of Regulation
(EEC) No 2075/92 shall not be taken into account in the calculation referred
to in paragraph 1.
Article 26
1. Where tobacco produced in one Member State is processed in another,
the quotas shall be allocated in accordance with paragraphs 2, 3 and 4.
2. The processing Member State shall notify the producer Member State, for
each producer and group of varieties, of the quantities of raw tobacco from theproducer Member State delivered for processing during the reference years to
be used for calculating the production quotas under Article 9(3) of Regulation
(EEC) No 2075/92.
3. This information shall be forwarded not later than 15 November of the
year preceding the harvest in question.
4. The producer Member State shall allocate the corresponding quantity of
its specific guarantee threshold quantity to producers who delivered tobaccoto processors located in another Member State during the reference yearsreferred to in paragraph 2.
When the production quotas are allocated, producers who delivered tobacco to
processors located in another Member State during the reference years shall
be treated in the same way as producers who delivered their production to a
processor located in their Member State.!B1998R2848 — EN — 26.06.1999 — 002.001 — 15
CHAPTER II
Quota statements
Article 27
1. Member States shall issue production quota statements for each group of
varieties, within the limit of their guarantee thresholds, to producers located in
a production area recognised in accordance with Article 5(a) of Regulation(EEC) No 2075/92.
The production quota statements shall indicate in particular the holder of the
certificate, the group of varieties and the quantity of tobacco for which theyare valid.
2. The Member States shall lay down the procedure for issuing production
quota statements and shall adopt measures to prevent fraud in accordance with
Article 17 of Regulation (EEC) No 2075/92.
3. Member States may lay down minimum quantities for the issue of
production quota statements. Those quantities may not exceed 500 kilograms.
4. Where producers can prove that, as a result of exceptional circumstances,
one of their harvests in the reference period was abnormally low, the MemberState shall, at the request of the party concerned, determine the quantity to betaken into account for that harvest when making out the quota statement; the
quantity thus determined may not exceed the quantities entered in the quota
statements allocated to the producer for the harvest in question.
CHAPTER III
Amendment of the guarantee threshold
Article 28
1. Where the guarantee threshold fixed for a group of varieties for a
particular harvest and a particular Member State is higher than the guarantee
threshold for the previous harvest, the quantity exceeding that guarantee
threshold shall be distributed following objective and consistent criteria to beadopted and published by the Member State.
Member States may, in particular, stipulate that the additional quantities are to
be allocated, as a priority, to producers:
(a) for whom the quantity covered by their quota statement has been reduced
in relation to the previous harvest for another group of varieties;
(b) who can significantly rationalise their production of tobacco of the group
of varieties in question if they receive the additional quantity.
2. Where the guarantee threshold fixed for a group of varieties for a harvest
and a Member State is lower than the guarantee threshold applicable to theprevious harvest, that reduction shall be shared among producers in
proportion to the average quantity of tobacco delivered for processing by
each individual producer over the three years preceding that of the most recentharvest, without prejudice to the introduction of a quota buy-back programmeas provided for in Article 14 of Regulation (EEC) No 2075/92.
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 national quotareserve for each group of varieties for each harvest.
2. This reserve shall be made up of quotas released by a linear reduction in
all the quotas allocated to individual producers and producer groups to be set
by the Member States at between 0,5 % and 2 % of the guarantee thresholdfixed each year for the same group of varieties.!B1998R2848 — EN — 26.06.1999 — 002.001 — 16
In addition, the Member States may make use of the following:
— a linear reduction to be set by each Member State at up to 2 % of the
quantities entered on the statements of production quotas that have been
transferred permanently,
and/or
— production quotas that have not been covered by a cultivation contract by
the closing date for conclusion of such contracts.
3. The national reserve shall be distributed, in accordance with Chapter I of
this Title and the production areas recognised in accordance with Article 5(a)
of Regulation (EEC) No 2075/92, among producers, or those who wish to
become producers, on the basis of objective criteria determined by eachMember 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 the production
quota statement from the date of transfer for the entire reference period,
unless a valid contract stipulates otherwise.
2. Where part only of a tobacco-producing holding is transferred to a third
party, the new incumbent shall be entitled to the production quota statement in
proportion to the agricultural area taken over. However, the parties concernedmay agree that full entitlement should be held by the person formerly ornewly entitled.
3. Without prejudice to paragraph l, producers who lease the areas they farm
shall maintain their entitlement to the quota when their lease terminates.
4. Several members of one family who jointly farm or have farmed a
tobacco-producing holding must apply for a single production quota statement
to be issued on the basis of the aggregate quantities to which they are entitled.
Article 32
1. Subject to authorisation by the Member State concerned, producers may
exchange among themselves their rights to a production quota statement for a
group of varieties against a statement for a different group of varieties.
2. Exchange of rights to a production quota statement in accordance with
paragraph 1 shall be considered a permanent transfer between the producers
concerned of the reference quantities on the basis of which the statement was
established.
Article 33
1. Within a single Member State, individual producers may transfer between
themselves, either temporarily or permanently, all or part of the quantities inthe production quota statements allocated to them, provided the following
conditions are met:
(a) the quota statement concerned has not yet been covered by a cultivation
contract;
(b) the transferee already has a production quota for the group of varieties in
question;
(c) the transfer has been the subject of a written agreement between the
parties concerned, referring to the statement relating to the production
quota, all or part of which is to be transferred;!B1998R2848 — EN — 26.06.1999 — 002.001 — 17
(d) the agreement referred to at (c) has been submitted to the competent
authority for registration within 30 days of the date referred to in Article22(3);
(e) the original of the production quota statement of which all or part of the
quantities are to be transferred must be returned to the competentauthority when the transfer agreement is submitted;
(f) if the producer transferring a quota statement is a member of a producer
group, the transfer must be authorised by the group where the transferee
is not a member of the same producer group. Authorisation must be
granted by the producer group where no member of the group hasexpressed interest in using the quantity covered by the transfer on the
terms offered. Where the transfer takes place between producers who are
members of the same producer group, the group must be notified of thetransfer;
(g) permanent transfer shall apply solely to producers furnishing proof that
growing contracts have been concluded in the last three years for thequotas involved in the transfer.
2. The competent authority of the Member State shall register agreements as
referred to in paragraph l(c) within 20 days of their submission, after checking
that the conditions referred to in paragraph 1(a), (b), (d), (e), (f) and (g) are
met. On the same day, the competent authority of the Member State shallissue:
— to transferees, an additional production quota statement corresponding to
the quantities of production quota that have been transferred,
— to producers who have transferred only part of the quantities covered by
their quota statement, a replacement production quota statement
corresponding to the quantities which have not been transferred.
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) No 2075/92 and excluding
sensitive production areas and/or groups of high-quality varieties as defined in
paragraph 2, a quota buy-back programme with corresponding reduction of
the guarantee thresholds referred to in Article 8 of Regulation (EEC)No 2075/92 shall be introduced to facilitate the voluntary departure from thesector of individual producers.
2. The Commission shall determine, on the basis of proposals from the
Member States, to be submitted by 30 May of each harvest year, which
sensitive production areas and/or groups of high-quality varieties up to a
maximum of 25 % of each Member State’s guarantee threshold, are to beexempt from application of the previous paragraph.
3. Paragraph 1 shall apply solely to producers furnishing proof that growing
contracts have been concluded in the last three years for the quotas involved
in the buy-back programme.
Article 35
1. Producers who decide to leave the sector under Article 34 must inform
the competent authority of the Member State and, in the case of individual
producers who are members of a producer group, their group, in writing oftheir decision before 1 September of each harvest year.
2. From 1 September to 31 December, the Member State shall make public
the intention to sell so that other producers may buy the quota before it isactually bought back.
Individual producers belonging to the same group as the producer who has
decided to leave the sector and the group concerned shall have priority, in that
order, over other producers if they wish to buy the quotas available under thebuy-back programme.!B1998R2848 — EN — 26.06.1999 — 002.001 — 18
3. Once the four-month period is over, any quotas which have not been
bought by producers shall be permanently bought back.
4. From the harvest year following the date on which the producer notifies
the decision to leave the sector, the guarantee threshold for the group of
varieties concerned shall be reduced by the quantity bought back.
Article 36
Producers whose quotas have been bought back for the 1999 harvest shall be
entitled, when the premiums for the 2000, 2001 and 2002 harvest years are
paid, to receive the following amounts each year:
— Group I quotas EUR 0,67741/kg,— Group II quotas EUR 0,54187/kg,— Group III quotas EUR 0,54187/kg,
— Group IV quotas EUR 0,59591/kg,
— Group V quotas EUR 0,54187/kg,— Group VI quotas EUR 0,93854/kg,— 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 distribution or
transfer of production quotas shall be submitted to an arbitration body. TheMember States shall lay down the rules governing the membership and thedecision-making procedures of such bodies.
Article 38
1. Member States shall establish a computerised database which shall
contain, for each processor and each producer and producer group,
information identifying their establishments or their holdings, the quotas or
the quantities appearing on production quota statements allocated to them andany other information which may be useful for monitoring the quota system.
2. Member States shall ensure that:
— data in the computerised database are preserved,
— the database is used exclusively for the application described in
paragraph 1,
— measures are applied to safeguard the data, in particular against theft and
interference,
— persons covered by the scheme have access to the files relevant to
themselves without excessive expense or delay,
— persons covered by the scheme are able to have information concerning
them changed, where justified, and in particular to have data which is no
longer of interest periodically deleted.
3. Processors and producers:— must not hinder in any way the establishment of the computerised
database by duly qualified officials,
— must provide these officials with all the information required pursuant to
this Regulation.!B1998R2848 — EN — 26.06.1999 — 002.001 — 19
4. Member States shall ensure that, subject to national laws on the
protection of data of a personal nature, the quota of each individual producerused for the conclusion of cultivation contracts or, where applicable, the quotaof each producer who is a member of a producer group, is made public in such
a way as to be known to all producers concerned in a restricted production
area as defined in Article 9 of this Regulation.
Article 39
Where a production quota covers a producer group which is itself a producer,
the Member State shall ensure that the quantity in question is distributed fairlybetween all members of the group. Member States must also have at their
disposal exact data on the production of all the individual producers so that
the production quotas may be allocated to them if necessary.
In that case, Chapter I shall apply mutatis mutandis to distribution among the
members of the group; however, with the agreement of all the members, the
group may undertake a different distribution with a view to improvedorganisation of production.
TITLE VI
Specific aid
Article 40
1. The specific aid referred to in Article 4a(5) of Regulation (EC)
No 2075/92 shall be 2 % of the premium.
2. The specific aid may be used by producer groups up to 30 June of the
year following that of harvest in the case of groups of varieties VI, VII and
VIII and up to 15 June of the year following that of harvest in the case of the
other groups of varieties and for the following purposes only:
— the employment of technical staff to assist members in improving the
quality of their production and respect for the environment,
— the supply to members of certified seeds and seedlings and of other
means of production in order to improve product quality,
— environmental protection measures,
— the implementation of infrastructure measures for enhancing the value of
products supplied by the members, in particular tobacco-grading
facilities,
— the employment of administrative staff to administer the premium and
ensure that the group complies with Community rules,
— the reimbursement of the costs incurred in lodging securities under
Article 42.
3. The expenditure referred to in the first, second and third indents of
paragraph 2 must be at least 30 % of the total specific aid for the 1999
harvest, 40 % for the 2000 harvest and 50 % for subsequent harvests.
Article 41
If the specific aid is paid by a Member State other than that in which
processing took place, the latter shall forward to the Member State
responsible for the payment of the aid, at its request, the proofs and
supporting documents referred to Article 18(1).
Article 42
1. On application, the Member State shall pay the producer group an
advance on the specific aid. The size of the advance shall be established onthe basis of the quantity of tobacco which the group has delivered to the
processor at the time the application is submitted. The Member State shall lay
down the additional conditions for payment of the advance.!B
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!B1998R2848 — EN — 26.06.1999 — 002.001 — 20
2. Payment of the advance on the specific aid shall be subject to the lodging
of a security which shall be at least equal to the advance, plus 15 %.
3. The security shall be released upon presentation of the proof relating to
the specific aid, as referred to in Article 18(1) of this Regulation.
TITLE VII
Checks and penalties
CHAPTER I
Checks
Article 43
For the purpose of checking compliance with this Regulation, the following
Articles of Commission Regulation (EEC) No 3887/92 shall apply:
— Article 6(1) for effective verification of compliance with the conditions
for granting aid,
— Article 11 for additional national penalties and cases of force majeure ,
— Article 12 for the inspection report,— Article 13 for the on-the-spot check,— Article 15 for wrongly-made payments.
Article 44
1. The Member States shall set up inspection arrangements to ensure
effective verification of compliance with this Regulation and with Regulation(EEC) No 2075/92 and shall adopt all the additional measures necessary for
the application of those Regulations.
The arrangements shall comprise the following:(a) administrative checks;(b) on-the-spot checks;(c) checks on deliveries of leaf tobacco;(d) checks during first processing and market preparation of the tobacco.2. Member States shall provide mutual assistance where necessary for the
purposes of the checks provided for in this Regulation and where trade in leaf
tobacco takes place between them.
Article 45
The administrative checks shall include cross-checks:
(a) on declared tobacco parcels against the database provided for in Article 2
of Regulation (EEC) No 3508/92 to prevent aid being wrongly paid twice
for the same harvest. All declared tobacco parcels must be checked;
(b) to check compliance with Article 2(3) of this Regulation.For the 1999 harvest, these cross-checks may be carried out on a sample.
Article 46
1. On-the-spot checks shall be carried out after risk analysis. Member States
shall carry out unannounced on-the-spot checks to verify:
(a) the information given in the cultivation contracts and in particular the
area, the group of varieties cultivated and the quantities of tobacco instore referred to in Article 16(2).
The area shall be determined by any appropriate means prescribed by the
competent authority and ensuring accuracy of measurement equivalent at
least to that required for official measurements under national rules. Thecompetent authority shall determine a level of tolerance, in the light in!B1998R2848 — EN — 26.06.1999 — 002.001 — 21
particular of the measurement method applied, the precision of the
official documents available and the local situation (for example, theslope or shape of plots).
For each processing undertaking, the checks shall cover at least 5 % of
the individual producers covered by the contracts registered for eachgroup of varieties; the sample to be inspected must be selected by thecompetent authority on the basis, in particular, of a risk analysis and
ensure representative coverage of the different volumes covered by
contracts. Member States may decide that all or part of the sample shallbe checked by remote sensing;
(b) compliance with Articles 40(2) and (3) and 18(3) and (4) of this
Regulation.
Such checks shall each year cover at least 30 % of producer groups in
each Member State. In selecting the sample to be inspected, the
competent authority must ensure, in particular, representative coverage ofthe different sizes of producer group.
2. The risk analysis shall take account of:
— the quantities of raw tobacco covered by contracts in relation to the areas
declared as under tobacco,
— the results of the checks carried out in previous years,
— other factors to be defined by the Member State.
3. Where on-the-spot checks disclose significant irregularities in a
production zone or part of a production zone, the competent authorities shallcarry out additional checks in the current year and increase the percentage ofchecks the following year in that production zone or part of a production
zone.
Article 47
1. The competent control body must check all deliveries. Each delivery
must be authorised by the competent control body, which must be informed inadvance so that it can determine the date of delivery. During a check, the
competent control body must verify that it has authorised the delivery in
advance.
2. If delivery is being made to an approved purchasing centre as provided
for in the second subparagraph of Article 16(1), unprocessed tobacco, once
checked, may leave the purchasing centre solely for the purpose of being
transferred to the processing plant. After the checks have been made, thetobacco must be assembled in distinct quantities. The transfer of these
quantities to the processing plant must be authorised in writing by the
competent control body, which must be informed in advance so that it canaccurately identify the means of transport used, the route, the time ofdeparture and arrival and the quantities of tobacco transported in each
separate instance.
3. When the tobacco reaches the processing plant, the competent control
body shall verify that the separate quantities checked in the purchasing
centres are those actually delivered, in particular by weighing them.
The competent control body shall lay down any special conditions it deems
necessary for checking the operations.
Article 48
1. Checks during first processing and market preparation of the tobacco
shall be carried out after risk analysis. The Member States shall carry out
unannounced checks to verify compliance with Article 7, with the time limitfor payment of the purchase price provided for in Article 9(3)(j) and with the
time limit for payment of the amount provided for in Article 20(3).
2. The checks carried out during first processing and market preparation
must enable verification of the quantities of leaf tobacco in each undertakingbeing checked, either produced in the Community or originating in or coming
from third countries, placed under supervision and ensure that the tobacco
subjected to this supervision is not released therefrom before the first!B1998R2848 — EN — 26.06.1999 — 002.001 — 22
processing and market preparation operations are completed and that no
tobacco is submitted more than once for checking. The checks shall include:
(a) an unannounced check of the processing undertaking’ s stocks;(b) a check when the tobacco leaves the place in which it was under
supervision, having undergone first processing and market preparation;
(c) all additional control measures that Member States deem necessary, in
particular to ensure that no premium is paid for raw tobacco originatingin or coming from third countries.
3. Checks during first processing and market preparation shall cover at least
5 % of first processors; the sample to be inspected must be selected by thecompetent authority on the basis, in particular, of a risk analysis and ensure
representative coverage of the different sizes of undertaking.
4. The risk analysis shall take account of:— the results of the checks carried out in previous years,— change compared with the previous year,
— other factors to be defined by the Member State.
The checks referred to in paragraph 2 must be undertaken in the place where
the leaf tobacco is processed. Within a time limit to be determined by the
Member State, the undertakings involved shall notify their competent bodies,
in writing, of the places where processing will take place. Member States maystipulate, to that end, the information to be provided by the first-processingundertakings to the competent bodies.
CHAPTER II
Penalties
Article 49
The provisions of this chapter shall not apply in cases of force majeure .
Article 50
1. Where individual producers do not grow tobacco, they shall lose all
entitlement to the premium for the current harvest and to a production quotafor the following harvest.
2. If the area actually cultivated falls short of the area declared by more than
10 %, the premium to be paid to the producer in question for the current
harvest and any quota to be allocated to that same producer for the subsequentharvest shall be reduced by double the discrepancy found.
3. Where the penalties referred to in paragraphs l and 2 are applied and the
individual producer is a member of a producer group, the production quotas
entered on the quota statement shall be reduced by the exact quantitiescovered by the penalty relating to the production quota of the producer to be
penalised for the harvest in question, with no possibility of a different
allocation between the members of the producer group.
4. If the checks cannot be carried out for reasons attributable to the
producer, the area shall be considered uncultivated.
The penalties laid down in paragraphs l and 2 shall not apply to producers or
processors who notify the competent bodies in writing of these discrepanciesbefore the checks are undertaken or if farmers can show that theirdetermination of the area of the parcel concerned, excluding service roads
and enclosures, was accurately based on information recognised by the
competent authority.
5. If the competent control body establishes the presence of tobacco not
notified in accordance with Article 16(2), the quantity to be covered by the
quota statement to which the producer is entitled for the following harvestshall be reduced by twice the quantity not declared.!B1998R2848 — EN — 26.06.1999 — 002.001 — 23
Article 51
1. If the producer group has not complied with the rules for granting
premiums as provided for in Annex V , it shall lose its entitlement to receive
any specific aid for the current harvest. Producer groups found to be in breachagain after a second check shall have their recognition withdrawn.
Where clerical errors are found, the specific aid for the current harvest shall
be reduced. Member States shall fix this reduction at between 1 % and 20 %
according to the seriousness of the error. The producer group must rectify the
consequences of any errors found.
2. If the producer group does not comply with the rules referred to in Article
40(2) and (3), the specific aid shall be reduced by 20 % to 50 %, according tothe seriousness of the infringement. Producer groups found to be committing
a further infringement shall have their recognition withdrawn.
If producer members of a producer group are not paid the full amount of the
fixed part and the variable part of the premium within 30 days of the deadline
referred to in Article 18(3), the specific aid shall be reduced by 20 %. Thespecific aid shall be reduced by an additional 20 % for each additional period
of 30 days, up to a maximum of 150 days.
3. Producer group administrators responsible deliberately or by serious
negligence for the withdrawal of recognition in accordance with paragraphs 1and 2 may not administer another producer group or submit an application forrecognition during the year of application of the penalty.
4. Recognition shall be withdrawn in accordance with Article 6.
Article 52
If the unprocessed tobacco has not been delivered to the places provided for in
the second subparagraph of Article 16(1) or the transporter conveying distinct
quantities of tobacco as referred to in Article 47(2) from the purchasing centreto the processing plant does not have authorisation to effect transport, theprocessing undertaking which received the tobacco concerned must pay the
Member State a sum of money equal to the premiums for the quantity of
tobacco in question. This amount shall be booked to the EuropeanAgricultural Guidance and Guarantee Fund (EAGGF).
Article 53
1. If the time limit for payment of the purchase price provided for in Article
9(3)(j) and the time limit for payment of the amount provided for in Article
20(3) are exceeded by 30 days, the first processor’ s approval shall bewithdrawn for one year. Approval shall be withdrawn for a further year up to amaximum of three years for every additional period of 30 days.
2. Following a period of withdrawal, first processors must submit a new
application for approval.
3. First processors’ administrators responsible deliberately or by serious
negligence for withdrawal of approval may not administer another approvedfirst processor or submit an application for approval during the first year inwhich the penalty is applied.
TITLE VIII
Notifications to the Commission
Article 54
Each Member State concerned shall immediately notify the Commission of:
(a) application of the second subparagraph of Article 3(1)(f);(b) refusal or withdrawal of recognition of a producer group, giving its
reasons for refusing or withdrawing recognition;
(c) the names and addresses of the bodies responsible for the registration of
cultivation contracts and of the first-processing undertakings approved by
each Member State. The Commission shall publish a list of those bodies
and approved first-processing undertakings in the ‘C’ series of theOfficial Journal of the European Communities ;!B1998R2848 — EN — 26.06.1999 — 002.001 — 24
(d) application of Article 12(1);
(e) application of Article 20(1);
(f) the decisions it intends to take under Article 27(4);(g) the measures taken under Article 28(1);(h) the rules for making up the national reserve and the objective criteria for
distributing the national reserve adopted under Article 29(2) and (3);
(i) the quantities permanently transferred by group of varieties under Article
33;
(j) the quantities which have been the subject of a quota buy-back
application and the quantities bought back by group of varieties underArticle 35;
(k) the national measures taken to apply this Regulation;(l) other information needed by the Commission for proper administration of
the arrangements;
m) the objective criteria laid down by the Member State for the purpose of
allocating guarantee threshold quantities transferred to another group of
varieties in accordance with Article 22(4).
The computer database established under the integrated administration and
control system shall be used for notifying the information specified in this
Article.
TITLE IX
Transitional and final provisions
Article 55
1. For the 1999 harvest, by derogation from the second indent of Article
3(1)(f), producers who are members of more than one producer group maynotify a group in writing of their withdrawal from membership up to 31
January 1999.
2. For the 1999 harvest, by derogation from Article 22(3), the Member
States shall issue the quota statements to individual producers who are notmembers of a group and to producer groups by 15 April at the latest.
3. For the 1999 harvest, by derogation from Article 10(1), the cultivation
contracts must be concluded, except in cases of force majeure, by 30 June at
the latest.
Article 56
Regulations (EEC) No 3478/92, (EEC) No 84/93 and (EC) No 1066/95 are
hereby repealed with effect from the date of entry into application of thisRegulation.
Article 57
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply with effect from the 1999 harvest.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
!M1
!B
!M3
!B1998R2848 — EN — 26.06.1999 — 002.001 — 25
ANNEX I
PERCENTAGES OF THE GUARANTEE THRESHOLD PER MEMBER STATE OR SPECIFIC REGIONS FOR THE
RECOGNITION OF PRODUCER GROUPS
Member State of specific region of establishment of the producer group Percentage
Germany, Spain (except Castile-Leon, Navarre and the Campezo zone in the BasqueCountry), France (except Nord-Pas-de-Calais and Picardy), Italy, Portugal (except theAutonomous Region of the Azores), Belgium, Austria2%
Greece (except Epirus), Autonomous Region of the Azores (Portugal), Nord-Pas-de-Calais
and Picardy (France)1%
Castile-Leon (Spain), Navarre (Spain), Campezo zone in the Basque Country (Spain),
Epirus (Greece) 0,4 %!
B1998R2848 — EN — 26.06.1999 — 002.001 — 26
ANNEX II
RECOGNISED PRODUCTION AREAS
Group of varieties in accordance with
the Annex to Regulation (EEC) No
2075/92Member State Production areas
I. Flue-cured Germany Schleswig-Holstein, Lower Saxony, Bavaria, Rheinland-Pfalz, Baden-
Württemberg, Hessen, Saarland, Brandenburg, Mecklenburg-Pomerania,Saxony, Saxony-Anhalt, Thuringia
Greece Thrace, Eastern Macedonia, Central Macedonia, Western Macedonia,
Thessaly, Epirus, Eastern Central Greece, Western Central Greece,
Peloponnese
France Aquitaine, Midi-Pyrénées, Auvergne-Limousin, Champagne-Ardenne,
Alsace-Lorraine, Rhône-Alpes, Franche-Comté, Provence-Alpes-Côted’Azur, Loire Region, Centre, Poitou-Charente, Brittany, Languedoc-Roussillon, Normandy, Burgundy, Nord-Pas-de-Calais, Picardy, Île-de-
France
Italy Friuli, Veneto, Lombardy, Piedmont, Tuscany, Marche, Umbria, Lazio,
Abruzzi, Molise, Campania, Basilicata, Apulia, Calabria
Spain Extremadura, Andalusia, Castile-Leon, Castile-La Mancha
Portugal Beira Interior, Ribatejo Oeste, Alentejo, Autonomous Region of the
Azores
Austria Burgenland, Lower Austria, Upper Austria, Styria
II. Light air-cured Belgium Flanders, Hainaut, Namur, Luxembourg
Germany Bavaria, Rheinland-Pfalz, Baden-Württemberg, Hessen, Saarland, Bran-
denburg, Mecklenburg-Pomerania, Saxony, Saxony-Anhalt, Thuringia
Greece Eastern Macedonia, Central Macedonia, Western Macedonia, ThessalyFrance Aquitaine, Midi-Pyrénées, Auvergne-Limousin, Alsace-Lorraine, Rhône-
Alpes, Provence-Alpes-Côte d’Azur, Franche-Comté, Loire Region,
Centre, Poitou-Charente, Brittany, Burgundy, Languedoc-Roussillon,Champagne-Ardenne, Picardy, Nord-Pas-de-Calais, Normandy, Réunionand 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,
Autonomous Region of the Azores
Austria Burgenland, Lower Austria, Upper Austria, Styria
III. Dark air-cured Belgium Flanders, Hainaut, Namur, Luxembourg
Germany Rheinland-Pfalz, Baden-Württemberg, Hessen, Saarland, Bavaria, Bran-
denburg, Mecklenburg-Pomerania, Saxony, Saxony-Anhalt, Thuringia
France Aquitaine, Midi-Pyrénées, Languedoc-Roussillon, Auvergne-Limousin,
Poitou-Charente, Brittany, Loire Region, Centre, Rhône-Alpes, Provence-
Alpes-Côte d’Azur, Franche-Comté, Alsace-Lorraine, Champagne-Ard-enne, 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
(Autonomous Community), Navarre, Rioja, Catalonia, Madrid, Galicia,Asturias, Cantabria, area of Compezo in the Basque Country, La Palma(Canary Islands)
Austria Burgenland, Lower Austria, Upper Austria, Styria
IV . Fire-cured Italy Veneto, Tuscany, Umbria, Lazio, Campania, Marche
Spain Extremadura, Andalusia!
M31998R2848 — EN — 26.06.1999 — 002.001 — 27
Group of varieties in accordance with
the Annex to Regulation (EEC) No
2075/92Member State Production areas
V . Sun-cured Greece Western Macedonia, Thessaly, Epirus, Eastern Central Greece, Western
Central Greece, Peloponnese, Thrace and islands
Italy Lazio, Abruzzi, Molise, Campania, Basilicata, Apulia, Sicily
VI. Basmas Greece Thrace, Eastern Macedonia, Central Macedonia, Western Macedonia,
Thessaly, Western Central Greece
VII. Katerini and similar varieties Greece Eastern Macedonia, Central Macedonia, Western Macedonia, Thessaly,
Epirus, Eastern Central Greece, Western Central Greece
VIII. Kaba Koulak classic, Elasso-
na, Myrodata de Agrinion,ZichnomyrodataGreece Eastern Macedonia, Central Macedonia, Western Macedonia, Thessaly,
Epirus, Eastern Central Greece, Western Central Greece, Peloponneseand islands, Thrace!
M31998R2848 — EN — 26.06.1999 — 002.001 — 28
ANNEX III
Minimum quality requirements
Tobacco eligible for the premium referred to in Article 3 of Regulation (EEC) No 2075/
92 must be of sound and fair merchantable quality having regard to the typicalcharacteristics of the variety concerned and must not contain any of the following:
(a) pieces of leaf;
(b) leaf badly worn by hail;
(c) leaf with serious damage on more than one third of the surface;(d) leaf diseased or attacked by insects on more than 25 % of the surface;
(e) leaves marked by pesticides;
(f) leaf which is unripe or distinctly green in colour;(g) leaf damaged by frost;
(h) leaf attacked by mould or rot;
(i) leaf with uncured veins, moist or attacked by rot or with pulpy or prominent stems;(j) leaf from suckers or side-shoots;
(k) leaf having an unusual odour for the variety in question;
(l) leaf with soil still adhering;(m) leaf with a moisture content exceeding by more than four points the moisture
content laid down in Annex IV .!
B1998R2848 — EN — 26.06.1999 — 002.001 — 29
ANNEX IV
MOISTURE CONTENT REFERRED TO IN ARTICLE 15
Group of varieties Moisture content (%)
I. Flue-cured 16
II. Light air-cured
Germany, France, Belgium, Austria, Portugal — Autonomous Region of the Azores 22
Other Member States and other recognised production areas in Portugal 20
III. Dark air-cured
Belgium, Germany, France, Austria 26Other Member States 22
IV . Fire-cured 22
V . Sun-cured 16
VI. Basmas 16
VII. Katerini 16
VIII. Kaba Koulak classic, Elassona, Myrodata Agrinion, Zichnomyrodata 16!
B1998R2848 — EN — 26.06.1999 — 002.001 — 30
ANNEX V
A. Rules for breakdown of the premium
1. The premium comprises:
— specific aid = 2 % of the premium,
— variable part of the premium = percentage of the premium adjusted
by group of varieties and Member State as shown at section B and
in accordance with Article 15(1),
— fixed part of the premium = difference between the premium after
deduction of the amount withheld for financing the Fund and the
sum of the specific aid and the variable part of the premium.
2. The additional amount laid down in Article 3(2) of Regulation (EEC)
2075/92 is added to the fixed part of the premium.
B. Relation between the variable part and the premium
1999
I
(Flue-
cured)II
(Light
air-cured)III
(Dark
air-cured)IV
(Fire-
cured)V
(Sun-
cured)Other
VI
BasmasVII
KateriniVIII
K. Koulak
Italy 20 % 20 % 20 % 20 % 25 % 15 %
Greece 20 % 20 % 25 % 15 % 15 % 15 %
Spain 20 % 20 % 20 % 20 %Portugal 20 % 20 %France 20 % 20 % 20 %Germany 20 % 20 % 20 %Belgium 20 % 20 %Austria 20 % 20 % 20 %
2000
I
(Flue-
cured)II
(Light
air-cured)III
(Dark
air-cured)IV
(Fire-
cured)V
(Sun-
cured)Other
VI
BasmasVII
KateriniVIII
K. Koulak
Italy 25 % 25 % 25 % 25 % 35 % 20 %
Greece 25 % 25 % 35 % 20 % 20 % 20 %
Spain 25 % 25 % 25 % 25 %
Portugal 25 % 25 %France 25 % 25 % 25 %Germany 25 % 25 % 25 %Belgium 25 % 25 %Austria 25 % 25 % 25 %!
B
!M21998R2848 — EN — 26.06.1999 — 002.001 — 31
2001 and subsequent harvests
I
(Flue-
cured)II
(Light
air-cured)III
(Dark
air-cured)IV
(Fire-
cured)V
(Sun-
cured)Other
VI
BasmasVII
KateriniVIII
K. Koulak
Italy 35 % 35 % 40 % 32 % 45 % 30 %
Greece 35 % 35 % 45 % 30 % 30 % 30 %Spain 35 % 35 % 40 % 32 %Portugal 35 % 35 %France 35 % 35 % 40 %Germany 35 % 35 % 40 %Belgium 35 % 40 %
Austria 35 % 35 % 40 %
C. Variable part of the premium
The variable part of the premium is equal to:
A=summa QL /C2PP ðÞ ½/C138 /C2 QL /C2PP ðÞ .
Where A is the total amount of the variable premium available to a producer
group for a group of varieties, QL is the quantity delivered by batch and PP isthe purchase price for each batch of the producer group member for the groupconcerned.
For each group of varieties, the producer group must divide the total available
amount of the variable premium for the group of varieties concerned by the sum
of the quantities delivered by batch, multiplied by the purchase price for eachlot. The result of this division must be multiplied by the product of the quantityof each batch multiplied by its purchase price. A variable premium equal to zeroshould be attributed to batches sold for a price between the minimum price andthe minimum price plus 40 % for each group of varieties grown by the producer
group.
However, for the 1999 harvest each Member State may, before 30 July, set a rate
of more than 40 % to add to the minimum price.!
M2
!B
!M41998R2848 — EN — 26.06.1999 — 002.001 — 32
ANNEX VI
COMMUNITY METHODS FOR THE DETERMINATION OF THE MOISTURE
CONTENT OF RA W TOBACCO
I. METHODS TO BE USED
A.Beaudesson method
1. Apparatus
B e a u d e s s o nE M 1 0d r y i n go v e n
A warm air electric dryer in which the air is passed over the sample to
be dried by forced convection by means of a special ventilation fan. Themoisture content is determined by weighing before and after drying, thebalance being calibrated in such a way that the reading given by the 10 gquantity used corresponds directly to the moisture content value in %.
2. Procedure
A 10 g quantity is weighted out in a pan with a perforated base and then
put into the drying column, where it is supported by a spiral ring. Theoven is turned on for five minutes, during which time the warm aircauses the sample to dry at a temperature of about 100 °C. At the end offive minutes, an automatic timer stops the process. The temperature ofthe air at the end of the drying process is recorded from a built-inthermometer. The sample is weighed and its moisture content is read
directly and corrected if necessary by the addition or subtraction of 10
of a % according to the temperature reading, using the scale providedwith the apparatus.
B.Brabender method
1. Apparatus
Brabender oven
An electric dryer consisting of a thermostated cylindrical chamber,
ventilated by forced convection, into which are simultaneously placed10 metal pans, each containing 10 g of tobacco. These pans are put ontoa table, which can be rotated by means of a central handwheel into 10different positions, allowing each of the pans, after drying, to be placed
in a position where it can be weighed within the apparatus: a system of
levers allows each of the pans in turn to be placed on the arm of a built-in balance, without having to remove the samples from the chamber.The balance has an optical read-out scale, and gives a direct reading forthe moisture content. A second balance is attached to the apparatus,being used only to weigh out the initial quantities.
2. Procedure
The thermostat is set at 110 °C.
The chamber is set to preheat: minimum period 15 minutes.10 quantities of 10 g are weighed out.
The oven is filled.
The samples are dried for 50 minutes.Weights for determination of the gross moisture content are read.
C.Other methods
Member States may use other methods of measurement, based in particular on
the determination of the electrical resistance or dielectric properties of the batch
concerned, on condition that the results are calibrated on the basis of anexamination of a representative sample using one of the methods referred to inA and B.!
B1998R2848 — EN — 26.06.1999 — 002.001 — 33
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 methods referred to inI.A and B:
1. Selection of samples
Select from each bale a number of leaves proportional to its weight. The
number of leaves selected should be sufficient to be properly representative
of the bale as a whole.
The sample must include equal quantities of leaf from the outside of the
bale, leaf from the centre and leaf from a position intermediate to these.
2. Homogenisation
All the leaves selected are mixed together in a plastic bag and several
kilograms of them are chopped up (cutting width 0,4 to 2 mm).
3. Sub-sampling
After chopping, mix the chopped leaves thoroughly and withdraw a
representative sample.
4. Measurement
Measurement must be carried out on the whole of this reduced sample and
precautions should be taken to ensure that:
— no variations in moisture content occur (air- and water-tight bag or
container),
— the homogeneity of the sample is not affected by settling of waste.
III. SAMPLING LEVELS AND FREQUENCY AND THE METHOD FOR
CALCULATING THE ADJUSTED WEIGHT
— the number of samples to be taken to determine the moisture content of the
raw tobacco must be equal to at least three per producer per delivery foreach group of varieties. Producers and first processors may request on
delivery for the number of samples taken to be increased,
— the weight of the tobacco delivered per group of varieties in the course of
the same day is to be adjusted according to the average moisture content
measured. If the average moisture content is less than one point higher or
lower than the reference moisture content, the weight of the tobaccoeligible for the premium is not to be adjusted,
— the adjusted weight is: the total net weight of the tobacco delivered per
group of varieties in the course of the same day x (100 - average moisture
content)/(100 - reference moisture content for the variety in question). Theaverage moisture content must be a whole number given by rounding downfor decimals between 0,01 and 0,49 and rounding up for decimals between0,50 and 0,99.!
B1998R2848 — EN — 26.06.1999 — 002.001 — 34