1997R0661 — EN — 20.04.1997 — 000.001 — 1
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►B COMMISSION REGULATION (EC) No 661/97
of 16 April 1997
laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards
the system of quotas for processed tomato products
(OJ L 100, 17.4.1997, p. 41)
Corrected by:
►C1Corrigendum, OJ L 123, 15.5.1997, p. 25 (661/97)
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▼B
COMMISSION REGULATION (EC) No 661/97
of 16 April 1997
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 2201/96 as regards the system of quotas for processed
tomato products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96of 28 October
1996on the common organization of the markets in processed fruit andvegetable products(
1), and in particular Article 6(5) thereof,
Whereas Article 6(4) of Regulation (EC) No 2201/96lays down rules
for sharing out quantities of fresh tomatoes for the production ofprocessed products granting entitlement to production aid between thevarious undertakings that commenced processing three marketing yearsbefore that for which the allocation is made; whereas rules should alsobe laid down as to how quantities are to be shared out among undertak-ings that commenced processing less than three years before themarketing year for which allocation is made; whereas the conditions tobe met by undertakings in order to qualify for such quantities mustaccordingly be determined;
Whereas the detailed rules for the application of the system of produc-
tion aid for products processed from fruit and vegetables were laiddown in Commission Regulation (EC) No 504/97 (
2);
Whereas, with a view to some development of the tomato-processing
industry’s production structures, a percentage of the quantities of eachgroup of finished products allocated to the Member States should bereserved for new undertakings; whereas, since the quantities availableare limited, only undertakings providing guarantees of efficiency anddurability should be allocated quantities;
Whereas, pursuant to Article 6(4) of Regulation (EC) No 2201/96 ,
quantities actually produced during the 1996/97 marketing year are nottaken into account when the rules for allocating quantities to processingundertakings are applied; whereas the consequences should be drawnfor undertakings regarded as new during the 1996/97 marketing yearand for all the other undertakings concerned until 1999/2000;
Whereas the competent authorities allocate to each processing under-
taking the quantities of fresh tomatoes which may be used to producefinished products conferring entitlement to the aid; whereas such alloca-tion must be based on information forwarded by the undertakings;whereas, if there are doubts as to the accuracy of the informationreceived, the competent authorities must be authorized to defer alloca-tion until such doubts have been dispelled;
Whereas, in order for the quota system to be as efficient as possible
within each Member State, quantities not allocated and quantities allo-cated but not used should be redistributed fairly among their undertak-ings that sign contracts covering such additional quantities;
Whereas the allocation of a specific quota to each undertaking means
that the production aid is paid in respect of a fixed quantity only;whereas the objective of the arrangements is met if quotas allocated toundertakings can be transferred to others where they change hands;whereas such changes of ownership, which may be total or partial, mustentail a proportional transfer of quota rights; whereas, in the event ofmergers between undertakings operating in the same Member State, thetransfer of rights to the undertaking resulting from the merger shouldalso be permitted;
(1) OJ No L 297, 21. 11. 1996, p. 29.
(2) OJ No L 78, 20. 3. 1997, p. 14.
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Whereas, with a view to a better enforcement of processing contracts,
processors should process quantities covered by such contracts beforestarting to process others;
Whereas the measures set out in this Regulation should replace those in
Commission Regulation (EEC) No 1794/93 of 30 June 1993 layingdown detailed rules for the application of production aid for processedtomato products(
1); whereas that Regulation should therefore be
repealed;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Processed Fruit andVegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. The allocation provided for in Article 6(4) of Regulation (EC) No
2201/96shall be made by the Member States by 31 May preceding eachmarketing year.
2. Undertakings which meet the conditions pursuant to Article 3 of
Regulation (EC) No 504/97 and which
— have submitted production aid applications in respect of at least one
of the three marketing years preceding that for which allocation ismade, or
— commence their activity during the marketing year for which alloca-
tion is made,
may be allocated quantities pursuant to paragraph 1.
Article 2
Without prejudice to Article 3, quantities shall be allocated pursuant to
Article 1 (1) to all undertakings concerned in proportion to the averagequantities they produced and sold at least at the minimum price duringthe three marketing years preceding that for which allocation is made.
However, undertakings which commenced production during:
(a) the penultimate marketing year preceding that for which allocation
is made, shall qualify for a quota based on the average quantitiesthey produced and sold at least at the minimum price during the twomarketing years preceding the marketing year in question;
(b) the marketing year preceding that for which allocation is made,
shall qualify for a quota corresponding to the average quantitiesthey produced and sold at least at the minimum price during thatmarketing year.
Article 3
1. New processing undertakings which commence production of any
finished tomato product during the marketing year for which the alloca-tion is made shall qualify for a production quota under the conditionsset out in the second subparagraph, on condition that they providesufficient guarantees to the satisfaction of the competent authoritiesregarding their efficiency and durability.
Producer Member States shall reserve 2 % of the total quantities of
fresh tomatoes fixed for each group of finished products for thepurposes of allocating quotas to undertakings as referred to in the firstsubparagraph. The quota allocated to each undertaking may not exceed70 % of its processing capacity.
2. For the purposes of this Regulation, ‘new undertaking'means an
undertaking with plant and equipment suitable for the production of agroup of finished tomato products and which did not qualify under the
(1) OJ No L 163, 6. 7. 1993, p. 23.
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quota arrangements for the group in question for any of the threemarketing years preceding that for which allocation is made.
Article 4
For the 1997/98 marketing year, undertakings which qualified in the
1996/97 marketing year for quotas reserved for new undertakings shallqualify for a quota equal to the quantities that they have actuallyproduced in that marketing year, provided that the overall quota allo-cated in 1996/97 is not exceeded.
Member States shall, where applicable, take account of the quantities
referred to in the first subparagraph when applying Article 2 for the1997/98 marketing year.
Article 5
Where the quantities referred to in Articles 2, 3 and 4 have not been
allocated in full, the remainder shall be divided fairly between applicantprocessing undertakings as referred to in the first subparagraph ofArticle 2, account being taken in particular of those undertakings usingnew production technology.
Article 6
1. By 15 January preceding the marketing year in which allocation is
made, processing undertakings as referred to in Article 3 shall informthe competent authorities of their processing capacity and of the quant-ities of raw material that they intend to process. The quantities of rawmaterial shall be broken down into:
(a) tomato concentrate, expressed as concentrate with a dry weight
content of 28 % or more but less than 30 %;
(b) preserved whole peeled tomatoes;
(c) other tomato products.
2. By way of an exception in duly justified cases, Member States
may accept information forwarded after the time limit laid down inparagraph 1, provided the quantities referred to in the second subpara-graph of Article 3 (1) are not exceeded.
Article 7
1. Whereas the competent authorities of Member States have
checked that the aid applications comply with Article 12 of Regulation(EC) No 504/97, and when they are in possession of all the particularsneeded for allocation pursuant to Articles 2 to 5 of this Regulation, theyshall allocate a given quantity of fresh tomatoes to each processingundertaking. That quantity shall be broken down into quantities for theproduction of:
— tomato concentrate,
— preserved whole peeled tomatoes,— other tomato products.
2. Where Member States note that the overall quantity allocated to
their processing undertakings is not covered by preliminary contractsand processing contracts as provided for respectively in Article 6and inArticle 7 of Regulation (EC) No 504/97 for a given marketing year,they may decide to allocate the unused quantity among processingundertakings which declare that they are prepared to concludeprocessing contracts covering the additional quantities. Such additionalquantities of fresh tomatoes shall only be allocated for the marketingyear in question.
Member States may allocate the additional quantities until 15 October
each year. The obligation to conclude preliminary contracts as referredto above covering the reallocated quantities for the purposes of the aidshall be waived in respect of undertakings notified that they have beenallocated additional quantities by the competent authorities. Processingcontracts covering such quantities shall be concluded by 25 October.
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3. In the event of proven or suspected irregularities and where
administrative or judicial inquiries have been initiated to ascertain enti-tlement to the aid, the competent authorities may decide not to allocatethe quantity at issue until the dispute is settled.
Article 8
1. Where undertakings change hands, the provisions set out in the
following points (a) and (b) shall apply:
(a) where processors qualifying for processing quotas dispose of their
undertakings in any manner, they must transfer all their rightsarising from the allocation as referred to in Articles 2 to 5 to thenatural or legal person who takes over the business;
(b) where processors qualifying for processing quotas and having two
or more plants for the production of finished tomato productsdispose of one or more of those plants in any manner, they musttransfer a proportion of the rights as referred to in point (a) corre-sponding to the production of the plant(s) thus sold or transferred tothe natural or legal person who takes over the business.
Processors may in no circumstances transfer their quota rights without
transferring their plant(s).
Where undertakings change hands in accordance with the first subpara-
graph, the processors concerned shall notify the competent authorities ofthe Member State in question.
2. In the case of mergers of undertakings, Member States in whose
territory the relevant undertakings operate shall authorize the transfer ofquota rights between the former processing undertakings and thoseresulting from the merger.
3. In the cases referred to in paragraphs 1 and 2, Member States shall
take the measures necessary to ensure that transfers of quotas do nothave adverse effects on the quota arrangements.
Article 9
Undertakings must have completed the processing of all fresh tomatoes
delivered under contracts as referred to in Article 7 of Regulation (EC)No 504/97 before processing other tomatoes.
Member States shall take the measures necessary to verify compliance
with the first paragraph.
Article 10
Member States shall take all steps necessary to ensure that:
— the overall quantity allocated per Member State and per group of
products pursuant to Article 6(3) of Regulation (EC) No 2201/96isnot exceeded,
— the quantities referred to in Articles 5 and 7 (2) are allocated fairly
among the undertakings.
Article 11
►
C1Regulation (EEC) No 1794/93 ◄is hereby repealed.
Article 12
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.