This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (EC) No 293/98
of 4 February 1998
determining the operative events applicable to products in the fruit and vegetables sector, to processed fruit
and vegetable products and partly to live plants and floricultural products and to certain products listed in
Annex II to the EC Treaty, and repealing Regulation (EC) No 1445/93
(OJ L 30, 5.2.1998, p. 16)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1551/98 of 17 July 1998 L 202 28 18.7.1998
"M2 Commission Regulation (EC) No 519/1999 of 9 March 1999 L 61 27 10.3.1999
"M3 Commission Regulation (EC) No 999/1999 of 11 May 1999 L 122 34 12.5.1999
"M4 Commission Regulation (EC) No 1410/1999 of 29 June 1999 L 164 53 30.6.1999
Corrected by:
"C1 Corrigendum, OJ L 100, 1.4.1998, p. 72 (293/98)
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) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1998R0293 — EN — 01.07.1999 — 004.001 — 1
COMMISSION REGULATION (EC) No 293/98
of 4 February 1998
determining the operative events applicable to products in the fruit and
vegetables sector, to processed fruit and vegetable products and partly tolive plants and floricultural products and to certain products listed in
Annex II to the EC Treaty, and repealing Regulation (EC) No 1445/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 3813/92 of 28 December
1992 on the unit of account and the conversion rates to be applied for the
purposes of the common agricultural policy (
1), as last amended by
Regulation (EC) No 150/95 (2), and in particular Article 6(2) thereof,
Whereas Regulation (EEC) No 3813/92 introduces new agri-monetary
arrangements as from 1 January 1993; whereas, within the framework ofthat Regulation, Commission Regulation (EEC) No 1068/93 of 30 April 1993on detailed rules for determining and applying the agricultural conversion
rates (
3), as last amended by Regulation (EC) No 1482/96 (4), determines the
operative events for the agricultural conversion rates to apply after thetransitional measures provided for in Article 1 of Commission Regulation
(EEC) No 3820/92 (
5), without prejudice to further details to be specified or to
derogations to be provided for, where appropriate, by regulations covering theproduct groups concerned on the basis of the criteria set out in Article 6 ofRegulation (EEC) No 3813/92; whereas the operative events for the
agricultural conversion rates to apply after the transitional measures provided
for in Article 1 of Regulation (EEC) No 3820/92 to products in the fruit andvegetables sector, processed fruit and vegetable products and to certain aid forlive plants and floricultural products should accordingly be determined and
grouped within a single regulation;
Whereas new common organisations of markets were introduced by Council
Regulation (EC) No 2200/96 (
6), as last amended by Commission Regulation
(EC) No 2520/97 (7), for fruit and vegetables and by Council Regulation (EC)
No 2201/96 (8), as amended by Regulation (EC) No 2199/97 (9), for processed
fruit and vegetable products;whereas the operative events determined by
Commission Regulation (EEC) No 1445/93 (10), as last amended by
Regulation (EC) No 3434/93 (11), should be adapted to this new situation,
and the aforesaid Regulation (EEC) No 1445/93 should be repealed;
Whereas Annexes I and II to Commission Regulation (EC) No 412/97 of 3
March 1997 laying down detailed rules for the application of Council
Regulation (EC) No 2200/96 as regards the recognition of producerorganisations (
12), as last amended by Regulation (EC) No 1493/97 (13),
determine, pursuant to Article 11(2)(a) of Regulation (EC) No 2200/96, the
minimum volumes of marketable production required of recognised producer
organisations; whereas these are annual volumes; whereas, pursuant to Article6(2) of Regulation (EEC) No 3813/92, the operative event for the agriculturalconversion rate for these volumes should be 1 January of the relevant year;
Whereas Article 15(3) of Regulation (EC) No 2200/96 lays down the
conditions in which Member States may set a maximum level for the
supplement to the Community withdrawal compensation paid by theoperational funds; whereas the operative event applicable to the correspond-ing withdrawal compensation should be applied to the rate of conversion of
this maximum level;!B
(1) OJ L 387, 31. 12. 1992, p. 1.
(2) OJ L 22, 31. 1. 1995, p. 1.
(3) OJ L 108, 1. 5. 1993, p. 106.
(4) OJ L 188, 27. 7. 1996, p. 22.
(5) OJ L 387, 31. 12. 1992, p. 22.
(6) OJ L 297, 21. 11. 1996, p. 1.
(7) OJ L 346, 17. 12. 1997, p. 41.
(8) OJ L 297, 21. 11. 1996, p. 29.
(9) OJ L 303, 6. 11. 1997, p. 1.
(10) OJ L 142, 12. 6. 1993, p. 27.
(11) OJ L 314, 16. 12. 1993, p. 11.
(12) OJ L 62, 4. 3. 1997, p. 16.
(13) OJ L 202, 30. 7. 1997, p. 32.1998R0293 — EN — 01.07.1999 — 004.001 — 2
Whereas in order to determine the Community financial assistance provided
for in Article 15(1) of Regulation (EC) No 2200/96, it is necessary to expressin ecus the value of marketed production of producer organisations, theestimated amount of operational funds, the actual financial contributions from
member producers to operational funds and the expenditure on operational
programmes as defined in Articles 7 and 9 of Commission Regulation (EC)No 411/97 of 3 March 1997 laying down detailedrules for the application ofCouncil Regulation (EC) No 2200/96 as regards operational programmes,
operational funds and Community financial assistance (
1) as last amended by
Regulation (EC) No 1501/97 (2); whereas these are annual amounts; whereas,
pursuant to Article 6(2) of Regulation (EEC) No 3813/92, the operative event
for the agricultural conversion rate for these volumes should be defined as 1
January of the relevant year;
Whereas the fourth indent of Article 10(1) of Regulation (EEC) No 1068/93
provides that in the case of withdrawals of products in the fruit and vegetablessector the operative event for the agricultural conversion rate is to occur on
the first day of the month in which the withdrawal takes place; whereas that
rule should apply not only to withdrawals pursuant to Article 23(1) ofRegulation (EC) No 2200/96, but also, because related or similar operationsare involved, to the maximum sorting and packing costs defrayed in
accordance with Article 30(6) of Regulation (EC) No 2200/96, for apples
and citrus fruits distributed free in the conditions of Article 16 of CommissionRegulation (EC) No 659/97 of 16 April 1997 laying down detailed rules for
the application of Council Regulation (EC) No 2200/96 as regards
intervention arrangements in the fruit and vegetables sector (
3), as amended
by Regulation (EC) No 1946/97 (4), and to the flat-rate aid provided for the
1997/98 marketing year under Article 15a of the said Regulation (EC) No
659/97, to cover packing of certain products withdrawn from the market for
free distribution; whereas Article 10(2) of Regulation (EEC) No 1068/93 maybe applied to aid towards the cost of transport of fruit and vegetablesdistributed free provided for, pursuant to Article 30(6) of Regulation (EC) No
2200/96, in Article 15 of Regulation (EC) No 659/97;
Whereas Article 2(3) of Commission Regulation (EC) No 3223/94 of 21
December 1994 on detailed rules for the application of the importarrangements for fruit and vegetables (
5), as last amended by Regulation
(EC) No 2375/96 (6), provides that prices recorded in accordance with Article
2(2) shall, where they are established at the wholesaler/retailer stage, bereduced by an amount equal to ECU 0,7245 per 100 kilograms; whereas theprovisions of Article 12(2) of Regulation (EEC) No 1068/93 should be
applied in this case by analogy;
Whereas the provisions of Article 7 and Article 12(2) of Regulation (EEC) No
1068/93 apply to the calculation of the standard import value referred to inArticle 4(1) of Regulation (EC) No 3223/94;
Whereas for the purpose of applying Article 5(1)(a) of Regulation (EC) No
3223/94 (‘invoice method’), the entry price of the lot concerned must be
expressed in ecus; whereas conversion must be effected in accordance with
Article 4 of Regulation (EEC) No 1068/93 and Article 18 of CouncilRegulation (EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (
7), as last amended by Regulation (EC) No
82/97 (8); whereas by analogy with Article 9 of Regulation (EEC) No
1068/93, the rates applicable must be those in force on the date of acceptanceof the customs declaration;
Whereas the export refund provided for in Article 35 of Regulation (EC) No
2200/96 is included in the arrangements for trade with third countries
introduced by Title V of that Regulation; whereas it is therefore covered byArticle 9 of Regulation (EEC) No 1068/93;
Whereas Article 55 of Regulation (EC) No 2200/96 provides for aid to the
hazelnut sector; whereas the detailed rules for the application of that aid, laid
down by Commission Regulation (EC) No 1474/97 (
9), provide that it shall be
granted to producer organisations, for the products taken over by them;whereas, in view of the large number of producers, pursuant to Article 6(2) of!B
(1) OJ L 62, 4. 3. 1997, p. 9.
(2) OJ L 202, 30. 7. 1997, p. 45.
(3) OJ L 100, 17. 4. 1997, p. 22.
(4) OJ L 274, 7. 10. 1997, p. 4.
(5) OJ L 337, 24. 12. 1994, p. 66.
(6) OJ L 325, 14. 12. 1996, p. 5.
(7) OJ L 302, 19. 10. 1992, p. 1.
(8) OJ L 17, 21. 1. 1997, p. 1.
(9) OJ L 200, 29. 7. 1997, p. 23.1998R0293 — EN — 01.07.1999 — 004.001 — 3
Regulation (EEC) No 3813/92 and notwithstanding Article 10(2) of
Regulation (EEC) No 1068/93, the operative event for the agriculturalconversion rate should be the first day of the month of take over of theproducts by the producer organisations concerned;
Whereas Article 2(1) of Regulation (EC) No 2201/96 provides for a system of
production aid for certain processed fruit and vegetable products; whereasthat system provides for the granting of aid to the processor subject to
payment of a minimum price to the producer; whereas, under those conditions
and owing to the very large number of operators, processors and producersinvolved, pursuant to Article 6(2) of Regulation (EEC) No 3813/92 and
notwithstanding Article 10(2) of Regulation (EEC) No 1068/93, the operative
event for the agricultural conversion rate should be the first day of the monthof take over of the products by the processor;
Whereas Council Regulation (EEC) No 525/77 of 14 March 1977 establishing
a system of production aid for tinned pineapple (
1), as last amended by
Regulation (EEC) No 1699/85 (2), introduces an aid scheme for processors
subject to payment of a minimum price to pineapple producers; whereas,
since there are two harvests in each marketing year, the operative event
applicable to each harvest should be fixed at the beginning of the harvest inquestion;
Whereas Article 7 of Regulation (EC) No 2201/96 provides for aid for the
cultivation of certain varieties of grapes intended for the production of driedgrapes; whereas the amount of the aid is fixed per hectare; whereas Article
11(1) of Regulation (EEC) No 1068/93 should apply to that aid;
Whereas Article 10(1) of Regulation (EEC) No 1068/93 should apply to
storage of sultanas, currants and dried figs as referred to in Article 9 of
Regulation (EC) No 2201/96 and in particular to the minimum price referredto in Article 9(2) and to the storage aid referred to in Article 9(4);
Whereas the amount in ecus in Article 7(2) of Commission Regulation (EEC)
No 627/85 of 12 March 1985 on storage aid and financial compensation forunprocessed dried grapes and figs (
3), as last amended by Regulation (EC) No
1922/95 (4), represents the residual value of the stocks of dried figs and dried
grapes at the date of the stocktaking referred to in Article 7(1) of Regulation
(EEC) No 627/85; whereas the operative event for the agricultural conversionrate applicable to that amount must be that date;
Whereas Article 10(1) of Regulation (EEC) No 1068/93 may be applied to
sales of unprocessed dried grapes and figs held by storage agencies, at pricesfixed in advance in ecus in accordance with Article 9(7) of Regulation (EC)
No 2201/96;
Whereas the arrangements for sales organised by invitation to tender, pursuant
to Article 9(7) of Regulation (EC) No 2201/96, of unprocessed dried grapes
and figs held by storage agencies were laid down by Commission Regulation
(EEC) No 626/85 (
5), as last amended by Regulation (EC) No 1437/97 (6);
whereas Article 13(2)(c) of the said Regulation (EEC) No 626/85 provides
that the price offered shall be expressed in the currency of the Member State
whose storage agency has issued the invitation to tender; whereas Article 15of that Regulation provides that minimum selling prices may be fixed in thelight of the tenders received; whereas the same agricultural conversion rate
should be applied to prices offered and to minimum selling prices; whereas
the same agricultural conversion rate should be applied to prices offered andto minimum selling prices; whereas notwithstanding Article 10(1) ofRegulation (EEC) No 1068/93, the operative event for that rate should be
the closing date for the submission of tenders laid down pursuant to Article 12
of Regulation (EEC) No 626/85;
Whereas the second indent of Article 12(4) of Regulation (EEC) No 1068/93
should apply to the securities referred to in the second indent of Article 9(3)and the second indent of Article 9(7) of Regulation (EC) No 2201/96;!B
(1) OJ L 73, 21. 3. 1977, p. 46.
(2) OJ L 163, 22. 6. 1985, p. 12.
(3) OJ L 72, 13. 3. 1985, p. 17.
(4) OJ L 185, 4. 8. 1995, p. 19.
(5) OJ L 72, 13. 3. 1985, p. 7.
(6) OJ L 196, 24. 7. 1997, p. 62.1998R0293 — EN — 01.07.1999 — 004.001 — 4
Whereas Article 10(3) of Regulation (EC) No 2201/96 provides for the
granting of temporary flat-rate aid expressed in ecus per hectare, for theproduction of asparagus for processing; whereas the detailed rules for theapplication of this aid, laid down by Commission Regulation (EC) No
956/97 (
1), provide that it shall be granted in 1997, 1998 and 1999; whereas
Article 11(1) of Regulation (EEC) No 1068/93 applies to this aid; whereas inaccordance with the second paragraph of Article 4 of Regulation (EC) No659/97, the marketing year for asparagus runs from 1 January to 31
December;
Whereas the minimum import price for dried grapes and certain processed
cherries and the countervailing charge provided for in Article 13 ofRegulation (EC) No 2201/96 the export refund provided for in Article 16
of that Regulation, and the export levy on certain products containing added
sugar provided for in Article 20 of that Regulation are part of thearrangements for trade with third countries introduced by Title II of that
Regulation; whereas they are therefore covered by Article 9 of Regulation
(EEC) No 1068/93;
Whereas Council Regulation (EC) No 2202/96 (
2) introduces a Community
aid scheme for producers of certain citrus fruits; whereas that schemeprovides aid to producer organisations for lemons, grapefruit, oranges,
mandarins, clementines and satsumas supplied to processors under contracts;
whereas, under those conditions and owing to the very large number ofoperators, processors and producers involved, pursuant to Article 6(2) of
Regulation (EEC) No 3813/92 and notwithstanding Article 10(2) of
Regulation (EEC) No 1068/93, the operative event for the agriculturalconversion rate should be the first day of the month of take over of theproducts by the processor; whereas that date is the day of delivery at the
processing plant as attested to in accordance with the provisions of Article
10(2) of Commission Regulation (EC) No 1169/97 (
3) laying down detailed
rules for the application of Council Regulation (EC) No 2202/96;
Whereas Title IIa of Council Regulation (EEC) No 1035/72 of 18 May 1972
on the common organisation of the market in fruit and vegetables (4), as last
amended by Commission Regulation (EC) No 1363/95 (5), provided for
specific measures for nuts and locust beans; whereas Regulation (EEC) No1035/72 was repealed by Regulation (EC) No 2200/96; whereas, however,
Article 53 ofRegulation (EC) No 2200/96 provides that any rights acquired by
producer organistions in application of Title IIa of Regulation (EEC) No1035/72 shall be maintained until exhausted; whereas, pursuant to Article 19
of Commission Regulation (EEC) No 2159/89 of 18 July 1989 laying down
detailed rules for applying the specific measures for nuts and locust beansprovided for in Title IIa of Council Regulation (EEC) No 1035/72 (
6), as last
amended by Regulation (EEC) No 1363/95, the aid to improve the quality and
marketing of nuts and locust beans provided for in Article 14d(2) of
Regulation (EEC) No 1035/72 is to be paid at the end of each annualreference period; whereas, pursuant to Article 11(2) of Regulation (EEC) No1068/93, the operative event for the agricultural conversion rate applicable to
the maximum aid in question, fixed in Article 2 of Council Regulation (EEC)
No 790/89 (
7), as last amended by Commission Regulation (EEC) No
1825/97 (8), should accordingly be 1 January of each annual reference period;
Whereas Article 2(2) of Council Regulation (EEC) No 1991/92 of 13 July
1992 establishing a special scheme for raspberries intended for processing (9),
as last amended by Regulation (EC) No 1363/95, provides for a one-offflat-rate grant to producer organisations; whereas, pursuant to paragraph 3 ofthat Article, the grant is to be calculated on the basis of the production of the
producer organisation during the first marketing year following special
recognition; whereas the operative event for the agricultural conversion rateapplicable to the grant should therefore be the first day of that marketing year;!B
(1) OJ L 139, 30. 5. 1997, p. 100.
(2) OJ L 297, 21. 11. 1996, p. 49.
(3) OJ L 169, 27. 6. 1997, p. 15.
(4) OJ L 118, 20. 5. 1972, p. 1.
(5) OJ L 132, 16. 6. 1995, p. 8.
(6) OJ L 207, 19. 7. 1989, p. 19.
(7) OJ L 85, 30. 3. 1989, p. 6.
(8) OJ L 260, 23. 9. 1997, p. 9.
(9) OJ L 199, 18. 7. 1992, p. 1.1998R0293 — EN — 01.07.1999 — 004.001 — 5
Whereas Article 6(3) of Regulation (EEC) No 1991/92 provides for the
granting of aid to producer organisations for carrying out programmes toimprove the competitiveness of the sector producing raspberries for process-ing and fixes the maximum amount thereof per hectare per year; whereas the
operative event for the agricultural conversion rate applicable each year to
that aid should therefore be the beginning of the marketing year in question;
Whereas specific measures in respect of certain agricultural products for the
benefit of the French overseas departments (FOD) were introduced byCouncil Regulation (EEC) No 3763/91 (
1), as last amended by Regulation
(EC) No 2598/95 (2); whereas detailed rules for the application of part of
those measures were laid down by Commission Regulation (EC) No
489/97 (3);
Whereas Article 13 of Regulation (EEC) No 3763/91 provides for aid for the
fruit, vegetables, flowers and live plants listed in Chapters 6, 7 and 8 of the
Combined Nomenclature with the exception of bananas other than plantains,for pepper and fruits of the genera Capiscum and Pimenta falling within CN
code 0904 and the spices falling within CN code 0910, for exclusive supply to
the FOD market; whereas the granting of this aid is subject to the conclusionof supply contracts between specific producers and operators; whereas thisaid is granted on the basis of product quantities supplied under those
contracts; whereas, in this case and because of the very large number of
operators and producers involved, pursuant to Article 6(2) of Regulation(EEC) No 3813/92 and notwithstanding Article 10(2) of Regulation (EEC) No1068/93 the operative event for the agricultural conversion rate should be the
first day of the month of supply by the producer as attested to by the
supporting documents referred to in Article 10(2) of Regulation (EC) No489/97;
Whereas Article 13(2) of Regulation (EEC) No 3763/91 provides for aid for
the production of green vanilla intended for the production of dried (black)vanilla or vanilla extracts; whereas that aid is granted on the basis of product
quantities; whereas by virtue of Article 6 of Regulation (EC) No 489/97, the
aid is paid to the green vanilla producer via the processors approved by thecompetent authorities; whereas, by analogy, this aid should be treated in theway established above for the production aid provided for in Article 2(1) of
Regulation (EC) No 2201/96;
Whereas Article 13(3) of Regulation (EEC) No 3763/91 provides for
production aid for essential oils of geranium and vetiver; whereas that aid is
granted on the basis of product quantities; whereas by virtue of Article 7 ofRegulation (EC) No 489/97, the aid is paid to producers through localcollection and marketing bodies approved by the competent authorities;
whereas, by analogy, this aid should be treated in the way established above
for the production aid provided for in Article 2(1) of Regulation (EC) No2201/96;
Whereas Article 15(1) of Regulation (EEC) No 3763/91 introduces aid for the
marketing of certain products harvested in the FOD; whereas that aid amountsto 10 % of the value of production marketed free at destination; whereas that
destination may be located in the Community or in third countries; whereas
the value of the products may be expressed in the national currency of a thirdcountry; whereas the economic objective of the operation concerned by thataid is achieved when the products are taken over by the purchaser; whereas
the operative event for the agricultural conversion rate applicable to that aid
should therefore be the first day of such take over; whereas it should bespecified that where Article 4 of Regulation (EEC) No 1068/93 applies,account should be taken of the conversion rate applicable that day;
Whereas specific measures for the Azores and Madeira relating to certain
agricultural products were introduced by Council Regulation (EEC) No
1600/92 (
4), as last amended by Regulation (EC) No 2348/96 (5); whereas
detailed rules for the measures were laid down by Commission Regulation(EC) No 2311/92 (
6), as amended by Regulation (EEC) No 1445/93, in respect
of fruit, vegetables, plants and flowers and tea, by Commission Regulation
(EEC) No 2999/92 (7), as last amended by Regulation (EC) No 2381/97 (8), in!B
(1) OJ L 356, 24. 12. 1991, p. 1.
(2) OJ L 267, 9. 11. 1995, p. 1.
(3) OJ L 76, 18. 3. 1997, p. 6.
(4) OJ L 173, 27. 6. 1992, p. 1.
(5) OJ L 320, 11. 12. 1996, p. 1.
(6) OJ L 222, 7. 8. 1992, p. 24.
(7) OJ L 301, 17. 10. 1992, p. 7.
(8) OJ L 329, 29. 11. 1997, p. 35.1998R0293 — EN — 01.07.1999 — 004.001 — 6
respect of processed fruit and vegetable products, by Commission Regulation
(EEC) No 3518/92 (1), as amended by Regulation (EEC) No 1445/93, in
respect of pineapple production and by Commission Regulation (EEC) No1696/92 (
2), as last amended by Regulation (EEC) No 2596/93 (3), in respect
of the specific arrangements for supply;
Whereas the operative event for the agricultural conversion rate for aid for the
supply of processed fruit and vegetable products to Madeira fixed, pursuant toArticle 3(2) of Regulation (EEC) No 1600/92, by Article 2 of Regulation(EEC) No 2999/92 is determined by Article 4(9) of Regulation (EEC) No
1696/92; whereas, however, the granting of aid is subject to the lodging of
security; whereas the amount of that security is fixed in ecus in Article 5(1) ofRegulation (EEC) No 2999/92; whereas in this case the operative event
should be the day of submission of the certificate application;
Whereas Article 11 of Regulation (EEC) No 1600/92 introduces aid for
programmes of initiatives and fixes the maximum amount thereof in ecus;whereas that aid is paid annually; whereas the detailed rules for that aid laiddown in Regulation (EEC) No 2311/92 provide in particular for aid
applications to be submitted each year before a date determined by the
competent departments of the Member States concerned; whereas theoperative event for the agricultural conversion rate applicable to those aidsshould therefore occur each year on 1 January of the year of implementation
of the programme of initiatives;
Whereas aid for marketing certain tropical products harvested in the Azores
and Madeira was introduced by Article 12(1) of Regulation (EEC) No1600/92; whereas that aid should be treated in the same way as similar aid
granted in the FOD;
Whereas Article 12(1) of Regulation (EEC) No 1068/93 should apply for the
purposes of determining the operative event for the agricultural conversionrate applicable to the Community contribution towards an economic analysisand forward study of the fruit and vegetable processing industry provided for
in Article 13(1) of Regulation (EEC) No 1600/92;
Whereas Article 30 of Regulation (EEC) No 1600/92 provides for aid for the
production of pineapples and fixes the amount thereof in ecus; whereas thedetailed rules for the application of that provision were laid down by
Commission Regulation (EEC) No 3518/92, Article 1 of which provides that
the aid in question is to be applied for in respect of two defined harvestperiods; whereas the operative event for the agricultural conversion rateapplicable to that aid should therefore be the beginning of the harvest period
in question;
Whereas Council Regulation (EEC) No 1601/92 (
4), as last amended by
Regulation (EC) No 2348/96, introduces specific measures for the CanaryIslands with regard to certain agricultural products; whereas detailed rules forthe application of those measures were laid down by Commission Regulation
(EEC) No 2173/92 (
5), as last amended by Regulation (EC) No 1363/95, in
respect of fruit and vegetables, plants and flowers, by Commission Regulation(EC) No 3010/94 (
6), as last amended by Regulation (EC) No 1249/97 (7), in
respect of processed fruit and vegetable products, and by Commission
Regulation (EC) No 2790/94 (8), as last amended by Regulation (EC) No
2883/94 (9), in respect of the specific arrangements for supply;
Whereas Article 15 of Regulation (EEC) No 1601/92 introduces aid for
programmes of initiatives and fixes the maximum amount thereof in ecus;
whereas that aid is paid annually; whereas the detailed rules for that aid, laid
down in Regulation (EEC) No 2173/92, provide in particular for aidapplications to be submitted each year before a date determined by thecompetent departments of the Member States concerned; whereas the
operative event for the agricultural conversion rate applicable to that aid
should therefore occur each year on 1 January of the year of implementationof the programme of initiatives;!B
(1) OJ L 355, 5. 12. 1992, p. 21.
(2) OJ L 179, 1. 7. 1992, p. 6.
(3) OJ L 238, 23. 9. 1993, p. 24.
(4) OJ L 173, 27. 6. 1992, p. 13.
(5) OJ L 217, 31. 7. 1992, p. 56.
(6) OJ L 320, 13. 12. 1994, p. 5.
(7) OJ L 173, 1. 7. 1997, p. 90.
(8) OJ L 296, 17. 11. 1994, p. 32.
(9) OJ L 304, 29. 11. 1994, p. 18.1998R0293 — EN — 01.07.1999 — 004.001 — 7
Whereas aid for marketing certain tropical products harvested in the Canary
Islands was introduced by Article 16(1) of Regulation (EEC) No 1601/92;whereas that aid should be treated in the same way as similar aid granted inthe FOD;
Whereas Article 12(1) of Regulation (EEC) No 1068/93 should apply for the
purposes of determining the operative event for the agricultural conversion
rate applicable to the Community contribution towards an economic analysis
and forward study of the fruit and vegetable processing industry provided forin Article 17(1) of Regulation (EEC) No 1601/92;
Whereas Article 1 of Council Regulation (EC) No 2200/97 (
1) introduces a
grubbing-up premium for apple trees, pear trees, peach trees and nectarine
trees; whereas the detailed rules for that premium are laid down in
Commission Regulation (EC) No 2467/97 (2); whereas Article 11(2) of
Regulation (EEC) No 1068/93 should apply to it;
Whereas the measures provided for in this Regulation are in accordance with
the joint opinion of the Management Committees for Fruit and Vegetables,Products Processed from Fruit and Vegetables, and Live Plants,
HAS ADOPTED THIS REGULATION:
TITLE I
FRESH FRUIT AND VEGETABLES
Article 1
(Producer organisations)
The agricultural conversion rate to be applied to the minimum volumes of
marketable production fixed in Annexes I and II to Regulation (EC) No412/97 of their conversion into ecus shall be that in force on 1 January of the
relevant year.
Article 2
(Operational funds)
1. For the purposes of applying the second subparagraph of Article 15(3) of
Regulation (EC) No 2200/96, the conversion rate for the maximum level of
withdrawal prices applying in the 1995/96 marketing year shall be the
agricultural conversion rate applicable to the Community withdrawalcompensation in question.
2. The conversion rate applicable for calculation of the estimated amount of
operational funds referred to in the second subparagraph of Article 7(1) of
Regulation (EC) No 411/97 and for calculation of the estimate of the ceiling
referred to in Article 7(5) of that Regulation shall be the agriculturalconversion rate in force on 1 January of the year for which the fund and theceiling are fixed.
3. The conversion rate applicable for calculation of the ceiling on financial
assistance referred to in the second subparagraph of Article 10 of Regulation
(EC) No 411/97 shall be the agricultural conversion rate applicable on 1
January of the year when that ceiling applies.
4. The operative event for the agricultural conversion rate applicable to the
lump sum fixed in point 2 of the Annex to Regulation (EC) No 411/97 shallbe 1 January in the year to which that amount applies.!B
(1) OJ L 303, 6. 11. 1997, p. 3.
(2) OJ L 341, 12. 12. 1997, p. 3.!M21998R0293 — EN — 01.07.1999 — 004.001 — 8
Article 3
(Intervention and withdrawal)
1. The operative event for the agricultural conversion rate for Community
withdrawal compensation fixed in Annex V to Regulation (EC) No 2200/96shall be the first day of the month in which the withdrawal takes place.
2. The conversion rate applicable to the flat-rate amounts referred to in
Article 15(1) of Regulation (EC) No 659/97 and fixed in point 1 of Annex V
to that Regulation shall be the agricultural conversion rate as determined in
accordance with paragraph 1 of this Article.
3. The conversion rate applicable to the flat-rate amount fixed in Article 15a
of Regulation (EC) No 659/97 shall be the agricultural conversion ratedetermined in accordance with paragraph 1 above.
4. The conversion rate applicable to the maximum amount referred to in
Article 16(1) of Regulation (EC) No 659/97 and set out in paragraph 2 of
Annex V to that Regulation shall be the agricultural conversion rate
determined in accordance with paragraph 1 above.
Article 4
(Entry prices)
1. The operative event for the agricultural conversion rate applicable for the
conversion into national currency of the flat-rate amount referred to in Article
2(3) of Regulation (EC) No 3223/94 shall be the day on which the relevant
average representative price was recorded.
2. For the purpose of calculating the standard import value referred to in
Article 4(1) of Regulation (EC) No 3223/94, representative prices shall beconverted into ecus using the representative market rate on the day to which
those prices apply.
3. For the purposes of applying Article 5(1)(a) of Regulation (EC) No
3223/94, the conversion rates applicable shall be those in force on the date of
acceptance of the customs declaration.
Article 5
(Export refunds)
Article 9 of Regulation (EEC) No 1068/93 shall apply to the export refunds
provided for in Article 35(1) of Regulation (EC) No 2200/96.
Article 6
(Aid for the hazelnut sector)
The operative event for the agricultural conversion rate applicable to the aid
for hazelnuts provided for in Article 55 of Regulation (EC) No 2200/96 shallbe the first day of the month in which the products are taken over by the
producer organisation concerned in accordance with Article 2(1) of
Regulation (EC) No 1474/97.
TITLE II
PROCESSED FRUIT AND VEGETABLE PRODUCTS
Article 7
(Production aid for tomatoes, figs, prunes, pears, peaches and pineapples)
1. The operative event for the agricultural conversion rate applicable to the
production aid referred to in Article 2(1) of Regulation (EC) No 2201/96 and
to the minimum price referred to in Article 2(2) of that Regulation shall be the
first day of the month of take over of the products by the processor within themeaning of Article 14 of Regulation (EC) No 504/97.!B
!M3
!B1998R0293 — EN — 01.07.1999 — 004.001 — 9
2. The operative event for the agricultural conversion rate applicable to
production aid for tinned pineapple referred to in Article 1 of Regulation(EEC) No 525/77 as well as to the minimum price referred to in Article 3 ofthat Regulation, shall be on 1 May and 1 September for the first and second
harvests in the marketing year respectively.
Article 8
(Aid for dried grapes and figs)
1. Article 11(1) of Regulation (EEC) No 1068/93 shall apply to the aid per
hectare referred to in Article 7 of Regulation (EC) No 2201/96.
2. The operative event for the agricultural conversion rate applicable to the
buying-in price referred to in Article 9(2) of Regulation (EC) No 2201/96shall be the day on which the products are taken over by the storage agencies
within the meaning of Article 9(1) of that Regulation.
3. The operative event for the agricultural conversion rate applicable to the
storage aid referred to in Article 9(4) of Regulation (EC) No 2201/96 shall bethe first day of the month in respect of which the aid is granted.
4. The conversion rate applicable to the amount in ecus referred to in Article
7(2) of Regulation (EEC) No 627/85 shall be the agricultural conversion ratein force on the date of stocktaking as referred to in Article 7(1) of thatRegulation.
5. The operative event for the agricultural conversion rate applicable to the
selling prices fixed in advance pursuant to Article 9(7) of Regulation (EC) No2201/96 for unprocessed dried grapes and figs held by the storage agencies,
shall be the day of take over of the products by the purchaser, or of payment if
it takes place prior thereto.
6. The operative event for the agricultural conversion rate applicable to the
tenders referred to in Article 13 of Regulation (EEC) No 626/85 and to the
minimum selling prices referred to in Article 15 of that Regulation shall bethe closing date for the submission of tenders as laid down in accordance withArticle 12 of that Regulation.
7. The operative event for the agricultural conversion rate applicable to the
amount in ecus of the securities referred to in the second subparagraph ofArticle 9(3) and the second subparagraph of Article 9(7) of Regulation (EC)
No 2201/96 shall be the day of submission of the tender or purchase
application.
Article 9
(Aid for asparagus for processing)
The operative event for the agricultural conversion rate applicable to the
temporary flat-rate aid for asparagus for processing, introduced by Article
10(3) of Regulation (EC) No 2201/96, shall be 1 January of the year in respect
of which the aid is granted.
Article 10
(Trade with third countries)
Article 9 of Regulation (EEC) No 1068/93 shall apply to:
— the minimum prices and countervailing charges fixed, for dried grapes
and certain processed cherries, pursuant to Article 13 of Regulation (EC)No 2201/96,
— the export refunds provided for in Article 16 of that Regulation, and
— the export levy provided for in Article 20 of that Regulation.!B
!M2
!B1998R0293 — EN — 01.07.1999 — 004.001 — 10
TITLE III
CITRUS FRUIT FOR PROCESSING
Article 11
The operative event for the agricultural conversion rate applicable to the aid to
producer organisations provided for in Article 3 of Regulation (EC) No2202/96 shall be the first day of the month of delivery of the consignment tothe processing plant within the meaning of Article 10(2) of Regulation (EC)
No 1169/97.
TITLE IV
OTHER MEASURES
Article 12
(Nuts and locust beans)
The exchange rate applicable for the conversion each year into national
currency of the maximum aid per hectare to improve the quality and
marketing of nuts and locust beans fixed in Article 2 of Regulation (EEC) No790/89 shall be the average of the exchange rates applicable during the monthbefore 1 January of the annual reference period within the meaning of Article
19 of Regulation (EEC) No 2159/89, calculated pro rata temporis .
Article 13
(Raspberries intended for processing)
1. The operative event for the agricultural conversion rate applicable to the
amount in ecus, provided for in Article 2(3) of Regulation (EEC) No 1991/92,
of the one-off flat-rate grant to producer organisations referred to in Article
2(2) of that Regulation shall occur on the first day of the marketing yearfollowing the date of special recognition of the organisation in question.
2. The rate to be applied for the conversion each year into national currency
of the maximum amount per hectare provided for in the second subparagraphof Article 6(3) of Regulation (EEC) No 1991/92 shall be the agriculturalconversion rate in force on the first day of the marketing year in question.
Article 14
(Poseidom)
1. The operative event for the agricultural conversion rate applicable to the
security provided for in Article 3(2) of Regulation (EEC) No 1524/98 shall bethe day of submission of the aid certificate application.
"M12.3The operative event for the agricultural conversion rate
applicable to the aid for the supply of the regional market provided for inArticle 13(1) of Regulation (EEC) No 3763/91 shall be the first day of the
month of supply of the products in question, as attested to by the supporting
documents referred to in
"M1Article 22(2) of Regulation (EC) No 1524/98
3.
"M13.3The operative event for the agricultural conversion rate
applicable to the aid for the production of green vanilla provided for in Article13(2) of Regulation (EEC) No 3763/91 shall be the first day of the month of
take over of the products by the approved processor within the meaning of
"M1Article 9 of Regulation (EC) No 1524/98 3.
"M14.3The operative event for the agricultural conversion rate
applicable to the production aid for essential geranium and vetiver oilsprovided for in Article 13(3) of Regulation (EEC) No 3763/91 shall be the
first day of the month of take over of the products by the approved local
collection and marketing bodies within the meaning of
"M1Article 10 of
Regulation (EC) No 1524/98 3.!B
!M4
!B
!M1
!B1998R0293 — EN — 01.07.1999 — 004.001 — 11
!M1
5. The operative event for the agricltural conversion rate applicable to the
processing aid provided for in Article 14 of Regulation (EEC) No 3763/91
shall be the first day of the month of takeover of the products by the processor,as attested to by the supporting documents referred to in Article 22(2) ofRegulation (EC) No 1524/98.
"M16.3For the purpose of determining and paying the aid for
marketing certain agricultural products harvested in the FOD, referred to in
Article 15(1) of Regulation (EEC) No 3763/91, the operative event for theagricultural conversion rate shall be the first day of take over of the products
by the purchaser. Where Article 4 of Regulation (EEC) No 1068/93 applies,
the conversion rate to be used shall be that applicable on the said day.
Article 15
(Poseima)
1. The operative event for the conversion rate applicable to the security
provided for in Article 5(1)(b) of Regulation (EEC) No 2999/92 shall be the
day of submission of the aid certificate application.
2. The operative event for the agricultural conversion rate applicable to the
aid for programmes of initiatives referred to in Article 11 of Regulation
(EEC) No 1600/92 shall be 1 January of the year of execution in progress ofthe programme of initiatives.
3. For the purpose of determining and paying the aid for marketing certain
tropical products harvested in the Azores and Madeira, referred to in Article
12(1) of Regulation (EEC) No 1600/92, the operative event for theagricultural conversion rate shall be the first day of take over of the productsby the purchaser; where Article 4 of Regulation (EEC) No 1068/93 applies,
the conversion rate to be used shall be that applicable on the said day.
4. The operative event for the conversion rate applicable to the amounts in
ecus in Article 13(1) of Regulation (EEC) No 1600/92 shall be the closing
date for the submission of tenders.
5. The operative event for the conversion rate applicable to the aid for the
production of pineapples provided for in Article 30 of Regulation (EEC) No1600/92 shall be the first day of the harvest period in question, within the
meaning of Article 1 of Regulation (EEC) No 3518/92.
Article 16
(Poseican)
1. The operative event for the agricultural conversion rate applicable to the
aid for programmes of initiatives referred to in Article 15 of Regulation(EEC) No 1601/92 shall be 1 January of the year of execution in progress of
the programme of initiatives.
2. For the purpose of determining and paying the aid for marketing certain
tropical products harvested in the Canary Islands, referred to in Article 16(1)of Regulation (EEC) No 1601/92, the operative event for the agricultural
conversion rate shall be the first day of take over of the products by the
purchaser. Where Article 4 of Regulation (EEC) No 1068/93 applies, theconversion rate to be used shall be that applicable on the said day.
3. The operative event for the conversion rate applicable to the amounts in
ecus in Article 17(1) of Regulation (EEC) No 1601/92 shall be the closingdate for the submission of tenders.
Article 17
(Reorganisation of production of apples, pears, peaches and nectarines)
The operative event for
"C1the agricultural conversion rate 3applicable
to the grubbing-up premium referred to in Article 1 of Regulation (EC) No
2200/97 shall be 1 January of the year in which the decision to grant the
premium is taken.!B1998R0293 — EN — 01.07.1999 — 004.001 — 12
TITLE V
GENERAL AND FINAL PROVISIONS
Article 18
For the purposes of this Regulation, take over of a lot shall mean the
commencement of its physical delivery.
Article 19
Regulation (EEC) No 1445/93 is hereby repealed.
Article 20
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1998R0293 — EN — 01.07.1999 — 004.001 — 13