1994R1905 — EN — 27.12.1994 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 1905/94
of 27 July 1994
on detailed rules for the application of Council Regulation (EC) No 399/94 concerning specific
measures for dried grapes
(OJ L 194, 29.7.1994, p. 21)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 3103/94 of 19 December 1994 L 328 19 20.12.1994
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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COMMISSION REGULATION (EC) No 1905/94
of 27 July 1994
ondetailedrulesfortheapplicationofCouncilRegulation(EC)No
399/94 concerning specific measures for dried grapes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 399/94 of 21 February
1994 concerning specific measures for dried grapes (1), and in particular
Article 4 thereof,
Whereas the detailed rules for application in the aformentioned Regula-
tion must deal in particular with the specific measures to be imple-mented, their financing by the Community, the admissibility of applica-tions and the procedure for the acceptance of the measures proposed;
Whereas the nature of the various specific measures that may be
proposed by the representative groups responsible for implementingthem must be defined;
Whereas the measures financed under this Regulation are not eligible
for other Community or national aid;
Whereas appropriate control measures and financial consequences
should be provided for in order to ensure compliance with the obliga-tions under this Regulation;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Products Processedfrom Fruitand Veget ables,
HAS ADOPTED THIS REGULATION:
TITLE I
General provisions
Article 1
For the purposes of this Regulation:
(a) ‘A representative group with members in various branches of the
industry' means any organization, whatever its status, which, as anaplicant, is capable of demonstrating at the time it submits itsapplication, that:
— its members are agricultural enterprises that produce dried
grapes for processing, industrial enterprises that process themand enterprises that market them,
and
— it controls at least half the production of dried grapes of each
variety in the area affected by the measures it proposes toimplement;
(b) ‘Direct action' means any measures that are the subject of a contract
of performance between the Commission and an applicant;
(c) ‘Indirect action' means any measures that are the subject of a
contract of perfomance between a competent body appointed byeach of the Member States and an applicant.
(1) OJ No L 54, 25. 2. 1994, p. 3.
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Article 2
The programme of measures proposed by a representative group may
include one or more of the measures listed in the second paragraph ofArticle 1 of Regulation (EC) No 399/94.
The measures included in the programme may only be implemented
after the contract has been signed. The duration of the proposedperformance of the contract shall be the period indicated in theprogramme accepted according to the procedure described in Articles 8and 9 of this Regulation.
TITLE II
Measures relating to quality
Article 3
1. The vocational training measures referred to under (a) in the
second paragraph of Article 1 of Regulation (EC) No 399/94 shallconcern one or more of the following measures:
— specialized seminars for each category of worker,— training visits,— the publication and distribution of audiovisual reference material,— training courses for quality controllers.
2. The Community shall contribute 90 % towards the financing of
the measures.
3. These measures are indirect action within the meaning of Article 1
(c) of this Regulation.
Article 4
1. The measures to improve transport and storage conditions referred
to under (b) in the second paragraph of Article 1 of Regulation (EC) No399/94 shall concern one or more of the following measures:
— the establishment of reception and pre-sorting points for dried
grapes t hathave notyetbeen processed,
— the purchase of stackable plastic transport crates,— the purchase of pallets,— the purchase of handling equipment,— the equipping of sample control laboratories, and— the purchase of equipment for effective store management.
2. The Community shall contribute 70 % towards the financing of
these measures.
3. These measures are indirect action within the meaning of Article 1
(c) of this Regulation.
Article 5
1. The measures referred to under (c) in the second paragraph of
Article 1 of Regulation (EC) No 399/94 shall comprise the followingmeasures:
— collating results of research already carried out and making them
available to the persons responsible for the enterprises,
— developing effective procedures for carrying out drying, cleaning,
sorting and storage operations on the holding or at the plant,
— developing rules for handling and sorting incoming dried grapes;
creating a classification system compatible with international prac-tice.
2. The Community shall contribute 70 % towards the financing of
these measures.
3. These measures shall be submitted and conducted in direct collab-
oration with institutions and/or bodies competent in these areas.
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4. These measures are indirect action within the meaning of Article 1(c) of this Regulation.
TITLE III
Promotion measures
Article 6
1. The market study referred to under (d) in the second paragraph of
Article 1 of Regulation (EC) No 399/94 shall be carried out by theCommission as provided for in the second subparagraph or Article 2 ofthat Regulation. The study shall be the subject of an invitation to tenderpublished in the ‘C' series of the Official Journal of the European
Communities . It is direct action within the meaning of Article 1 (b) of
this Regulation.
2. The information programme referred to under (e) in the second
paragraph of Article 1 of Regulation (EC) No 399/94 shall be carriedout by the Commission as provided for in the second subparagraph ofArticle 2 of that Regulation. The programme shall be the subject of aninvitation to tender published in the ‘C' series of the Official Journal of
the European Communities . It is direct action within the meaning of
Article 1 (c) of this Regulation.
3. These measures shall be entirely funded by the Community.
TITLE IV
Administration of measures to promote quality
Article 7
The measures referred to in Articles 3, 4 and 5 of this Regulation shall
be proposed by representative groups within the meaning of Article 1(a) of this Regulation, which shall also:
— be qualified to implement the measures proposed, and— be able to guarantee that the works are satisfactorily completed.
Article 8
1. Each applicantmusthave his regist ered place of business in a
Member State.
2. Applications for Community financing shall be lodged, not later
than►
M128 February 1995 ◄, with the competent body in the
Member State in which the applicant has his registered place of busi-ness.
The competent bodies are listed in the Annex hereto.3. Applications shall include:
(a) the name and address and the articles of incorporation of the appli-
cant representative group;
(b) all information relating to the measures proposed, with a detailed
description and reasons, and an indication of the time required forimplementation and the anticipated results;
(c) a summary of programme indicating its main elements;
(d) the price exclusive of taxes offered for each measure, expressed in
ecus, with a breakdown of this amount by item together with thecorresponding financing plan;
(e) the studies on which the proposed measure is based if such studies
are available;
(f) the latest management report available and, where appropriate, the
applicant’s memorandum and articles of association and/or Rules ofProcedure.
4. Applications shall be valid only where they are accompanied by a
written underkating:
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(a) to comply with the provisions of the standard contract and the
management criteria laid down by the Commission and made avail-able to the applicant by the competent body;
(b) to commission an assessment study, at the applicant’s expense, of
the measures caried out, if this is requested by the Commission orby the competent body to which the application for financing hasbeen submitted;
(c) not to accept other Community and national aid for the purposes of
the measures part-financed by the Community under this Regula-tion;
(d) to publicize clearly the Community contribution.
Article 9
1. The competent body shall draw up a list of all the applications for
financing which it has received within the time limit laid down inArticle 8 (2) and shall send it to the Commission with a reasonedopinion on each of them not later than ►
M131 March 1995 ◄.
2. Having informed the Management Committee for Products
processed from Fruit and Vegetables, the Commission shall determinethe successful applications at the earliest opportunity.
Article 10
1. Applicants shall be informed individually of the outcome of their
applications by the competent body as soon as the decision referred toin Article 9 (2) is notified to the Member State.
2. The competent bodies shall conclude contracts for the selected
measures with the successful applicants within one month of noti-fication of the decision to the Member State.
To that end the bodies shall use the standard contract referred to in
Article 8 (4) (a).
3. The contract shall not take effect until a security is lodged in
favour of the competent body equal to 15 % of the amount of theCommunity financing, in order to ensure proper execution.
If proof of the lodging of the security has not been received by the
competent body within two weeks of the date of conclusion of thecontract, the latter shall be void and shall not have any legal effect.
4. Securities shall be lodged in accordance with Commission Regula-
tion (EEC) No 2220/85 (
1).
The primary requirement within the meaning of Article 20 of that
Regulation shall be the implementation within the time limits laid downof the measures contained in the contract referred to in paragraph 2.
5. Failure to comply with the primary requirement or serious failure
to comply with the undertakings listed in Article 8 (4) shall result in thecontract being terminated.
Article 11
1. The applicantmay submita single applicat ion for an advance as
from the date on which the contract takes effect.
The advance may cover a maximum of 30 % of the amount of
Community financing.
Advances shall be paid subject to provision in favour of the competent
body of a security equal to 110 % of the advance, lodged in accordancewith Regulation (EEC) No 2220/85.
(1) OJ No L 205, 3. 8. 1985, p. 5.
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2. Payments shall be made on the basis of quarterly invoices
submitted together with the relevant supporting documents and aninterim report on the performance of the contract up to 70 % of thetotal Community funding. The first invoices shall be submitted threemonths after the date on which the contract takes effect.
3. Applications for the balance shall be submitted to the competent
body not later than the end of the fourth month following completion ofthe measures provided for in the contract. They shall be accompaniedby:
— the relevant supporting documents,— a statement summarizing the measures carried out,— a report assessing the results achieved to date and the use which
may be made thereof.
Exceptin cases of force majeure , failure to lodge applications for the
balance accompanied by the documentation by the final date shall resultin a reduction o f3%o fth e balance per month of delay.
4. The balance shall be paid subject to verification of the documents
referred to in paragraph 3.
In the event of failure to comply with the primary requirement referred
to in the second subparagraph of Article 10 (4), no payment shall bemade exceptin cases of force majeure .
Failure to comply with the other requirements shall result in the balance
being reducec in proportion to the extent of the irregularity recorded.
5. The security referred to in paragraph 1 shall be released at the
momentwhen t he balance has been paid pursuantt o paragraph 4.
However:
(a) if, pursuant to the third subparagraph of paragraph 4, the balance is
reduced and the amount of the advance and of the paymentsreferred to in paragraph 2 exceeds the final amount of the part-financing, the proportion of the security corresponding to theamountoverpaid shall be forfeit ;
(b) failure to submit an application for the balance by the final date
shall result in the security being forfeit in proportion to the reducton in the balance provided for in the second subparagraph ofparagraph 3.
6. The competent body shall make the payments provided for in this
Article within 60 days of receipt of applications for payment of thebalance. However, it may defer the payments where further checks arerequired.
7. The competent body shall forward the assessment reports referred
to in paragraph 3 to the Commission on the 30th day following receiptof the documents referred to in that paragraph, at the latest.
8. The operative event for the agricultural conversion rate in the case
of the measures referred to in Article 6 shall be governed by Article 12(1) of Commission Regulation (EEC) No 1068/93 (
1). The operative
event for the agricultural conversion rate in the case of the measureslisted in Articles 3, 4 and 5 shall be the last day for the submission ofapplications in accordance with Article 8 (2).
Article 12
1. The competent bodies shall take the necessary measures to verify:
— the correctness of the information and supporting documents
supplied,
(1) OJ No L 108, 1. 5. 1993, p. 106.
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— fulfilment of all the contractual obligations,
inter alia by means of technical, administrative and accounting checks
at the premises of the contracting parties and any of their associates.
Without prejudice to Council Regulation (EEC) No 595/91 (1), they
shall inform the Commission immediately in writing of any irregulari-ties discovered.
2. The Commission may monitor implementation of the measures, in
particular by organizing meetings of experts and by means of on-the-spotchecks.
Article 13
1. In the case of undue payment, the beneficiary shall be obliged to
reimburse the amounts in question plus interest calculated on the basisof the time elapsing between payment and reimbursement by the benefi-ciary.
The interest rate applicable shall be the rate applied by the European
Monetary Cooperation Fund to its operations in ecus, as published inthe ‘C' series of the Official Journal of the European Communities, in
force on the date of the undue payment, plus three percentage points.
2. Amounts recovered, together with interest, shall be paid to the
disbursing agencies or departments and deducted by the latter fromexpenditure financed by the European Agricultural Guidance and Guar-antee Fund.
Article 14
This Regulation shall enter into force on the seventh 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.
(1) OJ No L 67, 14. 3. 1991, p. 11.
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ANNEX
LIST OF COMPETENT BODIES PURSUANT TO ARTICLE 8 (2)
Member State Competent body
B Bureau d’intervention et de restitution belge (BIRB)
Rue de Trèves 82B-1040 Bruxelles
Belgisch Interventie- en Restitutiebureau (BIRB)Trierstraat 82B-1040 Brussel
DK EF-DirektoratetNyropsgade 26DK-1602 København V
D Bundesamt für Ernährung und Forstwirtschaft (BEF)Adickesallee 40D-60322 Frankfurtam MainPostfach 18 01 07D-60082 Frankfurtam Main
GR Direction for the management of agricultural products (DIDAGEP)241 Acharnon StreetGR-104 46 Athènes
E Ministerio de Agricultura, Pesca y AlimentaciónSecretaría General de AlimentaciónPaseo Infanta Isabel 1E-28014 Madrid
F Office national interprofessionnel des fruits, des légumes et de l’horticulture(Oniflhor)164, rue de JavelF-75015 Paris
IRL Department of agriculture, food and forestryAgriculture House (7W)Kildare StreetIRL-Dublin 2
I Ente per gli Interventi nel mercato agricolo (EIMA)Via Palestro 81I-00185 Roma
L Administration des services techniques de l’agriculture16, route d’EschL-1470 Luxembourg
NL Produktschap voor groenten en fruitBezuidenhoutseweg 153NL-2594 AG ’s-Gravenhage
P Instituto Nacional de Intervenção e Garantia Agrícola (INGA)Rua Camilo Castelo Branco, n
o45, 2o
P-1000 Lisboa
UK Intervention Board Executive AgencyFountain House2 Queen’s WalkUK-Reading, Berks RG1 7QW