This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"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 1.4.19951992R2075 — EN — 01.01.1994 — 001.001 — 1
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 acommon agricultural policy to include in particular a common organization
of markets which may take various forms depending on the 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 raw tobaccosector, the stabilization of markets and a fair standard of living for the
agricultural population concerned; whereas these objectives may be achieved
by adapting resources to requirements, in particular by means of a qualitypolicy;
Whereas the present situation on the tobacco market, on which supply does
not correspond to demand, calls for a substantial overhaul of the Community
arrangements which have governed the market hitherto, while ensuring the
continuation of tobacco growing by the traditional producers; whereas such anoverhaul requires simplification of the market management mechanisms,
limitation of production in line with the requirements of the market and the
demands of the budget, and stronger means of control to ensure that themanagement mechanisms fully achieve the objectives of the common marketorganization;
Whereas tobacco varieties can be classified in groups according to cultivation
technique and production costs, taking account of the descriptions used in
international trade;
Whereas competition on the tobacco market calls for some support of
traditional tobacco producers; whereas such support should be based on a
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 which guaranteestable outlets to the growers and regular supplies to the processor; whereaspayment of a sum equivalent to the premium by the processor 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 growerswhile facilitating management of the premium 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 the Community anddivided annually into specific guarantee thresholds for the respective groupsof varieties;
Whereas, to ensure that the guarantee thresholds are observed, a processing
quota system must be instituted for a limited period; whereas for a transitional
period the Member States must allocate, within the guarantee thresholds,processing quotas to the firms concerned, the Community rules laid down forthe purpose being applied to ensure fair allocation on the basis of quantities
processed in the past, but disregarding any abnormal production levels;
whereas the necessary measures will be taken to permit the quotas to beallocated to the producers 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;!B
(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. 18.1992R2075 — EN — 01.01.1994 — 001.001 — 2
Whereas first processors must not conclude cultivation contracts for quantities
exceeding the quotas allocated; whereas reimbursement of the premium mustbe 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 be reviewed in the light of
experience and possibly adapted for the subsequent 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 improvement of theorganization and orientation of production; whereas a research programefinanced with the proceeds of a deduction from the premium will enable
tobacco growing to be brought more closely into line with Community
requirements as regards public health; whereas, lastly, a conversionprogramme for growers of Mavra, Tsebelia, Forchheimer Havanna IIc andhybrids of Geudertheimer tobacco is necessary because of the importance of
these varieties for the economy of certain Community 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 circumstances arise, inorder not to leave the Community market without protection against anydisturbance, the Community should be able to take 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 the appraisal ofaids granted by Member States and the prohibition of aids incompatible withthe 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 incurred by
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 of control could beassigned to an independent supervisory agency to deal with 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 common organizationof 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 notbecome fully applicable until the 1993 harvest,
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.!B
(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).1992R2075 — EN — 01.01.1994 — 001.001 — 3
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 supplementary amount shall begranted. This amount shall be equal to 50 % of the difference between thepremium granted for these tobaccos in accordance with paragraph 1 and the
premium applicable for the 1992 harvest.
3. The purpose of the premium shall be to supplement the incomes of
producers whose products correspond to market requirements and to facilitatethe 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 particular accountof past and foreseeable possibilities for the disposal of the various types oftobacco, under normal conditions of competition, on the Community and
world markets.
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;!B1992R2075 — EN — 01.01.1994 — 001.001 — 4
(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 not pay thepremium to the grower directly, a sum equal to the premium for thequantity 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 firstprocessor.
2. The competent body of the Member State shall pay the premium to the
grower against submission of proof of delivery of the tobacco or shallreimburse the premium to the first processor where the latter has paid the
producer a sum equal to the premium, against submission of proof of delivery
of the tobacco by the grower and payment of the sum referred to in paragraph1.
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 for the first processor to provide a security if he
requests an advance, and the conditions governing the provision andrelease of the said security,
— 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
350 000 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 guarantee
threshold for each group of varieties, taking particular account of marketconditions and socio-economic and agronomic conditions in the production
areas concerned.
Article 9
1. To ensure observance of the guarantee thresholds a system of processing
quotas is hereby instituted for the harvests of 1993 to 1997.
2. For each harvest, in accordance with the procedure laid down in Article
43 (2) of the Treaty, the Council shall allocate among the producer MemberStates the quantities available for each group of varieties.!B
!M1
!B1992R2075 — EN — 01.01.1994 — 001.001 — 5
3. On the basis of the quantities allocated pursuant to paragraph 2 and
without prejudice to the application of paragraph 5, Member States shalldistribute processing quotas on a transnational basis for the 1993 and 1994harvests among the first processors in proportion to the average quantities
delivered for processing during the three years preceding the year of the last
harvest, broken down by group of varieties. However, production in 1992 anddeliveries from this harvest shall not be taken into account. The procedure forallocating processing quotas for the following harvests shall not be affected
by this allocation.
First processors who start business after the beginning of the reference period
shall obtain a quantity proportional to the average quantity delivered for
processing during their period of business.
For first processors which begin business in the year of harvest or during the
preceding year, Member States shall reserve 2 % of the total quantities
availabe to them by group of varieties. Within this percentage, the said first
processors shall obtain a quantity not exceeding 70 % of their processingcapacity, provided that they offer adequate guarantees as to the efficiency andlong-term viability of their business.
4. However, Member States may distribute quotas directly to producers if
they dispose of the necessary data on production of all producers for the threeharvests preceding the last harvest, in relation to varieties and quantities
produced and delivered to a processor.
5. When the quotas are allocated as provided for in paragraphs 3 and 4, no
account shall be taken in particular, when calculating the reference
production, of any quantities of raw tobacco produced in excess of the
maximum guaranteed quantities applicable under Regulation (EEC) No727/70.
Where appropriate, production shall be taken into account only within the
limit of the quota allocated during the years taken into consideration.
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 group of varieties, that
surplus being eligible for the premium granted in respect of the followingharvest on condition that, during the latter harvest, the party concerned
reduces his production by a corresponding amount 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 shall include theadjustments, as provided for in Article 9 (5), in the method of distribution
of the quotas and the preconditions for applying the quotas at the level of the
producers, in particular in relation to their previous situations.
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 the premium shall be granted
where cultivation contracts are concluded between a first processor and arecognized group of producers and where the deliveries covered by suchcontracts 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.!B
!M1
!B1992R2075 — EN — 01.01.1994 — 001.001 — 6
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. Theyshall 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 % fromthe 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 of tobaccoand the appropriate preventive and curative measures relevant to such effectsand to orientate Community tobacco production towards the least 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 Geudertheimer tobacco to varietiesmore in line with market requirements or to other agricultural crops shall beadopted by the Commission in accordance with the procedure laid down in
Article 23. The programme shall be launched beginning with the 1993
harvest. It may comprise specific measures to compensate growers for anyloss of income due to the conversion.
TITLE IV
Trade with third countries
Article 15
Except where this Regulation provides otherwise or where the Commission
adopts a derogation in accordance with the procedure laid down in Article 23,
the following shall be prohibited in trade with third countries:
(a) the collection of any charge with an effect equivalent to a customs duty;(b) the application of any quantitative restriction or measure with equivalent
effect.
Article 16
1. If, by reason of imports or exports, the Community market in one or more
of the products referred to in Article 1 suffers or is liable to suffer seriousdisturbance which may jeopardize the objectives of Article 39 of the Treaty,
appropriate measures may be taken in respect of trade with third countries
until the disturbance or threat of disturbance has ceased.
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 on the necessary
measures, which shall be notified to the Member States and be immediately
applicable. If the Commission receives a request from a Member States itshall take a decision thereon within 24 hours after receipt of the request.
3. The measures taken by the Commission may be referred to the Council
by any Member State within three working days of the date of notification.
The Council shall meet without delay. It may amend or repeal the measure inquestion by a qualified majority.!B1992R2075 — EN — 01.01.1994 — 001.001 — 7
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 Article23. 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 products referred to inArticle 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) No
729/70.
Article 20
1. Member States shall take all the necessary measures to ensure
compliance with the Community provisions concerning raw tobacco. To thisend they shall notify to the Commission, within six months after the adoptionof this Regulation, the arrangements they intend to make for the purposes of
management and control. Within three months after such notification the
Commission shall approve the arrangements or ask for adjustments. Whereadjustments are required the Member State shall make them at the earliest
opportunity. Any modification of national arrangements shall be notified
without delay by the Member States to the Commission and examined by it inaccordance with the same procedure.
2. Each producer Member State shall set up, in accordance with its legal
order, a specific agency to carry out certain checks in connection with theCommunity 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 out the tasksassigned 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 send to
the Commission a budget estimate and work schedule to ensure correctapplication of the premium system. The Commission may ask the MemberState, without prejudice to the responsibilities of the latter, to make any
change in the budget estimate or work schedule that it deems 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 must mention anyproblems encountered and, where appropriate, suggestions as to how toimprove the checking arrangements.
5. 50 % of actual expenditure by the agency shall be chargeable to the
general budget of the European Communities, the remainder being covered 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 theparticulars provided by the Member States concerned. The amount shall be
granted when the Commission is satisfied that the agency has been set up and
is performing the work assigned to it. In order to facilitate the setting-up andoperation of the agency, the amount in question may be paid in advance in the!B1992R2075 — EN — 01.01.1994 — 001.001 — 8
form of instalments during the year in question, in accordance with the
agency’ s annual budget, the latter being drawn up with the agreement of theMember State and the Commission before the end of October of eachfollowing 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. Detailed rules for the sending
and dissemination of such information shall be adopted in accordance withthe procedure laid down in Article 23.
Article 22
A Management Committee for Tobacco (hereinafter called ‘the Committee’)
shall be established, consisting of representatives of Member States and
presided over by a representative of the Commission.
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 tothe urgency of the matter. The opinion shall be delivered by the majority laiddown in Article 148 (2) of the Treaty in the case of decisions which the
Council is required to adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the Committee shall beweighted 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 with the opinion of the
Committee, they shall be communicated by the Commission to the Council.In that event the Commission may defer application of the measures which it
has decided for a period of not more than one month from the date of such
communication.
2. The Commission shall adopt measures which shall apply immediately.
However, if these measures are not in accordance with the opinion of the
Committee, they shall be communicated by the Commission to the Council.In that event the Commission may defer application of the measures which ithas 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 a Member 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 Articles 39
and 110 of the Treaty.!B1992R2075 — EN — 01.01.1994 — 001.001 — 9
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 for application
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 those laid down inthis Regulation, such measures shall be adopted in accordance 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.!B1992R2075 — EN — 01.01.1994 — 001.001 — 10
ANNEX
CLASSIFICA TION OF TOBACCO V ARIETIES
I. FLUE-CURED
Virginia
Virginia D and hybrids thereof
Bright
II. LIGHT AIR-CURED
Burley
Badischer Burley and hybrids thereof
Maryland
III. DARK AIR-CURED
Badischer Geudertheimer, Pereg, Korso
Paraguay and hybrids thereof
Dragon Vert and hybrids thereof
Philippin
Petit Grammont (Flobecq)
SemoisAppelterre
Nijkerk
Misionero and hybrids thereof
Rio Grande and hybrids thereof
Forchheimer Havanna IIc
Nostrano del Brenta
Resistente 142
Goyano
Hybrids of Geudertheimer
Beneventano
Brasile Selvaggio and similar varieties
Fermented Burley
Havanna
IV . FIRE-CURED
Kentucky and hybrids
Moro di Cori
Salento
V . SUN-CURED
Xanthi-Y aka
Perustitza
Samsun
Erzegovina and similar varieties
Myrodata Smyrnis, Trapezous and Phi I
Kaba Koulak (non-classic)Tsebelia
Mavra
VI. BasmasVII. Katerini and similar varietiesVIII. Kaba Koulak (classic)
Elassona
Myrodata Agrinion
Zichnomyrodata!
B1992R2075 — EN — 01.01.1994 — 001.001 — 11