1992R2075 — EN — 08.03.1996 — 004.001 — 1
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►B COUNCIL REGULATION (EEC)No 2075/92
of 30 June 1992
on the common organization of the market in raw tobacco
(OJ L 215, 30.7.1992, p. 70)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 711/95 of 27 March 1995 L 73 13 1.4.1995
►M2 Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
►M3 Council Regulation (EC) No 415/96 of 4 March 1996 L 59 3 8.3.1996
Amended by:
►A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COUNCIL REGULATION (EEC)No 2075/92
of 30 June 1992
on the common organization of the market in raw tobacco
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the operation and development of the common market for
agricultural products must be accompanied by the establishment of a
common agricultural policy to include in particular a commonorganization of markets which may take various forms depending onthe product;
Whereas it is the purpose of the common agricultural policy to achieve
the objectives of Article 39 of the Treaty, and, in particular in the rawtobacco sector, the stabilization of markets and a fair standard of livingfor the agricultural population concerned; whereas these objectives maybe achieved by adapting resources to requirements, in particular by
means of a quality policy;
Whereas the present situation on the tobacco market, on which supply
does not correspond to demand, calls for a substantial overhaul of theCommunity arrangements which have governed the market hitherto,
while ensuring the continuation of tobacco growing by the traditional
producers; whereas such an overhaul requires simplification of themarket management mechanisms, limitation of production in line withthe requirements of the market and the demands of the budget, andstronger means of control to ensure that the management mechanismsfully achieve the objectives of the common market organization;
Whereas tobacco varieties can be classified in groups according to
cultivation technique and production costs, taking account of thedescriptions used in international trade;
Whereas competition on the tobacco market calls for some support of
traditional tobacco producers; whereas such support should be based ona premium system allowing the disposal of tobacco in the Community;
Whereas the premium system can be managed efficiently by means of
cultivation contracts between growers and first processors whichguarantee stable outlets to the growers and regular supplies to theprocessor; whereas payment of a sum equivalent to the premium by theprocessor to the producer at the time of delivery of the tobacco covered
by the contract, subject to compliance with the quality requirements,
provides support for the growers while facilitating management of thepremium system;
Whereas, in order to limit Community tobacco production and to
discourage the production of varieties which are not readily disposed of,
a maximum global guarantee threshold should be laid down for theCommunity and divided annually into specific guarantee thresholds forthe respective groups of varieties;
Whereas, to ensure that the guarantee thresholds are observed, a
processing quota system must be instituted for a limited period; whereasfor a transitional period the Member States must allocate, within theguarantee thresholds, processing quotas to the firms concerned, theCommunity rules laid down for the purpose being applied to ensure fairallocation on the basis of quantities processed in the past, but1992R2075 — EN — 08.03.1996 — 004.001 — 2
(1) OJ No C 295, 14. 11. 1991, p. 10.
(2) OJ No C 94, 13. 4. 1992.
(3) OJ No C 98, 21. 4. 1992, p. 18.
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disregarding any abnormal production levels; whereas the necessary
measures will be taken to permit the quotas to be allocated to theproducers subsequently, under satisfactory conditions; whereas Member
States possessing the necessary data to allocate quotas to producers on
the basis of past performance, should be authorized to do so;
Whereas first processors must not conclude cultivation contracts for
quantities exceeding the quotas allocated; whereas reimbursement of thepremium must be limited to an amount corresponding to the quota;
Whereas provision should be made initially for the premium and
production limitation systems to run until 1997 so that they can bereviewed in the light of experience and possibly adapted for thesubsequent period;
Whereas measures to orientate production can help to stabilize the
tobacco market and improve the quality of production; whereas specific
aid will enable producer groups to contribute towards the improvementof the organization and orientation of production; whereas a researchprograme financed with the proceeds of a deduction from the premiumwill enable tobacco growing to be brought more closely into line withCommunity requirements as regards public health; whereas, lastly, a
conversion programme for growers of Mavra, Tsebelia, Forchheimer
Havanna IIc and hybrids of Geudertheimer tobacco is necessary becauseof the importance of these varieties for the economy of certainCommunity regions;
Whereas the establishment of a single market requires a single system of
trade at the external frontiers;
Whereas quantitative restrictions at the Community's external frontiers
can be dispensed with; whereas, however, should exceptional circum-stances arise, in order not to leave the Community market withoutprotection against any disturbance, the Community should be able totake all the necessary measures without delay;
Whereas unforeseen market circumstances may necessitate the adoption
by the Commission of exceptional market support measures;
Whereas the achievement of a single market would be jeopardized by
the grant of certain aids; whereas the Treaty provisions governing theappraisal of aids granted by Member States and the prohibition of aids
incompatible with the common market should be applied to the tobacco
sector;
Whereas, in accordance with Council Regulation (EEC) No 729/70 of 21
April 1970 on the financing of the common agricultural policy (
1), the
Community should bear financial responsibility for expenditure incurredby Member States pursuant to this Regulation;
Whereas experience shows that more stringent controls in the tobacco
sector are essential, whereas in appropriate cases certain powers ofcontrol could be assigned to an independent supervisory agency to dealwith the specific requirements of the tobacco market;
Whereas the common organization of the tobacco market must take
account, simultaneously and appropriately, of the objectives laid down
in Article 39 and 110 of the Treaty;
Whereas the transition from the arrangements instituted by Council
Regulation (EEC) No 727/70 of 21 April 1970 on the commonorganization of the market in raw tobacco (
2), to the arrangements
provided for herein must take place in the best possible conditions;
whereas transitional measures may prove necessary to ensure this;
whereas the new arrangements should not become fully applicable untilthe 1993 harvest,1992R2075 — EN — 08.03.1996 — 004.001 — 3
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation
(EEC) No 2048/88 (OJ No L 185, 15. 7. 1988, p. 1).
(2) OJ No L 94, 28. 4. 1970, p. 1. Regulation as last amended by Regulation
(EEC) No 860/92 (OJ No L 91, 7. 4. 1992, p. 1).
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HAS ADOPTED THIS REGULATION:
Article 1
The common organization of the market in raw tobacco shall comprise
rules on:
— a premium system,
— measures to orientate and limit production,— arrangements for trade with third countries.
The common organization shall cover raw or unmanufactured tobacco
and tobacco refuse falling within CN heading 2401.
Article 2
Raw tobacco varieties shall be classified in the following groups:
(a) flue-cured:
tobacco dried in ovens with controlled air circulation, temperature
and humidity;
(b) light air-cured:
tobacco dried in the air under cover, not left to ferment;
(c) dark air-cured:
tobacco dried in the air under cover, left to ferment naturally before
being marketed;
(d) sun-cured:
tobacco dried in the sun;
(e) fire-cured:
tobacco dried by fire;
(f) Basma (sun-cured);
(g) Katerini (sun-cured);(h) Kaba-Koulak (classic) and similar (sun-cured).
The varieties in each group are listed in the Annex.
TITLE I
Premium system
Article 3
1. From the 1993 harvest until the 1997 harvest a premium system
shall be applied. The amount of the premium shall be the same for the
tobacco varieties in each of the various groups.
2. However, for flue-cured, light air-cured and dark air-cured
tobaccos grown in Belgium, Germany and France, a supplementaryamount shall be granted. This amount shall be equal to 50 % of the
difference between the premium granted for these tobaccos in
accordance with paragraph 1 and the premium applicable for the 1992harvest.
3. The purpose of the premium shall be to supplement the incomes of
producers whose products correspond to market requirements and to
facilitate the disposal of tobacco produced in the Community.
Article 4
1. In accordance with the procedure laid down in Article 43 (2) of the
Treaty, the Council shall fix the amount of the premium and the
supplementary amounts for each tobacco harvest, taking particularaccount of past and foreseeable possibilities for the disposal of thevarious types of tobacco, under normal conditions of competition, on theCommunity and world markets.1992R2075 — EN — 08.03.1996 — 004.001 — 4
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2. The amount of the premium shall be fixed:
(a) per kilogram of leaf tobacco not having undergone first processing
and market preparation;
(b) for each group of raw tobacco.
Article 5
Granting of the premium shall be subject in particular to the following
conditions:
(a) the tobacco must come from a production area specified for the
variety concerned;
(b) quality requirements must be fulfilled;
(c) the leaf tobacco must be delivered by the producer to the premises of
the first processor under a cultivation contract.
Article 6
1. Cultivation contracts shall include:
— an undertaking by the first processor to pay the grower the purchase
price and, where the competent body of the Member State does notpay the premium to the grower directly, a sum equal to the premiumfor the quantity under contract and actually delivered,
— an undertaking by the grower to deliver raw tobacco meeting the
quality requirements laid down in the contract to the premises of the
first processor.
2. The competent body of the Member State shall pay the premium to
the grower against submission of proof of delivery of the tobacco orshall reimburse the premium to the first processor where the latter haspaid the producer a sum equal to the premium, against submission ofproof of delivery of the tobacco by the grower and payment of the sum
referred to in paragraph 1.
Article 7
Detailed rules for the application of this Title shall be adopted in
accordance with the procedure laid down in Article 23.
They shall comprise:
— delimitation of the production areas for each variety,
— quality requirements for delivered tobacco,— additional points to be included in the cultivation contract and the
final date for its conclusion,
— the possible obligation on first processors or growers to provide a
security and the conditions governing the lodging and release of thesecurity in the event of an application for an advance,
— specific conditions for the grant of the premium in cases where the
cultivation contract is concluded with a group of producers,
— measures to be taken in the event of failure of the grower or first
processor to fulfil his statutory obligations.
TITLE II
System of production limitation
Article 8
A maximum global guarantee threshold for the Community is hereby
fixed at ►A1350 600 ◄tonnes of raw leaf tobacco per harvest.
However, for 1993, this threshold is fixed at 370 000 tonnes.
Every year, within this limit the Council shall fix, in accordance with the
procedure laid down in Article 43 (2) of the Treaty, a specific guarantee1992R2075 — EN — 08.03.1996 — 004.001 — 5
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threshold for each group of varieties, taking particular account of market
conditions and socio-economic and agronomic conditions in theproduction areas concerned.
Article 9
1. To ensure observance of the guarantee thresholds, a system of
production quotas shall apply for the 1995, 1996 and 1997 harvests.
2. Pursuant to the procedure laid down in Article 43 (2) of the Treaty,
the Council shall allocate the quantities available in each group of
varieties for each harvest among the producer Member States.
►
M33. On the basis of the quantities fixed pursuant to paragraph 2
and without prejudice to the application of paragraphs 4 and 5, MemberStates shall distribute production quotas to producers in proportion to the
average quantities delivered for processing during the three years
preceding the year of the last harvest, broken down by group ofvarieties. ◄However, production in 1992 and deliveries from that
harvest shall not be taken into account; they shall be replaced by thoseof the fourth year preceding the year of the last harvest. The procedurefor allocating production quotas for subsequent harvests shall not be
affected by this distribution.
4. When quotas are divided up as provided for in paragraph 3, no
account shall be taken, in particular, when calculating the referenceproduction, of quantities of raw tobacco produced in excess of themaximum guaranteed quantities applicable pursuant to Regulation
(EEC) No 727/70.
Where appropriate, only production within the quotas allocated during
the years taken into consideration shall be taken into account.
5. Before the deadline laid down for the conclusion of cultivation
contracts, Member States may be authorized to transfer guarantee
threshold quantities remaining available after the distribution of quotasin accordance with paragraph 3 to another group of varieties.
Subject to the application of the third subparagraph, a reduction of one
tonne in the threshold quantity for one group of varieties shall give rise
to a maximum increase of one tonne in the other group of varieties.
Transfers of guarantee threshold quantities from one group of varieties
to another may not give rise to additional expenditure for the EAGGF.
Detailed rules for the application of this Title shall be adopted in
accordance with the procedure laid down in Article 23. They shallinclude the definition of the quantities referred to in the first
subparagraph.
Article 10
1. No premium may be granted in respect of quantities produced in
excess of the quota allocated to the grower.
2. Notwithstanding paragraph 1, growers may deliver surplus
production corresponding to up to 10 % of their quotas for each groupof varieties, that surplus being eligible for the premium granted inrespect of the following harvest on condition that, during the latterharvest, the party concerned reduces his production by a correspondingamount so that the combined quotas for the two harvests in question are
not exceeded.
Article 11
Detailed rules for the application of this Title shall be adopted in
accordance with the procedure laid down in Article 23. They shallinclude in particular the adjustments to the method for dividing up thequotas provided for Article 9 (4).1992R2075 — EN — 08.03.1996 — 004.001 — 6
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TITLE III
Measures to convert production
Article 12
1. In order to concentrate supply and adapt it to the qualitative
requirements of the market, specific aid equivalent to 10 % of thepremium shall be granted where cultivation contracts are concludedbetween a first processor and a recognized group of producers and wherethe deliveries covered by such contracts account for the entire output of
the members of the group.
2. Specific aid shall be paid to the producers' group for the purpose of
improving the organization and orientation of production.
3. Detailed rules for the application of this Article shall be adopted by
the Commission in accordance with the procedure laid down in Article
23. They shall include:
— the definition of producers' groups eligible for specific aid,
— the conditions for recognizing producers' groups,— the use to which specific aid may be put.
Article 13
1. A Community fund for tobacco research and information shall be
set up. It shall be financed from the proceeds of a deduction not
exceeding 1 % from the premium at the time of payment.
2. The fund shall finance and coordinate programmes of research and
information to promote greater knowledge of the harmful effects oftobacco and the appropriate preventive and curative measures relevant tosuch effects and to orientate Community tobacco production towards theleast harmful varieties and qualities.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 23.
Article 14
A three-year programme for the conversion of plantations of Mavra,
Tsebelia, Forchheimer Havanna IIc and hybrids of Geudertheimertobacco to varieties more in line with market requirements or to other
agricultural crops shall be adopted by the Commission in accordance
with the procedure laid down in Article 23. The programme shall belaunched beginning with the 1993 harvest. It may comprise specificmeasures to compensate growers for any loss of income due to theconversion.
TITLE IV
Trade with third countries
Article 15
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 16
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply to
the classification of products covered by this Regulation.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade withthird countries:
(a) the levying of any charge having equivalent effect to a customs
duty;1992R2075 — EN — 08.03.1996 — 004.001 — 7
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(b) the application of any quantitative restriction or measure having
equivalent effect.
Article 16a
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatenedwith, serious disturbance likely to jeopardize the achievement of the
objective set out in Article 39 of the Treaty, appropriate measures may
be applied in trade with third countries until such disturbance of threat ofdisturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for the application of this paragraph and shalldefine in what cases and within what limits Member States may take
protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the Commis-sion receives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on
which they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2) ofthe Treaty.
TITLE V
General and transitional provisions
Article 17
In order to deal with unforeseen market circumstances, exceptional
support measures may be taken in accordance with the procedure laid
down in Article 23. The scope and duration of such measures may not
exceed that which is strictly necessary to support the market.
Article 18
Except where this Regulation provides otherwise, Articles 92, 93 and 94
of the Treaty shall apply to production of and trade in the productsreferred to in Article 1.
Article 19
Expenditure incurred pursuant to Title I and III shall be regarded as
expenditure within the meaning of Article 1 (2) of Regulation (EEC) No729/70.
Article 20
1. Member States shall take all the necessary measures to ensure
compliance with the Community provisions concerning raw tobacco. Tothis end they shall notify to the Commission, within six months after theadoption of this Regulation, the arrangements they intend to make forthe purposes of management and control. Within three months after such
notification the Commission shall approve the arrangements or ask for
adjustments. Where adjustments are required the Member State shallmake them at the earliest opportunity. Any modification of nationalarrangements shall be notified without delay by the Member States tothe Commission and examined by it in accordance with the sameprocedure.1992R2075 — EN — 08.03.1996 — 004.001 — 8
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2. Each producer Member State shall set up, in accordance with its
legal order, a specific agency to carry out certain checks in connectionwith the Community arrangements for tobacco. However, Member
States who have a threshold quantity of less than 45 000 tonnes pursuant
to Article (9) 2, may choose not to set up such an agency.
3. The agency shall be given complete administrative autonomy. It
shall be given full powers by the Member States concerned to carry outthe tasks assigned to it.
Its staff shall be sufficient in number and level of training to accomplish
the tasks specified above.
4. Before the beginning of each marketing year, the Member State
concerned shall, acting on a proposal from the agency, draw up and sendto the Commission a budget estimate and work schedule to ensure
correct application of the premium system. The Commission may ask
the Member State, without prejudice to the responsibilities of the latter,to make any change in the budget estimate or work schedule that itdeems appropriate.
Persons designated by the Commission may at any time monitor any of
the work carried out by the agency.
The agency shall submit to the Member State and the Commission
regular reports on the work which it has carried out. Such reports mustmention any problems encountered and, where appropriate, suggestionsas to how to improve the checking arrangements.
5. 50 % of actual expenditure by the agency shall be chargeable to
the general budget of the European Communities, the remainder beingcovered by the Member State concerned.
6. The annual amount representing the actual expenditure referred to
in paragraph 5 shall be decided upon by the Commission on the basis of
the particulars provided by the Member States concerned. The amount
shall be granted when the Commission is satisfied that the agency hasbeen set up and is performing the work assigned to it. In order tofacilitate the setting-up and operation of the agency, the amount inquestion may be paid in advance in the form of instalments during theyear in question, in accordance with the agency's annual budget, the
latter being drawn up with the agreement of the Member State and the
Commission before the end of October of each following year.
7. Member States shall take the necessary measures to ensure that the
inspection officers designated pursuant to paragraphs 2 to 4:
— have access to the premises of production, processing and marketing,
— can examine accounting data and other documents relevant to the
checking procedure, and make copies or take extracts from them,
— can ask for any relevant information.
8. Detailed rules for the application of this Article shall be adopted by
the Commission in accordance with the procedure laid down in Article
23.
Article 21
Member States and the Commission shall send each other any
information necessary for the application of this Regulation. Detailedrules for the sending and dissemination of such information shall be
adopted in accordance with the procedure laid down in Article 23.
Article 22
A Management Committee for Tobacco (hereinafter called ‘the
Committee’) shall be established, consisting of representatives ofMember States and presided over by a representative of the Commis-sion.1992R2075 — EN — 08.03.1996 — 004.001 — 9
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Article 23
1. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.
2. The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accordance withthe opinion of the Committee, they shall be communicated by theCommission to the Council. In that event the Commission may deferapplication of the measures which it has decided for a period of not
more than one month from the date of such communication.
3. The Council, acting by a qualified majority, may take a different
decision within the time limit referred to in the previous paragraph.
Article 24
The Committee may consider any other matter raised by its chairman,
either on his initiative or at the request of the representative of aMember State.
Article 25
This Regulation must be applied in such a way that account is taken,
simultaneously and appropriately, of the objectives laid down in Articles39 and 110 of the Treaty.
Article 26
Before 1 April 1996 the Commission shall submit a proposal to the
Council concerning the arrangements provided for in Titles I and II forapplication from the 1998 harvest onwards. The Council shall act on this
proposal in accordance with the procedure laid down in Article 43 (2) of
the Treaty.
Article 27
Where transitional measures prove necessary to facilitate the transition
from the arrangements set up by Regulation (EEC) No 727/70 to thoselaid down in this Regulation, such measures shall be adopted inaccordance with the procedure laid down in Article 23.
Article 28
Regulation (EEC) No 727/70 is repealed with effect from the 1993
harvest.
Article 29
This Regulation shall apply from the 1993 harvest.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R2075 — EN — 08.03.1996 — 004.001 — 10
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ANNEX
CLASSIFICATION OF TOBACCO VARIETIES
I. FLUE-CURED
Virginia
Virginia D and hybrids thereofBright
II. LIGHT AIR-CURED
BurleyBadischer Burley and hybrids thereof
Maryland
III. DARK AIR-CURED
Badischer Geudertheimer, Pereg, KorsoParaguay and hybrids thereof
Dragon Vert and hybrids thereof
PhilippinPetit Grammont (Flobecq)
Semois
AppelterreNijkerk
Misionero and hybrids thereof
Rio Grande and hybrids thereof
Forchheimer Havanna IIc
Nostrano del BrentaResistente 142
Goyano
Hybrids of GeudertheimerBeneventano
Brasile Selvaggio and similar varieties
Fermented BurleyHavanna
IV. FIRE-CURED
Kentucky and hybrids
Moro diCoriSalento
V. SUN-CURED
Xanthi-YakaPerustitza
Samsun
Erzegovina and similar varietiesMyrodata Smyrnis, Trapezous and Phi I
Kaba Koulak (non-classic)
TsebeliaMavra1992R2075 — EN — 08.03.1996 — 004.001 — 11
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VI. Basmas
VII. Katerini and similar varieties
VIII. Kaba Koulak (classic)
Elassona
Myrodata Agrinion
Zichnomyrodata1992R2075 — EN — 08.03.1996 — 004.001 — 12