1993R1858 — EN — 12.03.2001 — 007.001 — 1
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►B COMMISSIONREGULATION(EEC)No1858/93
of9July1993
laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the aid
schemetocompensateforlossofincomefrommarketinginthebananasector
(OJ L 170, 13.7.1993, p. 5)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 705/94 of 29 March 1994 L 85 7 30.3.1994
►M2Commission Regulation (EC) No 796/95 of 7 April 1995 L 80 17 8.4.1995
►M3Commission Regulation (EC) No 1467/1999 of 5 July 1999 L 170 7 6.7.1999
►M4Commission Regulation (EC) No 1062/1999 of 21 May 1999 L 129 24 22.5.1999
►M5Commission Regulation (EC) No 471/2001 of 8 March 2001 L 67 52 9.3.2001
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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COMMISSIONREGULATION(EEC)No1858/93
of9July1993
laying down detailed rules for applying Council Regulation (EEC)
No 404/93 as regards the aid scheme to compensate for loss of
incomefrommarketinginthebananasector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
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 beapplied 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 their current one, Regulation (EEC) No 404/93 provides forcompensatory aid in order to cover the loss of income, likely to resultfrom 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 bemade for the bananas to be graded, packed and removed from thepacking shed so that they may be marketed;
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 theprices at the delivered at first port of unloading in the rest of theCommunity stage for bananas produced in the most representativeregions 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 informationto 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 provide for the situation where the volumes indicated inapplications exceed the quantities laid down pursuant to Article 12 ofRegulation (EEC) No 404/93; whereas this mechanism must makepossible some offsetting between the various production regions withinthe 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 viewof the fact that the compensatory aid for a given year cannot be
determined and paid until the beginning of the following year, it is
necessary to grant advances in order to maintain normal disposal ofCommunity produce and achieve the measures objective; whereas,however, these advances must be paid subject to a security to cover thepossibility of the aid eventually paid being less than the total of the
advances;
Whereas Regulation (EEC) No 404/93 lays down that the compensatory
aid is to be granted to producers who are members of a recognized1993R1858 — EN — 12.03.2001 — 007.001 — 2
(1) OJ No L 47, 25. 2. 1993, p. 1.
(2) OJ No L 387, 31. 12. 1992, p. 1.
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producers' organization within the meaning of Article 5 of that
Regulation; whereas, pending the creation of these organizations andtheir recognition, it is necessary to make provision for aid applications to
be submitted by individual producers;
Whereas the economic objective of the aid is attained when the bananas
are marketed; whereas, however, to take account of the market
organization system, the agricultural conversion rate applicable at the
beginning of each quarterly marketing period should be used to convertthe 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 fallingwithin CN code ex 0803, excluding plantains, which comply with thequality standards laid down pursuant to Title I of that Regulation.
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 EUR 62,25/100 kg net
weight of green bananas ex-packing shed for 1998 and EUR 64,03/100 kg net weight from 1999.
Article 3
1. The average production income for bananas produced and
marketed. in the Community as referred to in Article 12(5) ofRegulation (EEC) No 404/93 shall be calculated for the ex-packingshed stage.
2. In the case of bananas marketed in the Community outside their
producer region as defined in Article 12 of Regulation (EEC) No 404/93, the average production income shall be determined for each year onthe basis of the average of the prices of bananas from the producerregions at the stage of delivery at first port of unloading (goods notunloaded), less a flat-rate amount of EUR 18,7/100 kg net weight
corresponding to average costs of transport and delivery fob.
In the case of bananas produced and marketed in a producer region as
defined in Article 12 of Regulation (EEC) No 404/93, the averageproduction income shall be determined on the basis of the average
selling prices on local markets, less a flat-rate amount of EUR 0,29/100
kg net weight corresponding to the forwarding costs to the marketsconcerned.
3. The flat-rate amounts referred to in paragraph 2 shall be reviewed
if the average costs of transport, delivery fob or forwarding change
substantially.
Article 4
1. Applications for advances may be submitted in accordance with
the timetable laid down in Article 7 (2).1993R1858 — EN — 12.03.2001 — 007.001 — 3
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2. The amount of each advance shall be determined by multiplying
the quantities marketed during the period in question by a average 70 %of the amount 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 theadvance.
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 inArticle 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.
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 quantitiesmarketed by each producer through the producers, organization.
Article 7
1. Applications for compensatory id and advances shall be submitted
to the competent authorities designated by each Member State in whichthe products are harvested.
2. Applications shall be submitted:
(a) in the case of advances, at the latest on 30 March, 30 May, 30 July,
30 September and 30 November of the marketing year and at thelatest on 30 January of the year following that in respect of whichthe aid is applied for, for bananas marketed during the two-month
period preceding the month of application;
(b) in the case of payment of the balance of the aid, at the latest on 10
February of the year following that in respect of which the aid isapplied for.
The balance shall comprise the adjustment to the amounts paid for
bananas marketed during the periods referred to in point (a), on thebasis of the definitive amount of aid.
In the case of the compensatory aid in respect of 2000, applications
for advances for bananas marketed in November and December shallbe submitted by 30 March 2001 and applications for payment of the
balance shall be submitted by 11 April 2001.
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. Such quantities shall be broken down into the bananasreferred to in the first subparagraph of Article 3(2) and those referredto in the second subparagraph of this paragraph. Applications for the1993R1858 — EN — 12.03.2001 — 007.001 — 4
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balance shall cover the total quantities marketed during the year in
question, broken down in the same way.
4. Applications shall be accompanied by:
— certificates of conformity,
— sales invoices,
— 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
1. Member States shall inform the Commission, without delay at the
end of each period laid down for the payment of advances, of thequantities marketed for which applications for payment have been
submitted. These quantities shall, be broken down as indicated in the
third indent of Article 7(3).
2. Within 20 days of the end of the period for lodging applications for
payment of the balance as referred to in Article 7(2)(b), they shall
forward to the Commission, for each two-month period:
— in the case of bananas as referred to in the first subparagraph of
Article 3(2), the quantities in question, the average selling prices forgreen bananas and the average prices at the stage of delivery at firstport of unloading (goods not unloaded),
— in the case of bananas as referred to in the second subparagraph of
Article 3(2), the quantities in question and the average selling priceson local markets.
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 netweight.
2. If the total quantity actually marketed exceeds 854 000 tonnes, the
quantities marketed giving entitlement to the aid shall be reduced foreach producer region concerned in proportion to the overrun of thequantity fixed for that region.
The Commission shall fix the reduction percentages applicable for each
region and shall inform the Members States thereof.
Where the second subparagraph is applied, the competent authorities
shall apply the uniform reduction percentage to the quantities indicatedin each aid application.
Article 10
1. After verifying aid applications and supporting documents, the
competent national authorities shall pay the amount of the advance or
the balance of the aid, as the case may be, within two months of themonth in which the application was lodged.
2. Advances and the balance of the aid shall be paid to beneficiaries
in full.
Article 11
For application of the compensatory aid scheme, the operative event for
the exchange rate shall, in the case of payment of advances, be the first1993R1858 — EN — 12.03.2001 — 007.001 — 5
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day of the two-month marketing period in question as defined in Article
7(2), and in the case of payment of the balance of the aid, 31 Decemberof the year in respect of which the aid is set.
Article 12
1. Where aid is paid unduly in respect of bananas which have not
been marketed in accordance with Article 1, the competent authoritiesshall recover the amounts paid, plus interest calculated from the date ofpayment of the aid up to actual recovery thereof.
The rate of interest to be applied by the producer Member States with
the exception of Greece shall be that fixed by the European Central
Bank and published in the Official Journal of the European Commu-
nities.
The rate of interest to be applied by Greece shall be that in force for
similar recovery operations under national law. This rate may not belower than the yield on three-month Treasury bonds as applied on theday of payment, plus one percentage point.
Member States may decide not to collect interest if it amounts to EUR 20
or less.
2. The aid recovered and, where applicable, the interest shall be paid
to the paying agencies or authorities and deducted by them from theexpenditure financed by the European Agricultural Guidance andGuarantee Fund, Guarantee Section.
Article 13
On request, producer Member States shall inform the Commission of the
following:
— the development of Community production and marketing,
— the development of the real costs of transport and delivery fob,— the situation regarding the quantities available in ripening depots,
— the development of 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.
Article 13a
If Community bananas are marketed in a producer region during a given
two-month period at prices significantly below the average price forbananas marketed in that producer region during the same period,Member States shall intensify the checks on compliance with qualitystandards provided for in Commission Regulation (EC) No 2898/95(
1).
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.1993R1858 — EN — 12.03.2001 — 007.001 — 6
(1) OJ L 304, 16.12.1995, p. 17.▼B
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