1997R0504 — EN — 27.07.1998 — 002.001 — 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 504/97
of 19 March 1997
laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards
the system of production aid for products processed from fruit and vegetables
(OJ L 78, 20.3.1997, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1491/97 of 29 July 1997 L 202 27 30.7.1997
►M2Commission Regulation (EC) No 1590/98 of 23 July 1998 L 208 11 24.7.1998
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COMMISSION REGULATION (EC) No 504/97
of 19 March 1997
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC)No2201/96asregardsthesystemofproductionaidforprod-
ucts processed from fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October
1996 on the common organization of the markets in processed fruit andvegetable products (
1), and in particular Articles 1 (3), 4 (9) and 6 (5),
25, 26 and 27 (1) thereof,
Whereas Regulation (EC) No 2201/96 introduces a system of produc-
tion aid for the products listed in Annex I thereto and obtained fromfruit and vegetables harvested in the Community;
Whereas the products on which the aid is payable, and their marketing
years, should be defined with a view to ensuring a uniform applicationof the arrangements;
Whereas, with a view to facilitating the way the arrangements operate,
the authorities should be apprised of each processor wishing to qualifyunder the system; whereas processors should also notify the authoritiesof the information needed to ensure that the system operates correctly;
Whereas the new system must be capable of operating from the outset
with a sufficient number of producer organizations; whereas, in accord-ance and by analogy with Council Regulation (EC) No 2202/96 of 28October 1996 introducing a Community aid scheme for producers ofcertain citrus fruits (
2), the term ‘producer organizations … provision-
ally authorized'in the first subparagraph of Article 2 (2) of Regulation(EC) No 2201/96 must be interpreted as covering not only producerorganizations provisionally recognized by virtue of Article 14 of Regu-lation (EC) No 2200/96 of 28 October1996 on the common or gan-ization of the market in fruit and vegetables (
3) but also producer
organizations as referred to in Article 13 of that Regulation;
Whereas the production aid system is based on contracts between
producer organizations recognized or provisionally recognized pursuantto Regulation (EC) No 2200/96 or individual producers during theperiod referred to in the second subparagraph of Article 2 (2) ofRegulation (EC) No 2201/96, on the one hand, and processors, on theother hand; whereas, producers and producer organizations may also actas processors in certain circumstances; whereas the types of contractsand the particulars to be included therein should be specified with aview to the application of the aid system;
Whereas, such contracts must be concluded before the beginning of
each marketing year; whereas the parties thereto should nevertheless beauthorized to increase, by way of amendments thereto and within adefinite ceiling, the quantities originally stipulated therein, so that thesystem may be as efficient as possible;
Whereas the tomato harvest depends on the area planted during the year
in question and may accordingly vary substantially from year to year;whereas the quantities available for processing are consequently subjectto fluctuations; whereas, in order to encourage producers to takeaccount of the real needs of the processing industry and to adjust theirareas planted in consequence, provision should be made for a system ofpreliminary contracts; whereas such contracts should be concluded
(1) OJ No L 297, 21. 11. 1996, p. 29.
(2) OJ No L 297, 21. 11. 1996, p. 49.
(3) OJ No L 297, 21. 11. 1996, p. 1.
1997R0504 — EN — 27.07.1998 — 002.001 — 3
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before the planting period, in such a way that any planted area will
produce only such quantities as can later be disposed of for processing;
Whereas the number of aid applications to be submitted by processors
must be determined in line with processing; whereas aid applicationsmust include all particulars necessary for calculating the aid to be paidto processors;
Whereas, the system of production aid set up by Regulation (EC) No
2201/96 is based essentially on direct relations between producer organ-izations and processors and on the obligation as to the minimum price;whereas it should be provided that a price at least equal to the minimumprice for the raw material is to be paid direct by the processor to theproducer organization by bank or postal transfer; whereas, in order toadminister the system rationally and to facilitate controls, that obligationshould be deemed to have been discharged once the processor has madethe abovementioned transfer;
Whereas, in return for the obligations imposed on processors of
processed tomato products, provision should be made for the possibilityof provisional payment of part of the production aid; whereas suchprovisional payments must be subject to the lodging of a securityguaranteeing reimbursement in cases where the conditions for receivingprovisional production aid are not observed;
Whereas the quota system for processed tomato products provided for
in Article 6 (2), (3) and (4) of Regulation (EC) No 2201/96 stipulatesthat quantities produced in excess of the quotas for which at least theminimum price was paid should be taken into account when appor-tioning annual quotas among the MemberStates and among under tak-ings; whereas, as a consequence, such quantities, which do not qualifyfor production aid, should be subject to the same provisions mutatis
mutandis as quantities covered by the quotas;
Whereas, with a view to the correct application of the production aid
system, processors should be under an obligation to keep suitableupdated records for the purposes of any inspections and checks deemednecessary;
Whereas experience gained in the administration of the production aid
system calls, on the one hand, for the provisions on controls to bestepped up by providing for checks to be carried out on a sufficientlyrepresentative number of aid applications and, on the other hand, forcertain penalties to be laid down for failure by processors to complywith the legislation and in particular for any false declarations;
Whereas the measures provided for in this Regulation are to replace
those laid down in Commission Regulation (EEC) No 1558/91 of 7June 1991 laying down detailed rules for the application of the systemof production aid for products processed from fruit and vegetables (
1),
as last amended by Regulation (EC) No 2529/95 (2); whereas that
Regulation should accordingly be repealed;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Products Processedfrom Fruit and Vegetables,
(1) OJ No L 144, 8. 6. 1991, p. 31.
(2) OJ No L 258, 28. 10. 1995, p. 52.
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HAS ADOPTED THIS REGULATION:
TITLE I
General provisions
Article 1
1. Forthe pur poses of this Regulation:
(a)producer means any natural or legal person who grows on his
holding raw material intended for processing;
(b)individual producers means producers not affiliated to any collec-
tive body, as referred to in the second subparagraph of Article 2 (2)of Regulation (EC) No 2201/96;
(c)producer organizations means producer organizations as referred to
in Articles 11 and 13 of Regulation (EC) No 2200/96 and producerorganizations recognized provisionally by virtue of Article 14thereof;
(d)associations of producer organizations means associations as
referred to in Article 16 (3) of Regulation (EC) No 2200/96;
(e)processor means a processing enterprise operating, for economic
ends and underits own r esponsibility, one ormor e plants havingfacilities for manufacturing one or more of the products listed inAnnex I to Regulation (EC) No 2201/96;
(f)association of processors means an association of processors recog-
nized by a MemberState.
2. For the purposes of the system of production aid:
(a)peaches in syrup and/or in natural fruit juice means whole peaches
or pieces of peaches, without peel, having undergone a heat treat-ment, packed in hermetically sealed containers with a coveringliquid of sugar syrup or natural fruit juice and covered by CNcodes ex 2008 70 61, ex 2008 70 69, ex 2008 70 71,ex 2008 70 79, ex 2008 70 92, ex 2008 70 94 and ex 2008 70 99.►
M2Products to be used for making the product indicated at
point (q) shall be packed in appropriate containers; ◄
(b)Williams and Rocha pears in syrup and/or in natural fruit juice-
means pears of the Williams or Rocha varieties, whole or in pieces,without peel, having undergone a heat treatment, packed in hermet-ically sealed containers with a covering liquid of sugar syrup ornatural fruit juice and covered by CN codes ex 2008 40 51,ex 2008 40 59, 2008 40 71, ex 2008 40 79, ex 2008 40 91 andex 2008 40 99. ►
M2Products to be used in making the product
indicated at point (q) shall be packed in appropriate containers; ◄
(c)prunes means prunes obtained from dried plums of the prunes
d’Ente variety which have been suitably treated or processed and
are packed in appropriate containers, covered by CN codeex 0813 20 00 and ready to be offered for human consumption;
(d)dried figs means dried figs, including fig paste, which have been
suitably treated or processed and are packed in appropriatecontainers, covered by CN code ex 0804 20 90 and ready to beoffered for human consumption;
(e)unprocessed dried figs means dried figs which have not been
treated in such a way that they are ready to be offered for humanconsumption;
(f)whole peeled quick-frozen tomatoes means peeled tomatoes of the
San Marzano, Roma or similar varieties, frozen, packed in appro-priate containers and covered by CN code ex 0710 80 70, wherenot less than 90 % of the net weight of the tomatoes consists ofwhole tomatoes not showing any damage which substantially alterstheir appearance. That percentage shall be determined after thetomatoes have been thawed;
(g)non-whole quick-frozen tomatoes means pieces of peeled tomatoes
of the San Marzano, Roma or similar varieties, or round varietieswhich are as easy to peel as the said varieties, preserved by
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freezing, packed in appropriate containers and covered by CN code
ex 0710 80 70;
(h)whole peeled preserved tomatoes means peeled tomatoes of the
San Marzano, Roma or similar varieties, having undergone a heattreatment, packed in hermetically sealed containers and covered byCN code ex 2002 10 10, where not less than 65 % of the weightof the drained tomatoes consists of whole tomatoes which do notshow damage which substantially alters their appearance;
(i)non-whole peeled preserved tomatoes means peeled tomatoes in
pieces or partially crushed of the San Marzano, Roma or similarvarieties, or round varieties which are as easy to peel as the saidvarieties, having undergone a heat treatment, packed in hermeti-cally sealed containers and covered by CN code ex 2002 10 10.►
M2Products to be used in making the product indicated at point
(r) shall be packed in appropriate containers; ◄
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(j)tomato flakes means flakes obtained by drying tomatoes cut into
slivers or small cubes, packed in appropriate containers andcovered by CN code ex 0712 90 30;
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(k)tomato juice means juice obtained direct from fresh tomatoes, the
juice being strained free from skins, pips and other coarse parts andhaving, where applicable after concentration, a dry weight contentof less than 12 %, packed in hermetically sealed containers andcovered by CN codes ex 2002 90 11, 2002 90 19, 2009 50 10 and2009 50 90. ►
M2Juices with a dry matter content of at least 7 %
may howevercontain skin and pips constituting up to 4 % byweight of the product; ◄
(l)tomato concentrate means the product obtained by concentrating
tomato juice, packed in appropriate containers, having a dry weightof 12 % or more and covered by CN codes ex 2002 90 31,ex 2002 90 39, ex 2002 90 91 and ex 2002 90 99. However,certain preparations of concentrate having a dry weight of not morethan 18 % may contain not more than 4 % skin and pips byweight of product;
(m)whole unpeeled preserved tomatoes means whole unpeeled toma-
toes of the Roma or similar varieties or of the round varieties,having undergone a heat treatment, packed in hermetically sealedcontainers, lightly brined (natural preparation) or in tomato purée(tomato purée or juice preparation), where not less than 65 % ofthe weight of the drained tomatoes consists of whole tomatoes notshowing any damage which substantially alters their appearance,and covered by CN code ex 2002 10 90;
(n)non-whole unpeeled preserved tomatoes means tomatoes in pieces
orcr ushed, of the Roma orsimilarvar ieties orof the r oundvarieties, having been slightly strained, whether or not slightlyconcentrated, packed in hermetically sealed containers where thedry weight content is between 4,5 % and 14 %, and covered byCN code ex 2002 10 90;
(o)sugar syrup means a liquid in which wateris combined with sugar s
and which has a total sugarcontent deter mined afterhomogeniza-tion of not less than 14 % in respect of fruits in syrup;
(p)natural fruit juice means a covering liquid with a minimum of
10,5 °Brix, consisting solely of juice extracted mechanically from
fermentable but unfermented fruit, or of juice obtained fromconcentrated fruit juice by the restoration of the proportion ofwater extracted during concentration as defined in CouncilDirective 93/77/EEC (
1), without added sugar;
(1) OJ No L 244, 30. 9. 1993, p. 23.
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(q)mixed fruit means mixtures of fruit, whole or in pieces having
undergone a heat treatment, with a covering liquid of sugar syrupor natural fruit juice, packed in hermetically sealed containers inwhich the total drained net weight of the products indicated at (a)and (b) accounts forat least 60 % of the total net dr ained weight,and made during the period indicated in Article 2(2) in the sameestablishment as the products indicated at (a) and (b) used;
(r)prepared sauces means tomato−based preparations obtained by
mixing non−whole peeled preserved tomatoes as indicated at point(i) or tomato concentrate as indicated at point (l) with other prod-ucts of plant or animal origin except fresh tomatoes, having under-gone a heat treatment, packed in hermetically sealed containers inwhich the net weight of the products indicated at points (i) and (l)accounts forat least 60 % of the total net weight, and of which thetomato component is covered by CN codes ex 2002 10 10,ex 2002 90 31 orex 2002 90 39. These pr oducts must be madeduring the period indicated in Article 2(2) in the same establish-ment as the products indicated at points (i) and (l) used.
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3. Products as referred to in paragraph 2 (a), (b) and (c) shall not
include fruit preserved by sugar as defined in CN code 2006 00 that issubsequently packed with a covering liquid of sugar, nor shall theyinclude fruit purées and other crushed fruit preparations.
4. Tomato juice and tomato concentrate to be added to preserved
tomatoes shall be products on which production aid has not been, andwill not be, applied for. The weight of the tomato juice and tomatoconcentrate added to such products shall be included in the net weightof the tomatoes themselves, whetherpeeled orunpeeled.
TITLE II
Marketing years
Article 2
1. The marketing years within the meaning of Article 1 (3) of Regu-
lation (EC) No 2201/96 for the products referred to in Article 1 (2) ofthis Regulation shall run:
(a) from 15 June to 14 June for:
— peeled frozen tomatoes, whether or not cooked, covered by CN
code ex 0710 80 70,
— tomato flakes covered by CN code ex 0712 90 30,— prepared or preserved tomatoes covered by CN code ex 2002,— tomato juice covered by CN code 2009 50,— peaches in syrup and/or in natural fruit juice covered by CN
code ex 2008 70;
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(b) from 1 August to 30 July for dried figs covered by CN code
ex 0804 20 90;
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(c) from 15 July to 14 July for Williams and Rocha pears in syrup
and/or in natural fruit juice covered by CN code ex 2008 40;
(d) from 1 September to 31 August for prunes obtained from dried
plums of the prunes d’Ente variety, covered by CN code
ex 0813 20 00;
2. Production aid shall be granted solely on products delivered to the
processing industry in the following delivery periods:
1997R0504 — EN — 27.07.1998 — 002.001 — 7
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(a) tomatoes: between 15 June and 25 November,
(b) peaches: between 15 June and 25 October,(c) Williams and Rocha pears: between 15 July and 15 December,(d) prunes obtained from plums of the prunes d’Ente variety: between 1
Septemberand 31 December ,
(e) dried figs: between 15 July and 15 June.
TITLE III
Information forwarded by processors
Article 3
►M21.◄Processors wishing to qualify under the system of aid
shall so inform the competent authorities of the Member States by 15January preceding the marketing year in which aid applications are tobe made, giving all information required by the Member State with aview to the administration and monitoring of the system of aid. MemberStates may decide that such information shall:
(a) be notified by new processors only, where they have already
received the necessary information concerning other processors;
(b) cover one or more marketing years or an unlimited period.
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M2
2. Processors wishing to use the products eligible for production aidindicated at points (a), (b), (i) and (l) of Article 1(2) to prepare mixedfruit or prepared sauces as indicated at points (q) and (r) of Article 1(2)shall notify the competent authorities of the Member State, before thebeginning of the marketing year, of the composition of the products tobe made, specifying the net weight of each component. This composi-tion may not be altered after the beginning of the marketing year.
Forthe 1998/99 mar keting yearhoweverthis infor mation shall be
notified to the competent authorities within one month of entry intoforce of this Regulation.
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Article 4
1. At least five working days before commencement of processing
each marketing year, processors shall inform the competent authoritiesof the week in which they so begin processing. The processor shall bedeemed to have fulfilled this requirement if he furnishes proof that hehas sent the said information at least eight working days before theabovementioned deadline.
2. In exceptional, duly justified cases, MemberStates may accept
notifications after the deadlines laid down in paragraph 1; however, insuch cases no aid shall be granted in respect of quantities alreadyprocessed and on which the necessary checks on compliance with theconditions forgr anting the aid cannot be conducted to the satisfaction ofthe competent authorities.
Article 5
Each year processors as referred to in Article 3 shall notify the agency
designated by the MemberState of the following:
1. in the case of peaches, pears and tomatoes:
(a) by 1 November:
(i) the quantity of raw material delivered before 22 October
and entered in the records of raw materials, and the quantityof raw material scheduled to be delivered during theremainder of the delivery period as defined in Article 2 (2).The quantity to be notified shall be that used orintended tobe used for processing into finished products as defined inArticle 1 (2), broken down into:
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— the quantity in respect of which the production aid has
been oris to be applied for ,
— the quantity in respect of which the production aid has
not been orwill not be applied for .
In the case of tomatoes, the quantity referred to in the second
indent shall be broken down into the quantities for which atleast the minimum price has and has not been paid;
(ii) the quantity of finished products obtained or likely to be
obtained from the quantities of fresh products referred to inpoint (i).
In the case of processed tomato products, the quantity of
finished products to be notified in respect of each categoryof raw material as referred to in point (i) shall be brokendown into:
— tomato concentrate of a dry-matter content by weight of
28 % ormor e but less than 30 %,
— preserved whole peeled tomatoes of the San Marzano
variety,
— preserved whole peeled tomatoes of the Roma or similar
varieties,
— other processed tomato products;
(iii) the quantities, expressed in net weight, of finished products
in stock at the end of the preceding marketing year, brokendown into products sold and products unsold and, in thecase of processed tomato products, further broken down inaccordance with point (ii);
(b) by 20 January, the quantities referred to in point (a) (ii) in stock
at 31 December, broken down into products sold and productsunsold.►
M2These notifications shall state separately the
quantities of the products indicated at points (a), (b), (i) and (l)of Article 1(2) used to make the products indicated at points (q)and (r) of Article 1(2); notifications under (a)(ii) shall stateseparately the quantities obtained of the products indicated atpoints (q) and (r) of Article 1(2), broken down according to theproducts indicated at points (a), (b), (i) and (l) of Article 1(2)used;◄
2. in the case of dried figs and prunes, by 15 May:
(a) the quantity of raw material used at 1 May;(b) the quantity of finished products obtained from the raw material
as referred to in (a), broken down into products on which aid ispaid and products on which aid is not paid and into qualityclasses;
(c) the quantity of products referred to in (a) and (b) in stock at 1
May, broken down into products sold and products unsold.
TITLE IV
Contracts
CHAPTER I
Preliminary contracts
Article 6
1. In the case of tomatoes, preliminary contracts shall be concluded
by 16 February each year, pending the conclusion of contracts asreferred to in Article 7 (1). Member States may defer that date to 16March.
However, during the period referred to in the second subparagraph of
Article 2 (2) of Regulation (EC) No 2201/96, preliminary contracts maybe concluded by individual producers. Where individual producersbecome full members of a producer organization between the conclu-sion of the preliminary contract and that of the processing contract, the
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rights arising under preliminary contracts shall be transferred to the
producer organization in question.
2. Preliminary contracts shall bear an identification number and shall
include the particulars specified in Article 7 (2) (a) and (b), the areaplanted and the estimated quantity of tomatoes to be harvested on thatarea.
3. A copy of the preliminary contract shall be forwarded by the
processor or the association of processors to the agency referred to inArticle 8 (1) so as to reach the latter within 10 working days of theconclusion of that contract.
The provisions of Article 8 (2) shall apply.4. For the purposes of the production aid system, processing
contracts as referred to in Article 7 (1) shall not be valid for tomatoesunless they cover the total quantity of tomatoes harvested on the areastipulated in the preliminary contract or the estimated quantity indicatedtherein. Processing contracts shall include a reference to the number ofthe preliminary contract.
5. Once preliminary contracts as referred to in paragraph 1 are
concluded, the producer organization or association of producer organ-izations and associations of processors shall forward to the competentauthorities, or shall allow the latter to consult, a list giving the namesand addresses of each producer or each processor covered by thecontract and the cadastral reference numbers, or references recognizedas equivalent by the inspection body, forthe ar ea on which eachproducer is to harvest tomatoes.
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6. Member States shall notify the Commission by 15 April before thebeginning of the marketing year of the quantities covered by prelimi-nary contracts, broken down by product group.
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CHAPTER II
Processing contracts
Article 7
1. Contracts as referred to in Article 2 (2) of Regulation (EC) No
2201/96, hereinafter referred to as ‘processing contracts', shall beconcluded in writing. They shall take one of the following forms:
(a) a contract between a producer organization or an association of
producer organizations, on the one hand, and a processor or anassociation of processors, on the other;
(b) an undertaking covering supplies, where the producer organization
or association of producer organizations acts as processor;
(c) a contract between an individual producer, on the one hand, and a
processor or an association of processors, on the other, covering theperiod defined in the second subparagraph of Article 2 (2) ofRegulation (EC) No 2201/96.
2. Processing contracts must specify:
(a) the name and address of the producer, producer organization or
association of producer organizations;
(b) the name and address of the processor or association of processors;(c) the quantities of raw materials covered.
In the case of tomatoes, such quantities shall be broken down
according to the finished products to be obtained. Contracts shallalso specify the quantities not covered by the quota for which atleast the minimum price was paid, broken down in the samemanner;
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(d) the schedule for deliveries to the processor;
(e) the price to be paid to the other party to the contract for the raw
materials, excluding in particular costs connected with packing,loading, transport, unloading and the payment of taxes, which shall,where applicable, be indicated separately.
The price shall not be lower than the minimum price fixed pursuant
to Article 3 of Regulation (EC) No 2201/96;
3. The parties may decide, by written amendments to processing
contracts, to increase the quantities originally stipulated therein.
Such amendments shall be concluded by:
— 15 Septemberfortomatoes,
— 15 August forpeaches,— 15 SeptemberforWilliams and Rocha pear s,— 15 Novemberforpr unes obtained fr om plums of the prunes d’Ente-
variety and dried figs.
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The quantities originally stipulated in contracts may not be increased bymore than 30 %.
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4. Where producer organizations or, during the period referred to inthe second subparagraph of Article 2 (2) of Regulation (EC) No 2201/96, individual producers act as processors, the processing contractscovering their own production shall be deemed to have been concludedafter the following particulars are forwarded to the competent authoritywithin the time-limit laid down in Article 8 (1):
(a) the total area on which the raw material is grown, together with
cadastral reference numbers or a reference recognized as equivalentby the inspection agency,
(b) an estimate of the total harvest,(c) the quantity intended to be processed, broken down in the case of
tomatoes in accordance with paragraph 2 (c),
(d) the processing schedule.
5. Where the minimum price payable to the producer for a given
product is not published in the Official Journal of the European
Communities fifteen days before the beginning of the marketing year,
the deadline for signature of contracts shall, for the purposes of thefourth subparagraph of Article 2 (2) of Regulation (EC) No 2201/96, bedeemed to be the fifteenth day following that of publication of the price.
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However, for the 1997/98 marketing year, the deadline for signature forcontracts referred for in the preceding subparagraph shall be 31 July1997.
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6. In the case of tomatoes MemberStates shall notify the Commis-sion within 60 days of the deadline for signature of contracts of thequantities contracted, broken down by product group.
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Article 8
1. Processors and associations thereof shall forward copies of
processing contracts and any amendments thereto to the agency desig-nated by the Member State where the raw materials are produced and,where applicable, to the agency designated by the Member State whereprocessing takes place. Such copies must reach the competent authori-ties within 10 working days of conclusion of the contract.
2. In exceptional and duly justified cases, MemberStates may accept
processing contracts and amendments thereto which reach their authori-ties at a laterdate, pr ovided that such acceptance is compatible with theobjectives of the system of aid and does not jeopardize the possibility ofcontrols.
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Article 9
1. Without prejudice to cases covered by Article 7 (1) (b), a price at
least equal to the minimum price shall be paid for the raw materials byprocessors by bank or postoffice transfer order to producer organ-izations or, during the period referred to in the second subparagraph ofArticle 2 (2) of Regulation (EC) No 2201/96, to individual producers.
A producer organization shall pay the amounts referred to in the first
subparagraph in full within 15 working days by transfer order to itsmembers and, where applicable, to producers who market their produc-tion through the organization in accordance with the third subparagraphof Article 2 (2) of Regulation (EC) No 2201/96. In cases envisaged byArticle 7 (1) (b) of this Regulation, such payments may be expressed ascredits.
2. Member States may adopt additional provisions relating to
processing contracts, covering in particular time-limits, terms ofpayment of the minimum price and damages payable by processors,producer organizations or producers where the latter do not fulfil theirobligations undercontr acts.
Article 10
Without prejudice to minimum quality criteria laid down or to be laid
down in accordance with the procedure provided for in Article 46 ofRegulation (EC) No 2200/96, raw materials delivered to processorsunder processing contracts shall be of sound and fair merchantablequality and suitable forpr ocessing.
TITLE V
Aid applications
Article 11
1. Processors shall submit production aid applications to the agency
designated by the Member State on whose territory processing is carriedout.
2. In the case of dried figs, processors shall submit three aid applica-
tions in respect of each marketing year:
(a) the first relating to products processed before 30 November,(b) the second relating to products processed from 1 December to the
end of February, and
(c) the third relating to products processed during the remainder of the
marketing year concerned.
Aid applications as referred to in (a) and (b) shall be submitted
within 30 days of expiry of the processing period concerned, and, inthe case of those referred to in (c), by 31 October of the followingmarketing year.
3. In the case of prunes, processors shall submit three aid applica-
tions in respect of each marketing year:
(a) the first relating to products processed before 31 December,(b) the second relating to products processed from 1 January to 30
April, and
(c) the third relating to products processed during the remainder of the
marketing year concerned.
Aid applications as referred to in (a) and (b) shall be submitted
within 30 days of expiry of the processing period concerned and, inthe case of those referred to in (c), by 30 November of thefollowing marketing year.
4. In the case of products processed from peaches, pears and toma-
toes, aid applications may be submitted once only per marketing year.They must reach the competent authorities by 1 February of themarketing year concerned.
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5. In exceptional, duly justified cases, MemberStates may accept aidapplications after the deadlines laid down in this Article, provided thatthis does not adversely affect the system of production aid.
Article 12
1. Aid applications shall include, in particular:
(a) the name and address of the applicant;(b) the net weight of finished products for which a specific rate of aid
is applicable, broken down into products on which aid is and is notpaid;
(c) the net weight of the raw materials used to obtain each category of
products as referred to in (b), broken down into quantities coveredby contracts signed with producer organizations and those coveredby contracts signed with individual producers. ►
M2The quantities
of raw materials and of the products indicated at points (a), (b), (i)and (l) of Article 1(2) used to make the products indicated at points(q) and (r) of Article 1(2) shall be stated separately; ◄
(d) a declaration by the processor to the effect that the finished prod-
ucts comply with the quality standards laid down pursuant toArticle 8 of Regulation (EC) No 2201/96.
2. Aid applications shall be accompanied by copies of the transfer
orders provided for in the first subparagraph of Article 9 (1). In the caseof undertakings covering supplies, such copies may be replaced by adeclaration by the producer to the effect that the processor has creditedhim with a price at least equal to the minimum. Such copies or declara-tions shall quote the references of the relevant contracts.
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Aid applications shall be unacceptable if the minimum price has notbeen paid in full for all the raw materials used in the finished productcovered by the aid application.
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3. For the purposes of the second subparagraph of Article 2 (2) ofRegulation (EC) No 2201/96, the quantities on which the aid is payableand obtained from raw materials delivered under contracts concludedwith individual producers may not exceed the percentages laid down inthat subparagraph, of the total quantity of finished products obtained bythe processor in respect of which the other conditions for the granting ofthe aid are fulfilled.
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In the case of tomato-based processed products if the requirement of theprevious subparagraph is not met the quantities eligible for aid shall bedetermined by applying it to each of the finished products obtained bythe processor for which the other eligibility requirements for the aid aremet.
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4. In the case of processed tomato products, aid applications mustalso be accompanied by the following information:
(a) in respect of products not covered by the quota for which at least
the minimum price has been paid:
— the net weight of the finished products, broken down as for the
products on which the aid is payable,
— the net weight of the raw materials used for processing into each
of the finished products referred to in the first indent,
— a declaration by the processor to the effect that the finished
products meet the quality standards laid down by theCommunity,
— copies of the transfer orders referred to in the first subparagraph
of Article 9 (1) or, in the case of undertakings coveringsupplies, of a declaration by the producer to the effect that theprocessor has credited him with a price at least equal to theminimum. Such declarations must quote the references of therelevant contracts;
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(b) in respect of products not covered by the quota for which at least
the minimum price has not been paid:
— the net weight of the finished products, broken down as for
products on which aid is payable,
— the net weight of the raw materials used for processing into each
of the finished products referred to in the preceding indent.
Article 13
1. In the case of processed tomato products, between 1 September
and 30 November processors may submit applications for payment ofprovisional aid. Such applications shall include in particular:
(a) the name and address of the applicant;(b) the net weight of the finished products processed by 25 November
and covered by the provisional aid application, broken down intothe rates of aid applicable;
(c) the net weight of the tomatoes used forpr ocessing into each of the
products referred to in (b);
(d) a copy of the bank or post-office transfer orders proving payment of
a price of 50 % or more of the minimum price for the quantities oftomatoes referred to in (c) and the references of the concludedcontracts to which those quantities relate;
(e) a declaration by the processor to the effect that the products referred
to in (b) meet the quality requirements laid down by theCommunity.
2. The provisional production aid payable on the quantity of finished
products referred to in paragraph 1 (b) shall be paid to the processor.The provisional aid shall be paid subject to the lodging of a securityequal to the aid, plus 10 %.
Article 12 (3) shall apply.The provisional aid shall be paid by the competent body within 30 days
of the date of lodging of the application.
At the request of the Member State, the time-limit may, with the
agreement of the Commission, be extended to 45 days where, for dulyjustified reasons of verification, the shorter time-limit cannot be met.
3. Securities shall be forfeited in proportion to any quantity in
respect of which provisional aid has been unduly applied for, withoutprejudice to Article 16.
4. Without prejudice to paragraph 3, securities shall be released once
production aid based on aid applications as referred to in Article 12 ispaid by the competent authorities.
5. Where this Article is implemented, the information and documents
referred to in Article 12 (1) and (2) shall cover the entire production ofprocessors during the marketing year concerned and aid applicationsshall state that an application forpr ovisional aid has been submitted.
TITLE VI
Checks and penalties
Article 14
1. Processors shall keep records showing at least the following:
(a) consignments of raw materials purchased and entering their prem-
ises each day, specifying those covered by processing contracts oramendments thereto, together with the numbers of any receipts inrespect of such consignments;
(b) the weight of each consignment and the name and address of the
other party to the contract;
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(c) the quantities of finished products obtained each day from
processing of the raw materials, broken down into quantities onwhich the aid is payable and others;
(d) in the case of processed tomato products, the quantities of finished
products obtained each day from the processing of raw materialsnot covered by the quota, for which at least the minimum price waspaid;
(e) the quantities and prices of products leaving the processor’s prem-
ises, consignment by consignment, with details of the consignee.Such data may be recorded by reference to supporting documents,provided the latter contain the abovementioned particulars.
2. Processors shall retain proof of payment in respect of all raw
materials purchased under processing contracts or amendments thereto.
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2a. In the case of the raw materials and quantities of the productsindicated at points (a), (b), (i) and (l) in Article 1(2) used for the mixedfruit and prepared sauces indicated at points (q) and (r) of Article 1(2)the processor shall keep a special register containing at least the infor-mation specified at points (a) to (d) of paragraph 1, and showing:
(a) the quantities of mixed fruit and prepared sauces obtained each day,
broken down by product composition as referred to in Article 3(2);
(b) the quantities and prices of the mixed fruit and prepared sauces
leaving the processing establishment, by consignment, with detailsof the consignee. This information may be replaced by references tosupporting documents provided these contain the necessary infor-mation;
(c) the consignments of the products indicated at points (a), (b), (i) and
(l) of Article 1(2) purchased and entering the establishment eachday with details of the seller.
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3. Processors shall undergo any inspections or checks deemed neces-sary and shall keep such additional records as the national authoritiesrequire to conduct any checks they deem necessary. Where an inspec-tion orchecks laid down cannot be conducted forr easons attr ibutable tothe processor, despite the latter’s having been formally notified thereof,no aid shall be paid in respect of the marketing year in question.
Article 15
1. Each marketing year the competent authorities shall verify proces-
sors’ records and shall conduct on-the-spot sampling checks of aidapplications covering at least 25 % of the quantities of finished prod-ucts in question, to ensure, in particular, that:
(a) finished products which may be the subject of a production aid
application meet the applicable quality standards. Where the resultsof analysis of official samples are at variance with the particularsentered in processors’ records, thereby implying that the minimumCommunity quality standards have not been met, no aid shall bepaid in respect of the processing operations in question;
(b) the quantities of raw materials used for processing correspond to
those indicated in the aid application;
(c) the price paid for the raw materials processed into products as
referred to in (a) is at least equal to the minimum price laid down;and
(d) the raw materials comply with the quality requirements.
2. In the case of processed tomato products, verification of proces-
sors’ records and sampling checks as provided for in paragraph 1 shallalso be carried out in respect of quantities not covered by the quota forwhich at least the minimum price has been paid.
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If the products indicated at points (q) and (r) of Article 1(2) are made,in addition to the other checks required under this Article the competentauthorities shall make frequent unannounced checks on the spot scaled
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to the quantities of the products used to make them on which aid isliable to be payable; checks shall be at least monthly during theprocessing period.
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3. Each marketing year, the competent authorities shall also conductsampling checks covering:
(a) the weight of the raw materials delivered to processing plants,(b) transfer orders as referred to in Article 9 (1).
4. Verifications undertaken pursuant to this Article shall be without
prejudice to any checks conducted subsequently by the competentauthorities or any consequences resulting from the application of theprovisions in force.
5. Member States shall take all measures necessary to prevent and
punish fraud in respect of the production aid system and to ensure thecorrect implementation thereof.
Article 16
1. With regard to provisional aid under Article 13, where processors
do not submit aid applications covered by Article 11 (4), the securitiesprovided for in Article 13 (2) shall be forfeited in full and the proces-sors shall be disqualified from the production aid system provided for inArticle 2 of Regulation (EC) No 2201/96 for the following marketingyear.
2. Where it is ascertained that the production aid on a product,
applied for by a processor in respect of any marketing year, exceeds theamount due, then that amount shall be reduced where the difference isthe result of false declarations or false documents or of negligence onthe part of the processor. The reduction shall be equal to twice thedifference, plus interest calculated on the time elapsing betweenpayment and reimbursement by the recipient of the excess amount.
The rate of interest shall be that applied by the European Monetary
Institute to operations in ecus and published in the ‘C' series of theOfficial Journal of the European Communities in force at the date of
over-payment, plus three percentage points.
3. Where paragraph 2 is applied, if the difference between the aid
actually paid and the aid due exceeds 20 % of the latter, the recipientshall reimburse the total aid paid, plus interest calculated in accordancewith that paragraph; if that difference exceeds 30 %, the processor shallin addition forfeit any right to production aid for the followingmarketing year.
4. Amounts recovered and interest due shall be paid to the competent
paying agency and deducted from expenditure financed by the EuropeanAgricultural Guidance and Guarantee Fund.
5. Member States shall take the measures necessary to ensure
compliance with the second subparagraph of Article 9 (1). They shallmake provision in particular for the penalties applicable to the officersof producer organizations, to be commensurate with the seriousness ofany misconduct on theirpar t.
6. This Article shall apply without prejudice to other penalties to be
adopted in accordance with Article 25 of Regulation (EC) No 2201/96.
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7. Without prejudice to Article 11(5), if aid applications aresubmitted afterthe deadline specified in that Ar ticle, aid shall bereduced by 20 % per month or part thereof. No aid shall be granted ifthe application is more than two months late.
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TITLE VII
Notifications to the Commission
Article 17
Each MemberState concer ned shall notify the Commission:
1. by 1 December, of the following:
(a) the estimated harvest of unprocessed dried figs, prunes, peaches,
pear s and tomatoes used orintended to be used forpr ocessinginto any of the finished products referred to in Article 1 (2),broken down in accordance with (b);
(b) the estimated production during the current marketing year of:
— tomato concentrate,
— whole peeled preserved tomatoes, broken down into peeled
tomatoes of the San Marzano variety and peeled tomatoes ofthe Roma variety and similar varieties,
— other processed tomato products,— peaches in syrup and/or in natural juice,— Williams and Rocha pears in syrup and/or in natural juice,— dried figs,— prunes;
2. by 1 April, of the following:
(a) the quantity, expressed as net weight, of finished products
processed from peaches, pears and tomatoes, broken down intoproducts on which aid is paid and products on which aid is notpaid;
(b) the quantity of raw materials used to manufacture the products
referred to in (a);
(c) the quantity, expressed as net weight, of products as referred to
in (a) in stock at 31 December of the preceding year, brokendown into products sold and products unsold;
(d) in the case of tomatoes, the quantities referred to in (a), (b) and
(c), further broken down by rate of aid;
(e) in the case of processed tomato products:
(i) in the case of products not covered by the quota for which
at least the minimum price was paid:
— the quantity, expressed as net weight, of finished prod-
ucts covered by aid applications,
— the quantity of raw materials quoted in aid applications
as having been used to manufacture products coveredby the first indent;
(ii) in the case of products not covered by the quota for which
at least the minimum price was not paid:
— the quantity, expressed as net weight, of finished prod-
ucts covered by aid applications,
— the quantity of raw material quoted in aid applications
as having been used to manufacture products asreferred to in the first indent;
(iii) the quantities of finished products and raw materials as
referred to in points (i) and (ii), broken down in the sameway as products qualifying for aid;
(iv) the total area in hectares planted during the marketing year;(v) the average yield, expressed in tonnes per hectare, for the
marketing year;
(vi) the area and yield, broken down into:
— tomatoes of the San Marzano variety,
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— tomatoes of the Roma and similarvar ieties,
— tomatoes of round varieties;
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(vii) the average soluble dry weight content of the tomatoes
used to make tomato concentrate;
(f) the information required under points (a) to (e) must include the
quantities of the products indicated at (a), (b), (i) and (l) ofArticle 1(2) used to make products as indicated at points (q) and(r) of Article 1(2);
(g) the total quantity made of each of the products indicated at
points (q) and (r) of Article 1(2), broken down according to theproducts indicated at (a), (b), (i) and (l) of Article 1(2) used tomake them.
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3. by 1 June, of the following:
(a) the quantity, expressed as net weight, of prunes and dried figs,
broken down into products on which the aid is paid and productson which the aid is not paid, and by quality class;
(b) the total quantity of dried figs and prunes obtained from plums
of theprunes d’Ente variety used in the manufacture of products
as referred to in (a);
(c) the quantity, expressed as net weight, of products as referred to
in (a) and (b) in stock at 1 May, broken down into products soldand products unsold.
TITLE VIII
Final provisions
Article 18
Regulation (EC) No 1558/91 is hereby repealed. However, it shall
remain applicable for each product concerned until the end of the1996/97 marketing year.
Article 19
This Regulation shall enterinto for ce on the seventh day following that
of its publication in the Official Journal of the European Communities .
However, the first subparagraph of Article 6 (1) concerning the closing
date for the conclusion of preliminary contracts shall not apply for the1997/98 marketing year.
This Regulation shall be binding in its entirety and directly applicable in
all MemberStates.