This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B 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 overseas departments
(OJ L 201, 17.7.1998, p. 29)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2783/98 of 22 December 1998 L 347 17 23.12.1998
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999 should be
understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1998R1524 — EN — 01.01.1999 — 001.001 — 1
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 overseas departments
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 3763/91 of 16 December
1991 introducing specific measures in respect of certain agricultural productsfor the benefit of the French overseas departments (
1), as last amended by
Regulation (EC) No 2598/95 (2), and in particular Articles 2(6), 14(4) and
Article 16 thereof,
Whereas detailed rules for the application of Regulation (EEC) No 3763/91,
as amended by Regulation (EC) No 2598/95, should be adopted as regardsArticle 2 thereof which provides for the extension to certain processed fruit ofthe measures to promote the supply of the French overseas departments
(hereinafter referred to as ‘the FOD’), and Article 14 thereof introducing aid
for the production of processed fruit and vegetables;
Whereas common detailed rules for implementation of the specific measures
for the supply of certain agricultural products to the FOD are laid down in
Commission Regulation (EEC) No 131/92 (
3), as last amended by Regulation
(EC) No 1736/96 (4), and whereas detailed rules for the application of the
system of import licences for products processed from fruit and vegetablesare laid down in Commission Regulation (EC) No 1921/95 (
5), as amended by
Regulation (EC) No 2427/95 (6);
Whereas, pursuant to Article 2 of Regulation (EEC) No 3763/91, additional
detailed rules should be laid down which are adapted to commercial practicesas regards in particular the period of validity of licences and certificates andthe amount of the security; whereas, in addition, the forecast supply balance
for processed fruit for the FOD should be established, and the amount of aid
should be set, taking account of the advantage resulting from customs dutyexemption for products imported from third countries;
Whereas, in order to simplify the legislation, the body of this Regulation
should include the provisions adopted in Commission Regulation (EC) No
489/97 of 17 March 1997 laying down detailed rules for the application of thespecific measures adopted in respect of fresh fruit and vegetables, plants andflowers for the benefit of the French overseas departments (FOD) (
7) for
implementing the marketing and production aid schemes referred to in
Articles 13 and 15 of Regulation (EEC) No 3763/91, and Regulation (EC) No489/97 should be repealed;
Whereas, pursuant to the aforementioned Article 13, the marketing aid is to be
set on a flat rate basis for each of the product categories to be determined,
based on the average value of the products, and within the limits of annual
quantities for each product category; whereas firstly a list of products eligiblefor the aid should be drawn up based on the supply needs of the regionalmarkets, and secondly the categories should be established on the basis of the
average value of the products so covered, and finally a maximum quantity for
all the FOD should be set, providing for distribution of the quantities to beperformed by the national authorities to enable the quantities available to be
more closely matched to regional needs; whereas this requirement will allow
products to be supplied to an FOD other than the one in which the productwas harvested;!B
(1) OJ L 356, 24. 12. 1991, p. 1.
(2) OJ L 267, 9. 11. 1995, p. 5.
(3) OJ L 15, 22. 1. 1992, p. 13.
(4) OJ L 225, 6. 9. 1996, p. 3.
(5) OJ L 185, 4. 8. 1995, p. 10.
(6) OJ L 249, 17. 10. 1995, p. 12.
(7) OJ L 76, 18. 3. 1997, p. 6.1998R1524 — EN — 01.01.1999 — 001.001 — 2
Whereas specific detailed rules should be laid down to ensure that the
quantities set are monitored and the conditions for the grant of the aid aremet; whereas, to that end, a system of approval of operators in the distributionand catering sectors and mass caterers, who undertake to meet certain
requirements, will ensure satisfactory administration of the supply system;
Whereas, as regards the aid for the production of green vanilla and the aid for
the production of essential geranium and vetiver oils, an approval mechanism,firstly for preparers of dried vanilla or vanilla extracts, and secondly for localcollecting and marketing bodies, which undertake in particular to pay the aid
in full to the recipient producers and meet the control requirements, will make
it possible, within the framework of existing marketing structures, to applythese measures satisfactorily; whereas the quantities laid down in Article
13(3) of Regulation (EC) No 3763/91 are ceilings which, according to the
most recent estimates communicated by the French authorities, will not bereached in the medium term; whereas for the sake of sound administration,and taking account of the needs of the most remote regions in question, the
corresponding quantities available should be used for implementing the
marketing scheme referred to above;
Whereas, pursuant to Article 14 of Regulation (EEC) No 3763/91, firstly a list
of products eligible for the aid should be drawn up, within the limits of annualquantities established for each category and in line with the scope for the
development of local production and processing, and the amounts of the aid
should be set on the basis of the prices of local or imported raw materials, andsecondly special detailed rules should be adopted to ensure that the system is
monitored and the conditions for granting the aid are met, in particular as
regards contracts and the minimum price guaranteed to producers, andwhereas to that end it is appropriate to incorporate certain provisions ofCommission Regulation (EC) No 504/97 (
1), as amended by Regulation (EC)
No 1491/97 (2), laying down detailed rules for the application of Council
Regulation (EC) No 2201/96 (3), as amended by Regulation (EC) No
2199/97 (4), as regards the system of production aid for products processed
from fruit and vegetables;
Whereas, as regards the marketing aid under the annual contracts referred to
in Article 15 of Regulation (EEC) No 3763/91, it is necessary to define the
concept of annual contract and specify the basis to be used for calculating theamount of aid, fixed at 10 % of the value of the production marketed, free at
destination, and 13 % where Article 15(4) is applied; whereas, finally, the
mechanism for distributing the quantities benefiting from the aid should belaid down for cases in which the ceilings fixed in that Article are exceeded;
Whereas general provisions applicable to these measures as a whole,
especially those concerning control and notification, should be set out in a
final chapter;
Whereas, in order to ensure optimum implementation of the new measures,
the date of application of this Regulation should be 1 July 1998;
Whereas the measures provided for in this Regulation are in accordance with
the joint opinion of the Management Committee for Fruit and Vegetables, theManagement Committee for Products Processed from Fruit and Vegetables
and the Management Committee for Live Plants,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Aid for supply
Article 1
1. For the purposes of Article 2(1) of Regulation (EEC) No 3763/91, the
fruit and vegetable products exempt from duty on import from third countiresor receiving Community aid shall be as set out in the forecast supply balancegiven in Part A of Annex I to this Regulation.!B
(1) OJ L 78, 20. 3. 1997, p. 4.
(2) OJ L 202, 30. 7. 1997, p. 27.
(3) OJ L 297, 21. 11. 1996, p. 29.
(4) OJ L 303, 6. 11. 1997, p. 1.1998R1524 — EN — 01.01.1999 — 001.001 — 3
2. The aid provided for in Article 2(4) of Regulation (EEC) No 3763/91 for
products for which a forecast supply balance is established shall be as set outin Part B of Annex I to this Regulation.
Article 2
Subject to the specific provisions of this Regulation, Regulation (EEC) No
131/92 shall apply.
Article 3
1. France shall designate the competent authorities responsible for issuing
the import licences, exemption certificates and aid certificates provided for inArticles 2, 2a and 3 respectively of Regulation (EEC) No 131/92 and forpayment of the aid and administration of securities.
2. Licence and certificate applications shall be submitted to the competent
authority during the first five working days of any month. Applications shallbe admissible only where they do not exceed the quantity available under the
forecast balance and where the operator has lodged a security of ECU 3 per
100 kg.
3. Licences and certificates shall be issued on the 10th working day of the
month at the latest.
4. Licences and certificates shall expire on the last day of the second month
following the month in which they were issued.
5. Where, pursuant to Article 4(1) of Regulation (EEC) No 131/92, a
licence or certificate is issued for a quantity which is less than the quantityapplied for, the operator may withdraw his application within three working
days of the date on which the licence or certificate is issued. The security
relating to the licence or certificate shall then be released.
CHAPTER II
Aid for marketing on the regional market
Article 4
The aid provided for in Article 13 of Regulation (EEC) No 3763/91 shall be
granted in respect of fresh fruit and vegetables with the exception of bananasother than plantains falling within CN code 0803 00 11, flowers and liveplants listed in Chapters 6, 7 and 8 of the Combined Nomenclature, pepper
and fruits of the genera Capiscum and Pimenta falling within CN code 0904
and the spices falling within CN code 0910, for supply to the FOD market,under the conditions laid down in this Chapter.
Article 5
1. The aid shall be granted to the producers referred to in Article 6 in
respect of the products listed in column II of Part A of Annex II under three
categories A, B and C:
(a) which comply with the standards established pursuant to Title I of
Commission Regulation (EC) No 2200/96 (
1) as regards fruit and
vegetables or, where such standards have not been established for theproducts concerned, with the quality specifications in the supplycontracts referred to below; however, products presenting special
characteristics linked to tropical production conditions shall not be
excluded; and
(b) which are covered by supply contracts between the types of operator
referred to in Article 6 for one or more marketing periods, concluded
before the commencement of the relevant period, or before a date fixedby the competent authorities.
2. The amounts of aid applicable to each category of product shall be those
set out in column IV of Part A of Annex II.
3. The aid shall be granted up to the annual quantities for each category of
product set out in column III of Part A of Annex II.!B
(1) OJ L 297, 21. 11. 1996, p. 1.1998R1524 — EN — 01.01.1999 — 001.001 — 4
The competent authorities shall determine for each FOD the products and
quantities thereof in respect of which aid may be granted. They shall adjustthe apportionment in the light of specific needs and available quantities.
4. Where justified by the supply needs for one or more products, the
competent authorities may grant the aid for supply to a FOD other than the
one in which the product concerned was harvested.
Article 6
1. Supply contracts shall be concluded between individual producers or
producer groups on the one hand and, on the other, operators in thedistribution sector, enterprises in the catering sector or mass caterers
established in the production region and approved by the national authorities,
without prejudice to Article 5(4).
The increase in aid provided for in the sixth subparagraph of Article 13(1) of
Regulation (EEC) No 3763/91 and shown in column V of Part A of Annex II
shall apply to contracts concluded by producer organisations recognised in
accordance with Article 11 of Council Regulation (EC) No 2200/96 orproducer groups recognised under Council Regulation (EEC) No 1360/78 (
1)
with operators in the distribution sector, enterprises in the catering sector or
mass caterers.
2. The national authorities shall grant approval, upon application, to the
distributors, enterprises and mass caterers referred to in paragraph 1 whichundertake in writing to:
(a) supply the regional market with the products covered by the supply
contracts;
(b) keep separate accounts for the supply contracts;(c) provide the competent authorities, when the latter so request, with all
supporting documentation concerning the implementation of thecontracts and fulfilment of the undertakings made pursuant to thisRegulation.
Article 7
1. Producers wishing to benefit from the aid arrangements shall send to the
administration designated by the competent authorities, not later than thedeadline set by those authorities, a declaration accompanied by a copy of asupply contract or a preliminary supply contract as referred to in Article 6(1),
giving at least the following information:
— the business names of the parties to the contract,— a precise description of the product(s) covered by the contract,— an indication of the quantities to be supplied during the marketing
period(s) and the forecast supply schedule.
2. The competent authorities may set a minimum quantity for each aid
application.
Article 8
1. Where the information referred to in Article 7(1) indicates that there is a
likelihood of the quantity set for a category of products shown in column IIIof Part A of Annex II being exceeded, the competent authorities shall set aprovisional reduction coefficient to be applied to all aid applications in
respect of that category of products.
The coefficient, which shall be equivalent to the ratio between the quantities
referred to in column III of Part A of Annex II and those set by contract plusany additional quantities agreed, shall be calculated before any decision istaken to grant the aid and not later than one month after the date referred to in
Article 7(1).
2. Where paragraph 1 is applied, the competent authorities shall establish at
the end of the marketing year the definitive reduction coefficient to be appliedto all aid applications in respect of the category of products concerned
submitted during the marketing year.!B
(1) OJ L 166, 23. 6. 1978, p. 1.1998R1524 — EN — 01.01.1999 — 001.001 — 5
CHAPTER III
Aid for the production of green vanilla and essential oils of geranium and
vetiver
Article 9
1. Production aid for green vanilla falling within CN code ex 0905 intended
for the production of dried (black) vanilla or vanilla extracts as provided for inArticle 13(2) of Regulation (EEC) No 3763/91 shall be paid to the green
vanilla producer via the processors approved by the competent authorities.
Where necessary for the proper application of the measure, the authorities
shall specify the technical characteristics of the green vanilla which is eligible
for production aid.
2. The competent authorities shall grant approval to processors established
in the production region:
(a) whose plant and equipment is suitable for the preparation of dried (black)
vanilla or vanilla extracts;
and
(b) who undertake in writing:
— to transfer the full amount of ECU 6,04 per kg to the green vanilla
producer pursuant to one or more supply contracts not later than onemonth from the date of payment of the aid by the competent
authorities,
— to keep separate accounts for transactions connected with the
application of this Article,
— to allow any checks or inspections required by the competent
administrations and to notify all information relating to the
application of this Article.
Article 10
1. Production aid for essential oils of geranium and vetiver falling within
CN codes 3301 21 and 3301 26 as provided for in Article 13(3) of Regulation(EEC) No 3763/91 shall be paid to producers through local collection andmarketing bodies approved by the competent authorities.
The aid shall be paid for finished products obtained in accordance with
recognised manufacturing procedures and having the technical characteristics
published by the competent authorities.
2. The competent authorities shall grant approval to the bodies referred to in
paragraph 1 established in the production region which undertake in writing:
(a) to transfer to the producers the full amount of ECU 44,68 per kg of
essential oils of geranium and vetiver pursuant to one or more supply
contracts not later than one month from the date of payment of the aid bythe competent administration;
(b) to keep separate accounts for transactions connected with the application
of this Article;
(c) to allow any checks or inspections required by the competent adminis-
tration and to notify all information relating to the application of thisArticle.
Article 11
1. Where the quantities for which aid applications are made under Article 9
or 10 exceed the annual quantities laid down in Part B of Annex II, the
competent authorities shall set a percentage reduction to be applied to all
applications.
2. The competent authorities shall adopt the necessary additional adminis-
trative provisions for the application of Articles 9 and 10, in particular asregards the submission of aid applications, and shall carry out the necessarychecks on green vanilla producers, dried vanilla and vanilla extract
processors, producers of geranium and vetiver oils and the collection and
marketing bodies for these products.!B1998R1524 — EN — 01.01.1999 — 001.001 — 6
They may make payment of the aid conditional upon the presentation of
delivery notes jointly signed by the producer and, as the case may be, theprocessors or the approved collection and marketing bodies.
CHAPTER IV
Aid for the processing of fruit and vegetables
Article 12
The production aid provided for in Article 14 of Regulation (EEC) No
3763/91 shall be paid to the processors approved by France under theconditions laid down in this Chapter.
Article 13
1. The aid shall be paid for the processing of fruit and vegetables harvested
in the FOD for which processors have paid a price at least equal to the
minimum price under processing contracts covering the manufacture of
products listed in Part B of Annex III.
2. The aid shall be paid up to the annual quantities for each of the three
categories A, B and C set out in column II of Part A of Annex III.
The amounts of aid applicable to each category of products shall be as set out
in column IV of Part A of Annex III. However, the aid shall not be payable forpineapples falling within CN code 080430 used in the manufacture ofpreserved products qualifying for the aid scheme provided for in Council
Regulation (EEC) No 525/77 (
1).
3. The marketing year shall run from 1 January to 31 December.
Article 14
1. Processors wishing to qualify for the aid arrangements shall submit an
application for approval to the administration designated by the competent
authorities, not later than the deadline set by those authorities, giving all
information required by France with a view to the administration andmonitoring of the system of aid.
2. The French authorities shall grant approval, upon application, to
processors or legally constituted processor associations or groups which:
(a) have equipment suitable for processing fruit and vegetables; and(b) undertake in writing to:
— keep separate accounts for implementation of the contracts referred
to in Article 15,
— provide the competent administration, when the latter so requests,
with all supporting documentation concerning the implementation of
the contracts and fulfilment of the undertakings made pursuant tothis Regulation.
Article 15
1. Contracts as referred to in Article 14(1) of Regulation (EEC) No 3763/91,
hereinafter referred to as ‘processing contracts’, shall be concluded in writingbefore the beginning of each marketing year. They shall take one of the
following forms:
(a) a contract between a producer or a producer organisation recognised
pursuant to Article 11 of Regulation (EC) No 2200/96, on the one hand,
and a processor or an association or group of processors approved by thenational authorities, on the other;
(b) an undertaking covering supplies, where the producer organisation
referred to in (a) above acts as processor.
2. Processing contracts must specify:(a) the business names of the parties to the contract;!B
(1) OJ L 73, 21. 3. 1977, p. 43.1998R1524 — EN — 01.01.1999 — 001.001 — 7
(b) a precise description of the product(s) covered by the contract;
(c) the quantities of raw materials to be supplied;(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 taxes, which shall,where applicable, be indicated separately. The price shall not be lower
than the minimum price referred to in Article 13(1);
(f) the finished products to be produced.
3. On terms laid down for each product by the French authorities, the parties
may decide, by written amendments to processing contracts, to increase thequantities originally stipulated therein.
Such amendments shall relate overall to no more than 30 % of the quantities
originally stipulated in the contracts.
4. Where producer organisations act also as processors, the processing
contracts covering their own production shall be deemed to have been
concluded after the following particulars are forwarded to the competentauthority within the time limit laid down in paragraph 5:
(a) the total area on which the raw material is grown, together with cadastral
reference numbers or a reference recognised as equivalent by theinspection agency,
(b) an estimate of the total harvest,
(c) the quantity intended to be processed,
(d) the forecast processing schedule.
5. The processor or association of processors shall forward a copy of each
processing contract and of any amendments thereto to the body designated by
France. Such copies must be forwarded to the competent authorities within 10
working days following the conclusion of the contract or of any amendmentthereto and reach them five working days before the start of deliveries.
6. For the 1998 marketing year, the final date for signing the contracts
referred to in paragraph 1 shall be deferred to 30 September 1998.
Article 16
1. Without prejudice to cases covered by Article 15(1)(b), processors shall
pay the price of the raw materials to the producer organisation or individual
producer exclusively by bank or post-office transfer order or by crossed
cheque.
Producer organisations shall pay producers the amount referred to in the first
subparagraph in full within 15 working days of receipt, by bank or post-office
transfer order or by crossed cheque. In cases as referred to in Article 15(1)(b),payment may be made by opening a credit. France shall adopt the measuresnecessary to check compliance with the provisions of this paragraph and shall
provide in particular for penalties to be imposed on the administrators of the
producer organisation in relation to the seriousness of the failure to comply.
2. France may adopt additional provisions relating to processing contracts,
covering in particular time limits, terms and methods of payment of the
minimum price and damages payable by processors, producer organisations orproducers where they do not fulfil their obligations under contracts.
Article 17
Without prejudice to minimum quality criteria laid down or to be laid down in
accordance with the procedure provided for in Article 46 of Regulation (EC)
No 2200/96, raw materials delivered to processors under processing contractsshall be of sound and fair merchantable quality and suitable for processing.
Article 18
1. Processors shall submit two aid applications in respect of each marketing
year to the agency designated by France:
(a) the first relating to products processed from 1 January to 31 May;!B1998R1524 — EN — 01.01.1999 — 001.001 — 8
(b) the second relating to products processed from 1 June to 31 December.
2. Aid applications shall indicate in particular the net weight of the raw
materials used and of the finished products obtained, described in accordance
with Parts A and B of Annex II respectively. They shall be accompanied by
copies of the transfer orders or crossed cheques provided for in the firstsubparagraph of Article 16(1). In the case of undertakings covering supplies,such copies may be replaced by a declaration by the producer to the effect that
the processor has credited him with a price at least equal to the minimum
price. Such copies or declarations shall quote the references of the relevantcontracts.
Article 19
1. Where the information referred to in Article 15(5) indicates that there is a
likelihood of the quantity set for a category of products shown in column III
of Part A of Annex III being exceeded, the competent authorities shall set aprovisional reduction coefficient to be applied to all aid applications in
respect of that category submitted under Article 18(1)(a) above.
The coefficient, which shall be equivalent to the ratio between the quantities
referred to in Column III of Part A of Annex III and those set by contract plus
any additional quantities agreed, shall be calculated not later than 31 March.
2. Where paragraph 1 is applied, the competent authorities shall establish at
the end of the marketing year the definitive reduction coefficient to be applied
to all aid applications in respect of the category of products concerned
submitted under Article 18(1)(a) and (b).
Article 20
1. Processors shall keep records showing at least the following:
(a) consignments of raw materials purchased and entering their premises
each day and covered by processing contracts or amendments thereto,together with the numbers of any receipts in respect of suchconsignments;
(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 processing of
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 thelatter contain the abovementioned particulars.
2. Processors shall retain proof of payment in respect of all raw materials
purchased under processing contracts or amendments thereto.
3. Processors shall undergo any inspections or checks deemed necessary and
shall keep such additional records as the French authorities require to conduct
any checks they deem necessary. Where an inspection or checks cannot beconducted for reasons attributable to the processor, despite the latter havingbeen formally notified thereof, no aid shall be paid in respect of the marketing
years in question.
CHAPTER V
Aid for marketing under annual contracts
Article 21
1. For the purposes of Article 15 of Regulation (EEC) No 3763/91, ‘annual
contract’ means a contract by which an operator, either a natural or a legal
person established elsewhere in the Community, outside the FOD, undertakes,before the beginning of the marketing period for the product or products in
question, to purchase all or part of the production of an individual producer,
producers’ association or group in the FOD, with a view to marketing itelsewhere.!B1998R1524 — EN — 01.01.1999 — 001.001 — 9
2. Operators who intend to submit an application for aid shall send the
annual contract to the competent French administration before the start of themarketing 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 places of
establishment;
(b) the description of the product or products;(c) the quantities concerned;
(d) the duration of the commitment;
(e) the marketing schedule;(f) the packaging and presentation method and information relating to
transport (conditions and costs);
(g) the exact delivery stage.
3. The competent administration shall assess the contracts for conformity
with Article 15 of Regulation (EEC) No 3763/91 and with this Regulation. It
shall verify that the contracts contain all the information specified inparagraph 2 above.
It shall inform the operator whether paragraph 6 is likely to be applied.
4. For the purpose of calculating the aid, the value of marketed production,
delivered to destination zone, shall be evaluated on the basis of the annual
contract, 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
equivalent to that of a delivery at the first port or airport of unloading.
The competent administration may request any information or additional
supporting documentation required to calculate the aid.
5. Applications for aid shall be submitted by the buyer who entered into the
commitment to market the product.
Where the management of the aid scheme so requires, the competent
administration may specify marketing periods or years for each product.
6. Where, for a given product and for a given overseas department, the
quantities for which aid is requested exceed the volume of 3 000 tonnes laiddown in Article 15 of Regulation (EEC) No 3763/91 or, in the case of melonsfalling within CN code ex 0807 10 90, the limit laid down in paragraph 5 of
that Article, the national authorities shall determine a uniform percentage
reduction to be applied to all aid applications.
7. The increase in aid provided for in Article 15(4) of Regulation (EEC) No
3763/91 shall be paid on presentation of the commitments entered into by thepartners to pool, for a period of not less than three years, the knowledge andknow-how required to achieve the objective of the joint venture. These
commitments shall include a clause prohibiting cancellation before the end of
the aforementioned three-year period.
Where the aforementioned commitments are broken, the buyer may not
submit an application for aid for the marketing year concerned.
CHAPTER VI
General provisions
Article 22
1. Applications for aid shall be submitted to the administration designated
by the French authorities in accordance with the models established by the
latter and, for the aids under Chapters II, III, IV and V , within the periodsprescribed by them.!B1998R1524 — EN — 01.01.1999 — 001.001 — 10
2. The applications shall be accompanied by invoices and all other
supporting documents relating to the measures undertaken, in particular thereference of the supply contracts, delivery contracts, processing contracts orannual contracts for the aid referred to in, respectively, Chapters II, III, IV and
V.
3. The competent administration, having verified the applications for aid
and the relative supporting documents, shall pay out, in the two monthsfollowing the end of the period for lodging applications, the aid determined in
accordance with this Regulation.
Article 23
1. France shall communicate to the Commission:
(a) before the beginning of each marketing year, the minimum prices
referred to in Chapter IV , set in accordance with Article 14 of Regulation(EEC) No 3763/91 in respect of each category of products set out inAnnex III;
(b) no later than 31 May, broken down by category or product, the quantities
covered by contract for the current marketing year pursuant to ChaptersII, IV and V;
(c) no later than 31 May, a report on the implementation of the measures
referred to in this Regulation in the preceding marketing year showing in
particular:
— broken down by group of products set out in Part A of Annex I, the
quantities in the forecast supply balance referred to in Chapter I for
which exemption from import duty was granted or for which
Community aid was paid,
— broken down by groups of products set out in Part A of Annex I, the
quantities exported to third countries or to the rest of the Community,
— broken down by product set out in Part A of Annex II, the quantities
which qualified for the aid and the increased aid referred to inChapter II,
— the quantities of green vanilla and oil of geranium and vetiver which
qualified for the aid referred to in Chapter III,
— the quantities of raw material which qualified for the aid referred to
in Chapter IV , broken down by product set out in Part A of Annex III,and the quantities, expressed in net weight, of finished products
broken down in accordance with Part B of Annex III,
— the quantities which qualified for the aid and the increased aid
referred to in Chapter V , broken down by product, and their averagevalue within the meaning of Article 21(4);
(d) no more than a month following their publication, the additional detailed
rules adopted for the application of this Regulation.
2. For the 1998 marketing year the deadline referred to in paragraph 1(a)
shall be 31 August 1998.
Article 24
1. The national authorities shall take all the necessary measures to guarantee
compliance with the conditions to which the grant of the aid provided for in
Articles 2, 13, 14 and 15 of Regulation (EEC) No 3763/91 is subject.
To that end, they shall carry out random on-the-spot checks on aid
applications representing at least 20 % of the quantities and 10 % of thebeneficiaries.
They shall withdraw the approvals referred to in Articles 6(2), 9(2), 10(2) and
Article 14 where the commitments to which they are subject are not fulfilled.
They may suspend the payment of aid according to the seriousness of the
irregularities discovered.
2. Where aid has been paid out unduly, the competent administration shall
recover the sums paid out, with interest from the date on which the aid waspaid out to the date on which it was repaid by the beneficiary.!B1998R1524 — EN — 01.01.1999 — 001.001 — 11
Where the undue payment has been made because of a false declaration, false
documents or serious negligence on the part of the recipient, a penalty equalto the amount paid out unduly, with interest calculated in accordance with theabove subparagraph, shall be imposed.
The interest rate shall be that applied by the European Monetary Cooperation
Fund to its transactions in ecus as published in the C series of the Official
Journal of the European Communities , in force on the date of the undue
payment and increased by three percentage points.
3. The aid recovered shall be paid to the paying authorities or agencies and
deducted by them from the expenditure financed by the EuropeanAgricultural Guidance and Guarantee Fund.
Article 25
Regulation (EEC) No 489/97 is hereby repealed.
References to the Regulation repealed shall be construed as references to this
Regulation in accordance with the table of equivalence in Annex IV .
Article 26
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 July 1998.This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1998R1524 — EN — 01.01.1999 — 001.001 — 12
ANNEX I
Part A: Forecast supply balance for processed fruit and vegetables for the FOD for
the period 1 January to 31 December 1999
Product group CN code ProductQuantity
(tonnes)
AFruit purées, being cooked preparations, whether or not containing
added sugar or other sweetening matter, for processing
100 ex 2007 91 citrus fruit
ex 2007 99 other, not including tropical fruit
BFruit pulps, otherwise prepared or preserved, whether or not containing
added sugar or other sweetening matter or spirit not elsewhere specifiedor included, for processing
1 500ex 2008 30 citrus fruit
ex 2008 40 pearsex 2008 50 apricots
ex 2008 60 cherries
ex 2008 70 peachesex 2008 80 strawberries
ex 2008 92 mixtures, not including tropical fruit
ex 2008 99 other, not including tropical fruit
CConcentrated fruit juices (including grape must), unfermented and not
containing added spirit, whether or not containing added sugar or othersweetening matter, for processing
1 000ex 2009 11 11 orange juice
ex 2009 11 19
ex 2009 19 11ex 2009 19 19
Dex 2009 20 11 Grapefruit or pomelo juice
1 300ex 2009 20 19
ex 2009 60 11 Grape juice
ex 2009 60 19
ex 2009 60 51ex 2009 60 71
ex 2009 70 11 Apple juice
ex 2009 70 19
ex 2009 80 11 Pear juice
ex 2009 80 19
ex 2009 80 35 Juice of any other fruit, not including tropical fruit
ex 2009 80 38
ex 2009 90 11 Mixtures of apple and pear juice
ex 2009 90 19
ex 2009 90 21 Other mixtures, not including tropical fruit
ex 2009 90 29
Total 3900!
B
!M11998R1524 — EN — 01.01.1999 — 001.001 — 13
!B
Part B: Amounts of aid referred to in Article 1(2):
Product groups defined in Part A ECU/100 kg
A 39,69
B 21,66C 37,12
D 43,291998R1524 — EN — 01.01.1999 — 001.001 — 14
ANNEX II
Part A: Products referred to in Article 5(1)
Maximum quantities referred to in Article 5(3) for each period from 1January to 31 DecemberAmounts of aid referred to in Article 5(2) and increased aid referred to inthe second subparagraph of Article 6(1)
Column I Column II Column III Column IV Column V
Product category CN code ProductMaximum quan-
tityAid Increased aid
A0701 potatoes
6 800 tonnes15,00 ECU/100
kg15,75 ECU/100
kgex 0706 10 carrots
ex 0707 00 05 cucumbers
0709 90 90 christophines, breadfruit
0803 00 11 plantains0804 30 00 pineapples
0807 11 00 watermelons
ex 0603 10 tropical flowers (standard anthurium,
alpinas, heliconias, porcelain rose, bird-of-paradise flower)3 640 000 units15,00 ECU/100
units15,75 ECU/100
units
B0702 00 00 tomatoes
13 000 tonnes23,00 ECU/100
kg24,15 ECU/100
kgex 0703 10 onions
ex 0704 cabbages
ex 0705 11 cabbage lettuce
0709 90 10 salad vegetables other than lettuce and
chicory
0709 30 00 aubergines
0714 20 10 sweet potatoes
ex 0714 90 11 yams, dachines or taroex 0709 60 10 sweet peppers
ex 0709 60 99 other peppers
ex 0709 90 90 turban squash
0804 40 avocados
ex 0804 50 00 mangoes
ex 0805 citrus fruit (oranges, mandarins, lemons
and limes, grapefruit and pomelos)
ex 0807 melons and papayas
ex 0810 90 30 lycheesex 0810 90 85 strawberry guavas
C0703 20 garlic
700 tonnes30,00 ECU/100
kg31,50 ECU/100
kg0708 20 green beans
0810 10 strawberries
ex 0810 90 40 passion fruit
ex 0810 90 85 maracuja, granadilla, rambutanex 0910 10 gingerex 0910 30 00 turmeric
ex 0603 90 00 tropical flowers (hybrid anthurium, Canna
indica)
2 500 000 units30,00 ECU/100
units31,50 ECU/100
unitsex 0603 10 orchids
0603 10 11 roses
0603 10 51 roses!
B1998R1524 — EN — 01.01.1999 — 001.001 — 15
Part B: Maximum quantities referred to in Article 12 for each period from 1 January
to 31 December
CN code Product Quantity (kg)
ex 0905 00 00 green vanilla 75 000
3301 21 essential oil of geranium 12 500
3301 26 essential oil of vetiver 2 500!B1998R1524 — EN — 01.01.1999 — 001.001 — 16
ANNEX III
Part A: Products referred to in Article 13(1)
Maximum quantities per marketing year referred to in Article 13(2)Amounts of aid referred to in Article 14(3)
Column I Column II Column III Column IV
Amount of aid Amount of aid
Product category CN code Product Quantity (tonnes) Aid ECU/100 kg
Aex 0703 10 onions for rougail and achards
8 320 21,56ex 0706 10 00 carrots for rougail and achards
ex 0714 90 christophines, breadfruit
0803 00 11 plantains
ex 0804 30 00 pineapplesex 0804 50 00 guavas
0810 10 strawberries
ex 0810 90 85 strawberry guavas
ex 0810 90 85 ambarellas
Bex 0704 90 cabbage for rougail and achards
1 550 35,440714 10 manioc
0714 20 10 sweet potatoes
ex 0714 90 dachines
ex 0709 90 90 turban squash
ex 0805 20 tangor mandarins
0805 30 90 limes0807 20 00 papaws (papayas)
ex 0810 90 30 jackfruit, lychees
ex 0810 90 40 carambolas
ex 0810 90 85Antilles apricots, rambutans, Surinam cherries,
soursops
C0703 20 00 garlic for rougail and achards
560 41,210709 60 99 peppers
ex 0703 20 beans for rougail and achardsex 0714 90 yams
ex 0804 50 00 mangoes
ex 0805 90 00 combavaex 0810 90 40 passion fruit
Part B: Finished products referred to in Article 14(1)
CN code Product
ex 0710 vegetables, frozen, uncooked
ex 0712 dried vegetables
ex 0714 dried vegetables
2001 fruit and vegetables preserved by vinegar or acetic acid2004 -
90 98frozen vegetables
ex
2005 90vegetable preserves and vegetables, vacuum sterilised
ex
2006 00fruit preserved in sugar
2007 jams, fruit jellies, marmalades, fruit or nut purée and pastes
ex 2008 fruit pulps
2009 fruit juices!
B1998R1524 — EN — 01.01.1999 — 001.001 — 17
ANNEX IV
TABLE OF EQUIV ALENCE
Regulation (EC) No 489/97 This Regulation
Chapter I Chapter II
Article 1 Article 4
Article 2 Article 5Article 3 Article 6
Article 4 Article 7
Article 5 Article 8
Chapter II Chapter III
Article 6 Article 9
Article 7 Article 10
Article 8 Article 11
Chapter III Chapter V
Article 10 Article 22
Article 11 Article 24!
B1998R1524 — EN — 01.01.1999 — 001.001 — 18