This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOUNCIL REGULATION (EC) No 2200/96
of 28 October 1996
on the common organization of the market in fruit and vegetables
(OJ L 297, 21.11.1996, p. 1)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2520/97 of 15 December 1997 L 346 41 17.12.1997
"M2 Council Regulation (EC) No 857/1999 of 22 April 1999 L 108 7 27.4.1999
"M3 Council Regulation (EC) No 1257/1999 of 17 May 1999 L 160 80 26.6.1999
"M4 Council Regulation (EC) No 2699/2000 of 4 December 2000 L 311 9 12.12.2000
"M5 Council Regulation (EC) No 2826/2000 of 19 December 2000 L 328 2 23.12.2000
"M6 Commission Regulation (EC) No 718/2001 of 10 April 2001 L 100 12 11.4.2001
"M7 Commission Regulation (EC) No 911/2001 of 10 May 2001 L 129 3 11.5.2001
Corrected by:
"C1 Corrigendum, OJ L 271, 3.10.1997, p. 19 (2200/96)
"C2 Corrigendum, OJ L 191, 7.7.1998, p. 71 (2200/96)
"C3 Corrigendum, OJ L 61, 10.3.1999, p. 55 (2200/96)
"C4 Corrigendum, OJ L 302, 1.12.2000, p. 72 (1257/1999)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1996R2200 — EN — 18.05.2001 — 002.001 — 1
COUNCIL REGULATION (EC) No 2200/96
of 28 October 1996
on the common organization of the market in fruit and vegetables
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European 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),
(1) Whereas at the present time various changes are placing the fruit
and vegetable sector in a new situation to which producers must
adjust; whereas, accordingly, a reorientation of the basic rules of
the market organization for the sector is warranted; whereas, in
view of the numerous changes made to that market organization
since it was first adopted, a new regulation should, for reasons of
clarity, be adopted;
(2) Whereas it is desirable to insert in that new regulation the main
provisions of Council Regulation (EEC) No 3285/83 of 14
November 1983 laying down general rules for the extension of
certain rules issued by producers’ organizations in the fruit and
vegetables sector (4), of Council Regulation (EEC) No 1319/85 of
23 May 1985 on the reinforcement of supervision of the
application of Community rules on fruit and vegetables (5), of
Council Regulation (EEC) No 2240/88 of 19 July 1988 fixing, for
peaches, lemons and oranges, the rules for applying Article 16b of
Regulation (EEC) No 1035/72 on the common organization of the
market in fruit and vegetables (6), of Council Regulation (EEC)
No 1121/89 of 27 April 1989 on the introduction of an
intervention threshold for apples and cauliflowers (7), and of
Council Regulation (EEC) No 1198/90 of 7 May 1990 establishing
a Community register of citrus cultivation (8); whereas these
Regulations should therefore be repealed;
(3) Whereas classification using common obligatory standards for
fruit and vegetables both marketed within the Community and
exported to third countries provides a reference framework that
encourages fair trading and market transparency and also
eliminates products of unsatisfactory quality from the market;
whereas compliance with these standards thus also helps to
improve the profitability of production;
(4) Whereas it would be desirable, for reasons of simplicity, to adopt
standards for fruit and vegetables having a relatively large impact
on the market which take account of the standards adopted by the
United Nations Economic Commission for Europe (UN/ECE);
whereas it is necessary to set the terms on which these
international standards can be adjusted to the specific require-
ments of the Community;!B
(1) OJ No C 52, 21. 2. 1996, p. 1.
(2) OJ No C 96, 1. 4. 1996, p. 269.
(3) OJ No C 82, 19. 3. 1996, p. 21.
(4) OJ No L 325, 22. 11. 1983, p. 8. Regulation as last amended by Regulation
(EEC) No 220/92 (OJ No L 24, 1. 2. 1992, p. 7).
(5) OJ No L 137, 27. 5. 1985, p. 39. Regulation as amended by Regulation (EEC)
No 404/93 (OJ No L 47, 25. 2. 1993, p. 1).
(6) OJ No L 198, 26. 7. 1988, p. 9. Regulation as last amended by Regulation
(EC) No 1327/95 (OJ No L 128, 13. 6. 1995, p. 8).
(7) OJ No L 118, 29. 4. 1989, p. 21. Regulation as last amended by Regulation
(EC) No 1327/95 (OJ No L 128, 13. 6. 1995, p. 8).
(8) OJ No L 119, 11. 5. 1990, p. 59.1996R2200 — EN — 18.05.2001 — 002.001 — 2
(5) Whereas standardization cannot be fully effective unless it is
applied, subject to exemption, at all marketing stages and on
departure from the production region; whereas exemption may,
nevertheless, be provided for in the case of certain operations
which either are very marginal and specific or take place at the
start of the distribution chain, or in the case of products intended
for processing; whereas account should also be taken of the
possibility of shortages and of exceptionally plentiful supply;
whereas in order to guarantee the quality required by the
standards, the holder of the product must be responsible for
compliance, whereas in particular, consumer requirements as
regards the characteristics of fruit and vegetables mean that the
origin of products should be included in the labelling up to and
including the final retail stage;
(6) Whereas the production and marketing of fruit and vegetables
should take full account of environmental concerns, including
cultivation practices, the management of waste materials and the
destruction of products withdrawn from the market, in particular
as regards the protection of water quality, the maintenance of
biodiversity and the upkeep of the countryside;
(7) Whereas producer organizations are the basic elements in the
common market organization, the decentralized operation of
which they ensure at their level; whereas, in the face of ever
greater concentration of demand, the grouping of supply through
these organizations is more than ever an economic necessity in
order to strengthen the position of producers in the market;
whereas such grouping must be effected on a voluntary basis and
must prove its utility by the scope and efficiency of the services
offered by producer organizations to their members; whereas the
delivery of products to specialist producer organizations existing
before the entry into force of this Regulation is not brought into
question;
(8) Whereas a producer organization cannot be recognized by its
Member State as able to contribute to achievement of the
objectives of the common market organization unless its articles
of association impose certain requirements on it and its members;
whereas producer groups wishing to acquire the status of producer
organizations in accordance with this Regulation should be
allowed the benefit of a transitional period during which national
and Community financial support can be given against certain
commitments by the group;
(9) Whereas a transitional period should be allowed to producer
organizations already recognized under Regulation (EEC) No
1035/72 (1) which cannot immediately meet the requirements of
this Regulation for recognition; whereas such organizations must
be able to show themselves able to make the necessary changes;
(10) Whereas in order to give producer organizations greater
responsibility for their financial decisions in particular and to
gear the public resources assigned to them towards future
requirements, terms should be set for the use of these resources;
whereas joint financing of operational funds set up by producer
organizations presents itself as an appropriate solution;
(11) Whereas the establishment and proper functioning of operational
funds requires that producer organizations should take charge of
the whole of the relevant fruit and vegetable production of their
members;
(12) Whereas in order to control Community expenditure, there should
be a cap on assistance granted to producer organizations that
establish operational funds;!B
(1) Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common
organization of the market in fruit and vegetables (OJ No L 118, 20. 5. 1972,p. 1). Regulation as last amended by Regulation (EC) No 1363/95 (OJ No L132, 16. 6. 1995, p. 1).1996R2200 — EN — 18.05.2001 — 002.001 — 3
(13) Whereas in regions where the organization of production is weak
the grant of additional, national, financial contributions should be
allowed; whereas in the case of Member States which are at a
particular disadvantage with regard to structures, those contribu-
tions should be reimbursable by the Community via the
Community Support Framework;
(14) Whereas, in order to further boost the impact of producer
organizations and associations thereof and ensure the market as
much stability as is desirable, Member States should be allowed
on certain conditions to extend to non-member producers in their
region the rules, particularly on production, marketing and
environmental protection, adopted for its members by the
organization or association for the region concerned; whereas,
where proper justification is given, certain costs arising from this
extension of the rules should be chargeable to the producers
concerned since they will benefit from the extension;
(15) Whereas interbranch organizations set up on the initiative of
individual or already grouped operators can, if they account for a
significant proportion of the members of the various occupational
categories of the fruit and vegetable sector, contribute to
behaviour taking closer account of market realities and facilitate
a commercial approach that will improve production reporting,
that is to say the organization of production, product presentation
and marketing; whereas since the work of these organizations is
able to contribute in general to attaining the objectives of Article
39 of the Treaty and in particular to those of this Regulation it
should, once the relevant forms of action are defined, be possible
to grant specific recognition to those organizations which provide
proof of sufficient representativeness and carry out practical
action in regard to the abovementioned objectives; whereas the
provisions on extending the rules adopted by producer organiz-
ations and their associations and on sharing the costs resulting
from such extension should, given the similarity of the objectives
pursued, also apply to interbranch organizations;
(16) Whereas to stabilize prices it is desirable that producer
organizations should be able to intervene on the market, in
particular by deciding not to put up for sale particular quantities at
particular periods; whereas these withdrawal operations must not
be regarded as an alternative outlet to the market itself; whereas
Community financing of withdrawals should therefore be
restricted to a set percentage of production and the Community
compensation granted at a reduced level, though use of the
operational funds for this purpose should be permitted; whereas
for simplicity Community compensation should be at a single flat
rate for each product; whereas, to achieve a comparable reduction
for all products, certain differentiations are required;
(17) Whereas intervention can be fully effective only if the products
withdrawn from the market are not reintroduced into the normal
marketing channel again; whereas various alternative uses to
which they may be put should be specified so that their destruction
is avoided wherever possible;
(18) Whereas this new way of managing withdrawals will allow the
provisions in force on the implications of threshold overruns to be
repealed immediately; whereas it is, however, reasonable to retain
the underlying principle of those provisions for a transitional
period and to give the Commission authority to take action on the
basis of that principle if the need arises;
(19) Whereas by Regulation (EC) No 3290/94 (1) the Council has
adopted the adjustments and transitional arrangements required in
the agricultural sector in order to implement the agreements
concluded in the context of the Uruguay Round of multilateral
trade negotiations, in particular the new trading arrangements with!B
(1) OJ No L 349, 31. 12. 1994, p. 105. Regulation as amended by Regulation
(EC) No 1193/96 (OJ No L 161, 29. 6. 1996, p. 1).1996R2200 — EN — 18.05.2001 — 002.001 — 4
third countries in the fruit and vegetable sector; whereas the
provisions in Annex XIII to Regulation (EC) No 3290/94 have
been inserted in this Regulation; whereas, however, where
products are imported into the Community for industrial process-
ing, they are not sold on consignment; whereas verification of the
entry price can therefore be made on other bases than a flat rate
value; whereas the relevant provisions should therefore be
supplemented in this regard;
(20) Whereas the rules of the common market organization should be
complied with by all operators to whom they apply, otherwise their
impact will be distorted with all the resulting consequences in
terms of both the use of public resources and the interplay of
competition; whereas a special corps of Community inspectors
should be set up for this sector; whereas for both budget reasons
and effectiveness the corps should consist of Commission officials
and possibly other staff; whereas it is also necessary to make
provision for Community penalties in order to ensure that the new
rules are uniformly applied throughout the Community;
(21) Whereas one of the indispensable elements for the proper
management of the common organization of the market is detailed
knowledge of the market; whereas measures should therefore be
provided for to this end;
(22) Whereas the granting of certain aid would compromise the
functioning of the single market; whereas, therefore, the
provisions of the Treaty enabling aid granted by Member States
to be examined and enabling aid which is incompatible with the
common market to be prohibited, should be extended to cover the
sector referred to in this Regulation;
(23) Whereas the common organization of the market in that sector
must take proper and simultaneous account of the objectives set
out in Articles 39 and 110 of the Treaty;
(24) Whereas, to facilitate the implementation of the provision of this
Regulation, a procedure for close cooperation between the
Member States and the Commission by means of a management
committee should be set up;
(25) Whereas in order to deal with a particularly unfavourable situation
in the hazelnut sector, flat-rate aid should be granted for hazelnuts
harvested in the 1997/1998, 1998/1999 and 1999/2000 marketing
years,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation sets up a common organization of the market in fruit
and vegetables.
2. The common organization shall cover the following products:
CN code Description
0702 00 00 Tomatoes, fresh or chilled
0703 Onions, shallots, garlic, leeks and other alliaceous vegetables,
fresh or chilled
0704 Cabbages, cauliflowers, kohlrabi, kale and similar edible
brassicas, fresh or chilled
0705 Lettuce (Lactuca sativa) and chicory (Cichorium spp.) , fresh or
chilled
0706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and
similar edible roots, fresh or chilled!B
!M1
!B1996R2200 — EN — 18.05.2001 — 002.001 — 5
CN code Description
0707 00 Cucumbers and gherkins, fresh or chilled
0708 Leguminous vegetables, shelled or unshelled, fresh or chilled
ex 0709 Other vegetables, fresh or chilled, excluding vegetables of
subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31,
0709 90 39 and 0709 90 60
ex 0802 Other nuts, fresh or dried, whether or not shelled or peeled,
excluding areca (or betel) and cola nuts falling within subhead-ing 0802 90 20
0803 00 11 Fresh plantains
ex 0803 00 90 Dried plantains
0804 20 10 Figs, fresh0804 30 00 Pineapples0804 40 Avocados0804 50 00 Guavas, mangos and mangosteens0805 Citrus fruit, fresh or dried
0806 10 10 Fresh table grapes0807 Melons (including watermelons) and pawpaws (papayas), fresh
0808 Apples, pears and quinces, fresh0809 Apricots, cherries, peaches (including nectarines), plums and
sloes, fresh
0810 Other fruit, fresh0813 50 31 Mixtures exclusively or dried nuts of CN Nos 0801 and 08020813 50 391212 10 10 Carobs
3. The marketing years for the products listed in paragraph 2 shall be
determined, if necessary, in accordance with the procedure laid down in
Article 46.
TITLE I
Classification of products
Article 2
1. Products to be delivered fresh to the consumer may be classified by
reference to a set of standards.
2. The standards for fresh fruit and vegetables contained in Annex I
shall be adopted, by the procedure laid down in Article 46, for
implementing the common organization of the markets. To this end,
account shall be taken of the UN/ECE standards recommended by the
Economic Commission for Europe’ s Working Party on perishable
product standardization and quality.
Until new standards are adopted, the standards drawn up pursuant to
Article 2 of Regulation (EEC) No 1035/72 shall continue to apply.
3. The Commission acting in accordance with the procedure laid down
in Article 46 may add other products to the list in Annex I.!B
!M6
!B
!M1
!B1996R2200 — EN — 18.05.2001 — 002.001 — 6
Article 3
1. The holder of products covered by the quality standards adopted may
not display such products or offer them for sale, or deliver or market
them in any other manner within the Community than in conformity with
those standards. The holder shall be responsible for observing such
conformity.
However, Member St ates may exempt the following from the
requirement of complying with the quality standards or with some of
their provisions:
(a) products displayed or offered for sale, sold, delivered or marketed in
any other manner by the grower on wholesale markets, in particular
on producer markets, situated in the production area;
(b) products shipped from those wholesale markets to preparation and
packaging stations and storage facilities situated in the same
production area.
Where the second subparagraph is applied, the Member State concerned
shall inform the Commission and shall notify it of the measures taken.
2. The following shall not be required to conform to the quality
standards within a given production area:
(a) products sold or delivered by the grower to preparation and
packaging stations or storage facilities, or shipped from his holding
to such stations;
(b) products shipped from storage facilities to preparation and packag-
ing stations.
3. The following shall not be required to conform to the quality
standards:
(a) products shipped to processing plants, unless minimum quality
criteria for products intended for industrial processing are set in
accordance with the procedure laid down in Article 46;
(b) products transferred by the producer on his holding to consumers for
their personal use;
(c) on a Commission Decision taken at the request of a Member State
using the procedure referred to in Article 46 for products of a given
region which are sold by the retail trade of the region for
well-established traditional local consumption.
4. Evidence must be supplied that the products covered by paragraphs 2
and 3 (a) fulfil the conditions laid down, in particular with regard to their
intended use.
Article 4
Where, following extreme shortage or exceptionally plentiful supply, the
supply of products conforming to the quality standards is insufficient to
meet or appreciably exceeds consumer demand, measures derogating
from their application for a limited period shall be adopted in compliance
with the Community’ s international obligations and in accordance with
the procedure laid down in Article 46.
Article 5
1. The information particulars required by the quality standards must
be shown legibly in an obvious position on one side of the packaging,
either indelibly printed directly onto the package or on a label which is an
integral part of or firmly affixed to the package.
2. For goods shipped in bulk and loaded directly onto a means of
transport, the particulars referred to in paragraph 1 shall be given in a
document accompanying the goods or shown on a notice placed in an
obvious position inside the means of transport.!B1996R2200 — EN — 18.05.2001 — 002.001 — 7
Article 6
At the retail stage, where products are packaged the information
particulars required shall be legible and conspicuous.
For pre-packaged products within the meaning of Directive
79/112/EEC (1), the net weight shall be indicated, in addition to all the
information provided for in the common quality standards. However, in
the case of products normally sold by number, the requirement to
indicate the net weight shall not apply if the number of items can be
clearly seen and easily counted from the outside or, failing that, if the
number is indicated on the label.
Products may be presented unpackaged, provided that the retailer
displays with the goods offered for sale a card showing prominently and
legibly the information particulars specified in the quality standards
relating to:
— variety,— origin of the product,— class.
Article 7
To establish whether products covered by quality standards conform to
the provisions of Articles 3 to 6, checks shall be made in accordance with
Title VI by sampling at all marketing stages and during transport by the
authorities appointed by each Member State.
These checks shall preferably be made prior to dispatch from production
areas when the products are being packed or loaded.
Member States shall communicate to the other Member States and to the
Commission the names of the authorities which they have appointed to
be responsible for checking.
Article 8
1. Products covered by quality standards shall be accepted for
importation from third countries only if they conform to the quality
standards or to standards at least equivalent to them.
2. Articles 3 to 7 shall apply to products imported into the Community,
after completion of the import formalities in accordance with current
Community rules.
Article 9
1. Products covered by quality standards shall be accepted for export to
third countries only if they conform to those standards.
Derogations may, however, be granted in accordance with the procedure
laid down in Article 45 to suit the requirements of the intended markets.
2. Products for export to third countries shall be subject to a Check for
compliance with quality standards before they leave the customs territory
of the Community.
Article 10
Measures to ensure uniform application of the provisions of this Title
shall be adopted in accordance with the procedure laid down in Article
46.!B
(1) Council Directive 79/112/EEC of 18 December 1978 on the approximation of
the laws of the Member States relating to the labelling, presentation andadvertising of foodstuffs (OJ No L 33, 8. 2. 1979, p. 1). Directive as lastamended by the 1994 Act of Accession.1996R2200 — EN — 18.05.2001 — 002.001 — 8
For products intended to be imported into the Community, such measures
may consist in approval of the official inspection authorities of the
exporting third country.
TITLE II
Producer organizations
Article 11
1. For the purposes of this Regulation, ‘producer organization’ means
any legal entity:
(a) which is formed on the own initiative of growers of the following
categories of product listed in Article 1 (2):
(i) fruit and vegetables
(ii) fruit
(iii) vegetables
(iv) products intended for processing(v) citrus fruit
(vi) nuts
(vii)mushrooms;
(b) which has in particular the aim of:
(1) ensuring that production is planned and adjusted to demand,
particularly in terms of quality and quantity;
(2) promoting concentration of supply and the placing on the market
of the products produced by its members;
(3) reducing production costs and stabilizing producer prices;
(4) promoting the use of cultivation practices, production techniques
and environmentally sound waste-management practices in
particular to protect the quality of water, soil and landscape
and preserve and/or encourage biodiversity;
(c) the rules of association of which require its producer members, in
particular, to:
(1) apply the rules adopted by the producer organization relating to
production reporting, production itself, marketing and protection
of the environment;
(2) belong to only one of the producer organizations referred to in
point (a) in respect of a given holdings production of one of the
categories of product listed in point (a);
(3) market their entire production concerned through the producer
organization.
However, where the producer organization so authorizes and in
compliance with the terms and conditions it lays down, the
producer members may:
— sell not more than 25 % of their production if they are
members of fruit and vegetable producer organizations as
referred to in point (a) (i) and not more than 20 % of their
production if they are members of other types of producer
organization directly
"M2on their holdings and/or outside
their holdings 3to consumers for their personal needs, and
furthermore;
— market themselves or through another producer organization
designated by their own organization, quantities of products
which are marginal in relation to the volumes marketable by
their organization;!B1996R2200 — EN — 18.05.2001 — 002.001 — 9
— market through another producer organization designated by
their own organization products which, because of their
characteristics, are not normally covered by the commercial
activities of the organization concerned;
— in accordance with the procedure laid down in Article 46 be
authorized for certain products to conclude by way of
derogation direct contracts with processing undertakings
degressively and for a transitional period until 31 December
1999;
(4) provide the information requested by the producer organization
for statistical purposes, in particular on growing areas, quantities
cropped, yields and direct sales;
(5) to pay the financial contributions provided for in its rules of
association for the establishment and replenishment of the
operational fund provided for in Article 15;
(d) the rules of association of which provide for:
(1) procedures for determining, adopting and amending the rules
referred to in point (c) (1);
(2) the imposition on members of financial contributions needed to
finance the producer organization;
(3) rules enabling the producer members democratically to scruti-
nize their organization and its decisions;
(4) penalties for infringement of obligations under the rules of
association, particularly non-payment of financial contributions,
or of the rules laid down by the producer organization;
(5) rules on the admission of new members, particularly a minimum
membership period; and
(6) the accounting and budgetary rules necessary for the operation
of the organization;
(e) which has been recognized by the Member State concerned pursuant
to paragraph 2.
2. Member States shall recognize as producer organizations for the
purposes of this Regulation all producer groups applying for such
recognition, on condition that:
(a) they meet the requirements laid down in paragraph 1 and provide the
relevant evidence, including proof that they have a minimum number
of members and cover a minimum volume of marketable production,
to be determined in accordance with the procedure laid down in
Article 45;
(b) there is sufficient evidence that they can carry out their activities
properly, both over time and in terms of effectiveness;
(c) they effectively enable their members to obtain technical assistance
in using environmentally-sound cultivation practices;
(d) they effectively provide their members with the technical means for
storing, packaging and marketing their produce and ensure proper
commercial and budgetary management of their activities.
3. Member States may also recognize as producer organizations for the
purposes of this Regulation producer organizations other than those
referred to in paragraph 1 (a) existing before the entry into force of this
Regulation and recognized under Regulation No 1035/72 before the date
of application of this Regulation.
Where pursuant to the previous subparagraph Member States recognize
those producer organizations, the requirements laid down in paragraph 1,
except for paragraph 1 (a), and, if appropriate, paragraph 1 (c) (2), and in
paragraph 2 shall apply.!B1996R2200 — EN — 18.05.2001 — 002.001 — 10
Article 12
1. Member States shall:
(a) decide whether to grant recognition to a producer organization
within three months of the lodging of an application with all
supporting documents;
(b) carry out checks at regular intervals to ascertain that producer
organizations comply with the terms and conditions for recognition,
impose in the event of non-compliance the penalties to apply to such
organizations and decide, where necessary, to withdraw recognition;
(c) notify the Commission, within two months, of every decision to
grant, refuse or withdraw recognition.
2. The terms and conditions under which and the frequency with which
the Member States are to report to the Commission on the activities of
producer organizations shall be laid down in accordance with the
procedure laid down in Article 46.
The Commission shall check that Articles 11 and paragraph (1) (b) of
this Article are complied with by carrying out checks in accordance with
Title VI and in the light of such checks shall, where appropriate, call on
Member States to withdraw recognition.
Article 13
1. Producer organizations recognized under Regulation (EEC) No
1035/72 before the entry into force of this Regulation and which are
unable to qualify for recognition under Article 11 of this Regulation
without a transitional period may continue to operate under the
provisions of Title IV for two years after its entry into force, provided
that they remain in compliance with the requirements of the said Articles
of Regulation (EEC) No 1035/72.
2. The period of two years referred to in paragraph 1 may be extended
to five years provided that the producer organization concerned:
(a) by a set date falling before the end of the two-year period referred to
in paragraph 1, presents to the relevant Member State, which must
either accept or reject it, a plan of action with a view to attaining
recognition under Article 11 (2);
(b) can show, when presenting its plan of action, that it has set up the
operational fund referred to in Article 15;
(c) undertakes, on pain of penalties to be determined by the Member
State, to complete the implementation of its action plan before the
end of the five-year period.
3. Producer organizations which no longer meet the conditions laid
down in paragraph 2, whatever the reason and at whatever moment, shall
lose their status as such on the terms set out in Article 12 (1) (b).
However, the first subparagraph shall apply without prejudice to any
individual rights which the producer organization may have acquired in
accordance with Regulation (EEC) No 1035/72.
Article 14
1. New producer organizations or those which have not been
recognized under Regulation (EEC) No 1035/72 before the entry into
force of this Regulation may be allowed a transitional period of no more
than five years in which to meet the conditions for recognition laid down
in Article 11.
In order to qualify, they shall present a phased recognition plan to the
relevant Member State, acceptance of which shall signal the start of the
five-year period referred to in the first subparagraph and shall constitute
a preliminary recognition.!B1996R2200 — EN — 18.05.2001 — 002.001 — 11
2. During the four years following the date of preliminary recognition,
Member States may grant to the producer organizations referred to in
paragraph 1:
(a) aid to encourage their formation and facilitate their administrative
operation;
(b) aid, provided either directly or through credit institutions, in the form
of special loans to cover part of the investments required to attain
recognition and set out in the recognition plan referred to in the
second subparagraph of paragraph 1.
3. The aid referred to in paragraph 2 shall be reimbursed by the
Community in accordance with Article 51 (2) and (3).
4. Before granting preliminary recognition, Member States shall inform
the Commission of their intentions and the financial implications
thereof.
5. Presentation of a recognition plan by a producer organization to a
Member State shall entail a commitment by the organization to submit to
national and Community checks in accordance with Title VI, in
particular with regard to proper management of public funds.
6. Member States shall impose the applicable penalties on producer
organizations which do not fulfil their undertakings.
7. Detailed rules for application adopted under Article 48 for the
implementation of this Article shall include provisions ensuring that aid
paid to Portuguese producer organizations is not less, expressed as a
percentage of the value of the marketed production of the producer
organization, than that resulting from Regulation (EEC) No 746/93 (1).
Article 15
1. Community financial assistance shall be granted on the terms set out
in this Article to producer organizations setting up an operational fund.
This fund shall be maintained by financial contributions levied on
member producers on the basis of the quantities or value of fruit and
vegetables actually marketed and from the financial assistance referred
to in the first subparagraph.
2. Operational funds as indicated in paragraph 1 shall be used to:
"C2(a) finance market withdrawals on the terms set out in
paragraph 3; 3
(b) finance an operational programme submitted to the competent
national authorities and approved by them under Article 16 (1).
Such funds may also be used in whole or in part to finance an action plan
submitted by a producer organization as referred to in Article 13.
3. Use of the operational fund to finance market "C2withdrawals
shall be 3permissible only if an operational programme has been
approved by the competent national authorities. Financing shall take one
or more of the following forms:
(a) withdrawal compensation for products not listed in Annex II which
comply with the standards in force if such standards have been laid
down pursuant to Article 2;
(b) a supplement to the Community withdrawal compensation.Member States may set a maximum level for the compensation or
supplement but the amount of the supplement thus fixed added to the
amount of the Community withdrawal compensation may not exceed the
maximum level of withdrawal prices applying in the 1995/1996!B
(1) Council Regulation (EEC) No 746/93 of 17 March 1993 on the granting of
aid to encourage the formation and facilitate the operation of producerorganizations as provided for in Regulations (EEC) No 1035/72 and (EEC)No 1360/79 in Portugal.1996R2200 — EN — 18.05.2001 — 002.001 — 12
marketing year in accordance with Article 16 (3) (a), Article 16 (a),
Article 16 (b) and the first indent of Article 18 (1) (a) of Regulation
(EEC) No 1035/72.
The proportion of the operational fund which may be used to finance
withdrawals may not exceed 60 % in the first year, 55 % in the second,
50 % in the third, 45 % in the fourth, 40 % in the fifth and 30 % from the
sixth year onwards commencing from the date of approval by the
competent national authorities of the first operational programme
submitted by the producer organization and approved by them.
The limits laid down in Article 22 (3), (4) and (5) shall apply to the
withdrawals referred to in point (a) of the first subparagraph of this
paragraph.
4. Operational programmes as indicated in paragraph 2 (b) shall:(a) have several of the objectives referred to in Article 11 (1) (b) and
others, including in particular: the improvement of product quality,
boosting products’ commercial value, promotion of the products
targeted at consumers, creation of organic product lines, the
promotion of integrated production or other methods of production
respecting the environment and the reduction of withdrawals;
(b) include action to develop the use of environmentally sound
techniques by the producer members with regard to both cultivation
practices and the management of waste materials.
‘Environmentally sound techniques’ shall mean, in particular, those
which help to achieve the aims of Article (1) (a), (b) and (c) of
Regulation (EEC) No 2078/92 (
1);
(c) make financial provision for the technical and human resources
required to ensure the monitoring of compliance with the standards
referred to in Article 2, with plant-health rules and with maximum
permitted levels of residues.
5. The financial assistance referred to in paragraph 1 shall be equal to
the amount of the financial contributions indicated in that paragraph as
actually paid but limited to 50 % of the actual expenditure incurred under
paragraph 2.
This percentage shall be 60 % where an operational programme or part
of an operational programme is submitted by:
(a) either several Community producer organizations operating in
different Member States on transnational schemes, except for
operations as referred to in paragraph 2 (a);
(b) or one or more producer organizations engaged in schemes operated
on an interbranch basis.
However, the financial assistance shall be capped at 4,1 % of the value of
the marketed production of each producer organisation.
6. In regions of the Community where the degree of organisation of
producers is particularly low, Member States may be authorised, on a
duly substantiated request, to pay producer organisations national
financial assistance equal to a maximum of half the financial
contributions of producers. This assistance shall be additional to the
operational fund.
(1) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural
production methods compatible with the requirements of the protection of theenvironment and the maintenance of the countryside (OJ No L 215, 30. 7.1992, p. 85). Regulation as last amended by Commission Regulation (EC) No2722/95 (OJ No L 288, 1. 12. 1995, p. 35).!
M2
!B
!M4
!M31996R2200 — EN — 18.05.2001 — 002.001 — 13
For Member States where producer organisations market less than 15 %
of the fruit and vegetable production and whose fruit and vegetable
production represents at least 15 % of their total agricultural output, the
assistance referred to in the first subparagraph may be partly reimbursed
by the Community at the request of the Member State concerned.
Article 16
1. Operational programmes as referred to in Article 15 (2) (b) shall be
submitted to the competent national authorities, who shall approve or
reject them or request their modification in line with the provisions of
this Regulation.
Member States shall establish a national framework for drawing up the
general conditions relating to the measures referred to in Article 15 (4)
(b). They shall submit their proposed framework to the Commission
which may request modifications within three months if it finds that the
proposal does not enable the aims set out in Article 130r of the Treaty
and in the Community programme of policy and action in relation to the
environment and sustainable development to be attained.
2. By the end of each year at the latest, producer organizations shall
communicate to the Member State the estimated amount of the
operational fund for the next year and shall submit appropriate reasons
based on operational programme estimates, expenditure for the current
year and possible for previous years and, if necessary, on estimated
production quantities for the next year. The Member State shall, before 1
January of the following year, notify the producer organization of the
estimated amount of financial assistance in line with the limits set out in
Article 15 (5).
Financial assistance payments shall be made on the basis of expenditure
incurred for the schemes covered by the operational programme.
Advances may be made in respect of the same schemes subject to the
provision of a guarantee or security.
At the beginning of each year and by 31 January at the latest, the
producer-organization shall notify the Member State of the final amount
of expenditure for the previous year, accompanied by the necessary
supporting documents, so that it may receive the balance of the
Community financial assistance.
3. An association of producer organizations recognized by a Member
State may replace its members for the purposes of managing their
operational fund within the meaning of Article 15 (1) and for
establishing, implementing and submitting operational programmes as
referred to in Article 15 (2) (b). In such cases the association shall
receive the financial assistance and make the notification referred to in
paragraph 2 of this Article.
4. Operational programmes and their financing by producers and
producer organizations on the one hand and by Community funds on the
other shall have a minimum duration of three and a maximum duration of
five years.
5. Submission of an operational programme to a Member State by a
producer organization or, if the option indicated in paragraph 3 is taken
up, an association of producer organizations, shall imply a commitment
by the organization or association to submit to national and Community
checks in accordance with Title VI, in particular as regards proper
management of public resources.
Article 17
Should the general instruments of the common organization of the
market prove inadequate or inappropriate with regard to the products
listed in Article 1 (2) which are of major local or regional importance in
economic or ecological terms and which face lasting difficulties on the
Community market due, in particular, to strong international com-!M3
!B1996R2200 — EN — 18.05.2001 — 002.001 — 14
petition, specific measures to improve the competitiveness of these
products and to promote them may be taken in accordance with the
procedure laid down in Article 46.
Article 18
1. In cases where a producer organization or an association of producer
organizations which have adopted the same rules, which operates in a
specific economic area is considered, in respect of a specific product, to
be representative of production and producers in that area, the Member
State concerned may, at the request of the organization or association,
make the following rules binding on producers established in the area
who do not belong to one of the organizations referred to above:
(a) the rules referred to in point (1) of Article 11 (1) (c),
(b) the rules adopted by the organization or association relating to
market withdrawals,
on condition that the rules:
— have been in force for at least one marketing year,
— are included in the exhaustive list in Annex III,
— are made binding for no more than three marketing years.
2. For the purposes of this Article, ‘economic area’ means a
geographical zone made up of adjoining or neighbouring production
regions in which production and marketing conditions are homogeneous.
3. A producer organization or association of organizations shall be
deemed representative within the meaning of paragraph 1 where its
members account for at least two thirds of the producers in the economic
area in which it operates and it covers at least two thirds of the
production of that area.
4. The rules which are made binding on all producers in a specific
economic area:
(a) must not cause any harm to other producers in the Member State or
in the Community;
(b) shall not apply, unless they expressly cover them, to products
delivered for processing under a contract signed before the beginning
of the marketing year, with the exception of the rules on reporting
production referred to in paragraph 1 (a);
(c) must not clash with Community and national rules in force.
5. Member States shall notify the Commission forthwith of the rules
which they have made binding on all producers in a specific economic
area. These rules shall be published in the ‘C’ series of the Official
Journal.
The Commission shall decide that a Member State must repeal an
extension of the rules decided on by that Member State:
(a) if it finds that the extension in question to other producers excludes
competition in a substantial part of the internal market or jeopardizes
free trade, or that the objectives of Article 39 of the Treaty are
endangered;
(b) if it finds that Article 85 (1) of the Treaty applies to the agreement,
decision or concerted practice which it has been decided to extend to
other producers. The Commission’ s decision with regard to that
agreement, decision or concerted practice shall apply only from the
date of such a finding;
(c) where, following ex-post checks under Title VI, it finds that this
Article has not been complied with.
6. Where paragraph 1 is applied, the Member State concerned may
decide, on scrutiny of evidence presented, that non-member producers
shall be liable to the organization, or where appropriate, the association,!B1996R2200 — EN — 18.05.2001 — 002.001 — 15
for the part of the financial contributions paid by the producer members,
insofar as these are used to cover:
(a) administrative costs resulting from applying the rules referred to in
paragraph 1;
(b) the cost of research, market studies and sales promotion undertaken
by the organization or association and benefiting all producers in the
area.
7. Member States shall notify a list of economic areas as referred to in
paragraph 2 to the Commission. Within one month of notification, the
Commission shall approve the list or shall, after consultation with the
Member State concerned, decide on the amendments which the latter
must make to it. The approved list shall be published in the ‘C’ series of
theOfficial Journal of the European Communities .
TITLE III
Interbranch organizations and agreements
Article 19
1. For the purposes of this Regulation, ‘recognized interbranch
organizations’, hereinafter referred to as ‘interbranch organizations’,
means legal entities which:
(a) are made up of representatives of economic activities linked to the
production of and/or trade in and/or processing of the products
referred to in Article 1 (2);
(b) are established at the initiative of all or some of the organizations or
associations which constitute them;
(c) carry out several of the following measures in one or more regions of
the Community, taking account of the interests of consumers:
— improving knowledge and the transparency of production and
the market,
— helping to coordinate better the way fruit and vegetables are
placed on the market, in particular by means of research and
market studies,
— drawing up standard forms of contract compatible with
Community rules,
— exploiting more fully the potential of the fruit and vegetables
produced,
— providing the information and carrying out the research necess-
ary to adjust production towards products more suited to market
requirements and consumer tastes and expectations, in particular
with regard to product quality and protection of the environment,
— seeking ways of restricting the use of plant-health products and
other inputs and ensuring product quality and soil and water
conservation,
— developing methods and instruments for improving product
quality,
— exploiting the potential of and protecting organic farming as well
as designations of origin, quality labels and geographical
indications,
— promoting integrated production or other environmentally sound
production methods,
— laying down rules, as regards the production and marketing rules
set out in Annex III, which are stricter than Community or
national rules.!B1996R2200 — EN — 18.05.2001 — 002.001 — 16
(d) have been recognized by the Member State concerned on the terms
set out in paragraph 2.
2. If warranted by the Member State’s structures, Member States may
recognize as interbranch organizations within the meaning of this
Regulation all organizations established on their territory which make an
appropriate application, on condition that:
(a) they carry out their activity in one or more regions in that territory;
(b) they represent a significant share of the production of and/or trade in
and/or processing of fruit and vegetables and products processed
from fruit and vegetables in the region or regions in question and,
where more than one region is involved, they can demonstrate a
minimum level of representativeness in each region for each of the
branches that they group;
(c) they carry out several of the measures referred to in paragraph 1 (c);
(d) they are not themselves engaged in the production or processing or
marketing of fruit and vegetables or products processed from fruit
and vegetables;
(e) they do not carry out any of the activities referred to in Article 20
(3).
3. Before granting recognition Member States shall notify the
Commission of the interbranch organizations which have applied for
recognition, providing all relevant information about their representa-
tiveness and their various activities, together with all other information
needed for an assessment.
The Commission may object to recognition within a time limit of two
months after notification.
4. Member States shall:
(a) decide whether to grant recognition within three months of the
lodging of an application with all relevant supporting documents;
(b) carry out checks at regular intervals to ascertain that interbranch
organizations meet the terms and conditions for recognition, impose
the applicable penalties to such organizations in the event of their
failure to do so and, if necessary, decide to withdraw their
recognition;
(c) withdraw recognition if:
(i) the terms and conditions for recognition laid down in this
Regulation are no longer met;
(ii) the interbranch organization contravenes one or other of the
prohibitions imposed in Article 20 (3), without prejudice to any
other penalties otherwise incurred pursuant to national law;
(iii) the interbranch organizations fails to comply with the notifi-
cation obligation referred to in Article 20 (2);
(d) notify the Commission, within two months, of any decision to grant,
refuse or withdraw recognition.
5. The terms and conditions on which and the frequency with which the
Member States are to report to the Commission on the activities of
interbranch organizations shall be drawn up in accordance with the
procedure laid down in Article 46.
The Commission shall check that paragraphs 2 and 4 (b) are complied
with by carrying out checks in accordance with Title VI and may, as a
result of these checks, ask a Member State to withdraw recognition.
6. Recognition shall constitute an authorization to carry out the
measures listed in point (c) of paragraph 1, consistent with the terms
of this Regulation.!B1996R2200 — EN — 18.05.2001 — 002.001 — 17
7. The Commission shall publish in the ‘C’ series of the Official
Journal of the European Communities a list of the interbranch
organizations recognized, indicating the economic sphere or the area
of their activities and the activities carried out within the meaning of
Article 21. Withdrawals of recognition shall also be published.
Article 20
1. Notwithstanding Article 1 of Regulation No 26 (1), Article 85 (1) of
the Treaty shall not apply to the agreements, decisions and concerted
practices of recognized interbranch organizations intended to implement
the measures referred to in Article 19 (1) (c).
2. Paragraph 1 shall apply only provided that:— the agreements, decisions and concerted practices have been notified
to the Commission, and that
— within two months of receipt of all the details required the
Commission has not found that the agreements, decisions or
concerted practices are incompatible with Community rules.
The agreements, decisions and concerted practices may not be
implemented until the period indicated in the second indent of the first
subparagraph has elapsed.
3. Agreements, decisions and concerted practices which:— may lead to the partitioning of markets in any form within the
Community,
— may affect the sound operation of the market organization,— may create distortions of competition which are not essential in
achieving the objectives of the common agricultural policy pursued
by the interbranch organization measure,
— entail the fixing of prices, without prejudice to measures taken by
interbranch organizations in the application of specific provisions of
Community rules,
— may create discrimination or eliminate competition in respect of a
substantial proportion of the products in question, shall in any case
be declared contrary to Community rules.
4. If, following expiry of the two-month period referred to in the
second indent of the first subparagraph of paragraph 2, the Commission
finds that the conditions for applying this Regulation have not been met,
it shall take a decision declaring that Article 85 (1) of the Treaty applies
to the agreement, decision or concerted practice in question.
That Commission decision shall not come into effect earlier than the date
of notification to the interbranch organization concerned, unless that
interbranch organization has given incorrect information or abused the
exemption provided for in paragraph 1.
5. In the case of multiannual agreements, the prior notification for the
first year shall be valid for the subsequent years of the agreement;
however, in that event, the Commission may, on its own initiative or at
the request of another Member State, issue a finding of incompatibility
at any time.
Article 21
1. In cases where an interbranch organization operating in a specific
region or regions of a Member State is considered to be representative of
the production of and/or trade in and/or processing of a given product,
the Member State concerned may, at the request of the organization,!B
(1) Regulation No 26 applying certain rules of competition to production of and
trade in agricultural products (OJ No 30, 20. 4. 1962, p. 993/62). Regulationas last amended by Regulation No 49 (OJ No 53, 1. 7. 1962, p. 1571/62).1996R2200 — EN — 18.05.2001 — 002.001 — 18
make some of the agreements, decisions or concerted practices agreed on
within that organization binding for a limited period on other operators
operating in the region or regions in question, whether individuals or
groups, who do not belong to the organization.
2. An interbranch organization shall be deemed representative within
the meaning of paragraph 1 where it accounts for at least two thirds of
the production and/or trade in and/or processing of the product or
products concerned in the region or regions concerned of a Member
State. Where the application for extension of its rules to other operators
covers more than one region, the interbranch organization must
demonstrate a minimum level of representativeness for each of the
branches it groups in each of the regions concerned.
3. The rules for which extension to other operators may be requested:(a) must concern one of the following aims:
— production and market reporting,
— stricter production rules than any laid down in Community or
national rules,
— drawing up of standard contracts which are compatible with
Community rules,
— rules on marketing,
— rules on protecting the environment,
— measures to promote and exploit the potential of products,— measures to protect organic farming as well as designations of
origin, quality labels and geographical indications.
The rules referred to in the second, fourth and fifth indents must not
be other than those which appear in Annex III;
(b) must have been in force for at least one marketing year;(c) may be made binding for no more than three marketing years;(d) must not cause any harm to other operators in the Member State or
the Community.
Article 22
1. Member States shall notify the Commission forthwith of the rules
which they have made binding on all operators in one or more specific
regions. Those rules shall be published in the ‘C’ series of the Official
Journal of the European Communities .
Before that publication takes place, the Commission shall inform the
Committee provided for in Article 45 of any notification of the extension
of interbranch agreements.
The Commission shall decide that a Member State must repeal an
extension of the rules decided on by that Member State in the cases
referred to in the second subparagraph of Article 18 (5).
2. In cases where rules for one or more products are extended and
where one or more of the activities referred to in Article 21 (3) (a) are
pursued by a recognized interbranch organization and are in the general
economic interest of those persons whose activities relate to one or more
of the products concerned, the Member State which has granted
recognition may decide that individuals or groups which are not
members of the organization but which benefit from those activities
shall pay the organization all or part of the financial contributions paid
by its members to the extent that such contributions are intended to cover
costs directly incurred as a result of pursuing the activities in question.!B1996R2200 — EN — 18.05.2001 — 002.001 — 19
TITLE IV
Intervention arrangements
Article 23
1. Producer organizations and their associations may choose not to put
up for sale products listed in Article 1 (2) contributed by their members,
both in quantities and for periods which they consider appropriate.
2. The destination of products withdrawn from the market under
paragraph 1 must be fixed by the producer organization or association in
such a way as not to disturb the normal disposal of the products in
question and must respect the environment, particularly as regards water
and landscape quality.
3. Where paragraph 1 is applied to any one of the products listed in
Annex II which meet the relevant standards, producer organisations and
their associations shall pay their producer members the Community
withdrawal compensation indicated in Annex V , up to a limit:
— for citrus fruit, of 5 %,— for apples and pears, of 8,5 %, and— for other products, of 10 %,of the marketed quantity.The limits set in the first subparagraph shall apply to the marketed
quantity of each product, as defined in accordance with the procedure
laid down in Article 46, of only the members of the producer
organisation concerned, or of another organisation where Article 11(1)(c)
applies.
4. The ceilings fixed in paragraph 3 shall apply from the 2002/03
marketing year. For the 2001/02 marketing year, the ceilings shall be
10 % for citrus fruit, melons and water melons, and 20 % for other
products.
The second subparagraph of paragraph 3 shall apply to the ceilings set in
this paragraph.
5. The percentages in paragraphs 3 and 4 shall be annual averages over
a three-year period, with a 3 % annual margin of overrun.
Article 24
In connection with the products listed in Annex II, producer
organisations shall allow the benefits of Article 23 to growers who are
not members of any of the collective structures provided for in this
Regulation, if they so request. However, the Community withdrawal
compensation shall be reduced by 10 %. In addition, the amount paid
shall take account, on scrutiny of the evidence, of the overall withdrawal
costs borne by the members. The compensation may not be granted on a
volume greater than that share of the grower’ s marketed production
corresponding to the percentages given in Article 23(3).
Article 25
Producer organizations and their associations shall notify full details
concerning the implementation of Articles 23 and 24, and in particular
the measures taken to ensure environmentally sound practice in
connection with withdrawals, to their competent national authorities,
which shall forward the information to the Commission.
The information to be notified shall be determined, as necessary, in
accordance with the procedure laid down in Article 46.!B
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!B1996R2200 — EN — 18.05.2001 — 002.001 — 20
Member States shall establish a national framework for drawing up the
general conditions relating to the withdrawal methods which respect the
environment. They shall submit their proposed framework to the
Commission which may request modifications within three months if
it finds that the proposal does not enable the aims set out in Article 130r
of the Treaty and in the Community programme of policy and action in
relation to the environment and sustainable development to be attained.
Article 26
The Community withdrawal compensation shall be a single amount valid
throughout the Community.
Article 27
1. If the market in a product listed in Annex II is suffering or at risk of
suffering from widespread structural imbalances giving or liable to give
rise to too large a volume of the withdrawals referred to in Article 23, an
intervention threshold shall be set before the beginning of the marketing
year for that product in accordance with the procedure laid down in
Article 46 and the consequences of any overrun, assessed for the product
on the basis of withdrawals made during a marketing year or an
equivalent period or of the average of the volume of intervention over
several marketing years, shall be borne financially by the producers.
An overrun of the intervention threshold shall give rise to a reduction in
the Community withdrawal compensation in the following marketing
year. This reduction shall not be carried over to subsequent marketing
years.
2. The following shall be determined in accordance with the procedure
laid down in Article 46:
(a) the implications for each product of an overrun of the threshold;
(b) where necessary, the reduced Community withdrawal compensation
and measures for the application of this Article.
3. This Article shall apply only during the first five marketing years
following entry into force of this Regulation.
Article 28
1. Member States shall notify the Commission for each marketing day
during each of the relevant marketing years of the prices recorded on
their representative producer markets for certain products of defined
commercial characteristics such as variety or type, class, size and
packaging.
2. A list of these markets and products and the frequency with which
data is to be communicated shall be drawn up in accordance with the
procedure laid down in Article 46.
Markets in Member States on which a substantial part of the national
output of a given product is marketed throughout the marketing year or
during one of the periods into which the year is divided shall be regarded
as representative within the meaning of paragraph 1.
Article 29
1. Member States shall pay the Community withdrawal compensation
fixed in Article 26 to producer organizations or their associations which
have carried out withdrawals under the terms of Articles 23 and 24 and
are required to pay the compensation to their members or to non-member
growers.
Payments shall be made in a manner to be determined in accordance with
the procedure laid down in Article 46.!B
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!B1996R2200 — EN — 18.05.2001 — 002.001 — 21
2. The Community withdrawal compensation shall be paid without
prejudice to any financial implications resulting from overrun of an
intervention threshold.
The compensation shall, in addition, be reduced by the net receipts
earned by producer organizations and their associations from the
products withdrawn from the market.
3. Where producer organizations and their associations are unable to
direct products to one of the destinations referred to in Article 30 (1), the
Community withdrawal compensation shall be granted only if the
products have a destination in accordance with the instructions issued by
the Member State under the other provisions of Article 30.
Article 30
1. Products withdrawn from the market under Article 23 (1) which
remain unsold shall be disposed of as follows:
(a) all products:
— free distribution to charitable organizations and foundations,
approved to that effect by the Member States, for use in their
activities to assist persons whose right to public assistance is
recognized in national law, in particular because they lack the
necessary means of subsistence,
— free distribution to penal institutions and to children’s holiday
camps as well as to hospitals and old people’ s homes designated
by the Member States, which shall take all necessary steps to
ensure that the quantities thus distributed are additional to the
quantities normally bought in by such establishments,
— free distribution outside the Community, through charitable
organizations approved to that effect by the Member States, to
the populations of third countries in need,
and, secondarily,— use for non-food purposes,— use in animal feed, either fresh or after processing by the
feedingstuffs industry;
(b) fruit: free distribution to school children, other than as part of the
meals served in school canteens, and to pupils in schools which do
not have canteens providing meals,
(c) apples, pears, peaches and nectarines: processing into alcohol of a
strength of more than 80 % volume by direct distillation of the
product,
(d) all products: disposal of certain classes of product to the processing
industry on condition that there is no resulting distortion of
competition for the industries concerned within the Community or
for imported products. The implementation of this provision shall be
decided in accordance with the procedure laid down in Article 46.
2. In cases where none of the destinations referred to in paragraph 1 is
possible, products withdrawn may be destined for composting or for
biodegradation processes authorized by the Member State concerned.
3. The free distribution provided for in the first, second and third
indents of point (a) of paragraph 1 and point (b) of paragraph 1 shall be
organized by the producer organizations concerned, under the super-
vision of the Member States.
However, with regard to the free distribution of fruit to school children,
the Commission may take the initiative of and responsibility for
implementing local pilot projects within the framework of research and
promotion measures.!B1996R2200 — EN — 18.05.2001 — 002.001 — 22
4. Member States shall help to establish contacts between producer
organizations and charitable organizations and other bodies which may
be interested in using products withdrawn from the market within their
territory, with a view to one of the forms of free distribution referred to in
points (a) and (b) of paragraph 1.
5. The disposal of products to the feedingstuffs industry shall be carried
out by the most appropriate procedure by an agency designated by the
Member State concerned.
The distillation referred to in point (c) of paragraph 1 shall be carried out
by distilleries either on their own account or on behalf of a body
designated by the Member State concerned. In both cases this body shall
carry out the operations in question using the most appropriate
procedure.
6. The Community shall defray, on terms and conditions to be
determined in accordance with the procedure laid down in Article 46,
transport, sorting and packaging costs in connection with free
distribution as provided for in paragraph 1.
7. Detailed rules for the application of this Article, and in particular
those relating to free distribution and the disposal of products withdrawn,
and those designed to avoid disruption of the alcohol market as a result
of the distillation of products withdrawn, shall be adopted in accordance
with the procedure laid down in Article 46.
TITLE V
Trade with third countries
Article 31
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 (2) may be subject to presentation of an
import or export licence.
Licences shall be issued by Member States to any applicant, irrespective
of his place of establishment in the Community and without prejudice to
measures taken for the application of Articles 36 and 37.
Import and export licences shall be valid throughout the Community. The
issue of such licences may be subject to the lodging of a security
guaranteeing that the products are imported or exported during the term
of validity of the licence; except in cases of force majeure , the security
shall be forfeited in whole or in part if import or export is not carried out,
or is carried out only partially, within that period.
2. The term of validity of import and export licences and other detailed
rules for the application of this Article shall be adopted in accordance
with the procedure laid down in Article 46.
Article 32
1. Save as otherwise provided for in this Regulation, the rates of duty in
the common customs tariff shall apply to the products listed in Article 1
(2).
2. Should application of the common customs tariff duty rate depend
on the entry price of the imported consignment, the veracity of this price
shall be checked using a flat-rate import value calculated by the
Commission, by product and by origin, on the basis of the weighted
average of prices for the product on Member States’ representative
import markets or on other markets, where appropriate.
Specific provisions may, however, be adopted for verifying the entry
price of products imported primarily for processing, in accordance with
the procedure laid down in Article 46.!B
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!B1996R2200 — EN — 18.05.2001 — 002.001 — 23
3. Where the declared entry price of the consignment in question is
higher than the flat-rate import value, increased by a margin set in
accordance with paragraph 5 which may not exceed the flat-rate value by
more than 10 %, the lodging of a security equal to the import duty
determined on the basis of the flat-rate import value shall be required.
4. If the entry price of the consignment in question is not declared at
the time of customs clearance, the common customs tariff duty rate
applied shall depend on the flat-rate import value or be arrived at by
application of the relevant customs legislation provisions under
conditions to be determined in accordance with paragraph 5.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 46.
Article 33
1. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed in
Article 1 (2), imports of one or more of such products at the rate of duty
laid down in the common customs tariff shall be subject to payment of an
additional import duty if the conditions set out in Article 5 of the
Agreement on agriculture (1) concluded in the framework of the Uruguay
Round of multilateral trade negotiations have been fulfilled, unless the
imports are unlikely to disturb the Community market, or the effects
would be disproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed
shall be those notified by the Community to the World Trade
Organization.
The trigger volumes to be exceeded in order to have the additional
import duty imposed shall be determined in particular on the basis of
imports into the Community in the three years preceding the year in
which the adverse effects referred to in paragraph 1 arise or are likely to
arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif import
prices of the consignment concerned.
The cif import prices shall be verified for this purpose on the basis of
representative prices for the product in question on the world market or
on the Community import market for the product.
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 46. Such detailed
rules shall specify in particular:
(a) the products to which additional import duties may be applied under
Article 5 of the Agreement on agriculture referred to in paragraph 1
of this Article;
(b) the other criteria necessary for application of paragraph 1 in
accordance with Article 5 of the said Agreement on agriculture.
Article 34
1. Tariff quotas for the products listed in Article 1 (2) resulting from
agreements concluded within the framework of the Uruguay Round of
multilateral trade negotiations shall be opened and administered in
accordance with detailed rules adopted in accordance with the procedure
laid down in Article 46.
2. Quotas may be administered by applying one of the following
methods or a combination thereof:
(a) a method based on the chronological order in which applications are
lodged (‘first come, first served’ basis);!B
(1) OJ No L 336, 23. 12. 1994, p. 22.1996R2200 — EN — 18.05.2001 — 002.001 — 24
(b) a method of allocating quotas in proportion to quantities requested
when applications are lodged (using the ‘simultaneous examination’
method);
(c) a method based on taking traditional trade flows into account (using
the ‘traditional importers/new arrivals’ method).
Other appropriate methods may be adopted. They must avoid any
discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate, take
account of the supply needs of the Community market and the need to
safeguard the equilibrium of that market, whilst at the same time drawing
on methods applied in the past to quotas corresponding to those referred
to in paragraph 1, without prejudice to rights arising from agreements
concluded in the framework of the Uruguay Round of trade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for annual
quotas, suitably phased over the year, shall determine the administrative
method to be used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a), and
(c) the conditions under which import licences are issued and their term
of validity.
Article 35
1. To the extent necessary to enable economically significant quantities
of the products listed in Article 1 (2) to be exported on the basis of the
prices of these products in international trade but within the limits
resulting from agreements concluded in accordance with Article 228 of
the Treaty, the difference between those prices and prices in the
Community may be covered by export refunds.
2. The method to be adopted for allocation of the quantities which may
be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allows the most efficient possible use of the
resources available and takes due account of the efficiency and
structure of Community exports, without, however, creating dis-
crimination between large and small operators;
(b) is least cumbersome administratively for operators, administration
requirements taken into account;
(c) avoids any discrimination between the operators concerned.3. Refunds shall be the same for the whole Community.Where the international trade situation or the specific requirements of
certain markets make this necessary, the refund for a given product may
vary according to the destination of the product.
Refunds shall be fixed in accordance with the procedure laid down in
Article 46. Refunds shall be fixed periodically or by tender.
Refunds fixed periodically may, where necessary, be adjusted in the
interval by the Commission at the request of a Member State or on its
own initiative.
4. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and likely trends with regard to:
— prices and availability of fruit and vegetables on the Community
market,!B
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!B1996R2200 — EN — 18.05.2001 — 002.001 — 25
— prices for fruit and vegetables in international trade;
(b) marketing costs and minimum transport charges from Community
markets to ports and other Community export points, and forwarding
costs to the country of destination;
(c) the economic aspect of the proposed exports;(d) the limits resulting from agreements concluded in accordance with
Article 228 of the Treaty.
5. The Community market prices referred to in paragraph 1 shall be
determined using the prices which are most favourable from the
exportation point of view.
The world market prices referred to in paragraph 1 shall be determined
using:
(a) prices recorded on third-country markets;
(b) the most favourable prices in third countries for imports from other
third countries;
(c) producer prices recorded in exporting third countries;
(d) free-at-Community-frontier offer prices.6. Refunds shall be granted only on application and on presentation of
the relevant export licence.
7. The refund shall be that applicable on the day of application for the
licence and, in the case of a differentiated refund, that applicable on the
same day:
(a) for the destination indicated on the licence, or
(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceed
the amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be waived in the case of products listed in
Article 1 (2) on which refunds are paid under food-aid operations, in
accordance with the procedure laid down in Article 46.
9. The refund shall be paid upon proof that the products:— have been exported from the Community,
— are of Community origin, and
— in the case of a differentiated refund, have reached the destination
indicated on the licence or another destination for which a refund
was fixed, without prejudice to point (b) of paragraph 7. Exceptions
may be made to this rule in accordance with the procedure laid down
in Article 46, provided conditions are laid down which offer
equivalent guarantees.
10. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensured
on the basis of the export licences issued for the reference periods
provided for therein and applicable to the products concerned.
With regard to compliance with the obligations arising under the
agreements concluded in the Uruguay Round trade negotiations, the
ending of a reference period shall not affect the validity of export
licences.
11. Detailed rules for the application of this Article, including provisions
for the redistribution of unallocated or unused exportable quantities,
shall be adopted in accordance with the procedure laid down in Article
46.!B1996R2200 — EN — 18.05.2001 — 002.001 — 26
Article 36
1. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited when
importing the products listed in Article 1 (2) from third countries:
— the levying of any charge having equivalent effect to a customs duty,— the application of any quantitative restriction or measure having
equivalent effect.
2. The general rules for the interpretation of the combined nomen-
clature and the special rules for its application shall apply to the
classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall be
incorporated in the common customs tariff.
Article 37
1. Appropriate measures may be taken when trading with third
countries if, by reason of imports or exports, the Community market
in one or more of the products listed in Article 1 (2) is affected by, or is
threatened with, serious disturbance likely to jeopardize achievement of
the objectives set out in Article 39 of the Treaty.
Such measures may be applied only until, depending on the case, the
disturbance or threat of disturbance has ceased or the quantities
withdrawn or bought in have diminished appreciably.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shall
adopt general rules for application of this paragraph and shall define 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 of
these and they shall be immediately applicable. If the Commission
receives a request from a Member State, it shall take a decision thereon
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 confirm, amend or rescind the measure in
question.
4. This Article shall be applied having regard to the obligations arising
from international agreements concluded in accordance with Article 228
(2) of the Treaty.
TITLE VI
National and Community checks
Article 38
1. Member States shall take the necessary measures to ensure
compliance with Community rules in the fruit and vegetable sector,
particularly in the fields referred to in Annex IV .
2. Where it is appropriate to carry out checks by sampling, Member
States shall ensure, by their nature and frequency and on the basis of risk
analysis, that the checks are appropriate to the measure concerned both
in terms of their territory as a whole and in terms of the volume of fruit
and vegetable sector products marketed or held with a view to marketing.
The recipients of public funds must be systematically checked, without
prejudice to the implementation of systematic checks in other fields.!B1996R2200 — EN — 18.05.2001 — 002.001 — 27
3. The Commission and the Member States shall ensure that the
competent authorities have a sufficient number of suitably qualified and
experienced staff to carry out the checks effectively, particularly in the
fields referred to in Annex IV .
Article 39
1. Without prejudice to the checks carried out by the national
authorities pursuant to Article 38, the Commission may, in collaboration
with the competent authorities of the Member State concerned, carry out
or ask a Member State to carry out on-the-spot checks in order to ensure
uniform application of Community rules in the fruit and vegetable sector,
particularly in the fields referred to in Annex IV .
2. The Commission shall inform the relevant Member State in advance
and in writing about the subject, purpose and location of the checks it
envisages, the date on which they are to commence and the identity and
status of its inspectors.
Article 40
1. In order to implement the provisions of Article 39, the Commission
shall establish a special corps of inspectors in the fruit and vegetable
sector consisting of Commission officials with suitable qualifications,
technical knowledge and experience and possibly of staff appointed at
the request of the Commission and with the agreement of the Member
State concerned, from the staff referred to in Article 38 (3) to take part in
specific enquiries.
2. The special corps of inspectors shall, under the Commission’ s
direction, discharge the following tasks:
(a) participate in the checks planned and carried out by the competent
authorities of the Member States;
(b) carry out the checks referred to in Article 39 at the Commission’ s
initiative, in which the officials of the Member State are invited to
participate;
(c) assess the national verification arrangements set up, the procedures
followed and the results obtained;
(d) ascertain the measures, legislative and otherwise, taken by the
competent authorities to improve compliance with Community rules
in the fruit and vegetable sector;
(e) develop collaboration and the exchange of information between the
competent bodies of the Member States in order to contribute to the
uniform application of the rules in the fruit and vegetable sector and
facilitate free movement of the products of the sector.
3. With regard to the checks to be carried out under point (b) of
paragraph 2, the Commission shall, in good time before the start of
operations, inform the competent authority of the Member State on
whose territory these operations are to take place.
4. The Commission shall itself determine the most appropriate places
for its checks to be carried out and shall, in collaboration with the
Member States concerned, establish the practical arrangements.
Article 41
1. The checks pursuant to Article 40 (2) (b) shall be carried out in
accordance with Article 9 (2) of Regulation (EEC) No 729/70.
The Commission’ s inspectors shall, in the course of checks, adopt an
attitude compatible with the rules and professional practices which
officials of the Member State must follow. They shall observe
professional confidentiality.!B1996R2200 — EN — 18.05.2001 — 002.001 — 28
2. The Commission shall establish appropriate links with the competent
authorities of the Member States in order to draw up control programmes
jointly. Member States shall collaborate with the Commission to
facilitate its accomplishment of this task.
3. The Commission shall communicate the results of the visits made by
its inspectors to the competent authority of the Member State concerned
as soon as possible. That communication shall record any difficulties
encountered and infringements noted of the rules governing the market
in fruit and vegetables.
4. The Member State concerned shall inform the Commission as soon
as possible of the steps it has taken to put an end to the difficulties or
infringements in question.
Article 42
Any irregularity which is noted during checks and may have a financial
effect on the Guarantee Section of the EAGGF shall be dealt with in
accordance with the provisions of Regulation (EEC) No 595/91 (1). The
Member State on whose territory the irregularity was noted must make
the declaration provided for in Article 3 of this Regulation.
Any failure to comply in the application of Community rules by a
Member State which is noted during Commission checks and may have a
financial effect on the Guarantee Section of the EAGGF shall be dealt
with in accordance with the provisions of Article 5 (2) (c) of Regulation
(EEC) No 729/70.
TITLE VII
General provisions
Article 43
Save as otherwise provided in this Regulation, Articles 92, 93 and 94 of
the Treaty shall apply to the production of and trade in the products
referred to in Article 1 (2).
Article 44
1. Member States and the Commission shall communicate to each other
the information necessary for applying this Regulation. The data to be
communicated shall be determined in accordance with the procedure laid
down in Article 45. Rules for the communication and distribution of such
information shall be adopted in accordance with the same procedure.
2. The data referred to in paragraph 1 shall include at least information
on cultivated areas and quantities harvested, marketed or not put up for
sale under Article 23.
This information shall be collected by:— producer organizations in the case of their members, without
prejudice to Articles 11 and 19,
— the relevant services of the Member States in the case of producers
who do not belong to any of the collective structures provided for in
this Regulation. The Member State in question may entrust this task
in whole or in part to one or more producer organizations.!B
(1) Council Regulation (EEC) No 595/91 of 4 March 1991 concerning
irregularities and the recovery of sums wrongly paid in connection with thefinancing of the common agricultural policy and the organization of aninformation system in this field (OJ No L 67, 14. 3. 1991, p. 11).1996R2200 — EN — 18.05.2001 — 002.001 — 29
3. Member States shall take all measures necessary to ensure the
collection of the data referred to in paragraph 2, their accuracy, their
statistical processing and their regular communication to the Commis-
sion. They shall provide for penalties in cases of unjustified delays or
systematic negligence in the proper performance of the tasks in question.
They shall inform the Commission of those measures.
4. The Commission shall regularly communicate to the Member States
by the most appropriate means the data referred to in paragraph 1 and the
conclusions which it draws from such data. The rules for application
shall be adopted in accordance with the procedure laid down in Article
46.
Article 46
1. The Commission shall be assisted by a committee, the Management
Committee for Fresh Fruit and Vegetables, hereinafter referred to as the
‘committee’, composed of representatives of the Member States and
chaired by the representative of the Commission.
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
3. The period laid down in Article 4(3) of Decision 1999/468/EC shall
be set at one month.
4. The committee shall adopt its rules of procedure.
Article 47
The Committee may consider any other question referred to it by its
chairman either on his/her own initiative or at the request of the
representative of a Member State.
Article 48
The detailed rules for the application of this Regulation, including
financial or non-financial administrative penalties, shall be adopted in
the light of the specific requirements of the sector in accordance with the
procedure laid down in Article 46.
Article 49
This Regulation shall be so applied that appropriate account is
simultaneously taken of the objectives set out in Articles 39 and 110
of the Treaty.
Article 50
Member States shall take all appropriate measures to penalize
infringements of the provisions of this Regulation and to forestall and
bring to an end any fraud.
Article 51
The laws, regulations and administrative provisions adopted by Member
States for the application or in application of this Regulation shall be
communicated to the Commission no later than one month after their
adoption. The same shall apply to any modification of the said
provisions.!B
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!B1996R2200 — EN — 18.05.2001 — 002.001 — 30
!M3
Article 52
1. Expenditure relating to the payment of the Community withdrawal
compensation and to Community financing of the operational fund, the
specific measures referred to in Article 17 and Articles 53, 54 and 55 and
checks by experts of the Member States made available to the
Commission in application of Article 40(1) shall be deemed to be
intervention to stabilise agricultural markets within the meaning of
Article 1(2)(b) of "C4Regulation (EC) No 1258/1999 (1)3.
2. Expenditure relating to the aid granted by the Member States in
accordance with Article 14 and the second subparagraph of Article 15(6)
shall be deemed to be intervention to stabilise agricultural markets
within the meaning of Article 1(2)(b) of "C4Regulation (EC) No
1258/1999 3. It shall be eligible for part financing by the Community.
3. The Commission shall, following the procedure laid down in Article
46, adopt rules for the application of paragraph 2 of this Article.
4. The provisions of Title VI shall apply without prejudice to the
application of Council Regulation (EEC) No 4045/89 of 21 December
1989 on scrutiny by Member States of transactions forming part of the
system of financing by the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund and repealing Directive
77/435/EEC (2).
Article 53
Any rights acquired by producer organizations before the entry into force
of this Regulation in application of Article 14 and Title IIa of Regulation
(EEC) No 1035/72 shall be maintained until exhausted.
Article 55
For hazelnuts harvested during the 1997/1998, 1998/1999 and 1999/2000
marketing years, aid of ECU 15/100 kg shall be granted to producer
organizations, recognized pursuant to Regulation (EEC) No 1035/72 or
to this Regulation, which implement a quality improvement plan within
the meaning of Article 14d of Regulation (EEC) No 1035/72 or an
operational plan within the meaning of this plan in 1997.
Article 56
By 31 December 2000 the Commission shall send the Council a report
on the operation of this Regulation, accompanied by any proposals that
may be required.
Article 57
If measures are needed to facilitate the transition from the previous
arrangements to those established by this Regulation, such measures
shall be adopted in accordance with the procedure laid down in Article
46.
Article 58
1. This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 388, 30.12.1989, p. 17. Regulation as last amended by Regulation (EC)
No 3235/94 (OJ L 338, 28.12.1994, p. 16)!B
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It shall apply from 1 January 1997. However, Title IV shall apply only,
for each of the "C1products referred to in Annex II, 3from the
beginning of the 1997/1998 marketing year.
2. Regulations (EEC) No 1035/72, (EEC) No 3285/83, (EEC) No
1319/85, (EEC) No 2240/88, (EEC) No 1121/89 and (EEC) No 1198/90
are hereby repealed as from the date of application of the corresponding
provisions of this Regulation.
References to the repealed Regulations shall be understood as references
to this Regulation and are to be read in conjunction with the correlation
tables in Annex VI.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1996R2200 — EN — 18.05.2001 — 002.001 — 32
ANNEX I
Products which are to be supplied fresh to the consumer and are subject to
standards
Almonds
Apples and pears
Apricots
ArtichokesAsparagusAubergines
Avocados
BeansBrussels sproutsCabbage
Carrots
CauliflowersCeleryCherries
Citrus fruit
CourgettesCucumbersGarlic
Hazelnuts
KiwisLeeksLettuce, curly and escarole chicory
Melons
OnionsPeaches and nectarinesPeas for shelling
Plums
SpinachStrawberriesSweet peppers
Table grapes
TomatoesWalnutsWater melons
Witloof chicory
"
M7Cultivated mushrooms 3!B1996R2200 — EN — 18.05.2001 — 002.001 — 33
ANNEX II
List of products eligible for Community withdrawal compensation under
Article 23 (3)
Cauliflowers
Tomatoes
Aubergines
ApricotsPeachesNectarines
Lemons
Pears (other than perry pears)Table grapesApples (other than cider apples)
Satsumas
MandarinsClementinesOranges
Melons
Water melons!
B1996R2200 — EN — 18.05.2001 — 002.001 — 34
ANNEX III
Exhaustive list of rules applied by producer organizations that may be
extended to non-member producers Article 18 (1)
1. Rules on production information
(a) notification of growing intentions, by product and where appropriate
variety;
(b) notification of sowings and plantings;(c) notification of total areas grown, by product and if possible variety;(d) notification of anticipated tonnages and probable cropping dates by
product and if possible variety;
(e) periodic notification of quantities cropped and available stocks, by
variety;
(f) information on storage capacities.
2. Production rules
(a) choice of seed to be used according to intended destination (fresh
market/industrial processing);
(b) thinning in orchards.
3. Marketing rules
(a) specified dates for commencement of cropping, staggering of
marketing;
(b) minimum quality and size requirements;(c) preparation, presentation, packaging and marking at first marketing
stage;
(d) indication of product origin.
4. Rules on the protection of the environment
(a) use of fertilizer and manure;
(b) use of plant-health products and other crop protection methods;
(c) maximum residue content in fruit and vegetables of plant-health
products and fertilizers;
(d) rules on disposal of by-products and used material;(e) rules on destruction of products withdrawn from the market.
5. Withdrawals
— rules adopted under Article 23 in accordance with the terms of Article
25.!
B1996R2200 — EN — 18.05.2001 — 002.001 — 35
ANNEX IV
Non-exhaustive list of matters that may be covered by national and
Community inspection
Conformity with product standards (Articles 7 and 8)
Compliance with terms of recognition of producer organizations (Article 12)
Implementation of action plan (Article 13)
Implementation of recognition plan and utilization of aid (Article 14)Management of operational fund and implementation of operational programme
(in particular close scrutiny of use of public funds) (Article 15)
Compliance with terms governing the extension of rules to non-producers (Article
18)
Compliance with terms governing interbranch organizations and agreements and
extension of rules (Articles 19, 20 and 21)
Withdrawal operations (Articles 23 et seq. )
Proper payment of Community withdrawal compensation (Article 29)Disposal of products withdrawn from market (Article 30)Application of rules on trade with third countries (Articles 31 et seq .).!
B1996R2200 — EN — 18.05.2001 — 002.001 — 36
ANNEX V
Community withdrawal compensation
(ECU/100 kg)
Marketing years 1997/1998 1998/1999 1999/2000 2000/2001 2001/2002 As from 2002
Cauliflowers 9,34 8,88 8,41 7,94 7,48 7,01
Tomatoes 6,44 6,12 5,80 5,47 5,15 4,83
Apples 10,69 10,32 9,94 9,56 9,18 8,81
Grapes 10,69 10,15 9,62 9,08 8,55 8,02
Apricots 18,90 17,95 17,01 16,06 15,12 14,17
Nectarines 17,39 16,52 15,65 14,78 13,91 13,04
Peaches 14,65 13,92 13,18 12,45 11,72 10,99
Pears 10,18 9,82 9,46 9,10 8,75 8,39
Aubergines 5,29 5,02 4,76 4,49 4,23 3,97
Melons 4,00 4,00 4,00 4,00 4,00 4,00
Water melons 4,00 4,00 4,00 4,00 4,00 4,00
Oranges 14,33 14,26 14,20 14,13 14,07 14,00
Mandarins 16,15 15,52 14,89 14,26 13,63 13,00
Clementines 12,74 12,79 12,84 12,90 12,95 13,00
Satsumas 10,49 10,99 11,49 12,00 12,50 13,00
Lemons 13,37 13,30 13,22 13,15 13,07 13,00!B1996R2200 — EN — 18.05.2001 — 002.001 — 37
ANNEX VI
Correlation table
Regulation (EEC) No 1035/75 This Regulation
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3
Article 4 —
Article 5 Article 4
Article 6 Article 5
Article 7 Article 6
Article 8 Article 7
Articles 9 and 11 Article 8
Article 10 Article 10
Article 12 Article 9
Article 13 Article 11
Article 13a —
Article 13b —
Article 14 Article 14
Article 14a —
Article 14b —
Article 14c —
Article 14d —
Article 14e Article 54
Article 14f —
Article 14g —
Article 15 Article 23
Article 15a —
Article 15b Article 18
Article 16 —
Article 16a —
Article 16b Article 27
Article 17 Article 28
Article 18 Article 29
Article 18a Article 24
Article 19 —
Article 19a —
Article 19b —!B1996R2200 — EN — 18.05.2001 — 002.001 — 38
Regulation (EEC) No 1035/75 This Regulation
Article 19c —
Article 20 —
Article 21 Article 30
Article 22 Article 31
Article 23 Article 32
Article 24 Article 33
Article 25 Article 34
Article 26 Article 35
Article 27 Article 36
Article 31 Article 43
Article 32 Article 45
Article 33 Article 46
Article 34 Article 47
Article 35 —
Article 36 Article 52
Article 36a Article 52
Article 37 Article 49
Article 38 Article 44
Article 40 —
Article 41 Article 58
Article 42 Article 58!B1996R2200 — EN — 18.05.2001 — 002.001 — 39