2003R0043 — EN — 15.06.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No43/2003
of23December 2002
laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/
2001and(EC)No1454/2001asregardsaidforthelocalproductionofcropproductsintheouter-
mostregionsoftheEuropeanUnion
(OJ L 7, 11.1.2003, p. 25)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 995/2003 of 11 June 2003 L 144 3 12.6.2003
Corrected by:
►C1Corrigendum, OJ L 62, 6.3.2003, p. 27 (43/2003)
▼B
COMMISSIONREGULATION(EC)No43/2003
of23December 2002
laying down detailed rules for applying Council Regulations (EC)
No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 asregards aid for the local production of crop productsin the outer-
mostregionsoftheEuropeanUnion
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1452/2001 of 28 June
2001 introducing specific measures for certain agricultural products
for the French overseas departments, amending Directive 72/462/EEC
and repealing Regulations(EEC) No 525/77 and (EEC) No 3763/91(Poseidom) (
1), and in particular Article 5(2), Article 12(4), Article
13(4), Article 15(7) and Article 18 thereof,
Having regard to Council Regulation (EC) No 1453/2001 of 28 June
2001 introducing specific measures for certain agricultural productsfor the Azoresand Madeira and repealing Regulation (EEC) No 1600/92 (Poseima) (
2), and in particular Article 5(3), Article 6(5), Article
7(2), Article 9(3), Article 16(2), Article 19, Article 20(7), Article
21(3), the third paragraph of Article 27, Article 28(3), Article 30(5)and Article 31 thereof,
Having regard to Council Regulation (EC) No 1454/2001 of 28 June
2001 introducing specific measures for certain agricultural productsfor the Canary Islands and repealing Regulation (EEC) No 1601/92(Poseican) (
3), as last amended by Commission Regulation (EC) No
1922/2002 (4), and in particular Article 9(2), Article 10(5), Article
11(2), Article 13 and Article 14(3) thereof,
Having regard to Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in fruit and vegeta-bles(
5), aslas t amended by Regulation (EC) No 1881/2002 (6), and in
particular Article 11(2)(a) and Article 48 thereof,
Whereas:
(1)In the interests of legislative simplification, the provisions
adopted by Regulations(EEC) No 980/92 (7), (EEC) No 2165/2003R0043 — EN — 15.06.2003 — 001.001 — 2
(1) OJ L 198, 21.7.2001, p. 11.
(2) OJ L 198, 21.7.2001, p. 26.
(3) OJ L 198, 21.7.2001, p. 45.
(4) OJ L 293, 29.10.2002, p. 11.
(5) OJ L 297, 21.11.1996, p. 1.
(6) OJ L 285, 23.10.2002, p. 13.
(7) Commission Regulation (EEC) No 980/92 of 21 April 1992 laying down
detailed rulesfor applying the aid s cheme for the marketing of rice
produced in French Guiana, Martinique and Guadeloupe (OJ L 104,
22.4.1992, p. 31); Regulation aslas t amended by Regulation (EC) No 625/
98 (OJ L 85, 20.3.1998, p. 6).
▼B
92 (1), (EEC) No 2311/92 (2), (EEC) No 3491/92 (3), (EEC) No
3518/92 (4), (EC) No 1524/98 (5), (EC) No 2477/2001 (6), (EC)
No 396/2002 (7), (EC) No 738/2002 (8), (EC) No 1410/2002 (9)
and (EC) No 1491/2002 (10) should be incorporated into this
Regulation, those Regulations should be repealed and detailedruless hould be adopted for the area aid granted to growersofvines used to produce quality wines psr, potatoes for humanconsumption, sugar cane and wicker in Madeira and to growers
of sugarbeet, seed potatoes, chicory and tea in the Azores as
provided for in Regulation (EC) No 1453/2001, to growersofpotatoesfor human cons umption under Regulation (EC) No1454/2001 and to aid for local marketing of bananasproducedin French Guiana and Réunion. Detailed rulesfor granting thisaid should be laid down to reflect the distinctive cultural and
climatic features of the outermost regions.
(2)In view of the specific features of producing quality wines psr,
specific rules should be laid down for the per-hectare aid inthat sector.
(3)Article 27 of Regulation (EEC) No 1453/2001 providesfor aidto be granted for the production of up to 2 000 tonnesof fres hpineapplesper year. Detailed ruless hould be laid down forapplying that aid scheme.
(4)Asregardsthe aid for the production of green vanilla and the aidfor the production of essential geranium and vetiver oils, theseschemes can be applied satisfactorily within the existing marketstructures if arrangements are introduced for approving proces-
sors of dried vanilla or vanilla extracts and local bodies2003R0043 — EN — 15.06.2003 — 001.001 — 3
(1) Commission Regulation (EEC) No 2165/92 of 30 July 1992 laying down
detailed rules for the application of the specific measures for Madeira and
the Azoresasregardspotatoesand endives(OJ L 217, 31.7.1992, p. 29);
Regulation aslas t amended by Regulation (EC) No 1984/96 (OJ L 264,
17.10.1996, p. 12).
(2) Commission Regulation (EEC) No 2311/92 of 31 July 1992 laying down
detailed rules for the application of specific measures adopted in respect of
fruit, vegetables, plants and flowers for the benefit of the Azores and
Madeira (OJ L 222, 7.8.1992, p. 24); Regulation aslas t amended by Regu-
lation (EC) No 1445/93 (OJ L 142, 12.6.1993, p. 27).
(3) Commission Regulation (EEC) No 3491/92 of 2 December 1992 concerning
the grant in the Azoresof flat-rate aid for the production of s ugarbeet and
special aid for the processing of sugarbeet into white sugar (OJ L 353,
3.12.1992, p. 21); Regulation aslas t amended by Regulation (EC) No
1713/93 (OJ L 159, 1.7.1993, p. 94).
(4) Commission Regulation (EEC) No 3518/92 of 4 December 1992 laying
down detailed rules for the application of the specific measures for the
Azoresasregardspineapple production (OJ L 355, 5.12.1992, p. 21); Regu-
lation aslas t amended by Regulation (EC) No 1445/93.
(5) Commission Regulation (EC) No 1524/98 of 16 July 1998 laying down
detailed rules for the application of the specific measures adopted in respect
of fruit and vegetables, plants and flowers for the benefit of the French over-
seas departments (OJ L 201, 17.7.1998, p. 29); Regulation as last amended
by Regulation (EC) No 21/2002 (OJ L 8, 11.1.2002, p. 15).
(6) Commission Regulation (EC) No 2477/2001 of 17 December 2001 on aid
for the transport of sugar cane in the French overseas departments (OJ L
334, 18.12.2001, p. 5).
(7) Commission Regulation (EC) No 396/2002 of 1 March 2002 laying down
detailed rules for the application of the specific measures adopted in respect
of fruit, vegetables, plants and flowers for the benefit of the Canary Islands
(OJ L 61, 2.3.2002, p. 4).
(8) Commission Regulation (EC) No 738/2002 of 29 April 2002 concerning aid
for the processing of sugar cane into sucrose syrup or agricultural rum in the
French overseas departments (OJ L 113, 30.4.2002, p. 13).
(9) Commission Regulation (EC) No 1410/2002 of 1 August 2002 concerning
aid for the processing of sugar cane into sugar syrup or agricultural rum on
Madeira (OJ L 205, 2.8.2002, p. 24).
(10) Commission Regulation (EC) No 1491/2002 of 20 August 2002 laying
down detailed rules for the application of the specific measures for wine
in the outermost regions introduced by Council Regulations (EC) No
1453/2001 and (EC) No 1454/2001 (OJ L 224, 21.8.2002, p. 49); Regula-
tion aslas t amended by Regulation (EC) No 1796/2002 (OJ L 272,
10.10.2002, p. 19).
▼B
engaged in collecting and marketing the essential oils, which
undertake in particular to pay the aid in full to the beneficiaryproducersand meet the control requirements . The quantities
fixed in Article 12(2) and (3) of Regulation (EC) No 1452/2001
are ceilingswhich, according to the es timatescommunicated bythe French authorities, are not expected to be reached in themedium term.
(5)Article 16 of Regulation (EC) No 1452/2001 providesfor aid forthe transport of cane from the fields where it is harvested to the
reception centres. The aid is to be determined on the basis of
distance and other objective criteria relating to transport andmay not exceed half the transport costs per tonne fixed on aflat-rate basis by the French authorities in each department. Theaid is to apply to cane intended for processing into both sugarand rum.
(6)Transport costs vary considerably in the French overseas depart-
ments. Maximum flat-rate aid amounts should therefore be fixed
which comply with an average amount of aid for each depart-ment and which do not exceed half the transport costs pertonne, up to maximum amounts fixed on a flat-rate basis. TheFrench authoritiesare to determine the unit amountsgranted toproducers in the light of objective criteria established by them.
Such amountsmay vary in particular according to the tonnage
transported.
(7)Aid applications must be supported by evidence of transport.Given the specific features of the scheme, France should beallowed to adopt all additional measures necessary for thepurposes of applying it.
(8)Under Article 13 of Regulation (EC) No 1452/2001, firstly a listshould be drawn up of products eligible for the aid, within the
limits of annual quantities established for each category and in
line with the scope for the development of local production andprocessing, and the aid amounts fixed and, secondly, specialdetailed rules should be adopted to ensure that the system ismonitored and that the conditionsfor granting the aid are met,in particular asregardscontractsand the minimum price guaran-
teed to producers. To that end certain provisions of Commission
Regulation (EC) No 449/2001 of 2 March 2001 laying downdetailed rulesfor the application of Council Regulation (EC)No 2201/96 as regards the system of production aid for productsprocessed from fruit and vegetables (
1), aslas t amended by
Regulation (EC) No 1426/2002 (2), should be incorporated into
thisRegulation.
(9)Article 17 of Regulation (EC) No 1452/2001 and Article 18 ofRegulation (EC) No 1453/2001 provide for Community aid tobe granted for the direct processing of sugar cane produced inthe French overseas departments and Madeira into sugar syrup,sucrose syrup or agricultural rum.
(10)Thisaid ispaid on condition that the s ugar-cane producersarepaid a minimum price, up to maximum annual quantitiesfixed
in the abovementioned Articles. The aid is calculated so that
the ratio between the two aid amountstakesaccount of the quan-tities of raw material used. In the interests of clarity the amountsfor rum should be expressed as pure alcohol.
(11)A minimum price should be fixed for sugar cane intended for themanufacture of sugar syrup or rum which takes account of theconsultations held by the competent authorities with sugar-cane
producers and the businesses processing the cane into syrup and
rum.
(12)Article 20 of Regulation (EC) No 1453/2001 providesfor aid tobe granted to purchase rectified concentrated musts and wine2003R0043 — EN — 15.06.2003 — 001.001 — 4
(1) OJ L 64, 6.3.2001, p. 16.
(2) OJ L 206, 3.8.2002, p. 4.
▼B
alcohol for the preparation of Madeira liqueur wine. The
maximum volume of the above productsto be brought toMadeira should be fixed having regard to the methods tradition-
ally used to produce Madeira wine. The amount of the aid
should be fixed taking account of the costs of supply to Madeiraresulting from its geographical situation and the price ofproductsin the Community and on the world market. Experiencehas shown that aid of EUR 12,08/hectolitre is sufficient to
compensate for these additional costs.
(13)Under Articles20 and 31 of Regulation (EC) No 1453/2001 aid
may be granted for the ageing of Madeira liqueur winesandAzores‘verdelho’ wine. The detailed rulesfor granting that aidshould be laid down taking account of the specific features ofthe productsconcerned.
(14)Article 12 of Regulation (EC) No 1452/2001, Article 5 of Regu-lation (EC) No 1453/2001 and Article 9 of Regulation (EC) No1454/2001 provide for the grant of aid for the marketing of theproductsreferred to in thos e Articleson the local marketsof theoutermost regions. The aid must be fixed on a flat-rate basis in
the light of the average value of each of the productsto be deter-
mined, within the limits of annual quantities established for eachproduct category. So that thisprovis ion can be implemented, alist should be drawn up of the products eligible for the aid basedon the supply requirements of the regional markets, the productcategories should be established on the basis of the average
value of the productscovered, a maximum quantity s hould be
fixed for all the outermost regions and detailed rules should belaid down for granting the aid.
(15)Specific ruless hould be laid down for monitoring the quantitiesfixed and ensuring that the conditions set for granting the aid are
met. To that end, the local marketing scheme can be adminis-
tered satisfactorily if arrangements are introduced for approvingoperators in the distribution and catering sectors, local authorityfacilities and food processing who undertake to meet certainrequirements.
(16)Under Article 20 of Regulation (EC) No 1453/2001, aid may be
granted for the shipment of Madeira wine and marketing it on
the Community market. The transitional period during whichthe aid isto be granted s hould be fixed and the detailed rulesfor granting it should be laid down. In view of the scheme'sobjectives, the aid should be granted for a long enough period
to permit commercial outletsand production to be cons olidated.
(17)For the purposes of granting the different aid amounts, a distinc-
tion should be made between the producer organisations referredto in Regulation (EC) No 2200/96 and other producers.
(18)Asregardsthe aid for marketing in the res t of the Communityunder annual contractsasreferred to in Articles5 and 15 of
Regulation (EC) No 1452/2001, Article 6 of Regulation (EC)
No 1453/2001 and Article 10 of Regulation (EC) No 1454/2001, it is necessary to define the nature of the annual contractand specify the base to be used for calculating the amount of aid,fixed at 10 % of the value of the production marketed, free atdestination, and 13 % where Article 15(4) of Regulation (EC)
No 1452/2001, Article 6(4) of Regulation (EC) No 1453/2001
and Article 10(4) of Regulation (EC) No 1454/2001 are applied,respectively. Lastly, arrangements should be made for allocatingthe quantitiesqualifying for aid where the limitsare overrun.
(19)Commission Regulation (EC) No 412/97 of 3 March 1997 laying
down detailed rulesfor the application of Council Regulation
(EC) No 2200/96 asregardsthe recognition of producer organi-sations (
1), aslas t amended by Regulation (EC) No 1120/2003R0043 — EN — 15.06.2003 — 001.001 — 5
(1) OJ L 62, 4.3.1997, p. 16.
▼B
2001 (1), fixesthe minimum number of producersand minimum
volume of marketable production required for creation of aproducer organisation. In the case of France, no distinctions are
provided for to take account of the specific production condi-
tions in the French overseas departments. Such a distinctionshould however be made so that different production situationscan be duly taken into account. To that end, the table in theAnnex to Regulation (EC) No 412/97 should be amended to
include the French overseas departments in the category of
regionsfor which s pecific conditionsare laid down.
(20)General provisions applicable to these measures as a whole,
especially those concerning aid applications, notification, moni-
toring and the consequences of undue payments, should be setout in a separate title.
(21)The coverage of aid applicationsand the documentsto beattached with a view to assessing their justification should bespecified for each aid scheme.
(22)Where aid applications contain obvious errors, they should beadjustable at any time.
(23)The deadlines for submitting and amending aid applications mustbe complied with to enable the national authoritiestoprogramme and subsequently carry out effective checks on thecorrectness of the aid applications. Time limits should thereforebe fixed beyond which late submissions can no longer be
accepted. Moreover, a reduction should be applied to encourage
growers to respect the time limits.
(24)Growerss hould be allowed to withdraw their aid applicationsor
partsthereof at any time provided that the competent authority
hasnot yet informed the grower of any errorscontained in theaid application or announced an on-the-spot check which revealserrorsin the part concerned by the withdrawal.
(25)Compliance with the ruleson aid s chemesmanaged under theintegrated administration and control system should be effec-tively monitored. To thisend, and to achieve a harmonis edlevel of monitoring in all Member States, the criteria and tech-
nical procedures for carrying out administrative and on-the-spot
checks should be set out in detail. Where appropriate, theMember States should strive to combine the various checksunder thisRegulation with thos e provided for under otherCommunity provisions.
(26)The minimum number of growersto undergo on-the-s pot checksunder the various aid schemes should be determined.
(27)The sample for the minimum rate of on-the-spot checks shouldbe drawn partly on the basis of a risk analysis and partly atrandom. The main factorsto be taken into cons ideration for therisk analysis should be specified.
(28)Where significant irregularities are found, the level of the on-the-spot checks should be increased during the current and thefollowing year in order to attain an acceptable level of assurance
that the aid applicationsconcerned are correct.
(29)For on-the-spot checks to be effective, it is important that the
inspectors be informed of the reasons why the growers
concerned have been selected for an on-the-spot check. The
Member States should keep records of such information.
(30)In order to enable the national authoritiesand any competentCommunity authority to follow up on-the-spot checks carriedout, the details of checks should be recorded in an inspectionreport. Growers or their representatives should be given theopportunity to sign the report. However, in the case of remote-sensing checks, the Member States should be allowed to provide2003R0043 — EN — 15.06.2003 — 001.001 — 6
(1) OJ L 153, 8.6.2001, p. 10.
▼B
for this right only in cases where the check reveals irregularities.
Moreover, irrespective of the kind of on-the-spot check carriedout, the grower should receive a copy of the report if irregulari-
tiesare found.
(31)To protect the Community'sfinancial interes tseffectively,adequate measures should be adopted to combat irregularities
and fraud.
(32)Reductions and exclusions should be determined having regardto the principle of proportionality and the special problemsarising in cases of force majeure , exceptional circumstances and
natural disasters. Such reductions and exclusions should begraded according to the gravity of the irregularity committedand should go as far as the total exclusion from one or several
aid schemes for a specified period.
(33)As a general rule, reductions and exclusions should not beapplied where growershave s ubmitted factually correct informa-
tion or can show otherwise that they are not at fault.
(34)Growerswho notify the competent national authoritiesat anytime of incorrect aid applications should not be subject to reduc-tions or exclusions irrespective of the reason for theincorrectness, provided the grower concerned has not beeninformed of the competent authority'sintention to carry out anon-the-spot check and provided the authority has not already
informed the grower of any irregularity in the application. The
same should apply to incorrect data contained in the compu-terised database.
(35)Where variousreductionsare to be applied to the s ame grower,they should be applied independently from each other and indi-vidually. Moreover, the reductionsand exclus ionsprovided forunder thisRegulation s hould be applied without prejudice toadditional penaltiesunder any other provis ionsof Community
or national law.
(36)The administration of small amounts is a burdensome task forthe competent authorities of the Member States. They should
therefore be authorised not to pay amounts of aid that are belowa certain minimum limit and not to request reimbursement ofincorrectly paid amountswhen the s umsinvolved are negligible.
(37)Growerswho are unable to fulfil the obligationsprovided forunder the sectoral rules as a consequence of force majeure or
exceptional circumstances should not lose their entitlement tothe aid. It should be specified which cases, in particular, may
be recognised by the competent authorities as cases of excep-
tional circumstances.
(38)In order to ensure uniform application of the principle of goodfaith throughout the Community, where unduly paid amountsare recovered, the conditionsunder which that principle may beinvoked should be laid down without prejudice to the treatmentof the expenditure concerned in the context of the clearance ofaccountsunder Council Regulation (EC) No 1258/1999 of 17
May 1999 on the financing of the common agricultural
policy (
1).
(39)Asa general rule, the Member Statess hould take any furthermeasures necessary to ensure that this Regulation is properlyimplemented.
(40)Where appropriate, the Commission should be informed of anymeasures taken by the Member States to implement the aidschemes provided for in this Regulation. In order to enable theCommission to monitor effectively, the Member States shouldregularly send it certain statistics on the aid schemes.2003R0043 — EN — 15.06.2003 — 001.001 — 7
(1) OJ L 160, 26.6.1999, p. 103.
▼B
(41)To ensure the application of the new area aid schemes intro-
duced by the Council in certain sectors, the aid schemes
referred to in Article 1(b), (c), (f) and (g) and the aid for localmarketing of bananasother than plantainsproduced in FrenchGuiana and Réunion should apply from 1 January 2002.
(42)To enable operatorsto complete the performance of annual
contractsthey have already concluded, the provis ion governing
the marketing periodsor yearss hould not be applied to currentcontracts.
(43)The measures provided for in this Regulation are in accordancewith the opinion of the joint Management Committee for
Cereals, Fresh Fruit and Vegetables, Processed Fruit and Vegeta-
bles, Wine, Hops, Live Plants, and Sugar,
HAS ADOPTED THIS REGULATION:
TITLE I
AREAAID
CHAPTER I
General arrangements
Article 1
Scope
Thischapter laysdown detailed rulesfor applying the following aid
schemes:
(a) area aid for the cultivation of potatoesfor human cons umption as
provided for in Article 16 of Regulation (EC) No 1453/2001;
(b) area aid for the cultivation of sugar cane as provided for in Article
17 of Regulation (EC) No 1453/2001;
(c) area aid for the cultivation of wicker asprovided for in Article 21
of Regulation (EC) No 1453/2001;
(d) area aid for the cultivation of sugarbeet as provided for in Article
28 of Regulation (EC) No 1453/2001;
(e) aid per hectare for the cultivation of seed potatoes as provided for
in Article 30(1) of Regulation (EC) No 1453/2001;
(f) area aid for the cultivation of chicory asprovided for in Article
30(2) of Regulation (EC) No 1453/2001;
(g) area aid for the cultivation of tea asprovided for in Article 30(4) of
Regulation (EC) No 1453/2001;
(h) area aid for the cultivation of potatoesfor human cons umption as
provided for in Article 14 of Regulation (EC) No 1454/2001.
Article 2
Entitlementtoaid
1. The aid referred to in Article 1 shall be paid each calendar year
for areas:
(a) which have been planted and for which all normal cultivation work
hasbeen carried out;
(b) for which an aid application hasbeen lodged in accordance with
Article 54.
In addition, for the aid referred to in Article 1(d):
— prior to harvesting, sugarbeet producers shall make a declaration to
the competent authoritiesof the areass own,
— the areas eligible for aid shall be at least 0,3 hectare for each
producer,
— the production of beet per hectare may not be less than 25 tonnes,2003R0043 — EN — 15.06.2003 — 001.001 — 8
▼B
— the beet must be delivered for processing before the aid is paid,
— processors must inform the competent authorities of the quantity of
beet delivered by each producer.
2. The aid referred to in Article 1(h) may be paid twice a year for
two harvests on the same land.
Article 3
Reductions
1. Where the area covered by aid applicationsexceedsthe maximum
area fixed, the aid shall be granted to applicant producers in proportionto the areas stated in their applications.
In order to check that the maximum area referred to in Article 14 of
Regulation (EC) No 1454/2001 hasbeen complied with where cultiva-tion aid isgranted twice in a given year for the s ame area, that areashall be multiplied by two.
2. Areas sown to both a perennial and a seasonal crop at the same
time may qualify for aid asreferred to in Article 1 provided theseasonal crop can be cultivated in conditions comparable to those ofareasdedicated to perennial crops .
For the purposes of calculating the area eligible for the aid, only the
area used for the seasonal crop shall be taken into account.
CHAPTER II
Quality wines psr of Madeira, the Azores and the Canary Islands
Article 4
Entitlementtoaid
1. The aid provided for in Article 9 of Regulation (EC) No 1453/
2001 and in Article 13 of Regulation (EC) No 1454/2001 shall be
granted only to areaswhich:
— have been entirely cultivated and harvested and on which all normal
cultivation work hasbeen carried out, and
— the produce from which iscovered by harves t declarationsas
provided for in Commission Regulation (EC) No 1282/2001 (
1).
2. For the purposes of determining the producers to whom the aid is
to be paid:
— the transitional period referred to in Article 9(2) of Regulation (EC)
No 1453/2001 and Article 13(2) of Regulation (EC) No 1454/2001
for payment to individual producerss hall expire on 31 July 2007,
— producer organisations shall be those referred to in Article 39 of
Council Regulation (EC) No 1493/1999 on the common organisa-tion of the market in wine (
2). The Member Statesconcerned s hall
lay down the criteria which producer groupsmus t meet to qualifyfor the aid and shall notify the Commission thereof.
Article 5
Aidapplications
1. Applications for area aid shall be submitted by the person
concerned to the competent authority during the period determined by
the latter and not later than 15 May each year for the following wineyear.
2. Aid applications shall contain at least the following:
(a) the surname, forename and address of the wine-grower, or wine-
growing group or organisation;2003R0043 — EN — 15.06.2003 — 001.001 — 9
(1) OJ L 176, 29.6.2001, p. 14.
(2) OJ L 179, 14.7.1999, p. 1.
▼B
(b) the areascultivated for the production of quality winesps r, in
hectares and ares with the land register reference for those areasor information recognised as equivalent by the body responsible
for checking the areas;
(c) the grape variety used;
(d) an estimate of the production that may be harvested.
Article 6
Paymentoftheaid
After having established the actual harvest and yield for the areas
concerned, the Member State shall pay the aid by 1 April of the wine
year for which the aid isgranted.
TITLE II
PRODUCTIONAID
CHAPTER I
Pineapples
Article 7
Scope
Thischapter laysdown detailed rulesfor applying the production aid
scheme for pineapples provided for in Article 27 of Regulation (EEC)No 1453/2001.
Article 8
Prior declaration
Producers wishing to benefit from the production aid scheme for pine-
applesreferred to in Article 7 s hall make a declaration to the
competent authority designated by Portugal before a date to be deter-
mined by that authority. The date set shall allow time for thenecessary on-the-spot checks.
Declarations shall include at least the following information:
— the references and areas of the parcels, in hectares and ares, identi-
fied in accordance with Articles4 and 5 of Council Regulation(EEC) No 3508/92 (
1), on which the pineapplesare to be grown,
and
— an estimate of the quantities to be produced.
Article 9
Aidapplications
Producers shall submit their aid applications during the following
months:
— January for production harvested in July to December of the
previousyear,
— July for production harvested from January to June of the current
year.
Article 10
Paymentoftheaid
The competent authorities shall take the measures necessary to ensure
that the annual quantitiesfor which the aid isgranted do not exceed thevolume fixed in Article 27 of Regulation (EC) No 1453/2001.2003R0043 — EN — 15.06.2003 — 001.001 — 10
(1) OJ L 355, 5.12.1992, p. 1.
▼B
CHAPTER II
Vanilla and essential oils
Article 11
Scope
Thischapter laysdown detailed rulesfor applying the following aid
schemes:
(a) production aid for green vanilla falling within CN code
ex 0905 00 00 intended for the production of dried (black) vanillaor vanilla extractsasprovided for in Article 12(2) of Regulation(EC) No 1452/2001;
(b) production aid for essential oils of geranium and vetiver falling
within CN codes3301 21 and 3301 26 asprovided for in Article12(3) of Regulation (EC) No 1452/2001.
Article 12
Procedures andtechnicalcharacteristics
The competent authorities shall specify the manufacturing procedures
and define the technical characteristics of green vanilla and essentialoilsof geranium and vetiver qualifying for the aid.
Article 13
Processorsandlocal collection andmarketingbodies
1. The aid referred to in Article 11(a) shall be paid to producers
through processors approved by the competent authorities.
The aid referred to in Article 11(b) shall be paid to producers via local
collection and marketing bodiesapproved by the competent authorities .
2. The competent authorities shall grant approval to processors and
bodies as referred to in paragraph 1 established in the productionregion and possessing plant and equipment suitable for the preparationof dried (black) vanilla or vanilla extracts, or for the collection andmarketing of essential oils, and which fulfil the obligations set out in
Article 14.
Article 14
Obligationsofprocessorsandcollection andmarketingbodies
Approved processors and collection and marketing bodies shall under-
take, in particular:
— to pay producersthe full amount of the aid referred to in Article
12(2) and (3) of Regulation (EC) No 1452/2001 under supply
contractsnot later than one month from the date of payment of the
aid by the competent authority,
— to keep separate accounts for transactions connected with the appli-
cation of thisRegulation,
— to allow any checksor ins pectionsrequired by the competent autho-
ritiesand to notify all information relating to the application of thisRegulation.
Article 15
Reductioncoefficient
Where the quantitiescovered by aid applicationsexceed the permitted
annual quantities, the competent authorities shall set a reduction coeffi-cient to be applied to all applications.2003R0043 — EN — 15.06.2003 — 001.001 — 11
▼B
Article 16
Paymentoftheaid
The national authoritiess hall make payment of the aid conditional
upon the presentation of delivery notes jointly signed by the producerand the approved processors or collection and marketing bodies, as thecase may be.
CHAPTER III
Transport of sugar cane in the French overseas departments
Article 17
1. Aid asprovided for in Article 16 of Regulation (EC) No 1452/
2001 for the transport of sugar cane from the edge of the field whereit is harvested to the reception centres shall be paid on the terms set outin thischapter to producersdelivering their cane directly to receptioncentres.
2. To be eligible for transport aid, the cane must be intended for the
production of sugar or rum.
3. The aid shall be paid for the transport of cane of sound and fair
merchantable quality.
4. ‘Reception centre’ meansthe weighing centre or the factory its elf,
where delivery is direct to the latter, be it a sugar refinery or a distil-lery.
Article 18
1. The transport costs to producers shall be determined on the basis
of the distance between the edge of the field and the reception centreand other objective criteria, including conditionsof acces sto the fieldand the existence of natural handicaps.
2. Without prejudice to paragraph 3, the unit amount of aid fixed for
producerss hall not exceed:
(a) half the transport costs per tonne fixed on a flat-rate basis in accor-
dance with paragraph 1;
(b) the maximum amountsbelow for each department:
— EUR 5,49/tonne for Réunion,
— EUR 5,34/tonne for Guadeloupe,— EUR 3,96/tonne for Martinique,— EUR 3,81/tonne for French Guiana.
3. The aid for cane transport shall be determined by the French
authoritiesin accordance with the following average unit amount foreach department, depending on the quantitiesinvolved:
— EUR 3,2/tonne for Réunion,
— EUR 2,5/tonne for Guadeloupe,— EUR 2,0/tonne for Martinique,— EUR 2,0/tonne for French Guiana.2003R0043 — EN — 15.06.2003 — 001.001 — 12
▼B
TITLE III
PROCESSINGAID
CHAPTER I
Fruit and vegetables
Article 19
Scope
The aid provided for in Article 13 of Regulation (EC) No 1452/2001
shall be paid to processors approved by France under the terms setout in thischapter.
Article 20
Entitlementtoaid
1. The aid shall be paid for processing the fruit and vegetables,
harvested in the French overseas departments, listed in column II ofpart A of Annex I for which processors have paid a price at least equalto the minimum price under processing contracts covering the manu-
facture of one of the productslis ted in part B of Annex I.
2. The aid shall be paid up to the annual quantities fixed in column
III of part A of Annex I for each of the three product categoriesA, Band C.
3. The amountsof aid applicable to each product category s hall be
ass et out in column IV of part A of Annex I.
Article 21
Approvalofprocessors
1. Processors wishing to qualify for the aid shall submit an applica-
tion for approval to the office designated by the competent authorities,by a date to be set by those authorities, giving all the informationrequired by France for administering and monitoring the aid scheme.
2. The competent authoritiess hall grant approval, upon application,
to processors or legally constituted associations or groups of processors
which, in particular:
(a) possess equipment suitable for processing fruit and vegetables; and
(b) undertake in writing:
— to keep separate accounts relating to performance of the
contractsreferred to in Article 22, and
— to provide the competent authorities, at the request of the latter,
with all supporting documentation relating to performance ofthe contractsand fulfilment of the commitmentsentered intounder thisRegulation.
Article 22
Processingcontracts
1. The contractsreferred to in Article 13(1) of Regulation (EC) No
1452/2001, hereinafter called ‘processing contracts’, shall be concluded
in writing before the beginning of each marketing year. They shall take
one of the following forms:
(a) a contract between an individual producer or a producer organisa-
tion recognised under Regulation (EC) No 2200/96, on the onehand, and a processor or an association or group of processors
approved by the national authorities, on the other;
(b) an undertaking to deliver supplies, where the producer organisation
referred to in (a) acts as processor.2003R0043 — EN — 15.06.2003 — 001.001 — 13
▼B
2. Contracts shall each cover a calendar year and the same two
contracting partiesmay not conclude more than one contract per yearbetween themselves.
3. Processing contracts shall specify, in particular:
(a) the business names of the parties to the contract;
(b) a precise description of the product(s) covered by the contract;
(c) the quantitiesof raw materialsto be s upplied;
(d) the timetable for deliveries to the processor;
(e) the price to be paid for the raw materials, excluding in particular
costs connected with packing, transport and the payment of fiscalcharges, which shall, where applicable, be indicated separately.The price shall not be lower than the minimum price referred toin the second subparagraph of Article 13(1) of Regulation (EC)
No 1452/2002;
(f) the finished products to be produced.
4. On termslaid down for each product by the competent authori-
ties, the contracting parties may decide, by means of a written
amendment, to increase the quantities originally stipulated in the
contract by no more than 30 %.
5. Where producer organisations also act as processors, the proces-
sing contracts covering their own production shall be deemed to have
been concluded after the following particularshave been forwarded tothe competent authority within the time limit laid down in paragraph 6:
(a) the total area on which the raw material isgrown, together with
land register reference numbers or a reference recognised asequivalent by the inspection body;
(b) an estimate of the total harvest;
(c) the quantity intended for processing;
(d) the forecast processing schedule.
6. The processor or association of processors shall forward a copy of
each processing contract and any amendments thereto to the competentauthorities within the deadline fixed by those authorities.
Article 23
Paymentoftheminimumprice
1. Without prejudice to cases covered by Article 22(1)(b), proces-
sors shall pay the price of the raw materials to the producerorganisation or individual producer exclusively by bank or post officetransfer order.
Producer organisations shall pay producers the full amount referred to
in the first subparagraph within 15 working days of receipt, by bank orpost office transfer order. In cases as referred to in Article 22(1)(b),payment may be made by opening a credit. France shall adopt themeasures necessary to check compliance with this paragraph and shall
provide in particular for penalties to be imposed on the administrators
of the producer organisation according to the seriousness of any failureto comply.
2. France may adopt additional provisions relating to processing
contracts, covering in particular time limits, terms and methods ofpayment of the minimum price and damages payable by processors,producer organisations or producers where they do not fulfil their obli-gationsunder contracts .
Article 24
Qualityofproducts
Without prejudice to any minimum quality criteria laid down or to be
laid down in accordance with the procedure provided for in Article 46of Regulation (EC) No 2200/96, raw materials delivered to processors2003R0043 — EN — 15.06.2003 — 001.001 — 14
▼B
under processing contracts shall be of sound and fair merchantable
quality and suitable for processing.
Article 25
Aidapplications
1. Processors shall submit two aid applications for each marketing
year to the body designated by France:
(a) the first relating to products processed from 1 January to 31 May;
(b) the second relating to products processed from 1 June to 31
December.
2. Aid applicationss hall indicate in particular the net weight of the
raw materials used and of the finished products obtained, described inaccordance with parts A and B of Annex I respectively. They shall beaccompanied by copies of the transfer orders provided for in the firstsubparagraph of Article 23(1). In the case of undertakings to deliver
supplies, such copies may be replaced by a declaration by the producer
to the effect that the processor has paid a price at least equal to theminimum price. Such copiesor declarationss hall quote the referencesof the relevant contracts.
Article 26
Reductioncoefficient
1. Where the information referred to in Article 22(6) indicatesthat
the quantity set for a category of products shown in column III ofpart A of Annex I islikely to be exceeded, the competent authoritiesshall set a provisional reduction coefficient to be applied to all aid
applicationsfor that category s ubmitted under Article 25(1)(a). The
coefficient, which shall be the ratio between the quantities referred toin column III of part A of Annex I and those set by contract plus anyadditional quantitiesagreed, s hall be calculated not later than 31March.
2. Where paragraph 1 isapplied, at the end of the marketing year
the competent authorities shall establish the definitive reduction coeffi-cient to be applied to all aid applicationsfor the category of productsconcerned submitted under Article 25(1)(a) and (b).
Article 27
Recordkeeping
1. Processors shall keep records showing at least the following:
(a) consignments of raw materials purchased and entering their
premises each day which are covered by processing contracts or
amendmentsthereto, together with the numbersof any receipts
issued for such consignments;
(b) the weight of each consignment brought into their premises and the
name and address of the other party to the contract;
(c) the quantities of finished products obtained each day from proces-
sing the raw materials on which the aid is payable;
(d) the quantities and prices of products leaving the processor's
premises, consignment by consignment, with details of the
consignee. Such data may be recorded by reference to supporting
documents, provided the latter contain the above particulars.
2. Processors shall retain proof of payment for all raw materials
purchased under processing contracts or amendments thereto.
3. Processors shall undergo any inspections or checks deemed neces-
sary and shall keep such additional records as the competent authoritiesrequire to conduct any checks that they deem necessary. Where aninspection or check cannot be conducted for reasons attributable to theprocessor, despite the latter having been formally notified thereof, noaid shall be paid for the marketing years concerned.2003R0043 — EN — 15.06.2003 — 001.001 — 15
▼B
CHAPTER II
Sugar
Section I
Sugarcane
Article 28
Scope
Thischapter laysdown detailed rulesfor applying the following aid
schemes:
(a) Community aid for the direct processing of sugar cane into sucrose
syrup or agricultural rum as provided for in Article 17 of Regula-
tion (EC) No 1452/2001;
(b) aid for the direct processing of sugar cane into sugar syrup or agri-
cultural rum asprovided for in Article 18 of Regulation (EC) No1453/2001.
Article 29
Paymentoftheaid
1. The aid referred to in Article 28 shall be paid, as the case may
be:
(a) to any sucrose syrup manufacturer or distiller:
— whose plant is located in one of the French overseas depart-
ments, and
— who produces directly from cane harvested in the same French
overseas department:
(i) sucrose syrup of less than 75 % purity used in the manufac-
ture of aperitifs; or
(ii) agricultural rum asdefined in Article 1(4)(a)(2) of Council
Regulation (EEC) No 1576/89 (
1);
(b) to any sugar syrup manufacturer or distiller whose facilities are
located on the territory of Madeira and who directly processes
cane harvested on Madeira.
2. Aid shall be paid out each year for the quantities of sugar cane
processed directly into sugar syrup, sucrose syrup or agricultural rumfor which the syrup manufacturer or distiller shows proof that thesugar-cane producers concerned have been paid the minimum pricereferred to in Article 30.
3. The amount of the processing aid is hereby fixed as follows:
(a) for the aid referred to in Article 28(a),
— at EUR 9,0 per 100 kilograms of sugar expressed as white
sugar, for sucrose syrup,
— at EUR 64,22 per hectolitre of pure alcohol produced, for agri-
cultural rum;
(b) for the aid referred to in Article 28(b),
— at EUR 53 per 100 kilograms of sugar expressed as white sugar,
for sugar syrup,
— at EUR 90 per hectolitre of pure alcohol produced, for agricul-
tural rum.2003R0043 — EN — 15.06.2003 — 001.001 — 16
(1) OJ L 160, 12.6.1989, p. 1.
▼B
Article 30
Minimumprice forsugarcane
1. The minimum prices referred to in the second subparagraph of
Article 17(1) of Regulation (EC) No 1452/2001 and in the secondsubparagraph of Article 18(1) of Regulation (EC) No 1453/2001 arehereby fixed asfollows :
— Réunion: EUR 51,01 per tonne of cane,
— Martinique: EUR 45,16 per tonne of cane,
— Guadeloupe and French Guiana: EUR 55,95 per tonne of cane,
— Madeira: EUR 78,9 per tonne of cane.
The minimum price shall apply to cane of sound and fair merchantable
quality and of standard sugar content. The delivery stage of the sugarcane shall be free at factory gate.
2. The standard sugar content and the scale of increases and reduc-
tionsto be applied to the minimum price when the s ugar content of thecane differs from the standard sugar content shall be adopted by thecompetent authority on the proposal of a joint committee of distillersor syrup manufacturers and the sugar-cane producers.
Article 31
Minimumprice
1. Proof that the minimum price hasbeen paid to the s ugar-cane
producer shall be established by a certificate drawn up on normal paper
by the syrup manufacturer or distiller. The certificate shall show:
(a) the name of the syrup manufacturer or distiller;
(b) the name of the sugar-cane producer;
(c) the total quantitiesof s ugar cane for which the minimum price
fixed for the calendar year concerned hasbeen paid and whichhave been delivered to the syrup factory or distillery by theproducer concerned during that calendar year;
(d) the quantity of product for which the minimum price hasbeen paid.
2. The certificate shall be signed by the sugar-cane producer and the
syrup manufacturer or distiller.
3. The manufacturer or distiller shall keep the original of the certifi-
cate. A copy shall be given to the sugar-cane producer.
Article 32
Reductioncoefficient
1. When the sum of the quantities covered by aid applications in a
given calendar year isgreater than the annual quantitiesreferred to in
Article 17(2) of Regulation (EC) No 1452/2001 and in Article 18(2) ofRegulation (EC) No 1453/2001, a standard reduction coefficient shallbe applied to each application for the product concerned.
However, France may allocate the quantity of rum referred to in para-
graph 1 by department on the basis of the average quantity ofagricultural rum sold by each department in the years 1997 to 2001. Ifthe quantitiescovered by aid applicationsexceed the overall quantities ,
the reduction coefficientsmay be differentiated by department.
2. Aid applications shall be submitted to the competent authorities
designated by France or Portugal, as the case may be.2003R0043 — EN — 15.06.2003 — 001.001 — 17
▼B
Section II
Beetsugar
Article 33
Thischapter laysdown detailed rulesfor applying the aid for the
processing into white sugar of sugarbeet harvested in the Azoresprovided for in Article 28(2) of Regulation (EC) No 1453/2001.
Article 34
1. Processing undertakings shall submit their applications in writing
to the competent authorities. Applications shall indicate the quantity ofwhite sugar produced from sugarbeet harvested in the Azores and shallbe accompanied by:
(a) proof of purchase of the sugarbeet from each producer who has
delivered the sugarbeet that has been processed; and
(b) a written undertaking not to refine raw sugar during the period
when sugarbeet is being processed into white sugar.
2. The aid referred to in paragraph 1 shall be paid only after it has
been established that white sugar has been produced from the sugarbeetharvested in the Azores.
Article 35
Portugal shall take all the measures necessary to ensure that the aid is
granted only up to the maximum referred to in Article 28 of Regulation(EC) No 1453/2001.
CHAPTER III
Wine
Section I
Aidforthepurchaseofrectifiedconcentratedmustsand
winealcoholinMadeira
Article 36
1. Producers established in the Madeira island group wishing to
qualify for aid for the purchase of rectified concentrated musts for usein wine-making to sweeten Madeira liqueur wines, or aid for thepurchase of wine alcohol, under Article 20(2) and (3) of Regulation(EC) No 1453/2001, shall submit to the competent body, by a date
specified by the latter, which may not be later than 31 October, an
application containing at least the following:
— a copy of the contract for the purchase of rectified concentrated
musts or wine alcohol elsewhere in the Community,
— the quantity of rectified concentrated musts or wine alcohol for
which aid is requested, expressed in hectolitres and in % vol,
— the date of taking over of the musts or wine alcohol,
— the date set for the start of the operations to prepare liqueur wines,
and the place at which these operations are to be carried out.
2. The aid ishereby fixed at EUR 12,08 per hectolitre.
3. The aid shall be paid for the purchase of a maximum quantity of
3 600 hectolitresof rectified concentrated mus tsand a maximum quan-
tity of 8 000 hectolitresof wine alcohol in each marketing year.
Article 37
1. The competent body shall take all necessary steps to verify the
accuracy of the applicationsand check that the rectified concentratedmusts and the wine alcohol covered by the aid applications are actuallyused in the proper way.2003R0043 — EN — 15.06.2003 — 001.001 — 18
▼B
2. The competent body shall pay the aid to the producer before the
end of the wine year concerned, without prejudice to any delayscaus edby further checks.
Section II
Aid for the ageing of Madeira liqueur wines and Azores
wine
Article 38
1. Aid for the ageing of Madeira liqueur winesand Azores
‘verdelho’ wine, asprovided for in Article 20(5) and Article 31 ofRegulation (EC) No 1453/2001, shall be paid for all quantities of
wine placed in storage for the purpose of ageing on the same date and
aged for an uninterrupted period of at least five years in the case ofMadeira and three years in the case of the Azores.
2. Aid for the ageing of Madeira liqueur wine and Azoreswine s hall
be granted to producers in those regions who submit an application tothe competent body during the period laid down by the competent
authorities of the Member State. That period shall be laid down so as
to allow time for the necessary on-the-spot checks to be made.
3. The aid shall be granted by priority for wine from the most recent
harvest. Applications for wines produced during previous marketingyearss hall be accepted where the maximum quantitieslaid down inRegulation (EC) No 1453/2001 are not reached, with priority beinggiven to the youngest wines.
4. Where the overall quantity covered by applicationsexceedsthe
maximum quantitieslaid down in Regulation (EC) No 1453/2001, areduction coefficient shall be applied. The total quantity of productfor which a producer submits an aid application may not exceed that
covered for the marketing year in question by a production declaration
asprovided for in Regulation (EC) No 1282/2001.
5. The Portuguese authorities shall make known to the Commission:
— the overall quantitiesfor which contractshave been concluded each
year,
— the detailed rulesfor applying thisparagraph.
6. Operators wishing to qualify for the aid scheme shall conclude
with the competent body an ageing contract for no less than five yearsin the case of Madeira and three years in the case of the Azores.
7. Contracts shall be concluded on the basis of an aid application
submitted once only at the start of the period referred to above. Appli-cations shall contain at least the following:
(a) the name and address of the applicant producer;
(b) the number of batchescovered by the ageing contract and precis e
particularsof each batch (in particular the tank number, the quan-
tity stored, and the exact location);
(c) for each batch, the harvest year, the technical characteristics of the
liqueur wine concerned and, in particular, itstotal alcoholicstrength, actual alcoholic strength, sugar content, total acidity andvolatile acidity;
(d) for each batch, the type of container;
(e) for each batch, the first and last day of the storage period.
8. Correct performance of the ageing contract shall confer entitle-
ment to payment of the overall amount of the aid determined when
the contract is signed. In Madeira, one third of the aid shall be paid in
the first, third and fifth years of storage. In the Azores, one third of theaid shall be paid in each storage year.
9. Acceptance of the contract shall be subject to the lodging of a
performance guarantee corresponding to 40 % of the overall amount2003R0043 — EN — 15.06.2003 — 001.001 — 19
▼M1
▼B
▼B
of the aid covering the contract period. The guarantee shall be lodged
in accordance with Commission Regulation (EEC) No 2220/85 of 22July 1985 laying down common detailed rulesfor the application of
the system of securities for agricultural products (
1).
10. The competent body shall ensure that the terms of the ageing
contract are observed by checking the producers' records and carrying
out on-the-spot inspections.
11. Performance guarantees shall be released when it is established
that the contract hasbeen properly performed.
12. Where the competent body findsthat the liqueur wine covered
by a contract is unsuitable for offering for sale or using for directhuman consumption, it shall terminate the contract. Except in cases offorce majeure , termination of the contract shall entail the recovery of
aid amountspaid and forfeiture of the performance guarantee. The
circumstances of force majeure relied upon shall be notified to the
competent body within three working daysfollowing the date on whichthey occur.
TITLE IV
CHAPTER I
Local marketing
Article 39
Scope
Thischapter laysdown detailed rulesfor applying the aid granted for
fruit, vegetables, flowers and live plants harvested or produced locallyand intended to supply the markets of the respective productionregions, as provided for in Article 12(1) of Regulation (EC) No 1452/2001, Article 5(1) of Regulation (EC) No 1453/2001 and Article 9(1)
of Regulation (EC) No 1454/2001.
Article 40
Entitlementtoaid
1. The lists of the products qualifying for the aid referred to in
Article 39, classified by category, shall be as fixed in column II ofAnnexes II, III, IV and V for the French overseas departments, theAzores, Madeira and the Canary Islands, respectively.
2. The products shall be covered by supply contracts as referred to
in Article 41 and comply with the standards established in accordancewith Title I of Regulation (EC) No 2200/96 asregardsfruit and vege-tables or, where no such standards have been adopted, the quality
specifications contained in the contracts.
3. The aid shall be granted up to the annual quantities for each
product category set out in column III of Annexes II, III, IV and V.
4. The aid amountsapplicable for each product category s hall be as
fixed in columnsIV and V of AnnexesII, III, IV and V. The amountsshown in column V shall apply to producer organisations recognised inaccordance with Articles11 and 14 of Regulation (EC) No 2200/96.The amounts shown in column IV shall apply to other producers.
5. Where the supply requirements of the French overseas depart-
mentsfor one or more productss o require, the competent authoritiesshall grant the aid for the supply to a department other than the depart-ment in which the product isharves ted.2003R0043 — EN — 15.06.2003 — 001.001 — 20
(1) OJ L 205, 3.8.1985, p. 5.
▼B
Article 41
Supplycontracts
1. Supply contractss hall be concluded between individual produ-
cers, producer groups or producer organisations on the one hand andapproved operatorsasreferred to in Article 42 on the other hand.
Contractss hall include in particular:
(a) the business names of the parties to the contract;
(b) a precise description of the products covered;
(c) the total quantity to be supplied and the forecast delivery schedule;
(d) the referencesand areasof the parcelson which the productsare
grown and the names and addresses of each grower concerned;
(e) the duration of the undertaking;
(f) the packaging and presentation method and information relating to
transport (conditions and costs);
(g) the exact delivery stage.
2. Contractors may increase the quantity initially specified in the
contract by no more than 30 %, by meansof an amendment in writingto the contract.
3. Contracts and amendments thereto shall be signed before the start
of the deliveriesconcerned and before a deadline s et by the competentauthorities, which may differ for each product.
4. The competent authoritiesmay adopt additional provis ions
concerning contracts, in particular regarding compensation in the eventof failure to observe contractual obligations or to fix a minimum quan-
tity for each contract. Where administration of the aid scheme so
requires, the competent authorities may specify marketing periods oryearsother than thos e referred to in Article 53 for each product.
Article 42
Approvedoperators
1. Economic operatorsin the wholes ale or retail food trade or in
catering, local authoritiesand, in the Azores , Madeira and the CanaryIslands, food processors, wishing to participate in the aid scheme shallsubmit applications for approval to the body designated by the compe-
tent authorities before a date set by the latter. That body shall lay down
the conditions for approval and shall publish each year a list ofapproved operators, not less than one month before the deadline forthe signing of contracts.
2. The approved operatorss hall give an undertaking to:
(a) market or, in the case of the Azores, Madeira and the Canary
Islands, process the products covered by the supply contracts exclu-sively in the production region;
(b) keep separate accounts covering the performance of the supply
contracts;
(c) provide the competent authorities, at the request of the latter, with
all supporting documentation concerning the performance of the
contractsand fulfilment of the undertakingsmade under thisRegu-
lation.
Article 43
Declarations
Individual producers, producer groups and producer organisations
wishing to qualify under the aid scheme shall send a declarationtogether with a copy of the contract referred to in Article 41 to thedepartment designated by the competent authorities before a date setby the latter.2003R0043 — EN — 15.06.2003 — 001.001 — 21
▼B
Article 44
Reductioncoefficient
1. Where the documentsreferred to in Article 43 indicate that the
quantitiesprovided for in Article 40(3) are likely to be exceeded, thecompetent authorities shall fix a provisional reduction coefficient tobe applied to all aid applicationsconcerning the category concernedand shall inform the interested parties thereof. The coefficient, which
shall be the ratio between the quantities shown in column III of
AnnexesII, III, IV and V and the quantitiescovered by the contractsand any amending clauses, shall be set before any decision is taken togrant the aid and at the latest one month after the deadline referred toin Article 41(3).
2. Where paragraph 1 isapplied, at the end of the marketing year
the competent authorities shall establish the definitive reduction coeffi-cient to be applied to all aid applicationscovering the product category
concerned submitted during the marketing year.
CHAPTER II
Marketing outside the production region
Section I
Rice,fruit,vegetables,plantsandflowersandpotatoes
Article 45
Scope
Thiss ection laysdown detailed rulesfor applying the following aid
schemes:
(a) the aid referred to in Article 5 of Regulation (EC) No 1452/2001;
(b) the aid referred to in Article 15 of Regulation (EC) No 1452/2001;
(c) the aid referred to in Article 6 of Regulation (EC) No 1453/2001;
(d) the aid referred to in Article 30(3) of Regulation (EC) No 1453/
2001;
(e) the aid referred to in Article 10 of Regulation (EC) No 1454/2001.
Article 46
Annualcontracts
1. ‘Annual contract’ shall mean a contract by which an operator,
either a natural person or a legal entity established elsewhere in the
Community, outside the outermost region of production, undertakes,
before the beginning of the marketing period for the product orproductsconcerned, to purchas e all or part of the production of an indi-vidual producer, a member of a producer group or a producerorganisation in the outermost regions, with a view to marketing it
outside the production region.
2. Operators who intend to submit an application for aid shall send
the annual contract to the competent French, Portuguese or Spanish
authorities, as the case may be, before the start of the marketing period
for the product or productsconcerned.
Contracts shall include at least the following information:
(a) the business names of the contracting parties and their places of
establishment;
(b) a precise description of the products covered;
(c) the total quantity to be supplied and the forecast delivery schedule;
(d) the referencesand areasof the parcelson which the productsare
grown and the names and addresses of each grower concerned;
(e) the duration of the undertaking;2003R0043 — EN — 15.06.2003 — 001.001 — 22
▼B
(f) the packaging and presentation method and information relating to
transport (conditions and costs);
(g) the exact delivery stage.
Contractors may increase the quantity initially specified in the contract
by no more than 30 %, by meansof an amendment in writing to thecontract.
3. The competent authorities shall assess the contracts for compli-
ance with the relevant provisions referred to in Article 45 and withthis section. They shall verify that the contracts contain all the informa-
tion specified in paragraph 2. They shall inform the operator whether
Article 48 islikely to be applied.
4. For the purpose of calculating the aid, the value of marketed
production, delivered to destination zone, shall be evaluated on thebasis of the annual contract, the particular transport documents andany other supporting documents submitted to justify the applicationfor payment. The value of the marketed production to be taken into
account shall be that of a delivery to the first port or airport of
unloading. The competent authoritiesmay reques t any information oradditional supporting documentation appropriate for calculating the aid.
5. Applications for aid shall be submitted by the buyer or, in cases
asreferred to in Article 6 of Regulation (EC) No 1453/2001, by theseller who has signed an undertaking to market the product. Where
administration of the aid scheme so requires, the competent authorities
may specify marketing periods or years other than those referred to inArticle 53 for each product.
Article 47
MarketingflowersandplantsproducedintheAzoresandMadeira1. For the purposes of Article 6 of Regulation (EC) No 1453/2001
asregardsmarketing flowersand plantsproduced in the AzoresandMadeira elsewhere in the Community, individual producers, producergroupsand producer organis ationsasreferred to in Articles11, 13and 14 of Regulation (EC) No 2200/96 wishing to participate in the
aid scheme shall submit their applications to the body designated by
the competent Portuguese authorities before a date to be determinedby the latter.
That body shall lay down the conditions for approval and shall publish
each year a list of approved individual producers, producer groups orproducer organisations, at least one month before the beginning of themarketing period.
2. Individual producers, producer groups and producer organisations
as referred to above wishing to qualify under the aid scheme shall send
a declaration to the office designated by the competent authoritiesbefore the beginning of the marketing period of the productsconcerned, undertaking in particular:
(a) to market the flowersand plantsonly els ewhere in the Community;
(b) to notify the namesof the contracting firmsor intermediariesand
their place of establishment;
(c) to indicate, in particular:
— the plantsand flowersto be marketed,
— the referencesand areasof the parcels , identified in accordance
with Articles4 and 5 of Regulation (EEC) No 3508/92, on
which the productsconcerned are grown and, in the cas e of
producer organisations, the names and addresses of each growerconcerned; the parcel referencesneed not be notified in the cas eof dried flowersfalling within CN code 0603 90 00;
(d) to indicate the packaging and presentation method and information
relating to transport (conditions and costs) and the exact deliverystage;
(e) to keep separate accounts covering the conduct of the sales referred
to in thisArticle;2003R0043 — EN — 15.06.2003 — 001.001 — 23
▼B
(f) to provide the competent Portuguese authorities, at the request of
the latter, with all supporting documentation concerning theconduct of the sales referred to in this article and fulfilment of the
undertakingsmade under thisRegulation.
3. For the purpose of calculating the aid, the value of marketed
production, delivered to destination zone, shall be evaluated on thebasis of the particular transport documents and any other supportingdocuments submitted to justify the application for payment. The value
of the marketed production to be taken into account shall be that of a
delivery to the first port or airport of unloading. The competent autho-rities may request any information or additional supportingdocumentation appropriate for calculating the aid.
4. Aid applications shall be submitted by individual producers,
producer groupsor producer organis ationsasreferred to in Articles
11, 13 and 14 of Regulation (EC) No 2200/96 who have undertaken
to market the product. Where administration of the aid scheme sorequires, the competent authorities may specify marketing periods oryearsother than thos e referred to in Article 53 for each product.
Article 48
Reductioncoefficient
1. Where the quantitiescovered by aid applicationsfor a given
product exceed the volume laid down in Article 15(1) of Regulation
(EC) No 1452/2001 or, in the case of melons falling within CN codeex 0807 10 90 and pineapplesfalling within CN code 0804 30 00, thelimit laid down in paragraph 6 of that Article or the limitslaid down inArticle 10(2) of Regulation (EC) No 1454/2001, the competent autho-
rities shall determine a standard percentage reduction to be applied to
all aid applications.
2. For rice from French Guiana:
(a) if necessary, the competent French authorities shall fix a standard
reduction coefficient to be applied to the applicationsconcerned toensure that the quantity for which aid is granted each year,
expressed in terms of milled rice equivalent, does not exceed
12 000 tonnesfor all quantitiescovered by applicationsand, withinthat ceiling, that the quantities disposed of elsewhere in theCommunity outside Guadeloupe and Martinique do not exceed4 000 tonnes;
(b) the standard reduction coefficient shall be calculated as follows:
(i) where the total quantity covered by aid applicationsisles s
than 12 000 tonnes but the quantity of rice disposed of or
marketed elsewhere in the Community outside Guadeloupeand Martinique exceedsthe maximum volume of 4 000 tonnes ,the coefficient i obtained from the following formula shall beapplied to the latter quantitiesonly:
i¼
4000
x
where:
x = the quantity of rice from French Guiana actually
disposed of and marketed elsewhere in the Community
outside Martinique and Guadeloupe;
(ii) where the total quantity covered by aid applicationsexceeds
12 000 tonnes but the quantity of rice disposed of or marketedelsewhere in the Community outside Guadeloupe and Marti-nique is less the maximum volume of 4 000 tonnes, thecoefficient j obtained from the following formula shall beapplied to all quantities:2003R0043 — EN — 15.06.2003 — 001.001 — 24
▼B
j¼12000
y
where:
y = the total quantity of rice from French Guiana covered by
aid applications;
(iii) where the total quantity covered by aid applicationsexceeds
12 000 tonnes and the quantity of rice disposed of or marketedelsewhere in the Community outside Guadeloupe and Marti-
nique exceedsthe maximum volume of 4 000 tonnes , the
coefficient z obtained from the following formula shall beapplied:
z¼
12000
i/C2xðÞ þ k
where:
x = the quantity of rice from French Guiana actually
disposed of and marketed elsewhere in the Communityoutside Martinique and Guadeloupe;
i = the reduction coefficient to be applied to aid applications
for the quantity of rice from French Guiana actuallydisposed of and marketed elsewhere in the Community
other than in Martinique and Guadeloupe referred to at
(i),
k = the quantity of rice from French Guiana actually
disposed of and marketed in Martinique and Guade-loupe.
The competent French authoritiess hall immediately notify the
Commission when this paragraph is applied, and of the quantities
involved;
(c) aid shall be paid for quantities actually disposed of and marketed
under an annual contract or contractsin accordance with the applic-able provisions;
(d) for the purposes of this Article, the coefficient for the processing
of:
— paddy rice into wholly-milled rice isfixed at 0,45,
— husked rice into wholly-milled rice is fixed at 0,69,
— semi-milled rice into wholly-milled rice is fixed at 0,93.
Article 49
Jointventures
The increase in aid provided for in Article 15(4) of Regulation (EC)
No 1452/2001, Article 6(4) of Regulation (EC) No 1453/2001 andArticle 10(4) of Regulation (EC) No 1454/2001 shall be paid on
presentation of proof of the commitments entered into by the partners
for a period of not less than three years to pool the knowledge andknow-how required to achieve the objective of the joint venture. Thesecommitments shall include a clause prohibiting cancellation of thecontract before the end of the aforementioned three-year period.
Where the aforementioned commitmentsare broken, the operator may
not submit an application for aid for the marketing year concerned.
Article 50
Reconsignmentandre-export ofrice
1. Productsreceiving aid under Article 5 of Regulation (EC) No
1452/2001 may not be exported; in addition, products disposed of andmarketed in Guadeloupe and Martinique may not be reconsigned to therest of the Community.2003R0043 — EN — 15.06.2003 — 001.001 — 25
▼B
Products disposed of and marketed elsewhere in the Community on
which the aid referred to in the first subparagraph has been paid maynot be reconsigned to Guadeloupe, Martinique or French Guiana.
2. The competent authorities shall take all the necessary monitoring
measures to ensure compliance with paragraph 1. Such measures shallinclude, in particular, unannounced physical checks. The Member Stateconcerned shall notify the Commission of the measures taken to thiseffect.
Section II
Madeirawine
Article 51
1. The aid referred to in Article 20(6) of Regulation (EC) No 1453/
2001 shall be granted up to and including the end of the 2005/06 wineyear.
2. Where the aid is applied for in respect of containers of less than
one litre, a reduction coefficient shall be applied to take account of the
volume of the bottle.
3. The aid shall be paid to shippers who submit an application to the
competent body for each lot for the period laid down by that body.
4. Applications shall contain at least the following:
— a copy of section 3 of the accompanying administrative document
(AAD), duly completed, with particularsof the cons ignor and the
consignee (name, address, country), the volume of wine dispatched
in litre equivalent, the customs code description, the stamp of theMadeira Wine Institute certifying the product and the stamp of theMadeira customs authorities certifying that the product has left theterritory,
— a copy of the invoice from the carrier/shipping agent showing the
final destination or the marine bill of lading,
— a copy of the invoice to the buyer showing the volume in litre
equivalent, which must correspond to that shown on the AAD.
TITLE V
STUDIES
Article 52
1. The contract to carry out the studies referred to in Article 7 of
Regulation (EC) No 1453/2001 and in Article 11 of Regulation (EC)
No 1454/2001 shall be awarded by invitation to tender on the responsi-
bility of the competent authorities.
2. The draft invitation to tender, including the specifications, shall
be sent to the Commission by the competent authorities. The Commis-sion shall make known its observations, if any, within a period of onemonth following the date of receipt of the draft.
3. The competent authorities shall forward the final study to the
Commission, which shall make any comments known within 45 days
following receipt of the study.
4. The Community's financial contribution shall be paid subject to:
— compliance with Article 7 of Regulation (EC) No 1453/2001 or
Article 11 of Regulation (EC) No 1454/2001, the specificationsand any observations made,
— payment of the contribution from the Spanish or Portuguese public
authorities.2003R0043 — EN — 15.06.2003 — 001.001 — 26
▼B
TITLE VI
GENERALANDFINALPROVISIONS
CHAPTER I
Aid applications
Article 53
Marketingyears
Marketing yearss hall run from 1 January to 31 December, except for
wine.
Article 54
Submissionofapplicationsandpaymentofaid
1. Without prejudice to Articles5, 25, 34 and 36, aid applications
shall be submitted to the office designated by the competent authorities
of the Member State in accordance with the models established by the
latter and within the periodsthey have laid down. For the aid coveredby Title I, those periods shall be fixed so as to allow time for thenecessary on-the-spot checks.
2. Each aid application shall include at least the following informa-
tion:
(a) the surname, forenames and address of the applicant;
(b) for the aid covered by Title I, the areascultivated in hectaresand
in ares, identified in accordance with Articles 4 and 5 of Regula-tion (EEC) No 3508/92;
(c) for the aid covered by Chapter I of Title II, the quantity of pineap-
plesharves ted and the quantity covered by the aid application;
(d) for the aid covered by Chapter III of Title II, applicationss hall be
accompanied by cane delivery notesdrawn up by the competent
bodies or the processing enterprises designated by France for eachdepartment;
(e) for the aid covered by Chapter II of Title II, Chapter I of Title III
and ChaptersI and II of Title IV, applicationss hall be accompa-nied by grouped or individual invoicesand all other s upportingdocumentsrelating to the operationscarried out, in particular the
references of delivery contracts, processing contracts or annual
contracts.
3. Without prejudice to Articles6 and 9, after verifying the aid
applications and the relevant supporting documents, the competent
authoritiess hall pay the aid calculated in accordance with thisRegula-
tion►
C1within four months ◄following the end of the period for
lodging applications.
Where more than one harvest is possible during the course of a
calendar year in the context of the cropscovered by Chapter I of Title
I, the deadline fixed in the first subparagraph shall start to run from theend of the period for submitting aid applications for the last harvest ofthe year concerned.
4. The Member Statesmay adopt additional rulesregarding how
producer organisations are to pay the aid covered by Title IV to theirmembers.
Article 55
Correction ofobviouserrors
An aid application may be adjusted at any time after its submission, in
cases of where the competent authority recognises an obvious error.2003R0043 — EN — 15.06.2003 — 001.001 — 27
▼B
Article 56
Latesubmission
Except in cases of force majeure and exceptional circumstances within
the meaning of Article 65, submission of an aid application after the
time limit laid down accordance with Article 54(1) shall lead to a 1 %reduction per working day in the amountsto which the grower wouldhave been entitled if the aid application had been lodged within thetime limit. If the delay amountsto more than 25 calendar days , theapplication shall be considered inadmissible.
Article 57
Withdrawalofaidapplications
1. An aid application may be totally or partially withdrawn at any
time. However, where the competent authority hasalready informed
the grower of irregularitiesin the aid application or hasgiven notice
to the grower of itsintention to carry out an on-the-s pot check, andwhere this check reveals irregularities, withdrawals shall not beauthorised in respect of the parts of the aid application affected by theirregularities.
2. Withdrawalsunder paragraph 1 s hall return the claimant to the
situation prior to submitting the aid application or part of the aid appli-cation in question.
CHAPTER II
Checks
Article 58
1. Verifications shall be carried out by means of administrative and
on-the-spot checks. Administrative checks shall be exhaustive and shall
include cross-checks wherever appropriate with, inter alia , data from
the integrated administration and control system. Based on a riskanalysis, the national authorities shall perform on-the-spot checks bysampling at least 10 % of aid applications.
In all appropriate cases, Member States shall make use of the inte-
grated administration and control system established by Regulation(EEC) No 3508/92.
2. For the aid covered by section I of Chapter II of Title III, checks
shall also cover the quantity of cane delivered and compliance with theminimum price.
Article 59
General principles
1. On-the-spot checks shall be unannounced. However, provided that
the purpose of the check is not compromised, advance notice limited tothe strict minimum necessary may be given. Such notice shall not
exceed 48 hours, except in duly justified cases.
2. Where applicable, the on-the-spot checks provided for in this
Regulation shall be carried out at the same time as any other checks
provided for in Community rules.
3. The application or applicationsconcerned s hall be rejected if
growers or their representatives prevent an on-the-spot check from
being carried out.
Article 60
Selection ofapplicationstobecheckedonthespot
1. Growers shall be selected to undergo on-the-spot checks by the
competent authority on the basis of a risk analysis and the representa-2003R0043 — EN — 15.06.2003 — 001.001 — 28
▼B
tiveness of the aid applications submitted. The risk analysis shall take
account of:
(a) the amount of aid involved;
(b) the number of agricultural parcels, the area covered by the applica-
tion or the quantity produced, transported, processed or marketed;
(c) changesfrom the previousyear;
(d) the findings of checks made in past years;
(e) other parametersto be determined by the Member States .
To provide the element of representativeness, the Member States shall
randomly select between 20 % and 25 % of the minimum number of
growers to be subject to on-the-spot checks.
2. The competent authority shall keep records of the reasons for the
selection of each grower for an on-the-spot check. The inspector
performing the on-the-spot check shall be informed of these reasonsbefore starting it.
Article 61
Inspectionreport
1. Every on-the-spot check shall be the subject of an inspection
report relating the detailsof the checkscarried out. Reportss hall indi-
cate in particular:
(a) the aid schemes and applications checked;
(b) the persons present;
(c) the agricultural parcelschecked, the agricultural parcelsmeas ured,
the results of the measurements per measured parcel and themeasuring methods used;
(d) the quantities produced, transported, processed or marketed covered
by the check, the findingsand the methodsus ed;
(e) whether advance notice wasgiven to the grower of the vis it and, if
so, how much;
(f) any further inspection measures carried out.
2. Growers or their representatives shall be given the opportunity to
sign the report to attest their presence at the check and to add observa-
tions. Where irregularities are found the grower shall receive a copy ofthe control report.
Where the on-the-spot check is carried out by remote sensing, the
Member Statesmay decide not to give the growersor their repres enta-tivesthe opportunity to s ign the control report if no irregularitiesarerevealed during the check by remote-sensing.
CHAPTER III
Consequences of undue payments
Article 62
Recovery ofunduepayments
1. If undue payment ismade, the grower s hall repay the amount in
question plus interest calculated in accordance with paragraph 3.
2. The Member Statesmay decide to recover an undue payment by
deducting that amount from any advancesor paymentsmade to the
grower under other aid schemes following the date of the decision to
recover. However, the grower may repay the amount without waitingfor the deduction.
3. Interest shall be calculated for the period elapsing between the
notification of the repayment obligation to the grower and either repay-ment or deduction. The rate of interest applicable shall be calculatedaccording to the provisions of national law but shall not be lower than2003R0043 — EN — 15.06.2003 — 001.001 — 29
▼B
the interest rate applicable for the recovery of amounts under the
national provisions.
4. Where the undue payment has been made because of a false
declaration, false documents or serious negligence on the part of the
beneficiary, a penalty shall be imposed equal to the amount unduly
paid, with interest calculated in accordance with paragraph 3.
5. The repayment obligation referred to in paragraph 1 shall not
apply if the payment wasmade by error of the competent authorityitself or of another authority and if the error could not reasonablyhave been detected by the grower.
However, where the error relatesto factual elementsrelevant for the
calculation of the payment concerned, the first subparagraph shall
apply only if the decision to recover was not communicated within 12monthsof the payment.
6. The repayment obligation referred to in paragraph 1 shall not
apply if more than 10 yearselaps e between the date of the paymentof the aid and the date on which the beneficiary isfirs t notified bythe competent authority that the payment made wasundue.
However, the period referred to in the first sentence shall be limited to
four yearsif the beneficiary hasacted in good faith.
7. Amountsto be recovered asa cons equence of reductionsand
exclusions applied under this title shall be subject to a period of limita-tionsof four years .
8. Paragraphs 5 and 6 shall not apply in the case of advances.9. The Member Statesmay decide not to recover amountsof
EUR 100 or less, not including interest, per grower and per premiumperiod, provided that their national law providesfor non-recovery in
such cases.
10. The aid recovered shall be paid to the paying agencies or depart-
mentsand deducted by them from the expenditure financed by theEuropean Agricultural Guidance and Guarantee Fund.
Article 63
Reductionsandexclusionsincasesofoverdeclaration forarea aid
1. In the case of aid covered by Title I, where the area declared for
a group of cropsexceedsthe area recorded during the check, the aidshall be calculated on the basis of the area recorded, minus twice thedifference found, where thisismore than 3 % or two hectaresbut notmore than 20 % of the area determined.
Where the difference found ismore than 20 % of the area recorded, no
area aid shall be granted for the group of crops concerned.
2. If, in respect of the overall area determined covered by an aid
application under the aid schemes covered by Title I, the declaredarea exceedsthe area found by more than 30 %, the aid which thegrower could claim under those aid schemes shall be refused for thecalendar year concerned.
If the difference is more than 50 %, the grower shall also be penalised
by an amount equal to the amount refused under the first subparagraph.
That amount shall be withheld from aid payments under any of the aidschemes covered by this Regulation or to which the grower is entitledunder applicationslodged during the three calendar yearsfollowing theyear of the finding.
Article 64
Exemptionsfromtheapplicationofreductionsandexclusions
1. The reductions and exclusions provided for in this title shall not
apply where growershave s ubmitted factually correct information orcan show otherwise that they are not at fault.2003R0043 — EN — 15.06.2003 — 001.001 — 30
▼B
2. The reductions and exclusions provided for in this title shall not
apply to those parts of an aid application which the grower informs thecompetent authority in writing are incorrect or have become incorrect
since it was lodged, provided that the competent authority has not
already informed the grower of itsintention to carry out an on-the-spot check or of any irregularity in the application.
On the basis of the information given by the grower as referred to in
the first subparagraph, the aid application shall be adjusted to reflect
the actual situation.
Article 65
Force majeureandexceptionalcircumstances
1. Growers shall notify the competent authority in writing of cases
offorce majeure or exceptional circumstances, with relevant evidence
to the satisfaction of that authority, within 10 working days of the dateon which they are first in a position to do so.
2. The competent authority may recognise exceptional circumstances
in cases such as, for example:
(a) the death of the grower;
(b) long-term occupational incapacity of the grower;
(c) a severe natural disaster substantially affecting the holding's agri-
cultural land.
Article 66
Withdrawalofapproval
The national authoritiess hall withdraw approval asreferred to in
Article 42 where the commitments to which such approval is subjectare not fulfilled. They may suspend the payment of aid for one ormore marketing years depending on the seriousness of the irregularities
uncovered.
CHAPTER IV
General provisions
Article 67
Additionalnationalmeasures
The Member States shall adopt all additional measures needed to apply
thisRegulation, in particular regarding the checkson quantitiesof canedelivered for the purposes of the aid covered by Chapter III of Title II.
Article 68
Notifications
1. The Member States concerned shall notify the Commission not
later than:
(a) 30 April, of the areascovered by applicationsfor aid under Chapter
II of Title I for the current marketing year and for which the aidhasactually been paid;
(b) 31 May:
— of the areascovered by applicationsfor aid under Chapter I of
Title I for the previousmarketing year for which the aid hasactually been paid,
— the quantitiescovered by contractsfor the current marketing
year, broken down by category or product;2003R0043 — EN — 15.06.2003 — 001.001 — 31
▼B
(c) 30 June, a report on the implementation of the measures covered
by thisRegulation in the preceding marketing year s howing inparticular:
— the quantitiesfor which the aid and increas ed aid covered by
Title III hasbeen paid, broken down by product s et out in partA of Annex II, III or IV,
— the quantitiesqualifying for the aid covered by Title IV, broken
down by product, and their average value within the meaning ofArticle 40(4);
(d) for the aid covered by section II of chapter II of Title III, within 45
working daysfollowing the end of each marketing year, Portugalshall notify the Commission:
— of the areasand the overall amount for which the flat-rate aid
per hectare hasbeen reques ted and paid,
— of the quantitiesof white s ugar produced and the overall
amount of the special processing aid paid;
(e) for the aid covered by section I of Chapter II of Title III, within 45
daysof the end following the end of each calendar year, Franceand Portugal shall notify the Commission:
— of the total quantities of sugar syrup, sucrose syrup and agricul-
tural rum covered by aid applications, expressed as white sugaror hectolitresof pure alcohol,
— of the refineriesand dis tilleriesin receipt of aid,— of the aid received and the quantity of sugar syrup, sucrose
syrup or agricultural rum produced by each refinery or distil-lery.
2. Before the beginning of each marketing year, France shall notify
the minimum pricesreferred to in Title II, fixed in accordance with
Article 13 of Regulation (EC) No 1452/2001 for each category of
products set out in Annex I and shall specify in its implementationreport:
— the quantities of green vanilla and essential oil of geranium and
vetiver qualifying for the aid covered by Chapter II of Title II,
— the quantitiesof raw materialsqualifying for the aid covered by
Chapter I of Title III, broken down by product ass et out in part A
of Annex I, and the quantities, expressed in net weight, of finished
productsbroken down in accordance with part B of Annex I.
3. Portugal shall notify the Commission before 1 November each
year of the quantitiesof pineapplesharves ted for which aid hasbeenpaid.
4. The Member States shall inform the Commission immediately of
cases which they recognise as force majeure or exceptional circum-
stances justifying continued entitlement to the aid.
5. For the aid covered by Chapter III of Title II, France shall notify
the Commission:
(a) within four monthsfollowing the entry into force of thisRegula-
tion:
— of the criteria for determining the unit amountsgranted to
producers,
— of the additional measures adopted under Article 67;
(b) in the annual report provided for in Article 27 of Regulation (EC)
No 1452/2001, for each department:
— of the total quantities of cane, expressed in tonnes, covered by
aid applications,
— of the total amount of the aid and the variation in the amounts
of aid per tonne transported,
— of any changesto the criteria and additional meas uresreferred
to in point (a).2003R0043 — EN — 15.06.2003 — 001.001 — 32
▼B
Article 69
Producer organisationsintheFrenchoverseasdepartments
Annex I to Regulation (EC) No 412/97 ishereby replaced by Annex VI
to thisRegulation
CHAPTER V
Final provisions
Article 70
Repeal
Regulations(EEC) No 980/92, (EEC) No 2165/92, (EEC) No 2311/92,
(EEC) No 3491/92, (EEC) No 3518/92, (EC) No 1524/98, (EC) No2477/2001, (EC) No 396/2002, (EC) No 738/2002, (EC) No 1410/
2002 and (EC) No 1491/2002 are hereby repealed.
Article 71
Entryintoforceandapplication
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 2002, except for the aid referred to in
Article 1(b), (c), (f) and (g) and the aid for bananasother than plantainsproduced in French Guiana and Réunion granted under Chapter I ofTitle IV, which shall apply from 1 January 2002.
Article 53 shall not apply to annual contracts concluded before the
entry into force of thisRegulation under Article 15 of Regulation
(EC) No 1452/2001, Article 6 of Regulation (EC) No 1453/2001 or
Article 10 of Regulation (EC) No 1454/2001.
For 2003, for the purposes of determining the amount of aid to be
granted under Article 12(1) of Regulation (EC) No 1452/2001, Article5(1) of Regulation (EC) No 1453/2001 and Article 9(1) of Regulation(EC) No 1454/2001, the beneficiary's status shall be assessed at the
time the aid application islodged.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2003R0043 — EN — 15.06.2003 — 001.001 — 33
▼B
ANNEX I
FRENCHOVERSEASDEPARTMENTS
Part A
Productsreferred to in Article 13 of Regulation (EC) No 1452/2001
Maximum quantitiesper marketing year asreferred to in Article 13(2) of Regulation (EC) No 1452/
2001
Amountsof aid asreferred to in Article 13(2) of Regulation (EC) No 1452/2001
Column I Column II Column III Column IV
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/
tonne)
Aex 0703 10 Onionsfor rougail and achards
8 320 216ex 0706 10 00 Carrotsfor rougail and achards
ex 0709 90 90 Chayotes, breadfruit
0803 00 11 Plantains(all French overs eas
departments)
0803 00 19 Bananasother than plantains
(French Guiana and Réunion)
0804 30 00 Pineapples(except Martinique)
0810 10 Strawberries
ex 0810 90 95 Strawberry guavas
ex 0810 90 95 Ambarellas
Bex 0704 90 Cabbage for rougail and achards
1 550 354ex 0709 90 90 Turban squash
0714 10 Manioc
0714 20 10 Sweet potatoes
ex 0714 90 Dachines
ex 0805 20 Tangor mandarins
0805 50 90 Limes
0807 20 00 Pawpaws
ex 0810 90 30 Jackfruit, lychees, rambutans
ex 0810 90 40 Carambolas
ex 0810 90 95 Antillesapricots , Surinam cher-
ries, soursops
ex 0804 50 00 Guavas
C0703 20 00 Garlic for rougail and achards
560 4120709 60 99 Peppers
0708 20 00 Beansfor rougail and achards
ex 0714 90 Yamsex 0804 50 00 Mangoes
ex 0805 90 00 Combava
ex 0810 90 40 Passion fruit, maracujas and gran-
adillas2003R0043 — EN — 15.06.2003 — 001.001 — 34
▼B
Part B
Productsasreferred to in Article 13(2)
CN code Product
ex 0710 Vegetables, frozen, uncooked
ex 0712 Dried vegetables
ex 0714 Dried vegetables
2001 Fruit and vegetablespres erved in vinegar or acetic acid2004 90 98 Frozen vegetables
ex 2005 90 Vegetable preserves and vegetables, vacuum sterilised
ex 2006 00 Fruit preserved in sugar
2007 Jams, fruit jellies, marmalades, fruit or nut puree and paste
ex 2008 Fruit pulps
2009 Fruit juices
2008 20 Pineapples(except in Martinique)2003R0043 — EN — 15.06.2003 — 001.001 — 35
▼B
ANNEX II
FRENCHOVERSEASDEPARTMENTS
Productsasreferred to in Article 12(1) of Regulation (EC) No 1452/2001
Maximum quantitiesasreferred to in Article 12(1) of Regulation (EC) No 1452/2001 per period from
1 January to 31 December
FRUIT AND VEGETABLES
Column I Column IIColumn
IIIColumn
IVColumn
V
Product
categoriesCN code ProductQuanti-
ties
(tonnes)Aid
(EUR/tonnes)
A0701 90 Potatoes
7 800 80 (1) 160ex 0706 10 Carrots
ex 0707 00 05 Cucumbers
0709 90 90 Chayotes, breadfruit0803 00 11 Plantains(all French overs eas
departments)
0803 00 19 Bananasother than plantains
(French Guiana and Réunion)
0804 30 00 Pineapples0807 11 00 Water melons
B0702 00 00 Tomatoes
13 000 120 (
2) 241ex 0703 10 Onions
ex 0704 Cabbageex 0705 Lettuce
0709 90 10 Salad vegetablesother than
lettuce and chicory
0709 30 00 Aubergines
0714 20 10 Sweet potatoes
0709 90 70 Courgettes
ex 0714 90 11 Dasheens, taroex 0709 60 10 Sweet peppersex 0709 60 99 Other peppersex 0709 90 90 Turban squash
0804 40 00 Avocados
ex 0804 50 00 Mangoesex 0805 Citrusfruit (oranges ,
mandarins, lemons and limes,
grapefruit and pomelos)
0807 19 00 Melons0807 20 00 Papayas
ex 0810 90 30 Lychees, rambutansex 0810 90 85 Strawberry guavas2003R0043 — EN — 15.06.2003 — 001.001 — 36
▼B
Column I Column IIColumn
IIIColumn
IVColumn
V
Product
categoriesCN code ProductQuanti-
ties
(tonnes)Aid
(EUR/tonnes)
C0703 20 00 Garlic
700 158 (3) 3150708 20 Green beans
0810 10 Strawberries
ex 0810 90 40 Passion fruit, maracuja, gran-
adilla
0809 30 Peaches
ex 0714 90 Yams
0709 90 90 Gombo
ex 0910 10 Ginger
ex 0910 30 00 Turmeric (curcuma)
(1) However, the aid shall be:
— EUR 120/tonne for 2003,
— EUR 96/tonne for 2004.
(2) However, the aid shall be:
— EUR 180/tonne for 2003— EUR 145/tonne for 2004.
(
3) However, the aid shall be:
— EUR 236/EUR/tonne for 2003,
— EUR 189/tonne for 2004.
FRESH CUT FLOWERS
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1000 units)
Aex 0603 10 80 Tropical flowers(s tan-
dard anthurium,
alpinas, heliconias,
porcelain rose, strelit-
zias)
2 640 000 150 157ex 0604 99 90 Foliage (arecas,
cariotas)
0602 90 91 Flowering plantswith
budsor flowers
Cex 0603 10 80 Tropical flowers
(hybrid anthurium,
Canna indica)
2 500 000 300 315ex 0603 10 30 Orchids
0603 10 10 Roses
ex 0604 99 90 Foliage (dracaena,
alocasia)
0602 90 91 Flowering plants(gera-
nium, pelargonium,
begonia, …)2003R0043 — EN — 15.06.2003 — 001.001 — 37
▼B
ANNEX III
AZORES
Productsasreferred to in Article 5 of Regulation (EC) No 1453/2001
Maximum quantitiesasreferred to in the fourth s ubparagraph of Article 5(1) of Regulation (EC) No
1453/2001 per period from 1 January to 31 December
FRUIT AND VEGETABLES
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
A0709 90 90 Other fruit and vegeta-
blesnot mentioned
elsewhere
60 000 100 2000701 90 Other potatoes
0703 10 19 Shallots
0704 10 00 Cauliflowersand
headed broccoli
0704 90 90 Other cauliflowersnot
mentioned elsewhere
0704 90 10 Red cabbages0704 10 Cauliflowers0704 90 90 Chinese cabbages
0709 70 00 Spinach
0708 90 00 Other leguminous
vegetables
0706 10 00 Turnips
0713 33 Kidney beans
0804 40 00 Avocados0803 00 Bananas0804 50 00 Guavas0805 10 Oranges
0805 20 Mandarins/tangerines
0805 50 Lemons
B0703 90 00 Leeks
10 000 150 3000709 40 00 Celery
0705 Lettucesand chicory0709 90 20 Chard
0706 90 90 Beetroot
0714 20 Sweet potatoes0714 90 90 Other potatoes0706 90 90 Radishes0707 00 05 Cucumbers
0709 90 60 Sweetcorn
0709 60 Peppers0709 Other vegetables2003R0043 — EN — 15.06.2003 — 001.001 — 38
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
C0709 90 Other
7 000 200 4000703 20 00 Garlic
0709 90 90 Other
0708 10 00 Peas
0708 20 00 Green beans
0709 90 90 Other
0709 Other vegetablesnot
mentioned elsewhere
0810 Other fresh fruit
0808 10 Apples
0810 Kiwi
0805 20 Clementines
0805 30 90 Limes
0807 19 00 Other melons
0810 Maracujas
0810 Strawberries
0810 Other fresh fruit
0807 20 00 Papayas
0806 10 10 Table grapes
0802 40 00 Chestnuts
Column I Column II Column III Columna IV Columna V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
A 0902 Orange pekoe tea 10 1 480 2 960
B 0902 Pekoe tea 10 1 090 2 180
C 0902 Broken leaf tea 5 440 880
A 0904 Peppers20 230 460
A 0409 00 Honey 110 250 500
LIVE PLANTS AND FLOWERS
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
CategoryA:Bulbsandrhizomes
A1 0601 10 Bulbsand rhizomes
with a value of
EUR 0,10 to EUR 0,15
each100 000 0,010 0,015
A2 0601 10 Bulbsand rhizomes
with a value of
EUR 0,16 to EUR 0,30
each100 000 0,015 0,0202003R0043 — EN — 15.06.2003 — 001.001 — 39
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
CategoryB:Liveflowers,cuttingsandgrafts
B1 0602 Live flowers, cuttings
and graftswith a value
of EUR 1 to EUR 3
each46 000 0,20 0,25
B2 0602 Live flowers, cuttings
and graftswith a value
of EUR 3,01 to EUR 5
each10 000 0,40 0,45
B3 0602 Live flowers, cuttings
and graftswith a value
of EUR 5,01 to EUR 10
each1 000 0,70 0,75
B4 0602 Live flowers, cuttings
and graftswith a value
of EUR 10,01 to
EUR 20 each1 000 1,5 1,75
CategoryC:Freshflowers
C1 0603 10 Fresh flowers with a
value of EUR 0,20 to
EUR 0,40 each65 000 0,030 0,035
C2 0603 10 Fresh flowers with a
value of EUR 0,41 to
EUR 0,70 each30 000 0,055 0,060
C3 0603 10 Fresh flowers with a
value of EUR 0,71 to
EUR 1,5 each25 000 0,22 0,30
C4 0603 10 Fresh flowers with a
value greater than
EUR 1,5 each20 000 0,50 0,55
CategoryD:Foliage, leavesandbranches,freshanddried
D1 0604 Foliage, leavesand
branches, fresh and
dried, with a value of
EUR 0,05 to EUR 0,15
each725 000 0,10 0,15
D2 0604 Foliage, leavesand
branches, fresh and
dried, with a value of
EUR 0,16 to EUR 0,30
each25 000 0,22 0,25
D3 0604 Foliage, leavesand
branches, fresh and
dried, with a value of
EUR 0,31 to EUR 0,50
each10 000 0,40 0,45
D4 0604 Foliage, leavesand
branches, fresh and
dried, with a value
greater than EUR 0,51
each10 000 0,50 0,552003R0043 — EN — 15.06.2003 — 001.001 — 40
▼B
ANNEX IV
MADEIRA
Productsasreferred to in Article 5 of Regulation (EC) No 1453/2001
Maximum quantitiesasreferred to in the fourth s ubparagraph of Article 5(1) of Regulation (EC) No
1453/2001 per period from 1 January to 31 December
FRUIT AND VEGETABLES
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
Aex 0703 10 19 Other onions
1 500 100 200ex 0706 10 00 Carrots
ex 0706 10 00 Turnipsex 0706 90 90 Otherex 0714 20 Sweet potatoesex 0714 90 90 Yam
0807 11 Water melons
Bex 0703 90 00 Leeks
1 000 125 250ex 0704 90 90 Other cabbages
ex 0706 90 90 Beetrootex 0708 90 00 Broad beans
0709 90 60 Sweetcorn0709 Other vegetablesnot
mentioned elsewhere
0805 10 Oranges0805 50 10 Lemons0808 10 Apples0808 20 50 Pears
ex 0809 30 Peaches
0809 40 05 Plums0810 Other non tropical fruit
not mentioned else-
where2003R0043 — EN — 15.06.2003 — 001.001 — 41
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
C0702 00 00 Tomatoes
750 150 3000704 10 00 Cauliflowersand broc-
coli
ex 0705 Lettuces
0707 00 05 Cucumbers
0708 10 00 Peas
0709 90 10 Salad vegetables
0709 90 70 Courgettes
ex 0709 90 90 Other fruit and vegeta-
bles
ex 0802 40 00 Chestnuts
0804 30 00 Pineapples
ex 0804 40 00 Avocados
ex 0804 50 00 Guavas
ex 0805 20 50 Mandarins
0809 10 00 Apricots
0810 50 00 Kiwi
D0703 20 00 Garlic
250 150 3000708 20 00 Beans
ex 0709 60 10 Sweet peppers
ex 0709 90 90 Other fruit and vegeta-
blesnot mentioned
elsewhere
0802 31 00 Walnutsin s hell
ex 0804 50 00 Mangoes
0805 20 70 Tangerines
0806 10 10 Fresh table grapes
0807 20 00 Papayas
0809 20 95 Cherries
0810 10 00 Strawberries
ex 0810 90 40 Passion fruit
ex 0810 90 95 Other tropical fruit
E 0701 90 Potatoes 10 000 80 240
FRESH CUT FLOWERS
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1 000 units)
A0603 10 10 Roses
500 000 100 2000603 10 20 Carnations
Gladioli
0603 10 40 Chrysanthemums
Other (fresh)
0603 10 50 Other (not fresh)
0603 10 80
0603 90 002003R0043 — EN — 15.06.2003 — 001.001 — 42
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1 000 units)
B ex 0603 10 80 Heliconias 400 000 120 240
C 0603 10 80 Proteas 150 000 120 240
D0603 10 30 Orchids
650 000 140 2800603 10 80 Anthuriums
E 0603 10 80 Strelitzias 400 000 140 2802003R0043 — EN — 15.06.2003 — 001.001 — 43
▼B
ANNEX V
CANARYISLANDS
Productsasreferred to in Article 9 of Regulation (EC) No 1454/2001
Maximum quantitiesasreferred to in the fourth s ubparagraph of Article 9(1) of Regulation (EC) No
1454/2001 per period from 1 January to 31 December
Amountsof aid asreferred to in Article 9(1) of Regulation (EC) No 1454/2001
FRUIT AND VEGETABLES
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
Aex 0703 10 Onions
16 320 40 1200704 90 Cabbage
0709 90 60 Sweetcorn
ex 0709 90 90 Pumpkinsex 0709 Other vegetablesnot
mentioned elsewhere
0805 40 00 Grapefruit0805 50 10 Lemons0807 11 00 Water melons
ex 0807 19 00 Melons
B0703 20 00 Garlic
32 830 90 180ex 0703 90 00 Leeks
0704 10 00 Cauliflowers0705 Lettucesand chicory
ex 0706 10 00 Carrots
0707 00 05 Cucumbers0709 30 00 Aubergines0709 40 00 Celery
ex 0709 60 10 Peppers
0709 90 20 Chard (silver beet) and
cardoons
0709 90 70 Courgettes0714 20 Sweet potatoes0805 10 Oranges
ex 0805 20 Mandarins
0806 10 10 Table grapes0808 10 Apples0808 20 Pears0809 10 00 Apricots0809 30 Peachesand nectarines0809 40 05 Plums
ex 0810 90 95 Other non-tropical fruit
not mentioned else-
where2003R0043 — EN — 15.06.2003 — 001.001 — 44
▼B
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(tonnes)Aid
(EUR/tonne)
C0708 20 00 Green beans
14 550 120 210ex 0709 70 00 Spinach
ex 0709 90 Cress
ex 0802 Almonds
0804 20 10 Fresh figs
0804 30 00 Pineapples
0804 40 00 Avocados
ex 0804 50 00 Mangoes
0807 20 00 Papayas
0810 10 00 Strawberries
ex 0810 90 95 Barbary figsand other
tropical fruitsnot
mentioned elsewhere
D 0701 90 Potatoesharves ted
from 1 April to 31
December30 000 60 150
FLOWERS AND LIVE PLANTS
Column I Column II Column III Column IV Column V
Product
categoriesCN code ProductQuantities
(units)Aid
(EUR/1 000 units)
CategoryA:Cuttings
A 0602 90 45 Cuttings24 000 000 10 11
CategoryB:Flowers
B 1 ex 0603 10 Flowerswith a value
of EUR 0,07 to
EUR 0,15 each8 000 000 18 19
B 2 ex 0603 10 Flowerswith a value
of EUR 0,16 to
EUR 0,45 each6 000 000 40 44
B 3 ex 0603 10 Flowerswith a value
of EUR 0,46 to
EUR 1,20 each1 090 000 60 66
CategoryC:Plants
C 1 ex 0602 90 Plantswith a value of
EUR 0,15 to EUR 0,45
each2 500 000 45 48
C 2 ex 0602 90 Plantswith a value of
EUR 0,46 to EUR 1,50
each1 000 000 222 240
C 3 ex 0602 90 Plantswith a value of
EUR 1,51 to EUR 3,00
each750 000 456 480
C 4 ex 0602 90 Plantswith a value of
EUR 3,01 and above
each500 000 601 6372003R0043 — EN — 15.06.2003 — 001.001 — 45
▼B
ANNEX VI
RECOGNITION CRITERIA FOR PRODUCER ORGANISATIONS OTHER THAN FOR
CITRUSFRUITS
Member Statesor s pecific regionsProducer organisations
Article 11(1)(a) categories(i)
to (iv)Producer organisations
Article 11(1)(a) categories(vi)
and (vii) and Article 11(3)
Minimum
number of
producersMinimum
volume
(EUR
million)Minimum
number of
producersMinimum
volume
(EUR
million)
Belgium, Germany, Spain (except
Balearic Islands and Canaries), France
(except overseas departments), Greece (1),
Italy, Netherlands, Austria, United
Kingdom (except Northern Ireland)40 or 1,5 5 0,25
15 or 2,5
53
Denmark, Ireland, Northern Ireland,
Greece (2), Balearic and Canary Islands,
Portugal (except Madeira and Azores)15 or 0,5
51
Finland, Sweden, Greece ( Nomoi
(regions) other than under (1) and (2))10 or 0,25
5 0,5
Greece (islands), Luxembourg, Madeira
and Azores, French overseas departments5 0,1 5 0,1
(1)Nomoi: Imathias, Pellas, Artas, Argolidas, Korinthias, Viotias, Serron, Kavallas.
(2)Nomoi: Larisas, Magnisias, Karditsas, Evrou, Thessaloniki, Prevezas, Kilkis, Pierias, Lakonias, Kastorias.2003R0043 — EN — 15.06.2003 — 001.001 — 46