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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 2173/92
of 30 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 Canary Islands
(OJ L 217, 31.7.1992, p. 56)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1445/93 of 11 June 1993 L142 27 12.6.1993
►M2Commission Regulation (EC) No 1363/95 of 15 June 1995 L132 8 16.6.1995
►M3Commission Regulation (EC) No 2153/98 of 7 October 1998 L271 11 8.10.1998
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COMMISSION REGULATION (EEC) No 2173/92
of 30 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 Canary Islands
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June
1992concerningspecificmeasuresfortheCanaryIslandswithregardtocertainagriculturalproducts(
1),andinparticularArticles15(5),16(5)
and 17 (2) thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985onthevalueoftheunitofaccountandtheconversionratestobeapplied for the purposes of the common agricultural policy(
2), as last
amendedbyRegulation(EEC)No2205/90(3),andinparticularArticle
12 thereof,
Whereas Regulation (EEC) No 1601/92 introduces an aid scheme for
the implementation of programmes of initiatives on behalf of theCanary Islands in respect of fruit, vegetables, plants and flowers;whereas detailed rules should be adopted for the application of thisscheme;whereastherulesconcernthespecificationoftheworkswhichmay be included in the programmes of initiatives, the definition of themeasures to be adopted as part of the technical assistance to producergroups, the procedure for accepting the programmes of initiatives andtheir monitoring and implementation;
Whereas the rules relating to the undertaking of an economic analysis
andforwardstudyofthefruitandvegetableprocessingindustryintheCanary Islands should be adopted;
Whereas, as regards aid measures for marketing, it is necessary to
definetheconceptofanannualcontract,tospecifythebasisofassess-ment to be adopted for the calculation of the aid and to adopt thedetailed rules on apportionment of aid where the quantity of 10000tonnes for each product and year as laid down in Article 16 (1) ofRegulation (EEC) No 1601/92 is exceeded;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the joint opinion of the Management Committees for Fruit andVegetables and Processed Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down detailed rules for the grant of Community
assistance to undertake programmes of initiatives and for the grant ofaidformarketingunderannualcontracts,asprovidedforinArticles15and 16 of Council Regulation (EEC) No 1601/92.
It also lays down general rules relating to the economic study on the
processed fruit and vegetable industry.
(1) OJ No L 173, 27. 6. 1992, p. 13.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
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TITLE I
Aid for programmes of initiatives
Article 2
The programmes of initiatives for the expansion of production and/or
thequantitativeimprovementoftheproductsreferredtoinArticle15ofRegulation (EEC) No 1601/92 relate to one or more of the followingmeasures:
— developingproduction,inparticularbynewplantingsornewcrops,
— varietal improvements to improve productivity and to bring about
adjustments in respects to environmental conditions and marketdemand,
— the adoption of cultivation techniques specific to the climatic and
physical conditions in the region,
— the planting and cultivation of experimental crops in conjunction
with research centres.
Article 3
The additional aid provided for in Article 15 (3) of Regulation (EEC)
No 1601/92 shall be paid where programmes of initiatives:
— aresubmittedbyaproducergroupororganizationrecognizedunder
Council Regulations (EEC) No 1360/78(
1) and (EEC) No 1035/
72(2) respectively, and
— are drawn up and implemented with the assistance, or under the
supervision,oftechnicalspecialistsinthecropsinquestionwhoarenotmembersoftheabovementionedgroupsororganizations.Assis-tance shall cover in particular one or more of the following objec-tives:
— adapting crop production,
— choosing the most appropriate varieties,— cultivation techniques suitable for local crops and conditions.
Article 4
1. Draftprogrammesofinitiativesshallbesubmittedeachyeartothe
competent authorities, before a date to be set by them. They shall besubmitted in accordance with the model set out in Annex I hereto andshall be accompanied by all appropriate information requested.
2. The competent authorities shall ensure that:
— theprogrammeofinitiativescomplieswiththeobjectivesofRegula-
tion (EEC) No 1601/92 and with the provisions of this Regulation,
— the draft programme displays economic coherence and technical
qualityandthattheestimatesandthefinancingplan,aswellastheprogramming of its implementation, are all justified,
— the information given in the draft programme is correct.
The authorities shall carry out all appropriate checks, including on-site
inspections where necessary.
3. The competent authorities shall decide to accept or reject the
programmeswithinthreemonthsfromtheendoftheperiodlaiddownforthesubmissionofdrafts.Theymaymakeapprovalconditionaluponamendment of the draft so that it conforms to Community rules andregulations. The decision may be made later than the above deadlinewhere an additional appraisal is made by the authorities or whereamendments are requested by them.
4. Each year, and at least 30 days before the end of the period
specified in paragraph 3, the competent authorities shall send theCommission a summary sheet for each programme likely to be
(1) OJ No L 166, 23. 6. 1978, p. 1.
(2) OJ No L 118, 20. 5. 1972, p. 1.
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approved, in accordance with the outline given in Annex I. TheCommission may ask for further information and make observationsbefore the end of the period laid down for the approval or rejection ofthe programmes of initiatives.
5. The programme may be amended during implementation where
such amendments can be justified for technical reasons, without,however,beingintendedtoextendtheimplementationphaseoriginallyprovidedfor.Thecompetentauthoritiesshalltakeallappropriatemeas-ures to approve or reject the said amendments.
Theapprovalorrejectionprocedureaslaiddowninparagraphs3and4
shall be followed.
6. While the programme of initiatives is being implemented, the
competent authorities shall verify on a regular basis the progress madein programme implementation, the conformity of the measures on atechnical and financial level and the veracity of the supporting docu-ments submitted. Each programme of initiatives shall give rise to atleast one on-the-spot check during its implementation.
7. Each year the producers, producer groups or producers’ organ-
izationsshallsubmitapplicationsforassistancebeforeadatestipulatedby the competent authorities.
Article 5
Eachyear,andbefore31Octoberatthelatest,thecompetentauthorities
shall send the Commission a report summarizing the progress made inimplementing the approved programmes and the results of the checkscarriedout.TheyshallalsoprovidetheCommissionwithallappropriateinformation where difficulties of implementation arise which are liableto affect adversely the successful completion of the commitmentsenteredintobytheoperatorstoevaluatetheapplicationofArticle15ofRegulation (EEC) No 1601/92.
Article 6
Measures already in receipt of financial assistance or which are the
subject of a request for assistance from the existing Structural Fundsshall not be eligible under this Regulation.
TITLE II
Study on processed fruit and vegetables
Article 7
1. The competent authorities shall be responsible for awarding the
study by means of an invitation to tender.
2. The draft invitation to tender, including the contract conditions,
shall be sent to the Commission by the competent authorities. TheCommissionshallcommentonthedraft,whereappropriate,withinonemonth following its receipt.
3. The competent authorities shall forward the final study to the
Commission, which shall put forward its observations, where appro-priate, within 45 days following receipt of the study.
4. PaymentoftheCommunitycontributionshallbeconditionalupon:
— compliance with the provisions of Article 17 of Regulation (EEC)
No 1601/92, the contract specifications and the comments putforward,
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— payment of the Spanish public authorities’ contribution.
TITLE III
Aid for marketing under annual contracts
Article 8
1. For the purposes of Article 16 of Regulation (EEC) No 1601/92,
‘annualcontract'meansacontractbywhichanoperator,eitheranaturalor legal person established elsewhere in the Community, undertakes,beforethebeginningofthemarketingperiodfortheproductorproductsin question, to purchase all or part of the production of a singleproducer, producers’ association or producers’ union in the CanaryIslands, with a view to marketing it outside the area of production.
2. Operators who intend to submit an application for aid shall send
theannualcontracttothecompetentSpanishauthoritiesbeforethestartof the marketing period for the product or products in question.
The contract shall at the very least include the following information:
(a) the business names of the Contracting Parties and their place of
establishment;
(b) the description of the products;
(c) the quantities concerned;
(d) the duration of the commitment;
(e) the marketing schedule;
(f) thepackagingandpresentationmethodandtheinformationrelating
to transport (conditions and costs);
(g) the exact delivery stage.
3. Thecompetentauthoritiesshallassessthecontractsforconformity
withtheprovisionsofArticle16ofRegulation(EEC)No1601/92andwith this Regulation.
Theyshallverifythatthecontractscontainalltheinformationspecified
in paragraph 2 above.
They shall indicate whether paragraph 6 is likely to be applied.4. For the purpose of calculating the aid, the value of marketed
production,deliveredtodestinationzone,shallbeevaluatedinecusonthebasisoftheannualcontract,theparticulartransportdocumentsandanyothersupportingdocumentssubmittedtojustifytheapplicationforpayment.
Thevalueofthemarketedproductiontobetakenintoaccountshallbe
equivalenttothatofadeliveryatthefirstportorairportofunloading.
The competent authorities may request any information or additional
supporting documentation appropriate for calculating the aid.
5. Applications for aid shall be submitted by the buyer who entered
into the commitment to market the product in the month following theend of the marketing period.
Where the management of the aid scheme so requires, the competent
authorities may specify marketing periods or years for each product.
6. Where, for a given product, the quantities for which aid is
requested exceed the volume of 10000 tonnes laid down in Article 16(1) of Regulation (EEC) No 1601/92, the aid shall be awarded to theapplicantbuyersinproportiontothequantitiesactuallymarketedunderthe annual contracts.
7. The increase in aid provided for in Article 16 (4) of Regulation
(EEC) No 1601/92 shall be paid on presentation of the commitmentsentered into by the partners to pool, for a period of not less than threeyears, the knowledge and know-how required to achieve the objectiveof the joint venture. These commitments shall include a clause prohi-
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bitingcancellationofthecontractbeforetheendoftheaforementionedthree-year period. This period may not begin before 1 July 1992.
Wheretheaforementionedcommitmentsarebroken,thebuyermaynot
submit an application for aid for the marketing year concerned.
TITLE IV
General provisions and financing
Article 9
1. ApplicationsforCommunityaidfortheprogrammesofinitiatives
and for marketing shall be submitted, in accordance with Annexes IIand III, to the competent Spanish authorities.
2. The applications shall be accompanied by invoices and all other
supporting documents relating to the measures undertaken.
In the case of programmes of initiatives, the invoices or supporting
documentsshallcontainareferencetothatpartoftheprogrammeareato which the work instalments refer.
3. Thecompetentauthorities,havingverifiedtheapplicationsforaid
and the relative supporting documents, shall pay out, in the►
M3three◄months following the filing of the relevant application
for aid, the contribution of the Member State and the CommunitycontributiondeterminedinaccordancewithArticles15and16ofRegu-lation (EEC) No 1601/92. The contribution of the Member Stateconcerned may not be paid out later than the Community contribution.
▼
M1
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Article 11
1. Where aid has been paid out unduly, the competent authorities
shallrecoverthesumspaidout,withinterestfromthedateonwhichtheaid was paid out to the date on which it was actually recovered. Theapplicable rate of interest shall be that in force for similar recoveryoperations under national law.
2. Theaidrecoveredand,whereapplicable,interestshallbepaidto
the disbursing authorities or paying agencies and deducted by themfrom the expenditure financed by the European Agricultural Guidanceand Guarantee Fund in proportion to the Community contribution.
Article 12
The competent authorities shall send the Commission, within three
monthsfollowingtheentryintoforceofthisRegulation,theadditionaldetailed rules adopted for the application of Articles 15, 16 and 17 ofRegulation (EEC) No 1601/92.
TITLE V
Final provisions
Article 13
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX I
DESCRIPTION OF THE PROGRAMME OF INITIATIVES
A.Demarcation of the geographical area involved and precise geographical
identification of the parcels covered by the programme .
B.Description of the position at the start of the programme as regards:
1.Production:
— number of holdings, cultivated area, yield per hectare, volume of
production harvested. This information must be broken down byproduct,
— technical infrastructure of the holdings.
2.Technical assistance
C.Production potential — aims and prospective outlets
D.Programme aims in regard to:
1.the means of production:
— development of production, in particular by new plantings or new
crops,
— varietalimprovementstoincreaseproductivityandtoadjusttoenvir-
onmental conditions,
— adoptionofcultivationtechniquesspecifictotheclimaticandphysical
conditions of the region,
— planting and cultivation of experimental crops in conjunction with
research centres.
2.Technical assistance linked to production (conversion of production and
cultivation techniques)
E.Investments required
1. Total cost of the plan, broken down by measure proposed.
2. Anticipated cost broken down by year of implementation.
F.Expected time limit for completion and annual phasing of implementa-
tion(over a minimum period of three years) .
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ANNEX II

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To be completed by the Member State
National
currencyNumber of
hectaresUnit cost per
ha (in
national
currency)Conversion
rateUnit cost per
ha (in ecus)
1. Total expenditure
— Year one:
— Year two:— Year three:
Total
2. Producers’ contribution
— Year one:
— Year two:— Year three:
Total
3. Member State’s contribution
— Year one:
— Year two:— Year three:
Total
4. Total contributions of Produ-
cers and Member State:
5. Community contributions:
— Year one:— Year two:
Total
6. Maximum amount of Commu-
nity contributions:►(1)603,75◄
cfr 4
7. Definitive Community contri-
bution:
(in national currency)
Increase in aid per hectare Amount
Provision of technical assistance for supervision and crop management
1. Invoice No ........................................... dated ..........................................
2.3.
Hectares involved
(minimum 2 ha)
Annual amount to be paid ►(2)ECU 120,75/ha ◄×conversion rate
►(1)M2
►(2)M2
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ANNEX III