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"B COMMISSION REGULATION (EEC) No 1858/93
of 9 July 1993
laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the aid scheme to
compensate for loss of income from marketing in the banana sector
(OJ L 170, 13.7.1993, p. 5)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 705/94 of 29 March 1994 L 85 7 30.3.1994
"M2 Commission Regulation (EC) No 796/95 of 7 April 1995 L 80 17 8.4.19951993R1858 — EN — 01.03.1995 — 002.001 — 1
COMMISSION REGULATION (EEC) No 1858/93
of 9 July 1993
laying down detailed rules for applying Council Regulation (EEC) No
404/93 as regards the aid scheme to compensate for loss of income from
marketing in the banana sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993
on the common organization of the market in bananas (
1), and in particular
Articles 12 (4) and (8), 14 and 30 thereof;
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 (2), and in particular Article 6 (2)
thereof,
Whereas, in order to ensure that Community production is maintained and in
order not to put producers in a situation which is less favourable than theircurrent one, Regulation (EEC) No 404/93 provides for compensatory aid inorder to cover the loss of income, likely to result from the application of the
new scheme;
Whereas in order to be eligible for the compensatory aid the bananas must
comply with Community quality standards; whereas, however, pending the
entry into force of these standards, provision should be made for the bananasto be graded, packed and removed from the packing shed so that they may bemarketed;
Whereas, for determining the ‘flat-rate reference income’, account should be
taken of the mot recent years for which complete data are available; whereas
this flat-rate reference income must be calculated for the ex packing shed
stage and must correspond to the average of the prices at the delivered at firstport of unloading in the rest of the Community stage for bananas produced inthe most representative regions on the Community, less the average costs of
transport and delivery FOB;
Whereas the ‘average production income’ must be calculated for each year for
the same ex-packing shed stage on the basis of the information to be provided
by the Member States;
Whereas the mechanism for reducing, by region and producer, the quantities
of bananas marketed for which aid is granted should be determined, to providefor the situation where the volumes indicated in applications exceed thequantities laid down pursuant to Article 12 of Regulation (EEC) No 404/93;
whereas this mechanism must make possible some offsetting between the
various production regions within the overall quantity laid down in Regulation(EEC) No 404/93 and operate in proportion to the quantities marketed, in the
case of both the production regions and individual producers;
Whereas detailed rules on the submission of applications and the payment of
the compensatory aid should be laid down; whereas, in view of the fact that
the compensatory aid for a given year cannot be determined and paid until thebeginning of the following year, it is necessary to grant advances in order tomaintain normal disposal of Community produce and achieve the measures
objective; whereas, however, these advances must be paid subject to a security
to cover the possibility of the aid eventually paid being less than the total ofthe advances;
Whereas Regulation (EEC) No 404/93 lays down that the compensatory aid is
to be granted to producers who are members of a recognized producers’organization within the meaning of Article 5 of that Regulation; whereas,
pending the creation of these organizations and their recognition, it is
necessary to make provision for aid applications to be submitted by individualproducers;!B
(1) OJ No L 47, 25. 2. 1993, p. 1.
(2) OJ No L 387, 31. 12. 1992, p. 1.1993R1858 — EN — 01.03.1995 — 002.001 — 2
Whereas the economic objective of the aid is attained when the bananas are
marketed; whereas, however, to take account of the market organizationsystem, the agricultural conversion rate applicable at the beginning of eachquarterly marketing period should be used to convert the aid and advances
into national currency;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
The compensatory aid provided for in Article 12 of Regulation (EEC) No
404/93 shall be granted for the marketing of fresh bananas falling within CN
code
ex 0803, excluding plantains, which comply with the quality standards laiddown pursuant to Title I of that Regulation.
Pending the entry into force of Community quality standards, the aid shall be
paid for products intended to be delivered fresh to the consumer, graded and
packed, and removed from the packing shed with a view to marketing.
Article 2
1. The ‘flat-rate reference income’ referred to in Article 12 (4) of
Regulation (EEC) No 404/93 shall be determined on the basis of the daterecorded during the 1991. It shall be calculated for the ex packing shed stage.
2. The flat-rate reference income shall be ECU 59,29/100 kg net weight of
green bananas ex-packing shed.
Article 3
1. The ‘average production income’ for Community bananas referred to in
Article 12 (5) in Regulation (EEC) No 404/93 shall be calculated for the ex
packing shed stage.
2. The average production income shall be determined for each year on the
basis of the average of the prices at the delivered at first port of unloading in
the rest of the Community stage, of bananas from the most representative
producer regions in the Community, less the average costs of transport anddelivery fob.
Article 4
1. Applications for advances may be submitted in accordance with the
timetable laid down in Article 7 (2).
2. The amount of each advance shall be determined by multiplying the
quantities marketed during the period in question by a average 70 % of theamount of aid paid in respect of the preceding year.
3. Payment of the advance shall be subject to the lodging of a security. The
amount of this security shall be fixed at 50 % of the advance.
4. The security shall be forfeit in proportion to the part of the aid usually
paid where:
— the definitive amount of the aid proves to be less than the amount of the
advances, and/or
— the quantities of bananas marketed for which advances have been applied
for exceeds the total quantity of production referred to in Article 12 (2) of
Regulation (EEC) No 404/93.
5. The security shall be released as soon as the definitive aid is paid by the
competent authorities.!B
!M2
!B
!M1
!B1993R1858 — EN — 01.03.1995 — 002.001 — 3
Article 5
Applications for compensatory aid and advances shall be submitted by the
recognized producers’ organizations within the meaning of Article 5 of
Regulation (EEC) No 404/93. They shall cover the quantities marketed byeach producer through the producers, organization.
However, in the case of the quantities marketed up to the end of 1994,
applications may be submitted directly by individual producers.
Article 6
1. For the second half of 1993, the amount of the advance shall be a
maximum of ECU 13,4/100 kg.
2. The amount of the security to be lodged when applications for advances
are submitted for the second half of 1993 shall be ECU 6,7/100 kg.
3. The maximum quantity of Community bananas marketed which is
eligible for the compensatory aid for the second half of 1993 shall be 427 000tonnes net weight and shall be broken down by Community producer region
as follows:
— 210 000 tonnes for the Canary Islands,— 75 000 tonnes for Guadeloupe,— 109 500 tonnes for Martinique,— 25 000 tonnes for Madeira, the Azores and the Algarve,— 7 500 tonnes for Crete and Lakonia.
Article 7
1. Applications for compensatory id and advances shall be submitted to the
competent authorities designated by each Member State in which the products
are harvested.
2. Applications shall be submitted:(a) in the case of advances, in the first 10 days of March, May, July,
September and November in the case of bananas actually marketed
during the two-month period preceding the month of application.
For the second half of 1993 an application for a special advance may be
submitted before 15 July 1993. Such application shall be accompanied by
the lodging of a security corresponding to 50 % of the amount of thespecial advance. This amount shall be established on the basis of thequantities for which proof is supplied that they were actually marketed in
July 1992. Payment shall be made before the end of July 1993. An
adjustment shall be made when the advance for bananas marketed duringJuly and August 1993 is paid;
(b) in the case of payment of the balance of the aid, in the first 10 days of
January of the year following that in respect of which the aid is applied
for. The balance shall comprise:
— the aid for bananas marketed during November and December, and— where applicable, the adjustment to the amounts paid for bananas
marketed during the periods referred to in (a), on the basis of the
definitive amount of aid.
3. Applications shall include the following information at least:— the names, first names and addresses of the individual producers,— the name and address of the producers’ organization submitting the
application,
— the quantities of bananas produced and marketed during the period in
question. Applications for the balance shall cover the total quantities
marketed during the year in question.
4. Applications shall be accompanied by:— certificates of conformity,— sales invoices,!B1993R1858 — EN — 01.03.1995 — 002.001 — 4
— the documents relating to transport, for bananas marketed outside the
production region, or
— any other useful supporting document providing proof of marketing.5. Applications for payment of the balance may not be accompanied by
supporting documents submitted for applications for advances.
Article 8
Member States shall inform the Commission forthwith, at the end of each
period for lodging applications referred to in Article 7, of the quantities
actually marketed for which applications for payment have been submitted.
As regards the second half of 1993, when applying for the advance for the
July-August period they shall communicate the quantities of bananasmarketed in 1992 used to calculate the amount of the special advance paidin July.
Article 9
1. Where the quantities laid down for each region in Article 12 (2) of
Regulation (EEC) No 404/93 are exceeded, the aid shall be granted for all the
quantities applied for, up to a total quantity of 854 000 tonnes net weight and,in the case of the second half of 1993, up to a maximum of 427 000 tonnes.
2. If the total quantity actually marketed exceeds 854 000 tonnes and
427 000 tonnes for the second half of 1993, the quantities marketed giving
entitlement to the aid shall be reduced for each producer region concerned in
proportion to the overrun of the quantity fixed for that region.
The Commission shall fix the reduction percentages applicable for each
region and shall inform the Member States thereof.
Where the second subparagraph is applied, the competent authorities shall
apply the uniform reduction percentage to the quantities presented in each aid
application.
Article 10
The competent national authorities, after verifying aid applications and the
supporting documents, shall pay the amount of the advance or the definitiveaid, as the case may be, within the two months following that in which the
application was lodged.
Article 11
The rate applicable for conversion of the amount of advances and aid into
national currency shall be the agricultural conversion rate in force on the firstday of each of the marketing periods defined in Article 7 (2). The rate
applicable for bananas marketed during the period from 1 November to 31
December shall be the agricultural conversion rate in force on 1 November.
The agricultural conversion rate in force on 1 July 1993 shall be used to
convert the amount of the special advance into national currency.
Article 12
1. Where aid is paid unduly in respect of bananas which have not been
marketed in accordance with Article 1, the competent authorities shall recover
the amounts paid, plus interest calculated from the date of payment of the aid
up to effective recovery thereof. The rate of interest to be applied shall be thatin force for similar recovery operations under national law. This rate may notbe lower than the reference rate referred to in the Annex as applied in the
Member State concerned on the day of payment, plus one percentage point.
Member States may decide not to collect interest if it amounts to ECU 20 orless.
2. The aid recovered and, where applicable, the interest shall be paid to the
paying agencies or authorities and deducted by them from the expenditure
financed by the European Agricultural Guidance and Guarantee Fund,
Guarantee Section.!B1993R1858 — EN — 01.03.1995 — 002.001 — 5
Article 13
Producer Member States shall inform the Commission each month of the
following:
— the quantities marketed during the preceding month broken down by
those placed on regional markets and those sent to the rest of the
Community, together with forecasts for the current month,
— the production trend for the marketing year, and
— trends in the quantities available in ripening depots.Trends in the price of Community bananas at the various stages of the chain of
production up to the wholesale and retail stages, and of bananas originating in
third countries from the cif stage up to the retail stage, shall be sent to the
Commission each week by the aforementioned Member States.
Article 14
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1993R1858 — EN — 01.03.1995 — 002.001 — 6
ANNEX
1. Belgium:
Brussels interbank borrowing offered-rate three months.
2. Denmark:
Yield on issue of 12-month Treasury bonds.
3. Germany:
Frankfurt interbank borrowing offered-rate three months.
4. Greece:
Yield on issue of three-month Treasury bonds.
5. France:
Paris interbank borrowing offered-rate three months.
6. Spain:
Madrid interbank borrowing offered-rate three months.
7. Ireland:
Dublin interbank borrowing offered-rate three months.
8. Italy:
Yield on issue of three-month Treasury bonds
9. Luxembourg:
Interbank rate three months
10. Netherlands:
Amsterdam interbank borrowing offered-rate three months.
11. Portugal:
Lisbon interbank borrowing offered-rate three months.
12. United Kingdom:
London interbank borrowing offered-rate three months.!B1993R1858 — EN — 01.03.1995 — 002.001 — 7