1996R2202 — EN — 01.06.1999 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 2202/96
of 28 October 1996
introducing a Community aid scheme for producers of certain citrus fruits
(OJ L 297, 21.11.1996, p. 49)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 858/1999 of 22 April 1999 L 108 8 27.4.1999
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCIL REGULATION (EC)No 2202/96
of 28 October 1996
introducing a Community aid scheme for producers of certain
citrus fruits
THE COUNCIL OF THE EUROPEAN UNION,
Havingreg ard to the Treaty establishingthe European Community, andin particular Article 43 thereof,
Havingreg ard to the proposal from the Commission(
1),
Havingreg ard to the opinion of the European Parliament(2),
Havingreg ard to the opinion of the Economic and Social Committee(3),
Whereas the present situation in the citrus fruit sector continues to be
marked by serious difficulties in the disposal of Community production;whereas these difficulties are attributable mainly to the varietal aspectsof production, production surpluses and marketingconditions for freshand processed citrus fruit;
Whereas the Community supply of lemons, grapefruit, oranges and
mandarins continues to keep pace with demand on the market in freshfruit products for some varieties of products; whereas production ofclementines has increased considerably in recent years to the extent thatsurpluses are beingcreated; whereas satsumas, which are beingreplacedby clementines on the market in fresh fruit products, are also in surplus;whereas a system of support for producers should therefore provide anincentive for the disposal of the citrus fruit concerned with a view totheir processinginto juice and seg ments;
Whereas it seems appropriate to implement this system by means of
contracts concluded between processors and producer organizations inorder to ensure, firstly, regular supplies for processing industries and,secondly, effective checks on the products to be delivered and on thefact that they have actually been processed by the industry; whereas thesystem should guarantee supplies to consumers at reasonable prices andquality;
Whereas this new system must be able to function with a sufficient
number of producer organizations from the outset; whereas, to that end,‘producer organizations granted preliminary recognition' within themeaning of this Regulation means not only the producer organizationsreferred to in Article 14 of Council Regulation (EC) No 2200/96 of 28October 1996 on the common organization of the market in fruit andvegetables(
4), but also those referred to in Article 13 of that Regulation;
Whereas, in order to encourage producers to present their products for
processingrather than withdrawal, provision should be made for thegrant of an aid to producer organizations which deliver citrus fruit to theprocessingindustries; whereas the amounts of the aid should be estab-lished for a transitional period of six years after which they should be afixed sum; whereas those amounts are to be calculated on the basis ofthe ratio existingin 1995/96 between the financial compensation andthe minimum price and be subject to an annual gradual reduction overthe transitional period, except in the case of clementines and satsumas,in order to meet the general objectives of the common organization ofthe market in fresh products; whereas in the case of grapefruit, the aidto be applied is that established for lemons;
Whereas the production of citrus fruit features structural shortcomings
in terms of marketingwhich are demonstrated by the excessivedispersal of supply; whereas therefore individual producers who deliverall their citrus fruit for processing through producer organizations
(1) OJ No C 191, 2. 7. 1996, p. 7.
(2) OJ No C 277, 23. 9. 1996.
(3) OJ No C 212, 22. 7. 1996, p. 88.
(4) See page 1 of this Official Journal.
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should qualify under the system established by this Regulation; whereas
for that reason and in order to ensure equality of treatment with thefresh products sector, provision should be made for the amount of theaid to be reduced; whereas, for the same structural reasons, it would bejustified to grant an increase in the aid for producer organizations whichconclude a contract for more than one year and in respect of minimumquantities;
Whereas the quantities that may be withdrawn from the market are
limited by Regulation (EC) No 2200/96; whereas in cases whereproduction is risingsteps should be taken to prevent systematic recourseto processingas an alternative outlet; whereas the fixingof a thresholdfor processing, the overrunning of which, calculated on the basis of anaverage over three marketing years, would entail a reduction in aid inthe current marketingyear, would seem to be an appropriate measure tothat end; whereas fixed thresholds should be laid down, based on theaverage quantity eligible for financial compensation during a referenceperiod; whereas, provision should be made for introducinga system ofadvances, as aid may be reduced at the end of a marketingyear as aresult of overrunningof the threshold for processing ;
Whereas the provisions of Regulation (EC) No 2200/96 should be
applied to the processed citrus fruit sector to avoid duplication of rulesand control bodies; whereas provision should also be made for penaltiesto guarantee uniform application of the new scheme throughout theCommunity,
HAS ADOPTED THIS REGULATION:
Article 1
A Community aid scheme is hereby established for producer organ-
izations which deliver for processingcertain citrus fruits harvested inthe Community. The scheme shall cover:
(a) lemons, grapefruit, oranges, mandarins and clementines processed
into juice;
(b) clementines and satsumas processed into segments.
Article 2
1. The scheme referred to in Article 1 shall be based on contracts
between, on the one hand, producer organizations recognized or provi-sionally admitted under Regulation (EC) No 2200/96 and, on the other,processors or legally constituted associations or unions of processors.
2. Such contracts shall be concluded before a specified date and for a
minimum duration determined in accordance with the procedure laiddown in Article 45 of Regulation (EC) No 2200/96. They must, interalia, specify the quantities to which they relate, the phasingof deliveriesto processors, and the prices to be paid to producer organizations, andstate that the processor is under an obligation to process the productscovered by the contracts.
3. Once they have been concluded, contracts shall be sent to the
competent authorities of the Member States concerned responsible forcarryingout qualitative and quantitative checks on:
(a) products delivered to processors by producer organizations;
(b) the actual processingof the quantities delivered.
Article 3
1. Aid shall be granted to producer organizations for the quantities
delivered for processingunder the contracts referred to in Article 2.
2. The amount of the aid is set out in Table 1 of the Annex hereto.However:
(a) where the contract referred to in Article 2 (1) covers more than one
marketingyear and a minimum quantity of citrus fruit, to be deter-mined in accordance with the procedure laid down in Article 45 of
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Regulation (EC) No 2200/96, the amount of the aid shall be thatindicated in Table 2 of the Annex hereto;
(b) for quantities delivered under the provisions of Article 4, the
amount of the aid shall be that indicated in Table 3 of the Annexhereto.
3. Without prejudice to the application of Article 5, the aid shall be
paid by the Member States to producer organizations which applytherefor as soon as the inspectingauthorities of the Member State inwhich processingis undertaken have established that the productscovered by the contracts have been delivered to the processingindustry.
The amount of the aid received by producer organizations shall be paid
to their members.
4. Measures shall be adopted in accordance with the procedure laid
down in Article 45 of Regulation (EC) No 2200/96 to ensure that theprocessingindustry meets its oblig ation to process the products deliv-ered by the producer organizations.
Article 4
1. Producer organizations shall pass on the benefit of the scheme
established in this Regulation to individual producers who are notmembers of any such organizations who undertake to market throughthem their entire output of citrus fruit intended for processingand whopay a subscription to cover the extra management costs borne by theorganization because of the application of this paragraph.
2. Where paragraph 1 is applied,
(a) the amount of the aid received by the producer organization shall be
paid to the individual producer concerned;
(b) the quantities supplied by individual producers may not be included
in the multiannual contracts referred to in Article 3 (2) (a).
Article 5
1. Processingthresholds shall be established, on the one hand, for
lemons, grapefruit and oranges separately, and, on the other hand, formandarins, clementines and satsumas taken together, as follows:
— lemons:
444 000 tonnes,
— grapefruit:
6 000 tonnes,
— oranges:
1 189 000 tonnes,
— mandarins, clementines and satsumas:
320 000 tonnes.
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2. The aid fixed in accordance with Article 3(2) for a givenmarketingyear for the products in question shall be reduced by 1 % pertranche of the overrun referred to in paragraph 1 of this Article wherethe average of the quantities processed under the aid scheme during thethree marketingyears proceedingthe marketingyear in question, orduringan equivalent period, exceeds the said threshold.
The overrun tranches shall be equal to 1 % of each of the thresholds
referred to in paragraph 1.
Article 6
Detailed rules for the application of this Regulation, in particular on the
payment of aid, monitoringmeasures and penalties, the marketingyears,the minimum characteristics of the raw materials delivered forprocessing, the equivalent period referred to in Article 5(2) and thefinancial consequences of exceedingthe thresholds shall be adopted in
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accordance with the procedure laid down in Article 46 of Regulation
(EC) No 2200/96.
▼B
Article 7
The provisions of Title VI relatingto national and Community checks
in Regulation (EC) No 2200/96 shall apply to the monitoring of compli-ance with this Regulation.
Article 8
If measures are needed to facilitate the transition from the previous
arrangements to those established by this Regulation or to apply mecha-nisms not abolished by this Regulation, such measures shall be adoptedin accordance with the procedure laid down in Article 45 of Regulation(EC) No 2200/96.
Article 9
The Commission shall submit to the Council, on the basis of two years’
operation, a report on the application of this scheme, together withappropriate proposals, if necessary.
Article 10
The measures provided for in this Regulation shall be regarded as
intervention intended to stabilize the agricultural markets within themeaningof Article 3 of Council Reg ulation (EEC) No 729/70 of 21April 1970 on the financingof the common ag ricultural policy (
1). They
shall be financed by the Guarantee Section of the European AgriculturalGuidance and Guarantee Fund (EAGGF).
Article 11
The followingare hereby repealed, with effect from the date of applica-
tion of this Regulation:
— Council Regulation (EEC) No 1035/77 of 17 May 1977 laying down
special measures to encourage the marketing of products processedfrom lemons(
2), and
— Council Regulation (EC) No 3119/93 of 8 November 1993 laying
down special measures to encourage the processing of certain citrusfruits(
3).
Article 12
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities .
It shall apply from the 1997/98 marketingyear.
This Decision shall be bindingin its entirety and directly applicable in
all Member States.
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regula-
tion (EC) No 1287/95 (OJ No L 125, 8. 6. 1995, p. 1).
(2) OJ No L 125, 19. 5. 1977, p. 3. Regulation as last amended by Regula-
tion (EEC) No 1199/90 (OJ No L 119, 11. 5. 1990, p. 61).
(3) OJ No L 279, 12. 11. 1993, p. 17.
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ANNEX
Amounts of aid referred to in Article 3 (1)
TABLE 1 (ECU/100kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03 and
subsequent
marketing
years
Lemons 9,36 9,31 9,25 9,21 9,15 9,10
Grapefruit 9,36 9,31 9,25 9,21 9,15 9,10
Oranges 10,03 9,98 9,94 9,89 9,85 9,80
Mandarins 11,31 10,86 10,42 9,98 9,54 9,10
Clementines 8,90 8,95 8,99 9,03 9,07 9,10
Satsumas 7,34 7,69 8,04 8,40 8,75 9,10
TABLE 2 (ECU/100kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03 and
subsequent
marketing
years
Lemons 10,76 10,70 10,64 10,59 10,52 10,47
Grapefruit 10,76 10,71 10,64 10,59 10,52 10,47
Oranges 11,54 11,48 11,43 11,37 11,33 11,27
Mandarins 13,00 12,49 11,99 11,48 10,97 10,47
Clementines 10,26 10,30 10,34 10,38 10,42 10,47
Satsumas 8,44 8,85 9,25 9,66 10,06 10,47
TABLE 3 (ECU/100kg net)
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
year2002/03 and
subsequent
marketing
years
Lemons 8,42 8,38 8,33 8,28 8,23 8,19
Grapefruit 8,42 8,38 8,33 8,28 8,23 8,19
Oranges 9,03 8,98 8,95 8,90 8,86 8,82
Mandarins 10,17 9,78 9,38 8,98 8,59 8,19
Clementines 8,03 8,06 8,09 8,13 8,16 8,19
Satsumas 6,61 6,92 7,24 7,56 7,88 8,19