2001R0449 — EN — 06.08.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No449/2001
of2March2001
laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid
schemeforproductsprocessedfromfruitandvegetables
(OJ L 64, 6.3.2001, p. 16)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1343/2001 of 3 July 2001 L 181 16 4.7.2001
►M2Commission Regulation (EC) No 1426/2002 of 2 August 2002 L 206 4 3.8.2002
▼B
COMMISSIONREGULATION(EC)No449/2001
of2March2001
laying down detailed rules for applying Council Regulation (EC)
No2201/96asregards theaidschemeforproductsprocessedfrom
fruitandvegetables
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 organisation of the markets in processed fruit and
vegetable products(1), aslas t amended by Regulation (EC) No 2699/
2000(2), and in particular Article 1(3), Article 3(2), Article 6, Article
6b(3), Article 6c(7), Article 25, Article 26 and Article 27(1) thereof,
Whereas:
(1)Regulation (EC) No 2201/96 introduced, on the one hand, aid to
producer organisations delivering tomatoes, peaches and pears
for processing into the products listed in Annex I to that Regula-
tion and, on the other hand, aid to processors of prunes and figs.These products must be obtained from fruit and vegetablesharvested in the Community.
(2)To ensure that the scheme is applied uniformly, the productslisted in Article 6a(1) of Regulation (EC) No 2201/96 and inAnnex I thereto, the marketing yearsapplicable to thos e productsand the delivery periodsfor the raw materialss hould be defined.
(3)The new scheme must be able to operate from the outset with asufficient number of producer organisations and, for the sake ofconsistency and by analogy with Council Regulation (EC) No2202/96 of 28 October 1996 introducing a Community aidscheme for producers of certain citrus fruits(
3), aslas t amended
by Regulation (EC) No 2699/2000, the term ‘producer organisa-
tions provisionally authorised’ appearing in the first
subparagraphs of Article 3(1) and Article 6a(2) of Regulation(EC) No 2201/96 must include producer organisations whichhave been granted preliminary recognition under Article 14 ofCouncil Regulation (EC) No 2200/96 of 28 October 1996 on
the common organisation of the market in fruit and vegeta-
bles(
4), aslas t amended by Regulation (EC) No 2826/2000(5),
aswell asthe producer organis ationsreferred to in Article 13of that Regulation.
(4)The production aid scheme is based on contracts between
producer organisations recognised or granted preliminary recog-
nition under Regulation (EC) No 2200/96 or individualproducersduring the 2001/02 marketing year, on the one hand,and processors, on the other hand. Producers and producer orga-nisations may also act as processors in certain circumstances.
The typesof contractsand the particularsto be included therein
should be specified for the purposes of applying the aid scheme.
(5)In order to improve the way the scheme operates, the authoritiesshould know of all producer organisations marketing the produc-
tion of their members, of members of other producer
organisations and of individual producers and wishing to qualifyunder the scheme. The authorities should also know of theprocessors signing contracts with such producer organisations;in addition, such processors should send the authorities the infor-mation necessary to ensure that the scheme operates correctly.2001R0449 — EN — 06.08.2002 — 002.001 — 2
(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 311, 12.12.2000, p. 9.
(3) OJ L 297, 21.11.1996, p. 49.
(4) OJ L 297, 21.11.1996, p. 1.
(5) OJ L 328, 23.12.2000, p. 2.
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Processors of tomatoes, peaches and pears must be approved
before they may conclude contracts.
(6)Contracts must be concluded by a given date in the case oftomatoes, peaches and pears and before the beginning of eachmarketing year in the case of the other products. To ensure thatthe scheme is as effective as possible, the parties to suchcontracts should nevertheless be authorised to increase the quan-
titiesoriginally s tipulated therein up to a given limit by meansof
amendmentsto the contracts .
(7)The number of aid applicationsto be s ubmitted by producerorganisations and processors must be determined taking accountof the processing process. Applications for aid must include all
the information needed for checking eligibility. To compensate
for the obligations imposed on producer organisations, provisionshould be made for the aid to be paid in advance, on conditionthat a security is lodged to ensure reimbursement if the require-mentsfor receiving the advance payment are not complied with.
(8)In order to ensure that the aid scheme is properly applied,producer organisations and processors must forward the neces-sary information and keep up-to-date suitable documentationand should, in particular, specify the areas under tomatoes,peaches and pears, on the basis of Council Regulation (EEC)No 3508/92 of 27 November 1992 establishing an integrated
administration and control system for certain Community aid
schemes(
1), aslas t amended by Regulation (EC) No 1593/
2000(2), and Commission Regulation (EEC) No 3887/92 of 23
December 1992 laying down detailed rulesfor applying the inte-grated administration and control system for certain Communityaid schemes(
3), aslas t amended by Regulation (EC) No 2721/
2000(4), for the purposes of all inspections and controls deemed
necessary.
(9)For the purposes of administering the aid scheme, proceduresmust be laid down for physical and documentary checks ondelivery and processing operations, checks must cover a suffi-
ciently representative number of aid applications and certain
penalties must be laid down for producer organisations andprocessors which breach the regulations, in particular by makingfalse declarations or failing to process products delivered.
(10)The measures provided for in this Regulation are to replacethose laid down in Commission Regulation (EC) No 504/97 of19 March 1997 laying down detailed rulesfor the applicationof Council Regulation (EC) No 2201/96 as regards the systemof production aid for products processed from fruit and vegeta-bles(
5), aslas t amended by Regulation (EC) No 1607/1999(6).
That Regulation should therefore be repealed.
(11)Regulation (EC) No 2699/2000 abolishes the quota and
minimum price arrangementsin particular in the cas e of toma-toes. Commission Regulation (EEC) No 1709/84 of 19 June1984 on minimum pricespayable to producersand amountsof
production aid for certain processed fruit and vegetables eligible
for production aid(
7), aslas t amended by Regulation (EC) No
1573/1999(8), Commission Regulation (EEC) No 2022/92 of 20
July 1992 on detailed rulesof application for the minimum priceto be paid to producersfor certain tomatoesdelivered for proces -sing and repealing Regulation (EEC) No 2036/91(
9) and2001R0449 — EN — 06.08.2002 — 002.001 — 3
(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 182, 21.7.2000, p. 4.
(3) OJ L 391, 31.12.1992, p. 36.
(4) OJ L 314, 14.12.2000, p. 8.
(5) OJ L 78, 20.3.1997, p. 14.
(6) OJ L 190, 23.7.1999, p. 11.
(7) OJ L 162, 20.6.1984, p. 8.
(8) OJ L 187, 20.7.1999, p. 27.
(9) OJ L 207, 23.7.1992, p. 9.
▼B
Commission Regulation (EC) No 661/97 of 16 April 1997 laying
down detailed rulesfor the application of Regulation (EC) No2201/96 as regards the system of quotas for processed tomato
products(
1), as amended by Commission Regulation (EC) No
2807/98(2), should therefore be repealed.
(12)To ensure a smooth switchover from the old to the new scheme,transitional measures should be adopted, in particular in the case
of processors signing contracts with individual producers during
the 2001/02 marketing year, aswell asfor the final date forsigning contracts for tomatoes and for applying the integratedsystem for management of areas.
(13)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for ProductsProcessed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
TITLEI
Definitionsandmarketingyears
Article 1
1. For the purposes of this Regulation the following definitions shall
apply:
(a) ‘producer organisations’ means producer organisations as referred
to in Articles11 and 13 of Regulation (EC) No 2200/96 andproducer organisations granted preliminary recognition underArticle 14 of that Regulation;
(b) ‘association of producer organisations’ means associations as
referred to in Article 16(3) of Regulation (EC) No 2200/96;
(c) ‘individual producer’ meansany natural or legal pers on not
belonging to a producer organisation and growing on their holdingraw material intended for processing;
(d) ‘processor’ means a processing enterprise operating, for economic
ends and on its own responsibility, one or more plants with facil-itiesfor manufacturing one or more of the productslis ted inparagraph 2(a) to (o) and, where applicable, approved in accor-dance with Article 3(1);
(e) ‘quantity’ means quantity expressed in net weight unless otherwise
indicated.
2. ‘Productslis ted in Annex I to Regulation (EC) No 2201/96’
meansthe following products :
(a) peachesin s yrup and/or in natural fruit juice: whole peachesor
piecesof 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 CN
codesex 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;
(b) pearsin s yrup and/or in natural fruit juice: pearsof the Williams
or Rocha varieties, whole or in pieces, without peel, having under-gone a heat treatment, packed in hermetically sealed containers
with a covering liquid of sugar syrup or natural fruit juice and
covered by CN codesex 2008 40 51, ex 2008 40 59, 2008 40 71,ex 2008 40 79, ex 2008 40 91 and ex 2008 40 99;
(c) mixed fruit: mixturesof fruit, whole or in pieces , without peel,
having undergone a heat treatment, with a covering liquid of sugar
syrup or natural fruit juice, packed in hermetically sealedcontainersin which the drained net weight of peachesand2001R0449 — EN — 06.08.2002 — 002.001 — 4
(1) OJ L 100, 17.4.1997, p. 41.
(2) OJ L 349, 24.12.1998, p. 34.
▼B
Williamsand Rocha pearsaccountsfor at leas t 60 % of the total
net drained weight, covered by CN codesex 2008 92 andex 2008 99, and made directly from fresh peaches and/or Williams
and Rocha pearsduring the periodsindicated in Article 2(2)(b)
and (c);
(d) prunes: prunes obtained from dried plums of the prune d'Ente
variety which have been suitably treated or processed and arepacked in appropriate containers, covered by CN codeex 0813 20 00 and ready to be offered for human consumption;
(e) dried figs: dried figs, including fig paste, which have been suitably
treated or processed and are packed in appropriate containers,covered by CN code ex 0804 20 90 and ready to be offered forhuman consumption;
(f) whole peeled quick frozen tomatoes: peeled tomatoes of the
oblong varieties, frozen, packed in appropriate containers and
covered by CN code ex 0710 80 70, where not less than 90 % of
the net weight of the tomatoes consists of whole tomatoes notshowing any damage which substantially alters their appearance.That percentage shall be determined after the tomatoes have beenthawed;
(g) non-whole peeled quick frozen tomatoes: pieces of peeled toma-
toes of the oblong varieties, or round varieties which are as easy
to peel asthe oblong varieties , frozen, packed in appropriatecontainersand covered by CN code ex 0710 80 70;
(h) whole peeled preserved tomatoes: peeled tomatoes of the oblong
varieties, having undergone a heat treatment, packed in hermeti-cally sealed containers and covered by CN code ex 2002 10 10,where not less than 65 % of the weight of the drained tomatoes
consists of whole tomatoes which do not show damage which
substantially alters their appearance;
(i) non-whole peeled preserved tomatoes: peeled tomatoes in pieces
or partially crushed, of the oblong varieties, or round varietieswhich are aseas y to peel asthe oblong varieties , having under-gone a heat treatment, packed in hermetically sealed containers
and covered by CN code ex 2002 10 10. Where these products
are to be used to make the products indicated at point (o), theyshall be packed in appropriate containers;
(j) tomato flakes: flakes obtained by drying tomatoes cut into slivers
or small cubes, packed in appropriate containers and covered byCN code ex 0712 90 30;
(k) tomato juice: juice obtained directly from fresh tomatoes and
strained free from skins, pips and other coarse parts, having a drymatter content, where applicable after concentration, of less than12 %, packed in hermetically sealed containers and covered byCN codesex 2002 90 11, ex 2002 90 19, 2009 50 10 and2009 50 90. Juice with a dry matter content of at least 7 % may
however contain skin and pips constituting up to 4 % by weight
of the product. Where these products are to be used to make theproductsindicated at point (o), they s hall be packed in appropriatecontainers;
(l) tomato concentrate: the product obtained by concentrating tomato
juice, packed in appropriate containers, having a dry matter
content of 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.Concentrate having a dry matter content of not more than 18 % orof between 18 % and 24 % may contain not more than 4 % or 7 %,respectively, skin and pips by weight of product;
(m) whole unpeeled preserved tomatoes: whole unpeeled tomatoes of
the oblong or round varieties, having undergone a heat treatment,
packed in hermetically sealed containers, lightly brined (tomatoesin brine) or in tomato puree (tomatoesin puree or in juice), wherenot less than 65 % of the weight of the drained tomatoes consistsof whole tomatoes not showing any damage which substantiallyalterstheir appearance, and covered by CN code ex 2002 10 90.2001R0449 — EN — 06.08.2002 — 002.001 — 5
▼B
Where these products are to be used to make the products indi-
cated at point (o), they shall be packed in appropriate containers;
(n) non-whole unpeeled preserved tomatoes: tomatoes in pieces or
partially crushed, of the oblong or round varieties, having been
slightly strained, whether or not slightly concentrated, packed inhermetically sealed containers, with a dry matter content ofbetween 4,5 % and 14 %, and covered by CN codeex 2002 10 90. Where these products are to be used to make theproductsindicated at point (o), they s hall be packed in appropriate
containers;
(o) prepared sauces: tomato-based preparations obtained by mixing
one of the productsreferred to at (i), (k), (l), (m) or (n) abovewith other productsof plant or animal origin except fres h toma-toes, having undergone a heat treatment, packed in hermeticallysealed containers where the net weight of the products referred to
at (i), (k), (l), (m) or (n) accountsfor at leas t 60 % of the total net
weight of the prepared sauce. These products must be made duringthe period indicated in Article 2(2) in the same establishment asthe productsreferred to at (i), (k), (l), (m) or (n) us ed;
(p) sugar syrup: a liquid in which water is combined with sugars and
which has a total sugar content determined after homogenisation
of not less than 14 % when used to cover fruits in syrup;
(q) natural fruit juice: a covering liquid with a minimum of 10,5º Brix,
consisting solely of fermentable but unfermented juice extractedmechanically from fruit, or of juice obtained from concentratedfruit juice by the restoration of the proportion of water extractedduring concentration, asdefined in Council Directive 93/77/
EEC(
1), without added sugar.
Article 2
1. The marketing yearswithin the meaning of Article 1(3) of Regu-
lation (EC) No 2201/96 for the productslis ted in Article 1(2) of thisRegulation shall run:
(a) from 15 June to 14 June in the case of products processed from
tomatoes and products processed from peaches;
(b) from 15 July to 14 July in the case of products processed from
pears;
(c) from 1 August to 31 July in the case of dried figs;
(d) from 15 August to 14 August in the case of prunes.
2. Aid shall be granted solely on products delivered to the proces-
sing industry in the following delivery periods:
(a) tomatoes: between 15 June and 15 November;
(b) peaches: between 15 June and 25 October;
(c) pears: between 15 July and 15 December;
(d) dried plumsobtained from plumsof the prune d'Ente variety:
between 15 August and 15 January;
(e) dried figs: between 1 August and 15 June.
3. The Commission shall publish the amount of the aid, fixed in
accordance with Article 6(1) of Regulation (EC) No 2201/96, before
the beginning of each marketing year and no later than:
(a) 31 January for tomatoes;
(b) 31 May for peachesand pears .2001R0449 — EN — 06.08.2002 — 002.001 — 6
(1) OJ L 244, 30.9.1993, p. 23.
▼B
TITLEII
Contracts
Article 3
1. Contractsasreferred to in Articles3 and 6a of Regulation (EC)
No 2201/96 shall be concluded in writing. Contracts shall bear an iden-tification number.
Processors of tomatoes, peaches and pears wishing to participate in the-
aid scheme shall submit an application for approval to the body desig-nated by the Member State before a date to be determined by the latter.
The Member States shall publish a list of approved processors at least
one month before the final date for signature of contracts each year.
The Member Statess hall lay down the requirementsfor approval and
notify them to the Commission.
2. Contractsmay take one of the following forms :
(a) a contract between a producer organisation or association of
producer organisations, and a processor;
(b) a commitment to supply, where the producer organisation acts as a
processor.
Only one contract may be signed between a producer organisation and
a processor.
In the case of tomatoes, peaches and, pears, contracts may be
concluded only with approved processors.
3. Each year, contracts shall be signed no later than:
(a) 15 February, in the case of tomatoes;
(b) 15 July, and seven working days before deliveries are to
commence, in the case of peaches;
(c) 31 July, and seven working days before deliveries are to
commence, in the case of pears;
(d) before the start of the marketing year, in the case of the other
products.
The Member Statesmay pos tpone the date fixed at point (a) until 10
March.
Should the amount of the aid for tomatoesnot have been publis hed in
theOfficial Journal of the European Communities by the date laid
down in Article 2(3), the date fixed at point (a) shall be postponed untilthe 15th day following the date of actual publication.
Should the minimum price to be paid to producersfor plumsor dried
figsnot have been publis hed in the Official Journal of the European
Communities by 15 daysbefore the date provided for at point (d), that
date shall be postponed until the 15th day following the date of actualpublication.
4. Contracts must specify, in particular:
(a) the name and address of the producer organisation;
(b) the name and address of the processor;
(c) the quantities of raw materials to be delivered for processing;
(d) the obligation on processors to process the quantities delivered
under the contract concerned into one of the productslis ted in
Annex I to Regulation (EC) No 2201/96, which must meet the stan-dardslaid down in accordance with Article 8 of that Regulation;
(e) the price to be paid for the raw materials, which may vary by
variety and/or quality and/or delivery period.
In the case of tomatoes, peaches and pears, the contract shall also
indicate the delivery stage at which that price applies and the2001R0449 — EN — 06.08.2002 — 002.001 — 7
▼M1
▼M1
payment terms. Any payment deadline may not exceed two months
from the end of the month of delivery of each consignment;
(f) the compensation payable should either party fail to fulfil their
contractual obligations, in particular as regards payment deadlinesand the obligation to deliver and accept the quantitiescovered bythe contract.
5. The Member Statesmay adopt additional provis ionscovering
contracts, in particular as regards compensation payable by processorsor producer organisations that fail to fulfil their contractual obligations.
6. The parties may decide to increase the quantities originally stipu-
lated in a processing contract by means of a written amendment
thereto.
Such amendments shall show the identification number of the contract
to which the relate, and shall be signed no later than:
— 15 August for peaches;
— 15 September for tomatoesand pears ;— 15 November for dried plumsobtained from plumsof the prune
d'Ente variety and dried figs.
Such amendments may increase the quantity originally stipulated in the
contract by no more than 30 %. However, until the 2003/04 marketingyear, amendments to contracts for unprocessed dried figs intended forthe production of fig pastes may be concluded no later than 31 May
and may increase the quantities originally stipulated in the contracts
by no more than 100 %.
The price of the additional quantity fixed in the amendment may differ
from the price referred to in paragraph 4(e).
7. In the case of prunes and figs, the price referred to in paragraphs
4(e) and 6 shall not include, in particular, costs connected withpacking, loading, transport, unloading and the payment of taxes, whichshall, where applicable, be indicated separately. The price shall not belower than the minimum price fixed under Article 6b of Regulation
(EC) No 2201/96.
Article 4
In the case of a commitment to supply within the meaning of Article
3(2)(b), contractscovering the production of the membersof theproducer organisation concerned shall be deemed to have been
concluded after the following particularshave been forwarded to the
competent authority:
(a) the name and address of each producer and the reference data and
areasof the parcelson which each producer cultivatesthe raw
materials;
(b) the estimated total harvest;
(c) the quantity intended for processing;
(d) an undertaking by the producer organisation to process the quanti-
tiesdelivered under the contract in ques tion.
This information must be sent ►
M2by 31 May at the latest ◄in the
case of tomatoes and within the time laid down in Article 5(3) in the
case of the other products.
Article 5
1. In the case of tomatoes, peaches and pears, producer organisa-
tions signing contracts shall forward a copy of each contract and any
amendmentsthereto to the body des ignated by the Member State inwhich their head office iss ituated.
The total quantity covered by all the contractss igned by a given
producer organisation may not exceed, per product, the quantity2001R0449 — EN — 06.08.2002 — 002.001 — 8
▼B
▼B
intended for processing indicated by that producer organisation under
paragraph 5 of thisArticle and Article 4.
2. Processors of prunes and dried figs shall forward a copy of each
contract and any amendmentsthereto to the body des ignated by the
Member State where processing takes place.
3. Such copiesmus t reach the competent authoritiesno later than 10
working daysafter the conclus ion of the contract or amendment thereto
and no less than five working days before the start of deliveries.
4. In exceptional and duly justified cases, the Member States may
accept contractsand amendmentsthereto that reach their authoritiesafter the time limit laid down in paragraph 3, provided that such latearrival doesnot hinder their checks .
5. Producer organisations signing contracts for tomatoes, peaches or
pearss hall forward the following information to the body referred to inparagraph 1, broken down by product:
(a) the name and address of each producer covered by the contracts
and the reference data and areasof the parcelson which each
producer cultivatesthe raw materials ;
(b) the estimated total harvest;
(c) the quantity intended for processing;
(d) in the case of tomatoes, the average yields per hectare of round
and/or oblong tomatoesproduced by the organis ation during the
previoustwo marketing years .
Thisinformation s hall be forwarded ►
M2by 31 May at the latest ◄
in the case of tomatoes and included in the notification referred to inparagraph 1 in the case of peaches and pears.
6. Where producer organisations as referred to in paragraph 5:
(a) market quantities intended for processing produced by members of
other producer organisations under the second and third indents ofArticle 11(1)(c)(3) of Regulation (EC) No 2200/96, and/or
(b) pass on the benefit of the aid scheme to individual producers under
Articles3(3) and 6a(2) of Regulation (EC) No 2201/96,
the information required in paragraph 5 shall be supplied to the
producer organisation signing the contract by the producer organisa-
tionsreferred to in (a) and the individual producersreferred to in (b).
7. Producer organisations and individual producers as referred to in
paragraph 6(a) and (b), respectively, shall sign agreements with theproducer organisations as referred to in paragraph 5.
Such agreementss hall cover all production of the product concerned
delivered for processing by the said producer organisations and indivi-dual producers concerned and must specify at least the following:
(a) the number of marketing yearscovered by the agreement;
(b) the quantities to be delivered for processing, broken down by
producer and by product;
(c) the consequences of failure to comply with the agreement.
A copy of the agreementss hall be forwarded together with the
contracts.
Article 6
For the purposes of Article 4 in the case of tomatoes, peaches and
pears and Article 5(5), the parcel identification system shall be that
used for the integrated system referred to in Article 4 of Regulation(EEC) No 3508/92. Areasare to be declared in hectaresto two decimalplaces. Article 6(7) of Regulation (EEC) No 3887/92 shall apply forthe purposes of determining the area of plots ►
M2during the area
checksprovided for in Article 18 ◄of thisRegulation.2001R0449 — EN — 06.08.2002 — 002.001 — 9
▼B
Article 7
1. Without prejudice to cases covered by Article 3(2)(b), where
payment may be made by opening a credit, all paymentsfor raw mate-
rials:
(a) made by processors to producer organisations,
(b) made by producer organisations to their members and to producers
asreferred to in Article 5(6),
(c) where the members of a producer organisation are themselves orga-
nisations with legal personality made up of producers, made bysuch legal persons to producers,
shall be made by bank or postal transfer.2. Paymentsasreferred to in paragraph 1(b) and (c) s hall be made
within 15 working days and, in the case of prunes and figs, shall cover
the entire amount of the payment asreferred to in point (a).
TITLEIII
Informationtobeprovided
Article 8
1. Processors and producer organisations wishing to participate in
the aid scheme shall so inform the competent authorities of the
Member States by a date to be determined by those authorities, giving
all the information needed by the Member State to administer andmonitor the aid scheme. Member States may decide that such informa-tion shall:
(a) be notified by new participantsin the s cheme only, where they
have already received the necessary information concerning other
participants;
(b) cover a single marketing year, several marketing years or an unlim-
ited period.
2. At least five working days before the start of deliveries or proces-
sing each marketing year, beneficiaries of the aid, whether producer
organisations or processors, shall notify the competent authorities ofthe week in which deliveries and processing are to commence.Producer organisations and processors shall be deemed to havedischarged this obligation where they provide proof that they have
forwarded thisinformation at leas t eight working daysbefore that
time limit.
3. In exceptional and duly justified cases, the Member States may
accept notifications from producer organisations and processors afterthe time limit laid down in paragraph 2. However, in such cases, noaid shall be granted to producer organisations or processors for quanti-
ties already delivered or in the course of delivery unless the checks
needed to establish eligibility for the aid can be conducted to the satis-faction of the competent authorities.
4. Processors wishing to manufacture mixed fruit and prepared
sauces as referred to in Article 1(2)(c) and (o) respectively shall notifythe competent authoritiesof the Member State, before the beginning of
the marketing year, of the composition of the products to be made,
specifying the net weight of each component. This composition maynot be altered after the beginning of the marketing year.
Article 9
Each year processors shall notify the body designated by the Member
State of the following:
1. in the case of tomatoes, peaches and pears no later than 1 February:
(i) the quantity of raw materials processed into the finished
productslis ted in Article 1(2), broken down by:
— quantitiesreceived under contract,2001R0449 — EN — 06.08.2002 — 002.001 — 10
▼B
— quantitiesnot covered by contracts ;
(ii) the quantity of finished products obtained from each of the
quantitiesreferred to in (i).
In the case of processed tomato products, the quantity of
finished products to be notified for each category of raw mate-rial asreferred to in (i) s hall be broken down into:
— tomato concentrate of a dry-matter content by weight of
28 % or more but less than 30 %,
— whole peeled preserved tomatoes of the oblong varieties,— other processed tomato products, shown separately.
The quantitiesof tomato juice and tomato concentrate added to
preserved tomatoes shall be included in the quantities of thetomatoes, whether peeled or unpeeled;
(iii) the quantity of finished products in stock at the end of the
preceding marketing year, broken down, in the case of
processed tomato products, into products sold and products
unsold, on the one hand, and in accordance with point (ii) onthe other hand.
These notifications shall state separately the quantities of products
asreferred to in Article 1(2)(a), (b), (i), (k), (l), (m) and (n) us ed
to manufacture the productsreferred to in Article 1(2)(c) and (o).Notification of the information required under (ii) above shall stateseparately the quantities of products as referred to in Article 1(2)(c)and (o) obtained, broken down according to the productsus ed asreferred to in Article 1(2)(a), (b), (i), (k), (l), (m) and (n).
2. In the case of prunes and figs, no later than 15 May:
(a) the quantity of raw materialsus ed at 1 May;
(b) the quantity of finished products obtained from the raw mate-
rialsreferred to in point (a), broken down into productsonwhich aid ispaid and productson which aid isnot paid and byquality class;
(c) the quantity of productsasreferred to in points(a) and (b) in
stock at 1 May.
TITLEIV
Rawmaterials
Article 10
1. Without prejudice to any minimum quality criteria laid down or
to be laid down in accordance with the procedure provided for in
Article 46 of Regulation (EC) No 2200/96, raw materialsdelivered toprocessors under processing contracts shall be of sound and fairmerchantable quality and suitable for processing.
2. Where no minimum quality criteria have been laid down in accor-
dance with the procedure provided for in Article 46 of Regulation (EC)
No 2200/96, the Member Statesmay lay down minimum quality
criteria for the raw materials, where appropriate in the context of anextension of an interbranch agreement under Article 21 of that Regula-tion.
Article 11
1. A delivery certificate shall be issued for each-consignment of
tomatoes, peaches and pears delivered under contract and accepted for
processing at the processing plant specifying:
(a) the date and time of unloading;
(b) the precise identification of the means of transport used;
(c) the identification number of the contract to which the consignment
relates;
(d) the gross weight and net weight;2001R0449 — EN — 06.08.2002 — 002.001 — 11
▼B
(e) where applicable, the rate of reduction calculated on the basis of
the minimum quality criteria laid down in accordance with Article10.
Delivery certificates shall be signed by the processors or their represen-
tatives and by the producer organisations or their representatives. Each
certificate shall bear an identification number.
Both processors and producer organisations shall keep a copy of
delivery certificates. ►
M2The producer organisation shall also
forward a copy, or a telex, fax or electronic mail containing the infor-mation laid down in the first subparagraph, no later than the fifthworking day following the week of delivery, to the body designatedby the Member State where itshead office iss ituated and, where
applicable, to the body designated, by the Member State where proces-
sing is carried out, to facilitate checks. ◄
The documentsrequired under national law may be us ed for the
purposes of this Article, provided they contain all the informationreferred to in thisparagraph.
2. Where all or part of a consignment belongs to producers as
referred to in Article 5(6)(a) or (b), the producer organisation shallforward a copy of the certificate provided for in paragraph 1 to eachproducer organisation and individual producer concerned.
TITLEV
Aidapplications
Article 12
1. In the case of tomatoes, peaches and pears, producer organisa-
tions shall submit their aid applications to the body designated by theMember State in which their head office iss ituated.
Processors of prunes and figs shall submit aid applications to the body
designated by the Member State in which processing is carried out.
2. In the case of tomatoes, peaches and pears, only one aid applica-
tion may be submitted per marketing year. Applications must reach thecompetent authoritiesno later than the following datesof the marketing
year concerned:
— 20 November for tomatoes,
— 31 January for peachesand pears .
3. The Member Statesmay allow applicationsfor advance payment
of the aid to be submitted until 30 September, covering the total quan-
tity of tomatoes, peaches and pears delivered for processing up to 15
September.
4. In the case of prunes, processors shall submit three aid applica-
tionsfor each marketing year:
(a) the first for products processed up to 15 January;
(b) the second for products processed from 16 January to 30 April; and
(c) the third for products processed during the remainder of the
marketing year concerned.
Aid applications as referred to in points (a) and (b) shall be submitted
within 30 days of expiry of the processing period concerned and appli-cationsasreferred to in point (c) by 30 November of the following
marketing year.
5. In the case of dried figs, processors shall submit three aid appli-
cationsfor each marketing year
(a) the first for products processed up to 30 November;
(b) the second for products processed from 1 December to the end of
February; and
(c) the third for products processed during the remainder of the
marketing year concerned.2001R0449 — EN — 06.08.2002 — 002.001 — 12
▼B
Aid applications as referred to in points (a) and (b) shall be submitted
within 30 days of expiry of the processing period concerned and appli-cationsasreferred to in point (c) by 31 October of the following
marketing year.
6. In exceptional and duly justified cases, Member States may
accept aid applicationsafter the deadlineslaid down in thisArticle,provided that thisdoesnot hinder checksrelating to the productionaid scheme.
7. If aid applications are submitted after the deadlines specified in
paragraphs2, 4 and 5, aid s hall be reduced by 1 % per day of delay.
No aid shall be granted if the application is more than 15 days late.These provisions shall not apply where paragraph 6 applies.
Article 13
1. Aid applications for tomatoes, peaches and pears shall give at
least the following information for each product:
(a) the name and address of the producer organisation;
(b) the quantity covered by the aid application. That quantity, broken
down by contract, may not exceed the quantity accepted for proces-sing, after deduction of any reduction rates applied;
(c) the average selling price for the quantity delivered under contract;
(d) the quantity delivered during the same period otherwise than under
contract; and the average selling price.
2. Aid applications for prunes and figs shall give at least the
following information for each product:
(a) the name and address of the processor;
(b) the quantity of productscovered by the aid application, broken
down by the different ratesof aid applicable, together with the
quantity of productsnot covered by the aid s cheme obtained duringthe same period;
(c) the quantity of raw materialsus ed, by contract, to obtain each cate-
gory of productsasreferred to in point (b);
(d) a declaration by the processor to the effect that the finished
productscomply with the quality s tandardslaid down under Article8 of Regulation (EC) No 2201/96;
(e) copiesof trans fer ordersasreferred to in Article 7(1)(a). In the
case of commitments to supply, such copies may be replaced by adeclaration by the producer to the effect that the processor has
credited him with a price at least equal to the minimum price.
Such copiesor declarationss hall quote the referencesof the rele-vant contracts.
Aid applications shall be admissible only if the minimum price has
been paid in full for all the raw materials used in the finished productcovered by the aid application.
3. Applicationsfor advance payment of aid asreferred to in Article
12(3) shall include the information specified in paragraph 1(a) and (b).
The competent body of the Member State shall pay the amount due
between 16 and 31 October, after checking the application against, inparticular, the delivery certificatesreferred to in Article 11.
The aid shall be paid in advance provided a security equal to 110 % of
the aid islodged.
Where it isfound that the advance payment applied for exceedsthe
amount due, an amount equal to double the excess shall be forfeitfrom the security.
Without prejudice to the fourth subparagraph, the security shall be
released when the competent authority pays the aid, based on the appli-cation referred to in Article 12(2).2001R0449 — EN — 06.08.2002 — 002.001 — 13
▼B
When an application for advance payment of the aid iss ubmitted, the
aid application referred to in Article 12(2) shall cover the entiremarketing year and the quantitiesreferred to in paragraph 1(b) and (d)
shall be broken down, in addition, into two periods, namely until 15
September and from 16 September.
Article 14
1. Aid for tomatoes, peaches and pears shall be paid by the compe-
tent body of the Member State in which the producer organisationsigning the contract has its head office, as soon as that body has
checked the aid application and established that the products covered
by that application have been delivered and accepted for processing,on the basis, in particular, of the checks provided for in Article18(1)(i).
Where processing takes place in another Member State, that Member
State shall provide the Member State where the producer organisation
signing the contract has its head office with proof that the product has
in fact been delivered and accepted for processing.
Within 15 working daysfollowing receipt of the aid, the producer
organisation shall pay in full the amounts received, by bank or postaltransfer, to its members and, where applicable, to producers as referred
to in Article 5(6). In cases covered by Article 3(2)(b), payment may be
made by opening a credit.
Where a producer organisation is wholly or partly made up of members
which are themselves organisations with legal personality made up ofproducers, payments as provided for in the third subparagraph shall bepaid on by those member organisations to the producers within 15
working days.
2. Aid for prunesand figss hall be paid by the competent body of
the Member State in which the product is processed, once that bodyhas established that the requirements for grant of the aid have beenmet.
Where processing takes place outside the Member State in which the
product was grown, that Member State shall furnish proof to the
Member State paying the aid that the minimum price payable to theproducer hasbeen paid.
3. No aid shall be granted on quantities in respect of which the
necessary checks on entitlement to the aid have not been conducted.
4. The aid shall be paid to producer organisations and processors no
later than 60 daysafter the date on which the application iss ubmitted.
TITLEVI
Checksandpenalties
Article 15
1. Without prejudice to Title VI of Regulation (EC) No 2200/96,
Member States shall take the necessary steps:
(a) to ensure that this Regulation is complied with;
(b) to prevent and prosecute irregularities and apply the penalties
provided for in thisRegulation;
(c) to recover sums lost as a result of irregularities or negligence;
(d) to verify the recordsprovided for in Articles16 and 17, ens uring
that they tally with the accounting required of producer organisa-tions and processors under national law;
(e) to carry out unannounced checksasreferred to in Articles18 and
19 during the appropriate periods;
(f) to carry out checkson areass own to tomatoesasreferred to in
Article 18(1) after sowing and before harvesting.2001R0449 — EN — 06.08.2002 — 002.001 — 14
▼B
2. The Member Statesmus t programme their tally checkson the
basis of a risk analysis that considers, among other things:
(a) obs ervationsmade during checksconducted in earlier years ;
(b) developmentss ince the year before;
(c) the raw material yield by homogeneousproduction zone;
(d) the relationship between the quantities delivered and the estimated
total harvest;
(e) the yield of the raw material in termsof finis hed product.
The risk analysis criteria shall be regularly updated.
3. Where irregularitiesor anomaliesare found, the Member States
shall increase the frequency and percentage of checks as referred to in
Articles 18 and 19 having regard to the seriousness of the findings.
Article 16
1. Producer organisations shall keep records for each of the products
delivered for processing under Regulation (EC) No 2201/96, containing
at least the following information:
(a) in the case of quantities delivered under contracts:
(i) the consignments delivered each day, and the identification
number of the contract to which they relate,
(ii) the quantity of each consignment delivered and, in the case of
tomatoes, peaches and pears, the quantity accepted for proces-sing, after deduction of any reduction, and the identificationnumber of the relevant delivery certificate;
(b) in the case of quantities delivered otherwise than under contract:
(i) the consignments delivered each day, and the identity of the
processor,
(ii) the quantity of each consignment delivered and accepted for
processing.
2. Producer organisations shall keep available for the national
inspection authorities all the information needed for checking that thisRegulation iscomplied with.
In the case of tomatoes, peaches and pears, that information must make
it possible to identify, for each producer covered by a contract, the linkbetween the areas, the quantities delivered, the delivery certificates,and payment of the aid and prices.
3. The Member Statesmay decide what form the recordsprovided
for in paragraphs 1 and 2 shall take and whether they should be
computerised.
4. The recordsor accounting documentsrequired under national law
may be used for the purposes of this Article, provided they contain allthe information referred to in paragraph 1.
Producer organisations shall submit to all inspections and checks
deemed necessary by the Member State and shall keep all additionalrecordsrequired by the Member State for the purpos esof the checksdeemed necessary.
Article 17
1. Processors shall keep records showing at least the following:
(a) in the case of quantities purchased under contracts:
(i) the consignments purchased and accepted into the undertaking
for processing each day, and the identification number of the
contract to which they relate,
(ii) the quantity of each consignment accepted for processing and
the identification number of the relevant delivery certificate;2001R0449 — EN — 06.08.2002 — 002.001 — 15
▼B
(b) in the case of quantities purchased otherwise than under contract:
(i) the consignments received each day, and the name and address
of the seller,
(ii) the quantity of each consignment accepted for processing;
(c) the quantities of each of the finished products listed in Article 1(2)
obtained each day, with the corresponding quantities of raw mate-rials, specifying the quantities obtained from consignments
accepted under contracts;
(d) the quantities and price of each finished product purchased by the
processor each day, giving the name and address of the seller. Thisinformation may be recorded by reference to supporting docu-
ments, provided the latter contain the abovementioned particulars;
(e) the quantities and price of each finished product leaving the proces-
sor's premises each day, giving the name and address of theconsignee. Such information may be recorded by reference to
supporting documents, provided the latter contain the abovemen-
tioned particulars.
In the case of prunes and figs, the information required in (c) above
must specify separately the quantity of finished product on which aidispayable.
2. Processors shall keep separate records for the products referred to
in Article 1(2)(a), (b), (i), (k), (l), (m) and (n) used to manufacture
mixed fruit and prepared sauces as referred to in Article 1(2)(c) and
(o), showing the following information, in addition to that providedfor in paragraph 1(a), (b), (c) and (d):
(a) the quantitiesof mixed fruit and prepared s aucesobtained each
day, broken down by product composition within the meaning ofArticle 8(4);
(b) the quantitiesand pricesof the mixed fruit and prepared s auces
leaving the processor's premises, by consignment, with details ofthe consignee;
(c) the quantitiesand pricesof the productsreferred to in Article
1(2)(a), (b), (i), (k), (l), (m) and (n) purchased and entering theestablishment each day, with details of the seller.
3. Processors shall daily update their stock records for the products
referred to in paragraph 1(c), (d) and (e) and paragraph 2(a), (b) and (c)for each factory.
4. Processors shall keep proof of payment for all raw materials
purchased under contracts and proof of payment for all sales and
purchases of finished products for five years as from the end of theprocessing year concerned.
5. Processors shall submit to all inspections and checks deemed
necessary by the Member State and shall keep all additional recordsrequired by it for the purpose of the checks deemed necessary.
6. The Member Statesmay decide what form the recordsprovided
for in paragraphs 1 and 2 shall take and whether they should be
computerised.
7. The recordsor accounting documentsrequired under national law
may be used for the purposes of this Article, provided they contain allthe information referred to in paragraphs1, 2 and 3.
Article 18
1. For each producer organisation delivering tomatoes, peaches and
pears for processing, the following checks shall be conducted for each
product and marketing year:
(i) physical checks on at least:
— 5 % of areasasreferred to in Articles4 and 5(5),2001R0449 — EN — 06.08.2002 — 002.001 — 16
▼M2
— 7 % of quantities delivered for processing, in order to check
that they tally with the certificatesreferred to in Article 11and comply with the minimum quality requirements;
(ii) administrative and accounting checks on at least 5 % of producers
covered by contracts, in order to check that the details for eachproducer, in particlular the areas, the total harvest, the quantitymarketed by the producer organisation, the quantity delivered forprocessing and the quantity indicated in the delivery certificates,
tally with the pricespaid asprovided for in Article 7(1) and the
aid paid asprovided for in Article 14(1);
(iii) administrative and accounting checks to verify that the quantities
of productsdelivered to the producer organis ation by producers
asreferred to in Article 5(5) and (6), the quantitiesdelivered forprocessing, the delivery certificates referred to in Article 11 andthe quantitiess tated in the aid application tally with the pricespaid asprovided for in Article 7(1) and the aid paid asprovided
for in Article 14(1);
(iv) administrative and accounting checks on at least 5 % of agree-
mentsasreferred to in Article 5(7);
(v) checkson all aid applicationsand s upporting documentsand, in
the case of tomatoes, cross-checks on all declared parcels of land.
2. For processors of tomatoes, peaches and pears, the following
checkss hall be conducted for each factory, product and marketingyear:
(i) checks on at least 5 % of finished products, in order to verify that
processing has actually taken place and that the applicable
minimum quality standards have been complied with;
(ii) administrative and accounting checks on at least 5 % of finished
products, in order to verify the yield of raw materials processed
in termsof the finis hed product obtained under contract and other-wise than under contract;
(iii) physical and accounting checks must be made on all stocks of
finished products present at least twice each year, to ensure thatthey tally with the finished products manufactured, purchased andsold.
Article 19
1. For each producer organisation delivering dried plums and figs,
administrative and accounting checks shall be conducted on at least5 % of producerscovered by contractsto verify that the followingtally:
— the raw materials delivered by each producer for processing, and
— the paymentsprovided for in Article 7.
2. For each factory, finished product and marketing year:
(a) unannounced physical checks shall be conducted on at least 5 % of
finished products eligible for production aid, to verify that theycomply with the minimum quality requirementsapplicable. Wherethe results of analysis of official samples are at variance with the
particulars entered in processors' records, and indicate that the
minimum Community quality requirementshave not been met, noaid shall be paid for the processing operations concerned;
(b) administrative and accounting checks shall be conducted in order to
verify:
(i) that the quantities of raw materials used for processing corre-
spond to those indicated in the aid application,
(ii) that the price paid for the raw materials processed into
productsasreferred to in point (a) isat leas t equal to the
minimum price laid down,
(iii) transfer orders as referred to in Article 7.2001R0449 — EN — 06.08.2002 — 002.001 — 17
▼B
▼M2
▼B
▼B
Article 20
1. Where it isas certained, for a given product, that the aid for a
product applied for in respect of any marketing year exceeds theamount due, then that amount shall be reduced, unless the difference
isclearly due to error. The reduction s hall be equal to the difference.
If the aid hasalready been paid, the beneficiary s hall pay back twicethe difference, plus interest calculated on the time elapsing betweenpayment and reimbursement by the beneficiary.
The interest rate shall be that applied by the European Central Bank to
its main refinancing operations, as published in the ‘C’ series of theOfficial Journal of the European Communities , in force on the date of
the undue payment, plusthree percentage points .
2. If the difference referred to in paragraph 1 ismore than 20 %, the
beneficiary shall lose entitlement to the aid and, if the aid has already
been paid, reimburse the total aid, plus interest calculated in accor-dance with paragraph 1.
If the difference ismore than 30 %, the producer organis ation or
processor shall also forfeit any entitlement to aid for the productconcerned for the following three marketing years.
3. Amounts recovered and interest due shall be paid to the compe-
tent paying agency and deducted from expenditure financed by theEuropean Agricultural Guidance and Guarantee Fund.
4. The Member States shall take the necessary measures to ensure
that both aid and pricesare paid in accordance with Articles7 and
14, respectively. They shall provide in particular for penalties to be
imposed on the officers of the producer organisation commensuratewith the seriousness of any irregularity.
5. In the case of tomatoes, if the area checks referred to in Article
18(1)(i) and/or (v) show a discrepancy between the area declared andthat actually determined, at the level of the total area checked, the aidpayable to the producer organisation shall be reduced, unless the differ-
ence isclearly due to error:
— by the percentage of the discrepancy established, if it is more than
5 % but no more than 20 % of the area determined,
— by 30 % if the discrepancy is more than 20 % of the area deter-
mined.
Notwithstanding the first subparagraph, where the area declared is less
than the area actually determined, the aid payable to the producer orga-nisation shall be reduced by half the percentage of the discrepancyestablished, and this reduction shall apply only if the discrepancy ismore than 10 % of the area determined.
6. Where a producer organisation commits a subsequent irregularity,
the Member State shall withdraw that organisation's recognition, or
preliminary recognition in the case of a producer group granted preli-
minary recognition.
Article 21
1. Except in cases of force majeure , where it isfound that the full
quantity of tomatoes, peaches or pears accepted for processing under
contracts has not been processed into one of the products listed inArticle 1(2), the processor shall pay an amount equal to twice the unitamount of the aid multiplied by the quantity of the raw materialconcerned which has not been processed, plus interest calculated inaccordance with Article 20(1).2001R0449 — EN — 06.08.2002 — 002.001 — 18
▼M2
▼B
▼M2
In addition, the processor's approval as provided for in Article 3(1)
shall be suspended:
— for the marketing year following the finding, if the difference
referred to in the first subparagraph is more than 10 % but lessthan 20 %,
— for two marketing yearsfollowing the finding if the difference is
more than 20 %.
For the purposes of applying the first and second subparagraphs, any
quantities of finished products, in excess of an 8 % tolerance, notcomplying with the minimum quality requirementss hall be treated asquantities not processed.
2. In addition, the Member Statess hall provide that approval as
provided for in Article 3(1) is to be withdrawn from processors in thefollowing cases:
— where the producer organisation makes false declarations with the
collaboration of the processor,
— where the processor fails to pay the price referred to in Article
3(4)(e),
— where the processor fails to pay the penalties provided for in para-
graph 1.
The Member State shall decide on the length of time for which the
processor may not submit a new application for approval having regard
to the seriousness of the case.
3. Amounts recovered and interest due shall be paid to the compe-
tent paying agency and deducted from expenditure financed by theEuropean Agricultural Guidance and Guarantee Fund.
Article 22
1. Compliance with the Community and national thresholds shall be
established in each Member State concerned on the basis of the quan-tities covered by aid applications, in the case of tomatoes, and thequantities for which aid is paid, in the case of peaches and pears.
2. The Member States shall take the necessary measures to ensure
reciprocal administrative cooperation with a view to ensuring that this
Regulation isproperly applied.
TITLEVII
NotificationtotheCommission
Article 23
Each Member State shall notify to the Commission:1. before the beginning of each marketing year, if it hashad recours e
to Article 5(4) Regulation (EC) No 2201/96 and the quantitiesof
each of the sub-thresholds concerned;
2. no later than 10 December, the following information:
(a) the total quantity of tomatoescovered by aid applications ,
broken down, where applicable, by sub-threshold;
(b) the estimated quantity of unprocessed dried figs, dried plums,
peaches and pears intended for processing into one of the
productslis ted in Article 1(2);
3. no later than 1 March in the case of tomatoes, 15 April in the case
of peaches and pears and 1 June in the case of prunes and dried figs,
the following information, broken down by productsunder contract
and not under contract:
(a) the quantity of finished products as listed in Article 1(2)(a) to
(o);
(b) the quantity of raw materialsus ed to manufacture each of the
productsreferred to in point (a);2001R0449 — EN — 06.08.2002 — 002.001 — 19
▼B
▼B
(c) the quantity of productsasreferred to in point (a) in s tock at the
end of the previousmarketing year in the cas e of productsprocessed from tomatoes, peaches and pears, broken down into
products sold and products unsold in the case of tomatoes, and
at 1 May in the case of prunes and dried figs;
(d) in the case of tomatoes:
— the total area in hectaresplanted during the marketing year,
— the average yield, expressed in tonnes per hectare, for the
marketing year,
— the area and yield, broken down into oblong varietiesand
round varieties,
— the average soluble dry matter content of the tomatoes used
to make tomato concentrate;
(e) the information required under points(a) to (c) mus t include the
quantitiesof the productsreferred to in Article 1(2)(a), (b), (i),(k), (l), (m) and (n) used to make products as referred to in(2)(c) and (o) of that Article;
(f) the total quantity made of each of the productsreferred to in
Article 1(2)(c) and (o), broken down according to the productsreferred to in (2)(a), (b), (i), (k), (l), (m) and (n) of that Articleused to make them;
4. no later than 1 June, a report on the checksmade during the current
marketing year, specifying the number of checks and the results,broken down by type of finding;
5. in the case of tomatoes, the quantities covered by contracts, no later
than 60 days after the final date for the signing of contracts.
TITLEVIII
Transitionalandfinalprovisions
Article 24
1. Where contractsare concluded between individual producersand
processors under the second subparagraph of Article 3(1) and the
second subparagraph of Article 6a(2) of Regulation (EC) No 2201/96,
Articles3 to 7, 10 to 15, 18 to 20 and 22 of thisRegulation s hallapply,mutatis mutandis , for the 2001/02 marketing year.
2. The Member States shall take the necessary steps to ensure that
the second subparagraph of Article 3(1) and the second subparagraph
of Article 6a(2) of Regulation (EC) No 2201/96 are complied with.
3. In the case of tomatoes, for the 2001/02 marketing year:
— processors having participated in the aid scheme during the 2000/01
marketing year and new processors starting their activity shall bedeemed to be approved, unless the Member State decides otherwise,
— notwithstanding Article 6, the reference data of parcels shall be the
cadastral reference data or any other references recognised asequivalent by the inspection body,
— notwithstanding Article 3(3), the final date for signing contracts
shall be 31 March 2001.
4. In the case of peaches and pears, notwithstanding Article 6, until
1 January 2003 the reference data of parcels shall be the cadastralreference data or any other referencesrecognis ed asequivalent by theinspection body.
Article 25
Regulations(EEC) No 1709/84, (EC) No 504/97 and (EC) No 661/97
shall be repealed with effect from the end of the 2000/01 marketingyear for each of the productsconcerned.
Regulation (EEC) No 2022/92 ishereby repealed.2001R0449 — EN — 06.08.2002 — 002.001 — 20
▼B
Article 26
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2001R0449 — EN — 06.08.2002 — 002.001 — 21