This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (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
(OJ L 100, 17.4.1997, p. 22)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1946/97 of 6 October 1997 L 274 4 7.10.1997
"M2 Commission Regulation (EC) No 1490/98 of 13 July 1998 L 196 7 14.7.1998
Corrected by:
"C1 Corrigendum, OJ L 123, 15.5.1997, p. 25 (659/97)
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).1997R0659 — EN — 17.07.1998 — 002.001 — 1
COMMISSION REGULATION (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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on
the common organization of the market in fruit and vegetables (1), and in
particular Articles 30 (6), 48 and 57 thereof,
Whereas Title IV of Regulation (EC) No 2200/96 establishes the intervention
arrangements for the products referred to in Article 1 (2) thereof; whereas the
detailed rules of application must therefore be laid down;
Whereas, in relation to products, the terms ‘not put up for sale’ and
‘withdrawn from the market’ should be treated as equivalent and should be
included in a single definition; whereas it should also be clarified that theprovisions on packaging requirements do not apply to the products withdrawnfrom the market;
Whereas the marketing years for the products listed in Annex II to Regulation
(EC) No 2200/96 must be established;
Whereas, to apply the limits laid down in Article 23 and 24 of Regulation
(EC) No 2200/96, the ‘marketed quantity’ of a given product marketed by aproducer organization must be defined, taking account of the productionactually disposed of by the producer organization in question, the production
from other producer organizations and the production of producers not
affiliated to any producer organization;
Whereas Article 28 of Regulation (EC) No 2200/96 requires Member States
to notify the Commission of the prices recorded on representative producer
markets for certain products and for certain periods; whereas a list of thosemarkets and of the products in question should therefore be drawn up;
Whereas Article 26 of Regulation (EC) No 2200/96 establishes the
Community withdrawal compensation for the products listed in Annex II tothat Regulation; whereas a system should be introduced for paying thiscompensation in such a way as to ensure that the limits laid down in Article 23
of Regulation (EC) No 2200/96 are complied with at all times;
Whereas, to prevent irregularities in applying the scheme and to ensure its
transparency, the producer organizations must notify the responsible monitor-
ing authorities in advance of each withdrawal; whereas, in the absence of this
notification, the product can be disposed of only after authorization from theMember State; whereas, furthermore, a communications system for theproducer organizations and the Member States should be set up;
Whereas, for the implementation of Article 25 of Regulation (EC) No
2200/96, the time limits should be laid down for presenting the measurestaken by the Member States to ensure environmentally sound practice in the
withdrawal operations;
Whereas the first, second and third indents of point (a) of Article 30 (1) of
Regulation (EC) No 2200/96 provide that the fruit and vegetables withdrawn
from the market in accordance with Article 23 (1) and which remain unsold
may be distributed free, both within and outside the Co7mmunity, ashumanitarian aid to certain needy categories of the population through
charitable organizations; whereas the charitable organizations should be
approved beforehand;
Whereas, in the case of free distribution of fruit and vegetables withdrawn
from the market, the transport costs are to be borne by the Community
pursuant to Article 30 (6) of Regulation (EC) No 2200/96; whereas it must bestipulated that those costs must be paid to the consignor who has borne thecost of transport; whereas flat rates should be laid down for the defrayal of
such costs;!B
(1) OJ No L 297, 21. 11. 1996, p. 1.1997R0659 — EN — 17.07.1998 — 002.001 — 2
Whereas, in the case of free distribution of apples and citrus fruits withdrawn
from the market, the actual costs of sorting and packaging may be defrayed bythe Community pursuant to Article 30 (6) of Regulation (EC) No 2200/96, upto a specific limit; whereas, to qualify for this measure, the charitable
organizations and the producer organizations must conclude contractual
agreements; whereas provisions governing such agreements should be laiddown;
Whereas the procedures for the physical and documentary monitoring of the
intervention and free distribution operations must be laid down; whereas, incases of infringement, deterrent penalties that are in line with the seriousness
of the offence should be stipulated; whereas the monitoring operations must
cover the producer organizations and charitable organizations involved;
Whereas, for the 1997 marketing year and as a transitional measure, producer
organizations which have submitted an operational programme in accordance
with Commission Regulation (EC) No 411/97 (
1) should be allowed to
supplement the Community withdrawal compensation;
Whereas it is necessary to repeal Commission Regulation (EEC) No
3587/86 (2), as last amended by Regulation (EC) No 1363/95 (3), Commission
Regulation (EEC) No 827/90 (4), as last amended by Regulation (EC) No
771/95 (5), Commission Regulation (EEC) No 2103/90 (6), as amended by
Regulation (EC) No 1363/95, Regulation (EEC) No 2276/92 (7), as last
amended by Regulation (EC) No 1363/95, and Commission Regulation (EC)No 113/97 (
8), whose provisions have become obsolete or are to be replaced
by this Regulation;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Fresh Fruit and Vegetables and
the Committee of the European Agricultural Guidance and Guarantee Fund,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Intervention arrangements
Article 1
This Regulation lays down the detailed rules for the application of the
intervention arrangements provided for in Title IV of Regulation (EC) No
2200/96 and applies to the products referred to in Article 1 (2) thereof.
Article 2
1. For the purposes of this Regulation, products ‘withdrawn from the
market’ and ‘not put up for sale’ mean products which are not sold via a
producer organization, in accordance with the intervention arrangements
referred to in Regulation (EC) No 2200/96.
2. Where standards have been adopted pursuant to Article 2 of Regulation
(EC) No 2200/96, products withdrawn from the market comply with those
standards, with the exception of the provisions on the presentation andmarking of the product. Products may be withdrawn without sizing by quality
class, provided that the lower limit for class II is met.
However, tomatoes withdrawn from 16 July to 15 October must comply with
the marketing standard laid down in Regulation (EEC) No 778/83.
3. Where no marketing standards have been adopted pursuant to Article 2 of
Regulation (EC) No 2200/96, the minimum requirements laid down in AnnexVII must be met. Member States may lay down provisions supplementing
those minimum requirements.!B
(1) OJ No L 62, 4. 3. 1997, p. 9.
(2) OJ No L 334, 27. 11. 1986, p. 1.
(3) OJ No L 132, 16. 6. 1995, p. 8.
(4) OJ No L 86, 31. 3. 1990, p. 13.
(5) OJ No L 77, 6. 4. 1995, p. 9.
(6) OJ No L 191, 24. 7. 1990, p. 19.
(7) OJ No L 220, 5. 8. 1992, p. 22.
(8) OJ No L 20, 23. 1. 1997, p. 26.!M21997R0659 — EN — 17.07.1998 — 002.001 — 3
Article 3
1. For each product the ‘marketed quantity’ of a producer organization, as
referred to in Article 23 (3) of Regulation (EC) No 2200/96, shall be the sum
of:
(a) the production of members actually sold through the producer
organization or processed by it;
(b) the production of members of a producer organization sold directly by its
members as provided for in the first and fourth indents of Article 11 (1)
(c) (3) of Regulation (EC) No 2200/96;
(c) the production of members of other producer organizations marketed
through the producer organization concerned in accordance with the
second and third indents of Article 11 (1) (c) (3) thereof.
The marketed quantity referred to in the first subparagraph shall not include
the marketed production of members of a producer organization who areauthorized to sell in accordance with the second and third indents of Article11 (1) (c) (3).
2. The marketed production referred to in Article 23 (4) of Regulation (EC)
No 2200/96 shall be equivalent to the marketed quantity as defined inparagraph 1.
Article 4
The marketing years for products qualifying for Community withdrawal
compensation in accordance with Article 23 (3) of Regulation (EC) No2200/96 shall be as listed in Annex I to this Regulation.
The marketing years for products listed in Article 1 (2) of Regulation (EC) No
2200/96 other than those referred to in the first paragraph shall run from 1
January to 31 December.
Article 5
1. For the products listed in Annex II to Regulation (EC) No 2200/96,
payment of the Community withdrawal compensation referred to in Article 26
of that Regulation shall be subject to presentation, to the competent authority
of the Member State, of an application by the producer organizations referredto in Articles 11 and 13 thereof or by associations of such organizations.
Where Article 13 (3) of Regulation (EC) No 2200/96 is applied, the producer
organization concerned shall no longer benefit from the provisions laid down
in the said Regulation.
2. The application referred to in paragraph 1 shall cover a period of at least
one month. It shall be accompanied by supporting documents confirming thequantity of each product marketed and the quantity of each product not put up
for sale by the producer organization, and specifying:
(a) the production of members actually sold through the producer
organization or processed by it;
(b) the production of members of other producer organizations marketed
through the producer organization concerned in accordance with the
second and third indents of Article 11 (1) (c) (3) of Regulation (EC) No
2200/96;
(c) the production delivered by each grower who is not a member of any
producer organization in accordance with Article 24 of that Regulation.
3. When considering each application, the Member States shall ensure that
the quantity not put up for sale since the beginning of the marketing year in
question complies with the limits laid down in Articles 23 and 24 ofRegulation (EC) No 2200/96. If these limits have been exceeded, the
Community withdrawal compensation shall be paid only with due regard to
these limits and to the compensation already paid. Surplus quantities shall beincluded when the next application is considered.!B1997R0659 — EN — 17.07.1998 — 002.001 — 4
!M2
Article 6
1. Article 2 of this Regulation notwithstanding, Regulation (EC) No 411/97
shall apply to the payment of withdrawal compensation for products not listed
in Annex II to Regulation (EC) No 2200/96 and for the grant of a supplement
to the Community withdrawal compensation provided for in Article 15(3)(a)and (b) of Regulation (EC) No 2200/96.
2. The maximum prices applying to the 1995/96 marketing year and the
supplements which the Member States applying the second subparagraph of
Article 15(3) of Regulation (EC) No 2200/96 may not exceed are set out in
Annex VIII.
3. Member States which set a maximum level for the supplement to the
Community withdrawal compensation under the second subparagraph of
Article 15(3) of Regulation (EC) No 2200/96 shall take account of the
following:
— withdrawals are a short-term instrument to stabilise supply on the market
in fresh products,
— withdrawals must in no case constitute an outlet substituting the market,— withdrawals must not disturb management of the market in fruit and
vegetables intended for processing.
One month before the start of the marketing year, Member States shall notify
the maximum levels of the supplements set for each product in Annex II.
In the special case of tomatoes intended for processing, the supplement to be
set must be at a level such that the sum of the Community withdrawalcompensation and the supplement thus set does not exceed the minimum price
for processing set for the marketing year in question under Regulation (EC)
No 2201/96.
Article 7
1. The representative markets referred to in Article 28 (1) of Regulation
(EC) No 2200/96 shall be those listed in Annex II to this Regulation.
2. Member States shall inform the Commission weekly by electronic mail
for each marketing day of the production prices recorded on the representativemarkets for the products and during the periods listed in Annex III. TheCommission shall forward this information to the Member States.
Article 8
1. The producer organizations or associations thereof shall notify each
withdrawal operation at least 24 hours in advance to the competent nationalauthorities, listing the products intended for intervention together with the
estimated quantity of each product concerned.
However, if it has not been possible to give prior notice of a withdrawal
operation the products withdrawn may not be disposed of until the MemberState has given its authorization.
The producer organisations shall certify that the products withdrawn comply
with the standards in force where such standards have been adopted pursuantto Article 2 of Regulation (EC) No 2200/96 or, where, no such standards exist,
the minimum requirements laid down in Annex VII.
The producer organisations shall notify the competent national authorities of
the measures taken in accordance with the national framework referred to inArticle 10 with a view to protecting the environment during withdrawaloperations.
2. The producer organizations or associations thereof shall supply the
following information to the Member States, which shall communicate it to
the Commission:
(a) the stocks of apples and pears available on the first day of each month;
(b) by no later than two months after the start of each marketing year, an
estimate of the areas cultivated per product listed in Annex II and, whereapplicable, per variety.!B
!M2
!B
!M21997R0659 — EN — 17.07.1998 — 002.001 — 5
3. Member States shall take, if necessary, measures to ensure that farmers
who are members of any producer organisation are actually allowed thebenefits of the intervention scheme provided for in Article 23 of Regulation(EC) No 2200/96.
Article 9
1. Before the 10th day of each month, the Member States shall forward to
the Commission by electronic mail an estimate of the products not put up for
sale in the previous month, broken down by product.
2. At the end of each marketing year, the Member States shall forward to the
Commission for each product concerned the details set out in Annex IV . These
details shall be sent:
(a) not later than 30 June following each marketing year in the case of
tomatoes, aubergines, cauliflowers, apricots, peaches, nectarines, grapes,melons, watermelons and products not listed in Annex II to Regulation
(EC) No 2200/96;
(b) not later than 30 November following each marketing year in the case of
lemons, pears, apples, satsumas, clementines and sweet oranges.
3. If the Member States do not forward the details referred to in paragraph
2, or if those forwarded details appear erroneous in the light of the objectivefacts in the Commission’ s possession, the Commission may suspend paymentof the advance payments on the defrayal of expenses referred to in Article 5
(2) (a) of Council Regulation (EEC) No 729/70 (
1) pending the forwarding of
the requisite details.
Article 10
Member States shall notify to the Commission by 15 September 1997 at the
latest the national framework provided for in the third paragraph of Article 25of Regulation (EC) No 2200/96.
Member States shall inform the Commission of any amendments to the
abovementioned framework.
CHAPTER II
Free distribution
Article 11
1. In accordance with the first and third indents of Article 30 (1) (a) of
Regulation (EC) No 2200/96, products withdrawn from the market during agiven marketing year may be made available to charitable organizationsapproved by the Member States for free distribution, at their request.
2. In order to qualify for approval, the charitable organizations shall
undertake to:
(a) comply with this Regulation;(b) keep separate accounts for the operations in question;
(c) accept the checks provided for by Community provisions.
3. Member States shall approve charitable organizations in at least one of
the following categories:
(a) charitable organizations authorized to distribute on the Member State’s
territory products which have been withdrawn there;
(b) charitable organizations authorized to distribute on Community territory;(c) charitable organizations authorized to distribute Community products in
third countries.!M2
(1) OJ No L 94, 28. 4. 1970, p. 13.!B1997R0659 — EN — 17.07.1998 — 002.001 — 6
Member States shall notify lists of approved charitable organizations as
referred to in points (b) and (c) of the first subparagraph to the Commission,which shall publish them in the ‘C’ series of the Official Journal of the
European Communities .
Article 12
The institutions as referred to in the second indent of Article 30 (1) (a)
"M2and (b) 3of Regulation (EC) No 2200/96 which are designated by
the Member States must comply with the conditions pursuant to Article 11 (2)
of this Regulation.
Rest homes, day-nurseries, psychiatric establishments and other social,
educational and-or health institutions shall be treated in the same way as thoseinstitutions.
Article 13
Member States shall take measures to facilitate contacts and operations
between the producer organizations concerned and the charitable organiz-
ations approved in accordance with Article 11 (2).
At the end of each marketing year, Member States shall forward to the
Commission the information specified in Annex VI concerning the freedistribution operations.
Article 14
1. Free distribution outside the Community as part of humanitarian aid shall
be carried out by the charitable organizations referred to in Article 11 (3) (c)in accordance with paragraphs 2 and 3 of this Article.
2. The products dispatched shall not be eligible for export refunds. The
customs export document, the transit document and any T5 document issuedshall be endorsed ‘without refund’.
3. Member States shall submit plans to the Commission for each free
distribution operation, together with:
— the names of the producer organisations withdrawing the products in
question,
— the quantity intended to be distributed,
— the names of the charitable organisations approved by the Member State
and responsible for the operation,
— the substance of the agreements as provided for in Article 16(4),— the names of the charitable organisations in charge of distribution in the
third countries,
— the agreements with the third countries concerned,
— details of the means of transport to be used.
They shall send the Commission copies of the notifications to the FAO
Consultative Subcommittee on Surplus Disposal after the operation has been
authorised by the Commission.
The Commission shall decide on a case-by-case basis whether to authorise
such operations in the light in particular of the guarantees of successful
conclusion and the situation on the market.
At the end of each operation, the Member States shall send the Commission
the information specified in Annex VI. On request, they shall report to theCommission on the operation’s implementation in the third countries.!B
!M2
!B
!M21997R0659 — EN — 17.07.1998 — 002.001 — 7
Article 15
1. The costs of transport linked to the free distribution of all products
withdrawn from the market shall be met by the Guarantee Section of theEuropean Agricultural Guidance and Guarantee Fund (EAGGF) on the basisof the flat-rate amounts determined in accordance with the distance between
the point of withdrawal and the place of delivery set out in Annex V .
In the case of free distribution outside the Community, the flat-rate amounts
set out in Annex V shall cover the distance between the point of withdrawaland the point of exit from the Community.
"M2In the case of transport by
sea, the Commission shall determine the transport costs which may be
defrayed on the basis of the real costs of transport and the distance. Thecompensation thus determined may not exceed the costs of land transport over
the shortest distance between the place of loading and the theoretical point of
exit. A correcting factor of 0,6 shall be applied to the amounts referred to inpoint 1 of Annex V .
3
2. The transport costs shall be paid to the consignor who has actually borne
the financial cost of the transport operation in question.
Payment of the said amounts shall be subject to presentation of supporting
documents, certifying, in particular:
— the names of the beneficiary bodies,
— the quantity of the products concerned,
— take-over by the beneficiary bodies,— the means of transport used.
Article 15a
"M2Up to and including the 2000/01 marketing year 3:
1. a flat-rate amount of ECU 7/100 kg shall be granted to producer
organizations for products, other than apples and citrus fruit, withdrawnfrom the market for free distribution in accordance with Articles 11, 12
and 14 in packages of less than 25 kg;
2. payment of the said amount shall be subject to presentation of supporting
documents, certifying, in particular:
— the names of the beneficiary bodies,
— the quantity of the products concerned,
— the cost of wrapping,— acceptance by the charitable organization concerned;
3. before the 10th day of each month, the Member States shall notify the
Commission, by electronic mail, of the quantity of products distributed
free during the previous month but one for which the amount referred toin paragraph 1 has been granted.
Article 16
1. In the case of apples and citrus fruits withdrawn from the market, the
costs of sorting and packaging linked to free distribution shall be borne by the
Guarantee Section of the EAGGF , up to the amount set out in paragraph 2 of
Annex V , where free distribution is performed under a contractual agreementbetween the producer organizations and the charitable organizationsconcerned.
2. For the purposes of paragraph 1 the producer organizations shall, at the
start of the marketing year, enter into contractual agreements with charitableorganizations approved in accordance with Article 11 (2) and (3) and notifythem to the competent national authorities as soon as they are concluded. The
authorities in question may set a final date for the conclusion of such
agreements.!B
!M2
!B
!M1
!B1997R0659 — EN — 17.07.1998 — 002.001 — 8
3. Agreements shall be concluded subject to there being products withdrawn
from the market. The quantities stipulated in the agreements may be increasedduring the marketing year, depending on the market situation.
4. Agreements shall be concluded for a single marketing year within the
meaning of Regulation (EC) No 2200/96 and shall specify:
— the likely quantity of each product,— the means of transport envisaged,
— the planned rate of delivery,
— the agreed place where the product will be made available,
— the obligation on the producer organization to make available ready
sorted products packed in packages of less than 25 kg,
— an estimate of beneficiaries by administrative unit.5. Member States shall forward to the Commission, not later than one
month after the conclusion of the agreements, the information specified in
paragraph 4.
6. Payment of the costs of sorting and packaging shall be made to the
producer organizations which performed the sorting and packaging and shall
be subject to the presentation of supporting documents, certifying, inparticular:
— the names of the beneficiary bodies,
— the quantity of the products concerned,— the actual costs of sorting and packaging,
— take-over by the beneficiary bodies.
CHAPTER III
Checks and penalties
Article 17
1. Member States shall take all the necessary measures to ensure that the
provisions of Title IV of Regulation (EC) No 2200/96 are complied with, andin particular those set out in paragraphs 2, 3 and 4 of this Article.
2. Member States shall perform physical and documentary checks on the
withdrawals made by all producer organizations at least once during themarketing year. For each product, these checks shall involve at least 20 % ofthe total quantity withdrawn.
They shall, in addition, ensure that the products not put up for sale comply
with the standards in force if such standards have been adopted pursuant toArticle 2 (2) of Regulation (EC) No 2200/96.
In cases where Article 30 (2) of Regulation (EC) No 2200/96 applies,
Member States shall check all the quantities withdrawn.
3. Member States shall carry out documentary checks on intervention
operations to ensure that the accounts are correct and that there is effective
verification of compliance with the conditions for payment of the Community
withdrawal compensation or of financing from the operational fund referredto in Article 15 (1) of Regulation (EC) No 2200/96.
Checks shall be undertaken on each producer organization at least once each
marketing year and, for each product, must involve at least 10 % of theapplications for payment.
4. Where checks reveal significant irregularities, the competent authorities
shall carry out additional checks during the marketing year in progress andshall increase the frequency of checks in the following marketing year.!B
!M2
!B1997R0659 — EN — 17.07.1998 — 002.001 — 9
Article 18
1. Member States shall take the necessary measures to ensure that free
distribution operations both inside and outside the Community comply withthe provisions in force.
They shall, in particular:
(a) ensure that the operations in question are properly carried out;
(b) verify the final use made of the products by the charitable organization,
in particular by demanding from them a certificate of acceptancecertifying the use of the products;
(c) check the final destination of the products.
2. Checks shall be both documentary and physical and shall concern both
the producer organizations and the charitable bodies concerned. They may berandom in nature and each year shall cover at least 10 % of the quantities
distributed.
3. With regard to distribution within the Community and without prejudice
to Article 39 of Regulation (EC) No 2200/96, the competent authorities of theMember State on whose territory the free distribution takes place shall
undertake checks on the use of the products and their final destination.
4. At the request of the Member State, the Commission shall assist it in
monitoring free distribution operations outside the Community.
Article 19
1. The beneficiary of Community withdrawal compensation or of financing
from the operational fund shall be under the obligation to pay back double theamounts unduly paid, plus interest calculated by reference to the time that has
elapsed between payment and reimbursement by the beneficiary where checks
carried out in accordance with Article 17 show that:
(a) the products not put up for sale do not comply with the provisions on
standards laid down in Article 2 of Regulation (EC) No 2200/96;
(b) the products not put up for sale have not been disposed of as provided for
in Article 30 of that Regulation;
(c) the disposal of the products not put up for sale causes substantial
environmental damage.
However, the penalty referred to in the first subparagraph shall not be applied
where the beneficiary proves to the satisfaction of the competent nationalauthority that the irregularities were not intentional on his part or were not the
result of gross negligence. In such cases, the beneficiary shall repay only the
amount unduly paid, plus interest.
The rate of interest shall be that applied by the European Monetary Institute to
transactions in ecus published in the ‘C’ series of the Official Journal of the
European Communities and in force on the date on which undue payment is
made, plus three percentage points.
2. Sums recovered, with the interest accrued, shall be paid to the responsible
paying agency and deducted from expenditure financed by the EAGGF .
3. In the event of a false declaration made deliberately or by serious
negligence, the producers’ organization concerned shall be debarred fromreceiving Community withdrawal compensation for the marketing yearfollowing that in respect of which the false declaration was discovered.
Article 20
1. Where irregularities attributable to producer organizations or to approved
charitable bodies or institutions as referred to in Articles 11 and 12 are
detected in the course of free distribution pursuant to checks carried out in
accordance with Article 18, paragraphs 2 to 7 of this Article shall apply.
2. Approval as referred to in Article 11 (2) shall be withdrawn from
charitable organizations. This shall take effect immediately and continue for
at least one marketing year, and may be extended depending on theseriousness of the irregularity.!B1997R0659 — EN — 17.07.1998 — 002.001 — 10
3. Institutions as referred to in Article 12 shall not be eligible to be the
beneficiaries of free distribution operations in the following marketing year.
4. The charitable organization or institution which received the product
withdrawn from the market shall be obliged to repay the value of the productsit received plus interest calculated by reference to the time which has elapsedbetween receipt of the product and repayment by the beneficiary.
5. Article 19 (3) shall apply to the producer organization concerned.Furthermore, the producer organization shall be obliged to reimburse double
the amounts received in respect of sorting and packaging costs, plus interest
calculated by reference to the time which has elapsed between payment and
reimbursement by the beneficiary.
The consignor who received the transport costs as referred to in Article 15
shall be obliged to reimburse double the amounts received for transport plusinterest calculated by reference to the time which has elapsed betweenpayment and reimbursement by the beneficiary.
6. The rate of interest shall be that applied by the European Monetary
Institute to its operations in ecus published in the ‘C’ series of the Official
Journal of the European Communities in force on the date of undue payment,
increased by three percentage points.
7. The amounts recovered, plus the interest thereon, shall be paid to the
competent paying agency and deducted from expenditure financed by theEAGGF .
Article 21
Articles 19 and 20 of this Regulation shall apply without prejudice to other
penalties to be adopted in accordance with Article 48 of Regulation (EC) No
2200/96.
CHAPTER IV
Transitional and final provisions
Article 22
For 1997, producer organizations which have submitted a draft operational
programme for approval in accordance with Articles 3 or 15 of Regulation
(EC) No 411/97 are hereby authorized to grant, at their own risk, supplementsto the Community withdrawal compensation, in accordance with Article15 (3) (b) of Regulation (EC) No 2200/96.
Article 23
Regulations
"M1(EEC) No 1805/78, 3(EEC) No 3587/86, (EEC) No
827/90, (EEC) No 2103/90, (EEC) No 2276/92 and (EC) No 113/97 are
hereby repealed.
Article 24
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
However, for each product listed in Annex I to Regulation (EC) No 2200/96, it
shall apply from the start of the 1997/98 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1997R0659 — EN — 17.07.1998 — 002.001 — 11
ANNEX I
MARKETING YEARS FOR THE PRODUCTS LISTED IN ANNEX II TO REGULATION (EC) No 2200/96
Product Date
Tomatoes From 1 January to 31 December
Aubergines From 1 January to 31 DecemberMelons From 1 April to 31 March
Watermelons From 1 April to 31 March
Cauliflowers From 1 May to 30 AprilApricots From 1 May to 30 AprilNectarines From 1 May to 30 April
Peaches From 1 May to 30 April
Table grapes From 1 May to 30 AprilLemons From 1 June to 31 May
Pears From 1 June to 31 May
Apples From 1 July to 30 JuneSatsumas From 1 October to 30 September
Mandarins From 1 October to 30 September
Clementines From 1 October to 30 SeptemberSweet oranges From 1 October to 30 September!
B1997R0659 — EN — 17.07.1998 — 002.001 — 12
ANNEX II
LIST OF REPRESENTATIVE MARKETS
Apricots
Greece France Italy Spain Portugal
Argos Châteaurenard Salerno Murcia Alenquer
Korinthos Perpignan Forli Valencia AlgarveMoudania Valence Zaragoza
Aubergines
Greece France Italy Netherlands Spain Portugal
Skala (Lakonias) Châteaurenard Latina Coöperatie V , T, N, Den Bosch Almería Algarve
Thessaloniki Catanzaro Coöperatieve Veiling ZON, Grub-
benvorstValencia
Cauliflowers
Belgium/Luxembourg Netherlands Germany Greece France Ireland
Sint-Katelijne Waver Coöperatie V , T, N, Den Bosch Hamburg Athina Châteaurenard Dublin
Coöperatieve Veiling ZON, Grub-
benvorstKitzingen Chalkida Saint-Malo
Maxdorf Thessaloniki Saint-Omer
Reichenau Saint-Pol-de-LéonStraelen
Erfurt
Italy Austria United Kingdom Spain Portugal Denmark
Ascoli Piceno Vienna Birmingham Barcelona Oeste Odense
Pesaro Liverpool La RiojaTaranto London Granada
Bristol Murcia
NavarreSeville
Valencia!
B1997R0659 — EN — 17.07.1998 — 002.001 — 13
Finland Sweden
Helsinki Helsingborg
Lemons
Greece Italy Spain Portugal
Egio Catania Alicante Algarve
Xylokastro Palermo Málaga Oeste
Siracusa MurciaMessina
Clementines
Greece France Italy Spain Portugal
Argos Corsica Cosenza Castellón Alcácer do Sal
Taranto Valencia Algarve
Strawberries
Italy Portugal Spain
Salerno Algarve Barcelona
Huelva
Bologna Oeste Valencia
Mandarins
Greece Italy Spain Portugal
Argos Catania Alicante Algarve
Chios Siracusa Castellón
Taranto Valencia!B1997R0659 — EN — 17.07.1998 — 002.001 — 14
Melons
Italy Spain Greece Portugal
Salerno Almería Kyparissia Ribatejo
Ferrara Badajoz Amaliada
Bologna Ciudad Real Patra
Murcia Larissa
Trikala
Sweet oranges
Greece Italy Spain Portugal
Argos Catania Alicante Algarve
Arta Siracusa Castellón Santiago do Cacém
Sparti Catanzaro Sevilla
Valencia
Watermelons
Italy Spain Greece Portugal
Latina Almería Kyparissia Ribatejo
Bologna Murcia Amaliada
Ferrara Valencia Patra
LarissaTrikala
Peaches and nectarines
Greece France Spain Italy (Peaches) Italy (Nectarines) Portugal
Skydra Montauban Huesca Bologna Salerno Cova da Beira
Veria Nîmes La Rioja Ferrara Ravenna Montargil
Perpignan Lérida Ravenna Forli RibatejoValence Murcia Forli Verona Oeste
Sevilla Salerno FerraraValenciaZaragoza!
B1997R0659 — EN — 17.07.1998 — 002.001 — 15
Apples
Belgium/Luxembourg Denmark Germany Greece France Ireland
Sint-Truiden Odense Bonn-Roidorf Naoussa Angers Dublin
Hamburg Skydra MontaubanBodenseemarkt Tripolis NîmesStade V olos
Italy Netherlands United Kingdom Spain Portugal
Bolzano Coöperatie V , T, N, Den Bosch Birmingham Gerona OesteFerrara Geldermalsen & Omstreken Gel-
dermalsenLondon Huesca Cova da Beira
Ravenna La Rioja Guarda
Verona Lérida Viseu
Zaragoza
Finland Sweden Austria
Helsinki Helsingborg Wollsdorf
Pears
Belgium and Luxembourg Denmark Germany Greece Ireland Italy
Sint-Truiden Odense Bonn-Roidorf Veria Dublin Ravenna
Ingelheim V olos BolzanoStade Verona
Ferrara
Rovigo
France Netherlands United Kingdom Spain Portugal
Angers Coöperatie V , T, N, Den Bosch Birmingham Badajoz Oeste
Avignon Geldermalsen & Omstreken Gel-
dermalsenLondon Huesca Cova da Beira
Valence La Rioja
LéridaZaragoza!
B1997R0659 — EN — 17.07.1998 — 002.001 — 16
Table grapes
Greece Italy France Spain Portugal
Iraklio Ascoli Piceno Avignon Alicante Alenquer
Kavala Bari Nîmes Almería Moura
Korinthos Chieti Valencia Ferreira do Alentejo
Agrigento Murcia Algarve
Tomatoes
Belgium and Luxembourg Netherlands Germany Greece Spain Italy
Sint-Katelijne-Waver Coöperatie V , T, N, Den Bosch Heidelberg Ierapetra Alicante Ascoli Piceno
Coöperatieve Veiling ZON, Grub-
benvorstKitzingen Pyrgos Almería Bari
Maxdorf Barcelona Ragusa
Reichenau Las Palmas PescaraStraelen MálagaErfurt Murcia
Valencia
Denmark United Kingdom France Ireland Portugal
Odense Birmingham Châteaurenard Dublin Algarve
Glasgow Marmande Oeste
Liverpool PerpignanLondon
Finland Sweden Austria
Helsinki Helsingborg Wollsdorf
Vienna
Satsumas
Greece Spain Portugal
Argos Castellón Algarve
Valencia!B1997R0659 — EN — 17.07.1998 — 002.001 — 17
ANNEX III
"C1As provided for in Article 7 (2) 3of this Regulation, Member States shall notify daily producer prices recorded for the
following products and periods:
I.A
Products Presentation and type Period
Tomatoes Of the ‘round’ and ‘ribbed’ type, quality classes I and II, size 57/77
mm packed1 January to 31 December
Aubergines — Of the elongated type, quality class I, size over 40 mm 1 January to 31 December
— Of the globus type, quality class I, size over 70 mm
Melons — Of the Glob Galia, Piel de Sapo, Jaune et lise, Supermarket,
Charentais, Honeydew, Tamaris, Cantaloup and Tendral varieties,quality classes I and II1 April to 31 March
Watermelons — varieties with seeds 1 April to 31 March
— seedless varietiesquality class I
Cauliflowers ‘Trimmed’, quality class I, packed 1 May to 30 AprilApricots Quality class I, size over 40 mm 1 May to 30 AprilNectarines Of the Armking, Crimsongold, Early sun grand, Fairlane, Fantasia,
Independence, May Fire Brite, May Fire, Flavor Geant, Early Grand,
Flavor Nectared, Snow Queen, Queen Rubi, Caldesi, Venus, SweetRed, Nettaros, Sweet Lady, Autumn Free, Caldesi, Tasty Free,Albared and Stark red gold varieties, quality class I, size 56/73 mm1 May to 30 April
Peaches Of the Amsden, Cardinal, Dixired, Merryl Germfree, Catherina
Maria Serena, Federica, Vesubio, Baby Gold, Red Globe, Carson,Andros, San Lorenzo, Sudanel, Miraflores, Campiel, Calanda, Rojo
rito, Rojo Gallur, Jeronimo, Flavorcrest, Iris rosso, Maria Bianca,
Rosa del West, Maria Delizia, K2, Duchessa d’Este, Merril Gemfree,Michelimi, Red Haven, Springcrest and Springtime varieties, qualityclass I, size 56/73 mm1 May to 30 April
Table grapes Of the Regina dei Vignetti, Sultanine, Regina (Mennavacca bianca,
Rosaki, Dattier de Beyrouth), Italia, Aledo, Ohanes (Almeria), D.
Maria, Napoleon, Dominga, Alfonso Lavallée, Cardinal, Italia,
Moscatel Romano, Apirena and Aledo varieties, quality class I1 May to 30 April
Lemons Quality class I, size 53/65 mm 1 June to 31 May
Pears — Of the Beurré Hardy, Coscia (Ercolini), Crystallis (Beurré
Napoléon, Ercolini, Blanquilla, Tsakonika), Dr Jules Guyot(Limonera) and Rocha varieties, quality class I, size 55 mm ormore1 June to 31 May
— Of the Limonera, Conférence, Bon Chrétien, Williams, Buena
Luisa, Max Red Bartlett varieties, quality class I, size 60 mm ormore
— Of the Empereur Alexandre (Kaiser Alexandre Bosc), Abate Fetel,
Decana del Cimmizio, Passacrassana varieties, quality class I, size
70 mm or more
Apples — Of the Reine des Reinettes, Cox Orange and Verde Doncella
varieties, quality class I, size 65 mm or more1 July to 30 June
— Of the Delicious Pilafa, Golden Delicious, Jonagold, Jonagored,
Elstar, Gloster, Boskoop, Idared, Golden Supreme, James Grieve,
Red Chief, Top Red, Red Delicious, Reinette grise du Canada,
Starking Delicious, Granny Smith, Belleza de Roma, Summered,Royal Gala and Orzak Gold varieties, quality class I, size 70 mmor more
Satsumas Quality class I, size 54/69 mm 1 October to 30 September
Mandarins Quality class I, size 54/69 mm 1 October to 30 September!
B
!M1
!B1997R0659 — EN — 17.07.1998 — 002.001 — 18
Products Presentation and type Period
Clementines Quality class I, size 43/60 mm 1 October to 30 September
Sweet oranges Of the Moro, Navel, Navellina, Navellate, Tarocco Salustiana,
Sanguinello and Valencia late varieties, quality class I, size 67/80 mm1 October to 30 September
I.B
Other products:
Products Presentation and type Period
Strawberries Quality class I, packed 1 October to 30 September!B1997R0659 — EN — 17.07.1998 — 002.001 — 19
ANNEX IV
!B1997R0659 — EN — 17.07.1998 — 002.001 — 20
ANNEX V
1. Transport costs under free distribution arrangements (first, second and third
indents of Article 30 (1) (a) of Regulation (EC) No 2200/96)
(ECU per 100 kg)
Distance of less than 25 km 1,20
Distance of 25 km or more but less than 200 km 2,50
Distance of 200 km or more but less than 350 km 3,50
Distance of 350 km or more but less than 500 km 5,00Distance of 500 km or more 6,50
Additional transport costs per wagon or other refrigerated vehicle 0,60
2. The costs of sorting and packaging for apples and citrus fruits shall be borne by the
Community up to a maximum of ECU 11 per 100 kg net.!
B1997R0659 — EN — 17.07.1998 — 002.001 — 21
ANNEX VI
Details concerning free distribution operations:
(a) as regards free distribution within the Community:
— product distributed (variety, commercial category),— quantity distributed,
— name and headquarters of the producer organization making the withdrawals,
— name and headquarters of the approved charitable organization or institution
appointed by the Member State in receipt of the product,
— end use of the product,— type of packaging used, specifying whether recycled or not,
— means of transport used and the name of the transporter,
— date of delivery and date of receipt,
— estimated number of beneficiaries, by administrative unit,
— date the agreement between the producer organization and the approved
charitable body was concluded;
(b) as regards free distribution outside the Community:
— product distributed (variety, commercial category),
— quantity distributed,
— name and headquarters of the producer organization making the withdrawals,— name and headquarters of the approved charitable organization carrying out
distribution,
— name and address of the approved charitable organization in receipt of the
product,
— country and place of final destination,
— description of the end use of the product (the population group for which it is
intended),
— means of transport used and the name of the transporter,
— date of delivery and date of receipt,
— estimated number of beneficiaries, by administrative unit,— date the agreement between the producer organization and the approved
charitable body was concluded.!
B1997R0659 — EN — 17.07.1998 — 002.001 — 22
ANNEX VII
MINIMUM REQUIREMENTS FOR PRODUCTS WITHDRA WN
1. Products withdrawn must be:
— intact,
— sound: produce affected by rotting or deterioration such as to make it unfit
for consumption is excluded,
— clean, practically free of any visible foreign matter,— practically free from pests and attacks of pests,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
2. The products must be sufficiently developed and sufficiently ripe having regard
to their type.
3. The products must have the characteristics of the variety and/or commercial
type.!
M21997R0659 — EN — 17.07.1998 — 002.001 — 23
ANNEX VIII
MAXIMUM PRICES APPLICABLE TO THE 1995/96 MARKETING YEAR AND THE RESULTING SUPPLE-
MENTS TO THE COMMUNITY WITHDRAW AL COMPENSATION
(ecu/100 kg)
ProductMaximum
price 1995/
96Maximum supplement
1997/98
marketing
year1998/99
marketing
year1999/2000
marketing
year2000/01
marketing
year2001/02
marketing
yearFrom 2002/
03
Tomatoes 12,84 6,40 6,72 7,04 7,37 7,69 8,01
Cauliflowers 13,51 4,17 4,64 5,10 5,57 6,04 6,50Apples 15,04 4,35 4,73 5,10 5,48 5,86 6,23Grapes 15,45 4,76 5,29 5,83 6,36 6,90 7,43
Apricots 23,36 4,46 5,41 6,35 7,30 8,24 9,19
Nectarines 25,43 8,04 8,91 9,78 10,65 11,52 12,39Peaches 22,53 7,88 8,61 9,35 10,08 10,81 11,54
Pears 14,83 4,65 5,01 5,37 5,73 6,09 6,44
Aubergines 7,62 2,33 2,59 2,86 3,12 3,39 3,65Oranges 15,85 1,52 1,59 1,65 1,72 1,78 1,85
Mandarins 17,48 1,33 1,96 2,59 3,22 3,85 4,48
Clementines 13,70 0,96 0,91 0,86 0,80 0,75 0,70Satsumas 10,49 0,00 0,00 0,00 0,00 0,00 0,00
Lemons 17,26 3,89 3,96 4,04 4,11 4,19 4,26!
M21997R0659 — EN — 17.07.1998 — 002.001 — 24