2002R2182 — EN — 19.03.2004 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2182/2002
of6December 2002
laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with
regardtotheCommunityTobaccoFund
(OJ L 331, 7.12.2002, p. 16)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 480/2004 of 15 March 2004 L 78 8 16.3.2004
▼B
COMMISSIONREGULATION(EC)No2182/2002
of6December 2002
laying down detailed rules for the application of Council Regula-
tion (EEC) No 2075/92 with regard to the Community Tobacco
Fund
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 546/2002 (2), and in particular
Article 14a thereof,
Whereas:
(1)Regulation (EC) No 546/2002 amended Article 13 of Regulation
(EEC) No 2075/92, with regard to the establishment of aCommunity Tobacco Fund. The amendmentsconcern the areasof activity of the Fund. Asa res ult, detailed rulesfor the appli-cation of that provision should be adopted.
(2)Assistance should be provided for measures to discouragesmoking, and in particular for improving public awareness ofthe dangers of tobacco consumption, and funding should beprovided for specific measures to encourage tobacco producers
to switch production, in collaboration with the quota buy-back
programme, and for studies into the possibilities for encouragingproducers to switch to other crops or activities.
(3)The funding should be divided appropriately between the two
main objectivesof the Fund, which are providing information
and encouraging producersto s witch production. However, ifthe funds earmarked for one of these objectives are not used upin full, the distribution of the initial allocation between theobjectives should be adjusted.
(4)The Tobacco Fund isfinanced by a deduction from thepremiumsgranted to tobacco producersand it istherefore jus ti-fied to propose that all public assistance for measures financedunder the Fund be provided from the Community own resources
in the Fund.
(5)For the information programmes, the various proposals presented
under the procedures adopted should be assessed in accordance
with criteria that will ensure the best possible choice. Provision
should be made also for projects to be carried out on the initia-tive and on behalf of the Commission. To that end, a call forproposals or, as appropriate, a public invitation to tender seemthe most appropriate course.
(6)Eligibility criteria should be laid down for natural or legalpersons who may present proposals under the informationprogrammes.
(7)In the interests of sound administration of the informationprogrammes, the projects approved by the Commission shouldbe carried out within a specified period. The time limit originallyenvisaged may prove difficult to meet in exceptional cases.Provision should be made, therefore, for the time limit to be
extended under certain conditions.
(8)In order to make the best possible choice of projects financed
within the context of the information programmesand ens ure
the proper implementation of the approved projects, provision
should be made for the Commission to be assisted in the selec-tion of the projectsby a s cientific and technical committee. The2002R2182 — EN — 19.03.2004 — 001.001 — 2
(1) OJ L 215, 30.7.1992, p. 70.
(2) OJ L 84, 28.3.2002, p. 4.
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Commission should have access to the services of independent
experts in assessing the projects.
(9)In order to guarantee the proper implementation of each projectfinanced within the context of the information programmes, it isnecessary for details of the conditions of implementation to beincluded in the contracts concluded with the Commission. Wherean application ismade for an advance, contractorsmus t lodge asecurity in favour of the Commission on the conditions laid
down in Title III of Commission Regulation (EEC) No 2220/85
of 22 July 1985 laying down common detailed rulesfor theapplication of the system of securities for agriculturalproducts(
1), aslas t amended by Regulation (EC) No 1932/
1999 (2).
(10)Regarding the information programmes, provision should bemade to prevent the unjustified cumulation of measures for thesame project, and for payments to be recovered in certain cases,particularly in the event of irregularities.
(11)As regards the specific measures to promote a switch of produc-tion, individual measures should be laid down to promote a
switch of production, as well as general interest measures and
studies into the possibilities for tobacco producers to switchproduction, that are eligible for financing by the Fund. The bene-ficiaries of each type of measure should also be defined.
(12)To ensure that the measures to support the switch of production
are sufficiently effective, the intensity of the aid to be granted
for each measure and the total amount of assistance per producershould be determined for all the measures. The intensity of theaid for each measure should be set at a sufficiently attractivelevel to encourage producersto take up the opportunity to s witchproduction, given the major changesthat thisentailsto how
production isorganis ed on their holding.
(13)The Fund must guarantee assistance for producers to switch
production across the whole Community and must operate incollaboration with the quota buy-back programme. To thisend,the distribution of financing under the Fund should be deter-
mined for each tobacco-producing Member State. In order to
respond to the actual rate of withdrawal from tobacco productionin each Member State, provision should also be made for asecond distribution of the financing, based on applications forassistance received.
(14)To guarantee that the assistance granted to promote the switch of
production by tobacco producersisimplemented in the proper
framework, a programme must be drawn up by each producerMember State. The content of these programmes should there-fore be determined, together with the obligation on MemberStates to inform the Commission of the monitoring they have
carried out on the progress made by the programmes each year.
(15)Any risk of a funding overlap for the same project from the
Tobacco Fund and other assistance schemes must be avoided.Moreover, all decisions by tobacco producers to withdraw fromtobacco production should be facilitated. The conditions shouldbe determined in which an application for assistance from the
Tobacco Fund can be accepted, and provision made for the
possibility of having the project financed by another schemewhere no further funding isavailable under the Tobacco Fund.The type of controlsto be carried out and the penaltiesto applyshould also be determined.
(16)To give Member Statess ufficient time to draw up financingplans for production-switching measures for 2003, that year'sdeadline for notifying the Commission of these plans — and,2002R2182 — EN — 19.03.2004 — 001.001 — 3
(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 240, 10.9.1999, p. 11.
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consequently, the deadline for the definitive distribution of the
resources among the Member States — should be deferred.
(17)Commission Regulation (EC) No 1648/2000 of 25 July 2000laying down detailed rulesfor the application of Council Regula-tion (EEC) No 2075/92 with regard to the Community TobaccoFund (
1) should therefore be repealed and replaced. However, the
provision of that Regulation must continue to apply to projects
approved before the entry into force of thisRegulation.
(18)The measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERALPROVISIONS
Article 1
ThisRegulation laysdown the conditionsfor financing by the Commu-
nity Tobacco Fund, hereinafter called ‘the Fund’, of the measures in
the two areasreferred to in Article 13(2) of Regulation (EEC) No
2075/92 in the form of information programmesand meas urestopromote a switch of production.
Article 2
Expenditure by the Fund in each of the two categoriesof meas ures
referred to in Article 1 may amount to a maximum 50 % of the totalamount of the Fund.
However, where the amount available for one of these categories is not
used up in full, the Commission shall reallocate the remaining amountto the other, provided that, in the latter area, there are eligible projectsstill in need of funding.
CHAPTER II
INFORMATIONPROGRAMMES
Article 3
1. The aim of the information programmesfinanced by the Fund
shall be to improve public awareness of the dangers of all forms oftobacco consumption.
2. The programmes shall consist of projects involving information
and education, data collection and studies. The projects concerned shall
focusin particular on:
(a) raising public awareness of the harmful effects of tobacco
consumption, including passive smoking;
(b) improving the relevance and effectiveness of the messages put
across about the harmful effects of tobacco consumption, and the
methods of communication used (language and images);
(c) preventing and stopping smoking;
(d) disseminating the results to the national authorities and the relevant
sectors, in the areas referred to in (a), (b) and (c).
Article 4
1. The Commission, with the assistance of a scientific and technical
committee, shall be responsible for the management of the Fund asregardsthe information programmes .2002R2182 — EN — 19.03.2004 — 001.001 — 4
(1) OJ L 189, 27.7.2000, p. 9.
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2. The scientific and technical committee shall be made up of nine
members appointed by the Commission. The Committee shall bechaired by the Commission. The Commission shall ensure that
membersof the Committee are independent asregardsthe projects
submitted to them.
Article 5
Projects shall be the subject, as appropriate, of a call for proposals or a
public invitation to tender, in accordance with the relevant provisions,
published in the C series of the Official Journal of the European
Communities , within the period set in the notice.
Article 6
1. Proposals for projects may be submitted by any natural or legal
persons established in the Community who:
(a) possess recognised competence and at least five years' professional
experience in the field in question;
(b) undertake to contribute from their own resources at least 25 % of
the total financing of the project. However, projectscarried out on
the initiative and on behalf of the Commission shall be financed by
the Fund at a rate of up to 100 % of the total cost;
(c) undertake to carry out the proposed programme within the time
limit laid down;
(d) agree to provide regular reportson the progres sof the work;
(e) agree to make their accountsand other s upporting documentson
expenditure available for verification by the Commission;
(f) agree to the conditionslaid down in Articles9, 10 and 11.
2. Projects may be carried out on an annual basis, and may be
renewed, but may not however exceed five yearsfrom the date onwhich the contract iss igned.
However, the time limit for implementation may be extended if the
interested party requests the Commission to extend it and provides
proof that, because of exceptional circumstances beyond that party'scontrol, it isnot able to comply with the time limit initially laid down.
Article 7
1. Projects submitted in response to a call for proposals shall be
assessed by a group of independent experts selected by the Commis-sion. The following factors must be taken into account in theassessment:
(a) the work must be done on a collaborative basis by natural or legal
persons established in several Member States;
(b) the projectsmus t pay particular attention to the cultural and
linguistic characteristics of the Member States, notably in the caseof information campaignsdirected at the public at large, and togroupsat ris k;
(c) the projects must show that they have a methodology and firm
scientific backing. They must be innovative and take account ofwork that hasbeen carried out already and of experience gainedunder past or present national or Community programmes, so as
to avoid any likelihood of duplication in the allocation of Commu-
nity funding;
(d) the projectsmus t, asappropriate, contribute objectively and effec-
tively to improving public awareness of the harmful effects onhealth of using tobacco, to collecting and analysing relevant epide-miological data or to ensuring the rapid implementation of practicalpreventive measures;
(e) contractors must ensure that the results of their projects are disse-
minated in recognised scientific journals and/or presented atinternational conferences;2002R2182 — EN — 19.03.2004 — 001.001 — 5
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(f) priority will be given to projectscovering the whole of the territory
of the Community and submitted by public health organisationswhich are recognised and/or are expressly supported by national
or regional health authorities.
2. On the basis of the assessment, the Commission shall submit a
list of the projects shortlisted for financing to the scientific and tech-nical committee referred to in Article 4. The committee shall deliveran opinion on the list.
3. Aspart of the public tendering procedure, projectsto be carried
out at the initiative and on behalf of the Commission, and shortlisted
for financing, shall also be submitted by the Commission to the scien-tific and technical committee referred to in Article 4. The committeeshall deliver an opinion on those projects.
4. Pursuant to Article 5(4) of Decision No 646/96/EC of the
European Parliament and of the Council (
1), the Commission shall
inform the Committee referred to in Article 5 of that Decision whichprojects have been shortlisted for financing, and shall provide it withthe opinion of the scientific and technical committee referred to inArticle 4 of thisRegulation.
Article 8
1. On the basis of the opinions referred to in Article 7(2) and (3),
the Commission shall select the projects and decide on their financing
by the Fund. It may decide not to proceed with any of the projects.
2. Projects accepted for financing by the Fund shall be the subject of
a contract concluded by the Commission. A list of the projects financedshall be published in the Official Journal of the European Commu-
nities.
3. The Commission shall monitor the implementation of projects
accepted for financing by the Fund. It shall inform the ManagementCommittee for Tobacco regularly of the contractsconcluded and theprogress of work.
Article 9
1. Contracts shall be based on the appropriate standard contract
drawn up by the Commission and shall reflect, where necessary, the
various activities concerned. They shall specify in particular:
(a) the possibility of the payment of an advance by the Fund, within
two monthsof the contract being s igned;
(b) the nature of the project deliverablesrequired in order to obtain
subsequent payments, which shall be made in staggered instalments
reflecting the progress of the work and on the basis of invoices andappropriate supporting documents;
(c) the deadline for submitting applications for payment of the balance
following completion of the measures provided for in the contract,
together with the nature of the accompanying deliverables, whichshall include at least a summary of work carried out, appropriatesupporting documents and an evaluation of the results obtainedand how those results can be used;
(d) a maximum period for paymentsfrom the Fund of 60 daysfrom
the date of approval by the Commission of the project deliverables,which may be suspended by the Commission in order to carry outadditional verifications.
2. The payment of an advance by the Fund shall be subject to the
lodging by the contractor, in favour of the Commission, of a securityof an amount equivalent to 110 % of the advance, lodged in accor-dance with the conditionslaid down in Title III of Regulation (EEC)No 2220/85. However, public institutions may be exempt from thisrequirement.2002R2182 — EN — 19.03.2004 — 001.001 — 6
(1) OJ L 95, 16.4.1996, p. 9.
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3. The security shall be released subject to payment of the balance
of the contribution for the measures concerned.
4. Where the advance exceeds the amount due, the security shall be
partially forfeit for an amount equal to the amount wrongly paid.
Article 10
Projectsaccepted for financing by the Fund may not receive Commu-
nity financing from other sources.
Article 11
1. Where financing hasbeen unduly paid for a project, the Commis -
sion shall recover the amounts paid to the beneficiaries, plus interest to
be counted from the date of payment to the date of recovery.
The interest rate to be used shall be that charged by the European
Central Bank on itseuro operationsaspublis hed in the Official Journal
of the European Communities on the first working day of each month.
2. The amounts recovered, together with the interest, shall be paid to
the Commission and deducted from expenditure in the tobacco sectorfinanced by the European Agricultural Guidance and Guarantee Fund.
CHAPTER III
MEASURESTOPROMOTE ASWITCHOFPRODUCTION
Article 12
The measures to promote a switch of production financed by the Fund
shall consist of specific individual measures and general interest
measures to encourage raw tobacco producers to switch production to
other cropsor economic activitiesthat generate employment, and tosupport studies into the possibilities for raw tobacco producers ofswitching to other crops or activities.
Article 13
Individual measures to encourage tobacco producers to switch produc-
tion shall comprise:
(a) switching to other crops and improving the quality of agricultural
productsother than tobacco, aswell asproviding incentivestoholdings to diversify their activities;
(b) training for producersrequired for a s witch to agricultural products
other than tobacco;
(c) establishing the infrastructure for marketing quality products other
than tobacco, aswell ass ervicesfor the rural economy and rural
people and diversifying agricultural or semi-agricultural activitieswith a view to creating a range of activitiesthat generate alterna-tive employment and income, and in particular promoting tourismand handicraftsactivities .
Article 14
General interest measures and studies into the possibilities for tobacco
producers to switch production shall comprise:
(a) studies intended to expand the opportunities for producers of
tobacco to switch production to other crops or activities;
(b) guidance and advisory services for producers who decide to with-
draw from tobacco production;
(c) conducting innovative experiments for demonstration purposes.
These measures may be accompanied by measures to disseminate and
promote the results.2002R2182 — EN — 19.03.2004 — 001.001 — 7
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Article 15
1. The beneficiaries of the measures referred to in Article 13 shall
be tobacco producerswho have been participating in the buy-back
programme provided for in Article 14(1) of Regulation (EC) No 2075/92 since the 2002 harvest and whose quota irrevocably bought back isa quantity equal to or greater than 500 kg.
Beneficiaries may apply for assistance from the Fund only in the first
year in which they no longer have a quota allocated to them.
2. The beneficiaries of the measures listed in Article 14 shall be:
(a) public authoritiesin the production areas ;
(b) public research bodies specialising in agronomy and/or rural
economy and designated by the Member States.
Article 16
1. The maximum total value of Community assistance that can be
granted under thisChapter s hall be equal to:
— 75 % of the eligible expenditure, for the measures referred to in
Article 13(a) and (c);
— 100 % of the eligible expenditure, for the measures referred to in
Article 13(b) and Article 14.
2. The total amount of Community assistance per producer for all of
the measures referred to in Article 13 shall be as follows:
(a) three timesthe amount of the annual premium — for quantitiesof
raw tobacco covered by the quota up to and including 10 tonnesforwhich the producer hasbeen paid under the buy-back programme;
(b) twice the amount of the annual premium — for quantitiesof raw
tobacco covered by the quota between 10 and 40 tonnesfor whichthe producer hasbeen paid under the buy-back programme;
(c) the amount of the annual premium — for quantitiesof raw tobacco
covered by the quota above 40 tonnesfor which the producer hasbeen paid under the buy-back programme.
3. The total amount of Community assistance per producer for all of
the measures referred to in Article 13 may not exceed EUR 300 000.However, for measures not involving the production, marketing orprocessing of products referred to in Annex I of the Treaty, the totalamount of Community assistance per producer may not exceed
EUR 100 000.
Article 17
1. The Community contribution shall comprise all of the public
contribution for the measures referred to in Articles 13 and 14.
2. Every year before 15 February, in accordance with the procedure
laid down in Article 23 of Regulation (EEC) No 2075/92, the Commis-sion shall draw up an indicative allocation between the Member Statesof the financing under the Fund to the measures referred to in Articles13 and 14 of thisRegulation, bas ed on the following criteria:
— 90 % based on the quantities irrevocably bought back under the
quotas;
— 10 % based on the national guarantee threshold.
The Commission shall review the percentage allocations provided for
in the first subparagraph in the light of experience.
3. Before 31 March every year, the Member Statess hall draw up
and notify to the Commission their projected financing plans for the
measures for which assistance has been applied.
4. Where it is established, on the basis of the information referred to
in paragraph 3, that part of the funding allocated to one or moreMember Stateswill not be committed due to a lack of applicationsforassistance, the Commission shall draw up, before 31 May every year, a2002R2182 — EN — 19.03.2004 — 001.001 — 8
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definitive allocation of thisfunding among Member Statesthat have
received applications for assistance for a total amount greater than theirbudget asdetermined in accordance with paragraph 2. Thisdefinitive
allocation shall be in proportion to the indicative allocation laid down
in paragraph 2 above.
Article 18
1. The Member States shall set up the programmes connected with
the measures referred to in Articles 13 and 14.
The programmess hall include:
(a) a quantified description of the current situation in the tobacco
sector, of the guidelines for measures to promote a switch ofproduction and the holdingsinvolved, and of the s ocio-economicsituation in the production areas, in particular as regards employ-ment and development potential;
(b) a description of the proposed strategy, its quantified objectives and
the priorities selected for the switch of production from tobacco;
(c) an analysis of the expected impact in economic, environmental and
social terms, in particular as regards employment;
(d) a general indicative financial table;
(e) a description of the national provisions taken to implement the
programmes, and in particular the arrangements for controls;
(f) the definition of the selection criteria for projects for which an
application for assistance has been made.
2. The Member States shall adopt the necessary national provisions
to implement the programmesreferred to in paragraph 1, including the
procedure for approving projects, and shall designate the nationalauthorities responsible for implementation.
3. Every year before 31 March the Member States shall send the
Commission a comprehensive report on the progress made by theprogrammesduring the period between 1 January and 31 December inthe previousyear.
Article 19
1. Applicants for assistance under Article 13 and 14 must sign an
undertaking not to apply for funding for the same project under anotherassistance scheme. However, they shall be relieved of this undertakingif the application for financing for their project under the Fund isrejected definitively.
2. Failure to comply with the undertaking prescribed in paragraph 1
shall entail:
— the loss of rights regarding the quota buy-back programme provided
for in Article 14 of Regulation (EEC) No 2075/92; and
— loss of eligibility for assistance for the measures referred to in Arti-
cles13 and 14 of thisRegulation.
Article 20
1. The Member States, in accordance with common rules to be laid
down by the Commission, shall set up a computerised file including all
the information on the projectsfinanced under thisChapter. Thisdatashall be made available to the Commission.
2. The Member States shall ensure that the information collected in
accordance with paragraph 1 ismade available to the authoritiesresponsible for implementing the other Community or national struc-tural assistance programmes.
3. The Member States shall take the necessary steps to effectively
check that the provisions of this Chapter have been observed, in parti-cular by carrying out administrative controls and on-site inspections.These measures shall ensure in particular that the projects financed2002R2182 — EN — 19.03.2004 — 001.001 — 9
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under this Chapter have not received assistance under another assis-
tance scheme.
4. The controlsreferred to in paragraph 3 s hall cover all the projects
financed by the Fund.
Article 21
The Member States shall notify the Commission without delay of the
measures they adopt under Articles 18, 19 and 20.
Article 22
1. The projectss hall be carried out within two yearsof the date on
which the Member State notifiesthe beneficiary that the project has
been approved.
2. The aid shall be paid once checks have been made that the
project in question has been carried out and no later than three yearsfollowing the date on which the Member State notifiesthe beneficiarythat the project hasbeen approved.
3. Notwithstanding paragraph 2, the Member State may provide for
aid to be paid in advance, on condition that:
(a) project implementation hasbegun;
(b) the beneficiary haslodged a s ecurity equal to 120 % of the
advance. However, public bodiesmay be exempted from thisrequirement.
For the purposes of Regulation (EEC) No 2220/85, the obligation
shall in this case be to ensure that the project is implemented
within the period specified in paragraph 1 above.
Article 23
At the latest in the last declaration of expenditure for that year, the
Member States shall notify the Commission of all expenditure actually
incurred during the current financial year related to the measures to
promote a switch of production, as specified in Article 3 of Commis-sion Regulation (EC) No 296/96 (
1).
Article 24
For each Member State, the amountsof expenditure actually incurred
notified to the Commission in the declarations for a given year shall
be financed in accordance with Article 23, provided the total of theseamountsdoesnot exceed the amount allocated to the Member Stateunder Article 17.
Article 25
The Member States shall store the information recorded in accordance
with thisChapter for at leas t ten yearsafter the year in which it isrecorded.
CHAPTER IV
TRANSITIONALANDFINALPROVISIONS
Article 26
By derogation from Article 17(3), the notification deadline for the
financing plans for the measures for which assistance has been appliedfor under the buy-back programme for the 2002 harvest shall be putback from 31 March 2003 to 31 May 2003, and, consequently, by dero-gation from Article 17(4), the deadline of 31 May 2003 shall be putback to 30 June 2003.2002R2182 — EN — 19.03.2004 — 001.001 — 10
(1) OJ L 39, 17.2.1996, p. 5.
▼M1
By way of derogation from Article 17(3), the 31 March 2004 deadline
for the notification of projected plansfor the financing of meas uresforwhich assistance has been requested under the buy-back programme for
the 2003 harvest shall be postponed to 31 May 2004 and, consequently,
by way of derogation from Article 17(4), the 31 May 2004 deadlineshall be postponed to 30 June 2004.
Article 27
The amount of the premium to be paid to producersand the reimburs e-
ment to be made by the Member States to the processors, in accordancewith Articles 18 and 20 respectively of Commission Regulation (EC)
No 2848/98 of 22 December 1998 laying down detailed rulesfor the
application of Council Regulation (EEC) No 2075/92 asregardsthepremium scheme, production quotas and the specific aid to be grantedto producer groupsin the raw tobacco s ector (
1) shall be reduced, at the
time of payment, by the deduction referred to in Article 13(1) of Regu-
lation (EEC) No 2075/92.
The amount thusreduced s hall be declared by the Member Statesas
expenditure under the Guarantee Section of the European AgriculturalGuidance and Guarantee Fund.
Article 28
Regulation (EC) No 1648/2000 ishereby repealed. However, itsprovi-
sions shall continue to apply to projects approved before the entry intoforce of thisRegulation.
Article 29
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2002R2182 — EN — 19.03.2004 — 001.001 — 11
(1) OJ L 358, 31.12.1998, p. 17.▼B