2001R1591 — EN — 23.08.2002 — 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)No1591/2001
of2August2001
layingdowndetailedrulesforapplyingthecottonaidscheme
(OJ L 210, 3.8.2001, p. 10)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1486/2002 of 19 August 2002 L 223 3 20.8.2002
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COMMISSIONREGULATION(EC)No1591/2001
of2August2001
layingdowndetailedrulesforapplyingthecottonaidscheme
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Protocol 4 on cotton annexed to the Act of Accession
of Greece(1), aslas t amended by Council Regulation (EC) No 1050/
2001(2),
Having regard to Council Regulation (EC) No 1051/2001 of 22 May
2001 on production aid for cotton(3), and in particular Article 19(1)
thereof,
Whereas:
(1)In view of the fluctuationswhich normally occur in world
market pricesfor fibre, the average world market price for
unginned cotton should be determined several times each month.
To facilitate the disposal of cotton on the world market, it isnecessary to determine the period during which that price isfixed and during which aid applicationsmay be s ubmitted,taking account of the time limitsrequired for proper adminis tra-tion of the aid scheme.
(2)If there are no representative offers or quotations for unginnedcotton, the world market price for thisproduct s hould be deter-mined on the basis of the world market price for ginned cotton.For the purposes of Article 4(1) of Regulation (EC) No 1051/
2001, the coefficients representative of the historical relationship
between the world market price for ginned cotton and the pricecalculated for unginned cotton should be fixed.
(3)Offers and quotations need to be adjusted to compensate for any
deviation from the quality and termsof delivery for which the
world market price isdetermined.
(4)Article 8 of Regulation (EC) No 1051/2001 providesfor the
amount of the aid to be increased where certain conditions are
fulfilled and up to certain maximum limits. Rules should belaid down for determining this increase. In view of the adjust-ments and increases to be determined, the amount of aid shouldbe fixed after those adjustments and increases have been madebut before a final date which allowsthe balance of the aid to
be paid before the end of the marketing year.
(5)Detailed rules on the submission of aid applications should be
laid down for the purpose of applying the amount of the aid tothe corresponding quantities of cotton eligible for aid on the
basis of the exact period during which the aid applications
covering those quantities are submitted. To prevent speculationduring periods of sudden disturbance on the world market forfibre, it isappropriate to authoris e aid applicationsto besubmitted during such periods subject to specific conditions.
(6)Adequate controls must be set up in order to check the quantityof unginned Community cotton entering each ginning plant. Tothat end, the terms‘batch’ and ‘entry of the batch in the ginningplant’ should be defined, an application for supervised storage
should be required and detailed rules should be laid down on
how such applications are to be submitted. In order to preventgrowersfrom holding unginned cotton for too long, therebyallowing the quality of the stored product to deteriorate, theMember States should be authorised to fix a final date by whichapplications for supervised storage must be submitted which is2001R1591 — EN — 23.08.2002 — 001.001 — 2
(1) OJ L 291, 19.11.1979, p. 174.
(2) OJ L 148, 1.6.2001, p. 1.
(3) OJ L 148, 1.6.2001, p. 3.
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earlier than the final date for submission of aid applications. For
administrative reasons, cotton should be ginned within a certainperiod.
(7)Detailed ruleson calculating and paying aid advancess hould belaid down. Payment of advances should be subject to the lodgingof a security in order to ensure that the amounts in question arepaid or forfeit if a given obligation isnot fulfilled. Unles sother-wise provided, such securities must meet the requirements setout in Commission Regulation (EEC) No 2220/85 of 22 July
1985 laying down common detailed rulesfor the application of
the system of securities for agricultural products(
1), aslas t
amended by Regulation (EC) No 1932/1999(2).
(8)Payment of an advance on the minimum price to be paid toproducersisnotably one of the requirementsto be met by under-takingsginning on their own account in order to qualify for aid.
The detailed rulesfor calculating and paying to the producer that
advance on the minimum price should therefore be laid down.
(9)In order to ensure that cotton covered by aid applications is ofproper origin, it must be possible to identify areas sown tocotton by means of the system for identifying agricultural plotsprovided for in Council Regulation (EEC) No 3508/92 of 27
November 1992 establishing an integrated administration and
control system for certain Community aid schemes(
3), aslas t
amended by Commission Regulation (EC) No 495/2001(4).
(10)So that entitlement to aid can be checked, and in particularcompliance with the minimum price, the conditions to be satis-fied by the contractsprovided for in Article 11(a) of Regulation
(EC) No 1051/2001 should be specified. To that end, reference
should be made to the stock accounting of undertakings.
(11)Where ginning iscarried out on behalf of third parties , detailedrules should be laid down for paying and administering the aidin such cases, as well as the obligations to be fulfilled by thepartiesconcerned.
(12)There must be a system of checks to ensure that operations areconducted properly. The detailed rules on such checks should belaid down.
(13)Penalties should be laid down for cases where the provisions ofthis Regulation are not complied with. These penalties must bean adequate deterrent, while complying with the principle of
proportionality.
(14)So that the aid scheme can be properly administered, it is neces-
sary to specify which information operators should send to thecompetent authoritiesand which communicationsthe MemberStates should make to the Commission.
(15)In order that advance paymentson the aid can be made asthe
marketing year progresses and the balance paid before the end
of the marketing year, the datesreferred to in Article 19(2) ofRegulation (EC) No 1051/2001 should be fixed.
(16)In order to ensure a smooth transition to the new scheme, transi-tional provisions are needed during the 2001/02 marketing yearregarding certain documentsto be drawn up before the beginning
of that marketing year.
(17)Regulation (EC) No 1051/2001 introducesa new production aid
scheme for cotton from the 2001/02 marketing year and repealsCouncil Regulations(EEC) No 1964/87(
5) and (EC) No 1554/2001R1591 — EN — 23.08.2002 — 001.001 — 3
(1) OJ L 205, 3.8.1985, p. 5.
(2) OJ L 240, 10.9.1999, p. 11.
(3) OJ L 355, 5.12.1992, p. 1.
(4) OJ L 72, 14.3.2001, p. 6.
(5) OJ L 184, 3.7.1987, p. 14.
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95(1) with effect from 1 September 2001. Commission Regula-
tion (EEC) No 1201/89 of 3 May 1989 laying down rulesimplementing the system of aid for cotton(
2) should therefore
also be repealed with effect from the 2001/02 marketing year.
(18)To ensure that this Regulation applies on 1 September 2001, it
should enter into force on the day following its publication.
(19)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for NaturalFibres,
HAS ADOPTED THIS REGULATION:
Article 1
Purpose
ThisRegulation laysdown the detailed rulesfor implementing the
production aid scheme for cotton introduced by Protocol 4 on cottonannexed to the Act of Accession of Greece and Regulation (EC) No
1051/2001.
Article 2
Worldmarketprice forunginnedcotton
1. The Commission shall determine the world price for unginned
cotton in euro per 100 kilogramsin the period running from 1 Julybefore the start of the marketing year concerned to the following 31March. The price shall be determined on the last working day
preceding the first, 11th and 21st of each month and shall enter into
force on the day following the date on which it isdetermined. Theworking days taken into account shall be those applied by the Commis-sion. The exchange rate for the euro used to determine the worldmarket price shall be that applicable on the day on which the offersand quotations referred to in Article 3 are established.
However, in the event of significant changes of 5 % or more in cotton
prices expressed in euro on the world market, the Commission mayamend the price referred to in the first subparagraph without delay.
2. The world market price for unginned cotton shall be equal to a
percentage of the price of ginned cotton determined in accordancewith Article 3.
This percentage shall be set at:
(a) 20,6 if the price is EUR 110 or less per 100 kilograms;
(b) 21,8 if the price ismore than EUR 110 but les sthan EUR 120 per
100 kilograms;
(c) 23,0 if the price ismore than EUR 120 but les sthan EUR 130 per
100 kilograms;
(d) 24,4 if the price isEUR 130 or more per 100 kilograms .
3. Ass oon asthe price referred to in paragraph 1 isdetermined, the
Commission shall inform the Member States thereof, and in any casebefore the date on which it comesinto force.
Article 3
Worldmarketprice forginnedcotton
1. To determine the world price for ginned cotton, the Commission
shall take account of an average of the offers and quotations obtaining
on one or more European exchangesrepres entative of the market forcotton delivered cif at a Community port and originating in various2001R1591 — EN — 23.08.2002 — 001.001 — 4
(1) OJ L 148, 30.6.1995, p. 48.
(2) OJ L 123, 4.5.1989, p. 23.
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supplier countries regarded as the most representative in international
trade.
The offersand quotationstaken into account s hall relate to the
marketing year for which the price isdetermined and to s hipmentstobe made during the monthsneares t to the date on which the price isdetermined.
2. Where the offersand quotationsrelate to:
(a) ginned cotton of a quality other than the quality for which the
guide price is fixed, they shall be adjusted as shown in Annex I;
(b) cotton seed delivered c and f, they shall be increased by 0,2 % to
take insurance costs into account;
(c) cotton delivered fas, fob or otherwise, they shall be increased, as
appropriate, by the lowest loading, transport and insurance costs
from the point of shipment or loading to the frontier crossing point.
Article 4
Calculatingandfixingtheaid
1. No later than 30 June of the marketing year concerned, the
Commission shall fix the amount of aid for unginned cotton applicable
for each period for which a world market price for unginned cotton has
been determined in accordance with Article 2(1).
2. The amount of aid to be granted in euro per 100 kilogramss hall
be that which isvalid on the day on which the aid application islodgedin accordance with Article 5.
The quantity eligible for the aid granted in euro per 100 kg asreferred
to in the preceding subparagraph shall be the quantity of unginned
cotton of sound, fair and merchantable quality, from areas declared in
accordance with Article 9 and not excluded from the aid scheme byvirtue of Article 17(3) of Regulation (EC) No 1051/2001, which hasbeen delivered by the producersto the ginning plantsand in relationto which the provisions of Articles 5, 6, 8, 10, 11 and 12 have beenmet.
3. To determine the amount of aid, the increase referred to in Article
8 of Regulation (EC) No 1051/2001 shall be established in accordancewith paragraphs4 and 5.
4. The difference between EUR 770 million and total budget expen-
diture on the aid scheme, calculated in accordance with Article 7 ofRegulation (EC) No 1051/2001, shall be divided by the total actualproduction of the Member Stateswhos e actual national productionexceedsthe guaranteed national quantity.
The increase shall be equal to the result of the division referred to in
the first subparagraph, without prejudice to the second paragraph ofArticle 8 of Regulation (EC) No 1051/2001.
5. However, where:
(a) the actual production of Spain and Greece exceedsthe res pective
guaranteed national production of those countries, and
(b) the amount of the aid, increased in accordance with paragraph 4,
exceedsone or other of the ceilingslaid down in the s econd para-
graph of Article 8 of Regulation (EC) No 1051/2001 in eitherGreece or Spain but not both,
the increase applicable in the Member State referred to in point (b)
above shall be calculated so that the amount of the increased aid is
equal to the lower of the two ceilingsconcerned.
Without prejudice to the second paragraph of Article 8 of Regulation
(EC) No 1051/2001, the increase applicable to the other Member Stateshall be calculated, taking account of the first subparagraph, to obtain atotal level of Community expenditure not exceeding EUR 770 million.2001R1591 — EN — 23.08.2002 — 001.001 — 5
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Article 5
Aidapplications
1. To qualify for the production aid for cotton, ginning plantss hall
submit aid applications to the body appointed by the Member State,hereinafter referred to asthe ‘competent body’.
Applications shall be submitted from 1 July before the start of the
marketing year for which the aid isreques ted until 31 March of themarketing year concerned.
2. Aid applicationss hall contain the following information:
— the name, forenames, address and signature of the applicant,
— the date of the application,
— quantity of unginned cotton for which aid isreques ted.
3. Where an aid application iss ubmitted before the application for
supervised storage referred to in Article 6 is made, it shall be validonly if a security of EUR 12 per 100 kilograms is lodged. The securityshall be released in proportion to the quantities for which the super-vised storage obligation provided for in Article 6(1) is fulfilled.
Regulation (EEC) No 2220/85 shall apply to the securities provided for
in this paragraph and the obligation provided for in the first subpara-
graph shall constitute a primary requirement within the meaning of
Article 20 of that Regulation.
4. Without prejudice to Article 6(5), aid applicationss ubmitted
during a period when a world market price for unginned cotton fixedin accordance with Article 4(2) of Regulation (EC) No 1051/2001 isin force may cover only the quantities in supervised storage on thedate the application iss ubmitted.
Article 6
Applicationforsupervisedstorage
1. When unginned cotton entersthe ginning plant, the plant s hall
identify the batch, the quantity and the contract(s) concerned andsubmit an application for supervised storage. The contracting partiesshall then take, by mutual agreement, the samples needed to establish
the quality of each batch.
2. A batch isa s pecified quantity of unginned cotton numbered
when it entersthe ginning plant.
Unginned cotton iscons idered to have entered the ginning plant when
it enters:
(a) any building or other place within the precinctsof a cotton ginning
plant; or
(b) any place of storage outside the ginning plant offering sufficient
and adequate security for the purposes of control of the storedproductsand which hasbeen approved in advance by the ins pec-tion body.
Except in cases of force majeure , or where the inspection body grants
prior authorisation, unginned cotton which has entered a ginning plant
and for which an application for supervised storage has been submitted
may not leave the plant unginned.
3. Applications for the supervised storage of one or more batches
shall be submitted to the inspection body for ginning plants, between1 September and 31 March of the marketing year concerned.
Where applicable, the Member State may fix a final date between the
above two dates. However, in the event of unfavourable weather condi-tions, Member States may authorise the cotton concerned to be placedin supervised storage during the last five working days in March.2001R1591 — EN — 23.08.2002 — 001.001 — 6
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4. Applications for supervised storage shall contain the following
information:
— the name, forenames, address and signature of the applicant,
— the date of the application,
— the quantity of unginned cotton covered by the application,
— the number(s) of the batches(es) concerned,
— the number or identification of the contract(s) covering each batch,
— where applicable, without prejudice to paragraph 5, a statement that
the aid application will be submitted at a later date.
5. The quantities taken into supervised storage shall be set off
against the aid applications, without reference to batches, in the chron-
ological order in which the applicationsare lodged.
6. The quantity taken into supervised storage must be ginned within
a period laid down by the Member State concerned and in any case
within 90 days of its entry into supervised storage.
Within 90 days of being taken into supervised storage, and in any case
before 10 April of the marketing year concerned, the ginning plantshall notify the Member State of the quantity of ginned cottonproduced from the quantity of unginned cotton taken into supervisedstorage, specifying the quantities ginned for third parties in accordancewith Article 12 of Regulation (EC) No 1051/2001. The quantity of
ginned cotton shall be established using the method set out in Annex II.
Article 7
Advancesontheaid
1. From the start of supervised storage, but not before 16 October of
the marketing year concerned, the Member States shall grant those
concerned an advance on the aid, provided a security equal to at least110 % of the advance islodged. The advance s hall be paid within 20daysfollowing the application therefor.
At the request of the parties concerned, advances paid before 16
December of the marketing year concerned shall, where applicable, beincreased in accordance with the second subparagraph of Article 14(3)of Regulation (EC) No 1051/2001. Such requests shall be accompanied
by an additional security set at a level that will ensure compliance with
the first subparagraph.
2. The amount of the advance in euro per 100 kilogramss hall be
equal to the guide price referred to in Article 3(1) of Regulation (EC)
No 1051/2001, less:
(a) the world market price referred to in Article 2 of thisRegulation;
and
(b) the provisional reduction of the guide price referred to in Article
16(1) or (2) of thisRegulation, asthe cas e may be.
The advance to be paid shall be equal to the amount referred to in the
first subparagraph valid on the day on which the application for super-vised storage was submitted, multiplied by the quantities covered bythe application for the advance.
3. Regulation (EEC) No 2220/85 shall apply to the securities
provided for in thisArticle.
Notwithstanding Article 19(1)(a) of Regulation (EEC) No 2220/85, the
security on the advance shall be released:
(a) up to 60 % not before 1 April of the marketing year concerned, for
the quantitiescomplying with the requirement referred to in the
first subparagraph of Article 6(6); and
(b) in full, between the first and the 15th day following payment of the
balance of the aid referred to in the second subparagraph of Article14(2) of Regulation (EC) No 1051/2001, in proportion to the quan-titiesfor which the Member State hasgranted the aid.2001R1591 — EN — 23.08.2002 — 001.001 — 7
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However, where significant irregularities are found, all the available
securities lodged by the ginning plant and the marketing yearconcerned shall be released in accordance with point (b) of the second
subparagraph.
The security shall be forfeited in proportion to the amount by which
the advance paid exceedsthe amount of the aid to be granted.
Article 8
Advanceontheminimumprice
No more than 30 days after submitting the application for supervised
storage, all ginning plants as referred to in Article 11 of Regulation(EC) No 1051/2001 shall pay the producers, for the quantities coveredby the application, an advance on the minimum price taking account
of:
(a) the provisional reductions of the guide price referred to in Article
16(1) and (2); and
(b) the quality of the product delivered, in accordance with the second
indent of Article 11(a) of Regulation (EC) No 1051/2001.
However, where the advance on the minimum price referred to in the
preceding paragraph relates to quantities placed in supervised storage
between 1 and 25 September of the marketing year in question, the
advance shall be paid to the producer between the following 16 and26 October.
Article 9
Declarationofareassown
1. Before the final date set by the Member State, all Community
cotton growers shall submit an application form for area aid, asprovided for under the integrated administration and control system,by way of a declaration of areass own for the following marketingyear. The agricultural plot or plotsconcerned s hall be identified in
accordance with the system for identifying agricultural plots provided
for under the integrated administration and control system. Whereapplicable, growers shall submit a corrected declaration to take accountof the area actually sown to cotton by the date fixed by the MemberState, and no later than 31 May preceding the marketing year
concerned.
2. If the areas declared differ from those found during the inspec-
tions, the Member States shall adjust the declarations concerned.Without prejudice to the penaltieslaid down in accordance with Article14(1), the Member States shall take account of these adjustments when
determining the total area declared.
Article 10
Contract
1. When unginned cotton is taken into supervised storage at the
latest, ginning plants shall submit one or more contracts for each batch
to the competent body.
2. Contracts shall contain at least the following particulars:
(a) the names, forenames, addresses and signatures of the contracting
parties;
(b) the date of signing and the year of sowing;
(c) the area, expressed in hectares and ares, with identification of the
agricultural plot or plots in accordance with the system for identi-fying agricultural plotslaid down under the integratedadministration and control system;
(d) a reference to the declaration of areass own to cotton; however, if
the declaration isnot available when the contract isconcluded, areference to it shall be added to the contract as soon as the declara-2001R1591 — EN — 23.08.2002 — 001.001 — 8
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tion is submitted and in all cases no later than 1 June preceding the
marketing year concerned;
(e) the quantity harvested on the area referred to at (c) covered by the
contract or, if the contract isconcluded before harves ting, anundertaking by the producer to deliver, and by the purchaser to
take delivery of, the quantity harvested on the area concerned. In
this case, the contracting parties shall estimate quantity on the basisof the historical yields recorded in the region concerned;
(f) the selling price of the unginned cotton by unit of weight, with the
following specifications:
(i) the selling price is fixed for cotton of the standard quality laid
down for the guide price, ex-holding; the adjustments to bemade to that price to take account of the difference betweenthe standard quality and the quality of the delivered cottonshall be determined by mutual agreement in accordance with
the second indent of Article 11(a) of Regulation (EC) No
1051/2001;
(ii) where Article 7 and, where applicable, Article 8 of Regulation
(EC) No 1051/2001 are applied, the selling price shall beadapted by the respective resulting amounts;
(g) the termsof payment of the advance on the minimum price and of
the selling price, particularly as regards the time limits, adjustmentsfor quality, and method for calculating those amounts.
Article 11
Ginningonbehalfofthirdparties
1. Notwithstanding Article 10, this Article shall apply where the
cotton isto be ginned on behalf of an individual producer or a producer
group in accordance with Article 12 of Regulation (EC) No 1051/2001.
2. No later than 10 daysbefore the date on which the firs t quantity
concerned is taken into supervised storage, ginning plants shall lodge a
declaration of ginning on behalf of third partieswith the competent
body.
3. The declaration shall include:
(a) the names, addresses and signatures of the parties concerned;
(b) how the ginning plant isto adminis ter the applicationsprovided for
in Article 5 and the applications for supervised storage provided for
in Article 6;
(c) how the ginning plant isto ens ure that the individual producersor
producer groups, as the case may be, have complied with the obli-
gationsgiving them entitlement to the aid;
(d) an undertaking that the aid and the advance thereon will be passed
on to the contracting individual producer or producer group, asthecase may be.
Thisundertaking isfulfilled where the group furnis hesproof that it has
undertaken to pay each member at least the minimum price, adjusted in
accordance with Article 11(a) of Regulation (EC) No 1051/2001. To
that end, the producer group shall supply, in particular, the price atwhich the producersdeliver the unginned cotton, in accordance withArticle 10(2)(f) and (g).
4. Article 10(2)(d) shall analogously apply where the cotton is
ginned on behalf of an individual producer or a producer group.
Without prejudice to Articles5 and 6, aid applicationsand applications
for supervised storage shall include a reference to the declaration of
ginning on behalf of a third party.
The competent body may forward the documentsreferred to in Articles
5 and 6 relating to the aid application and the application for super-vised storage to the individual producer or producer group concerned,upon request.2001R1591 — EN — 23.08.2002 — 001.001 — 9
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Article 12
Stockrecords
The stock records provided for in Article 11(c) of Regulation (EC) No
1051/2001 shall contain at least the following information, separatelyin respect of cotton harvested inside and outside the Community:
(a) the quantity of ginned cotton produced, with reference to the
unginned cotton taken into supervised storage;
(b) the quantitiesof unginned cotton, ginned cotton, s eed and cotton
linters in stock on the first day of each month;
(c) for each batch of productsasreferred to at point (b), the quantity
concerned and the number of the receipt or invoice or any otherequivalent document issued per batch;
(d) for each batch of productsasreferred to at point (b) leaving the
ginning plant, the quantity concerned and the number of the receiptor invoice or any other equivalent document issued per batch.
Article 13
Checks
1. The inspection body appointed by the producer Member State
shall verify:
(a) that the declarationsof areass own to cotton are accurate by an on-
the-spot check of not less than 5 % of the declarations, to be
carried out no later than 15 November of the marketing yearconcerned;
(b) that the requirementslaid down in Article 10 are complied with;
(c) that the quantity of cotton covered by aid applications are consis-
tent with the total quantity of unginned cotton produced on the
areasindicated in the contracts ;
(d) the accuracy of the quantitiesof ginned cotton communicated by
the ginning plants in accordance with the second subparagraph of
Article 6(6);
(e) that the stock records provided for in Article 11(c) of Regulation
(EC) No 1051/2001 have been kept in accordance with Article 12
of this Regulation. In particular, checks shall establish whether theinvoicesand other documentsreferred to in Article 12 have beensigned by identifiable operators who can, if necessary, demonstratethe origin of the unginned cotton to the satisfaction of the Member
State concerned;
(f) by cross-checks, that the agricultural plots mentioned in the
contracts correspond to those declared by the growers in their
declaration of areass own to cotton.
2. Where irregularitiesare found in connection with the declaration
of areasreferred to in Article 9, s ubject to the application of penaltiesasreferred to in Article 14(1), aid s hall be granted for the quantity of
cotton for which all the other requirementshave been met.
3. Where several bodies are responsible for the inspection arrange-
ments, the Member State shall establish a system of coordination tothisend.
Article 14
Penalties
1. Member States shall establish penalty arrangements for violations
of this Regulation and shall take any measure necessary to ensure their
application. The penalties shall be effective, proportionate and dissua-sive. The Member States shall notify the Commission of thesearrangements no later than 31 December 2001, and any subsequentamendments thereto as soon as possible.2001R1591 — EN — 23.08.2002 — 001.001 — 10
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2. Without prejudice to the penaltieslaid down by the Member State
for the marketing year concerned:
(a) any ginning plant making a false declaration intentionally or as a
result of serious negligence shall be excluded from the aid schemefor the following marketing year;
(b) any producer group failing to comply with the provisions referred
to in Article 11(3)(d) shall be excluded from the aid scheme for
the following marketing year.
3. Except in cases of force majeure , where aid applicationsare
lodged after 31 March of the marketing year concerned, the amountof the aid applying on that date shall be reduced by 1 % per working
day of delay. Applications submitted more than 25 days late shall be
inadmissible.
Article 15
Communications
1. The producer Member States shall communicate to the Commis-
sion the names and addresses of the bodies appointed to implement this
Regulation, ass oon asthey are appointed.
2. No later than the 15th of each month, the Member Statess hall
communicate to the Commission, specifying for each period for whicha different world market price applies:
(a) the quantitiescovered by aid applicationsduring the previous
month;
(b) the corresponding quantities taken into supervised storage during
the previousmonth.
3. No later than 30 January each year, Spain and Greece shall notify
the Commission of the measures and programmes adopted underArticle 17(1), (2) and (3) of Regulation (EC) No 1051/2001 for thefollowing marketing year.
4. Producer Member States shall notify the Commission:
(a) no later than 15 May each year:
(i) a summary of the quantities for which aid was approved for
the current marketing year, broken down for each period for
which a different world market price applies;
(ii) a summary of the quantities of cotton ginned for the current
marketing year on the behalf of individual producersorproducer groupsin accordance with Article 12 of Regulation(EC) No 1051/2001;
(iii) the average quality of ginned cotton and average yieldsof
ginned cotton and cotton seed recorded during the currentmarketing year;
(iv) a summary of the quantities satisfying the characteristics of
actual production as referred to in the second subparagraph ofArticle 16(3) delivered by the producersto the ginning plants ;
(v) a summary of the quantities delivered by the producers to the
ginning plantsbut not approved for aid for the currentmarketing year, broken down by exclusion category;
(b) no later than 31 August each year:
(i) the areas sown to cotton during the current year, where neces-
sary adjusted in accordance with Article 9(2);
(ii) an estimate of the corresponding production of unginned
cotton;
(c) no later than 25 November each year:
(i) the most recent figures on quantities placed in supervised
storage;
(ii) the revised production estimate for unginned cotton.2001R1591 — EN — 23.08.2002 — 001.001 — 11
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5. Where significant irregularities are found, particularly where they
concern 5 % or more of the areasins pected under Article 13(1)(a), theMember States shall so inform the Commission without delay, stating
what measures have been adopted.
6. Where a Member State decides under the second subparagraph of
Article 6(3) to fix a final date earlier than 31 March for the submission
of applications for supervised storage, it shall adopt the new date no
later than 30 days before that date and shall inform the Commissionthereof immediately.
Where a Member State decides under the second subparagraph of
Article 6(3) to authorise taking into supervised storage during the lastfive days of March, it shall inform the Commission thereof not lessthan 10 daysbefore that period.
7. No later than 30 September each year, producer Member States
shall communicate the penalties imposed or being considered underArticle 14(1) and (2) for the preceding marketing year.
Article 16
Determiningestimatedandactualproduction
1. The estimated production of unginned cotton referred to in the
first subparagraph of Article 14(3) of Regulation (EC) No 1051/2001
and the resulting provisional reduction of the guide price shall beestablished before 10 September of the marketing year concerned.
2. The revised production estimate referred to in the second subpar-
agraph of Article 14(3) of Regulation (EC) No 1051/2001 and theresulting new provisional reduction in the guide price shall be estab-lished before 1 December of the marketing year concerned.
3. The actual production, the reduction in the objective guide price
referred to in Article 7 of Regulation (EC) No 1051/2001 and anyincrease in the aid as referred to in Article 8 of that Regulation shallbe established before 15 June of the marketing year concerned.
Actual production as referred to in the first subparagraph shall be the
total production of unginned cotton of sound, fair and merchantablequality from areasdeclared under Article 9 and not excluded from theaid scheme by virtue of Article 17(3) of Regulation (EC) No 1051/2001, and which hasbeen delivered by the producersto the ginning
plants.
Article 17
Transitionalmeasures
For the 2001/02 marketing year, the declarationsof areass own referred
to in Article 8 of Regulation (EEC) No 1201/89 and the contractsand
declarationsof ginning asreferred to in Article 10 of that Regulation
submitted before 1 September 2001 shall be considered equivalent todeclarationsof areass own, contractsand declarationsof ginning onbehalf of third partiesasreferred to in Articles9, 10 and 11 of thisRegulation, respectively.
Article 18
RepealofRegulations
Regulation (EEC) No 1201/89 ishereby repealed with effect from 1
September 2001.
Article 19
ThisRegulation s hall enter into force on the day following itspublica-
tion in the Official Journal of the European Communities .2001R1591 — EN — 23.08.2002 — 001.001 — 12
▼M1
▼B
▼M1
▼B
▼B
It shall apply from 1 September 2001.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2001R1591 — EN — 23.08.2002 — 001.001 — 13
▼B
ANNEX I
Coefficientsofequivalenceforginnedcotton
Increase or reduction of price by:
(a) 1 % for each mm more or less than 28 mm;
(b) 1,5 % for each half grade higher or lower than grade 5.2001R1591 — EN — 23.08.2002 — 001.001 — 14
▼B
ANNEX II
Determinationoftheweightofabatchofginnedcotton
1. A batch of ginned cotton meansa ball of ginned cotton asproduced by the
undertaking in question.
2. Without prejudice to point 4, the actual weight of a batch of ginned cotton is
to be increased by 0,6 % for each half-point of moisture below 8,5 % and
reduced by the same percentage for each half-point of moisture above 8,5 %.
The moisture content of a batch:
— is established by the inspection body appointed by the Member State by
taking samples from at least 5 % of the batches produced by each ginning
plant, or
— isequal to the average mois ture content recorded for each ginning plant
as a result of sampling as referred to in the first indent if the batch
concerned hasnot been s ampled. Thisimpurity content isto be commu-
nicated to the ginning plant by the inspection body.
3. Without prejudice to point 4, the actual weight of a batch of ginned cotton is
to be adjusted as follows:
(a) for batchesgraded by the ins pection body appointed by the Member
State, the table below applies:
GradePercentage by which the weight is
adjusted
3,5 and less plus 1,5
4 plus1
4,5 plus0,5
5—
5,5 less 0,5
6 less 1
6,5 less 1,5
7 less 2
7,5 less 2,5
8 less 48,5 and more less 5
(b) for batchesnot graded by the ins pection body appointed by the Member
State, the actual weight isadjus ted by taking into account the average
impurity content recorded for each ginning plant on the basis of samples
taken by the inspection body from at least 5 % of the ungraded batches.
Thisimpurity content isto be communicated to the ginning plant by the
inspection body.
The actual weight isto be increas ed by 0,6 % for each half-point of
impuritiesbelow 2,5 % and reduced by the s ame percentage for each
half-point of impuritiesabove 2,5 %.
4. However, if the ginned cotton is not stored under normal storage conditions,
in particular if it isnot kept in a dry place or if the mois ture content of the
outer layersof the bale exceedsthe limitspractis ed by the trade, the determi-
nation of weight asdes cribed above may proceed only after the limits
practised by the trade are complied with.2001R1591 — EN — 23.08.2002 — 001.001 — 15