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"BCOMMISSION REGULATION (EEC) No 1858/93
of 9 July 1993
laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the aid
scheme to compensate for loss of income from marketing in the banana sector
(OJ L 170, 13.7.1993, p. 5)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 705/94 of 29 March 1994 L 85 7 30.3.1994
"M2 Commission Regulation (EC) No 796/95 of 7 April 1995 L 80 17 8.4.1995
"M3 Commission Regulation (EC) No 1467/1999 of 5 July 1999 L 170 7 6.7.1999
"M4 Commission Regulation (EC) No 1062/1999 of 21 May 1999 L 129 24 22.5.1999
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) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1993R1858 — EN — 23.05.1999 — 005.001 — 1
COMMISSION REGULATION (EEC) No 1858/93
of 9 July 1993
laying down detailed rules for applying Council Regulation (EEC)
No 404/93 as regards the aid scheme to compensate for loss of income
from marketing in the banana sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organization of the market in bananas (1), and in
particular Articles 12 (4) and (8), 14 and 30 thereof;
Having regard to Council Regulation (EEC) No 3813/92 of 28 December
1992 on the unit of account and the conversion rates to be applied for the
purposes of the common agricultural policy (2), and in particular Article
6 (2) thereof,
Whereas, in order to ensure that Community production is maintained
and in order not to put producers in a situation which is less favourable
than their current one, Regulation (EEC) No 404/93 provides for
compensatory aid in order to cover the loss of income, likely to result
from the application of the new scheme;
Whereas in order to be eligible for the compensatory aid the bananas
must comply with Community quality standards; whereas, however,
pending the entry into force of these standards, provision should be made
for the bananas to be graded, packed and removed from the packing shed
so that they may be marketed;
Whereas, for determining the ‘flat-rate reference income’, account
should be taken of the mot recent years for which complete data are
available; whereas this flat-rate reference income must be calculated for
the ex packing shed stage and must correspond to the average of the
prices at the delivered at first port of unloading in the rest of the
Community stage for bananas produced in the most representative
regions on the Community, less the average costs of transport and
delivery FOB;
Whereas the ‘average production income’ must be calculated for each
year for the same ex-packing shed stage on the basis of the information
to be provided by the Member States;
Whereas the mechanism for reducing, by region and producer, the
quantities of bananas marketed for which aid is granted should be
determined, to provide for the situation where the volumes indicated in
applications exceed the quantities laid down pursuant to Article 12 of
Regulation (EEC) No 404/93; whereas this mechanism must make
possible some offsetting between the various production regions within
the overall quantity laid down in Regulation (EEC) No 404/93 and
operate in proportion to the quantities marketed, in the case of both the
production regions and individual producers;
Whereas detailed rules on the submission of applications and the
payment of the compensatory aid should be laid down; whereas, in view
of the fact that the compensatory aid for a given year cannot be
determined and paid until the beginning of the following year, it is
necessary to grant advances in order to maintain normal disposal of
Community produce and achieve the measures objective; whereas,
however, these advances must be paid subject to a security to cover the
possibility of the aid eventually paid being less than the total of the
advances;!B
(1) OJ No L 47, 25. 2. 1993, p. 1.
(2) OJ No L 387, 31. 12. 1992, p. 1.1993R1858 — EN — 23.05.1999 — 005.001 — 2
Whereas Regulation (EEC) No 404/93 lays down that the compensatory
aid is to be granted to producers who are members of a recognized
producers’ organization within the meaning of Article 5 of that
Regulation; whereas, pending the creation of these organizations and
their recognition, it is necessary to make provision for aid applications to
be submitted by individual producers;
Whereas the economic objective of the aid is attained when the bananas
are marketed; whereas, however, to take account of the market
organization system, the agricultural conversion rate applicable at the
beginning of each quarterly marketing period should be used to convert
the aid and advances into national currency;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
The compensatory aid provided for in Article 12 of Regulation (EEC) No
404/93 shall be granted for the marketing of fresh bananas falling within
CN code
ex 0803, excluding plantains, which comply with the quality standards
laid down pursuant to Title I of that Regulation.
Article 2
1. The ‘flat-rate reference income’ referred to in Article 12 (4) of
Regulation (EEC) No 404/93 shall be determined on the basis of the date
recorded during the 1991. It shall be calculated for the ex packing shed
stage.
2. The flat-rate reference income shall be EUR 62,25/100 kg net weight
of green bananas ex-packing shed for 1998 and EUR 64,03/100 kg net
weight from 1999.
Article 3
1. The average production income for bananas produced and marketed.
in the Community as referred to in Article 12(5) of Regulation (EEC) No
404/93 shall be calculated for the ex-packing shed stage.
2. In the case of bananas marketed in the Community outside their
producer region as defined in Article 12 of Regulation (EEC) No 404/93,
the average production income shall be determined for each year on the
basis of the average of the prices of bananas from the producer regions at
the stage of delivery at first port of unloading (goods not unloaded), less
a flat-rate amount of EUR 18,7/100 kg net weight corresponding to
average costs of transport and delivery fob.
In the case of bananas produced and marketed in a producer region as
defined in Article 12 of Regulation (EEC) No 404/93, the average
production income shall be determined on the basis of the average selling
prices on local markets, less a flat-rate amount of EUR 0,29/100 kg net
weight corresponding to the forwarding costs to the markets concerned.
3. The flat-rate amounts referred to in paragraph 2 shall be reviewed if
the average costs of transport, delivery fob or forwarding change
substantially.!B
!M2
!B
!M4
!M31993R1858 — EN — 23.05.1999 — 005.001 — 3
Article 4
1. Applications for advances may be submitted in accordance with the
timetable laid down in Article 7 (2).
2. The amount of each advance shall be determined by multiplying the
quantities marketed during the period in question by a average 70 % of
the amount of aid paid in respect of the preceding year.
3. Payment of the advance shall be subject to the lodging of a security.
The amount of this security shall be fixed at 50 % of the advance.
4. The security shall be forfeit in proportion to the part of the aid
usually paid where:
— the definitive amount of the aid proves to be less than the amount of
the advances, and/or
— the quantities of bananas marketed for which advances have been
applied for exceeds the total quantity of production referred to in
Article 12 (2) of Regulation (EEC) No 404/93.
5. The security shall be released as soon as the definitive aid is paid by
the competent authorities.
Article 5
Applications for compensatory aid and advances shall be submitted by
the recognized producers’ organizations within the meaning of Article 5
of Regulation (EEC) No 404/93. They shall cover the quantities
marketed by each producer through the producers, organization.
However, in the case of the quantities marketed up to the end of 1994,
applications may be submitted directly by individual producers.
Article 7
1. Applications for compensatory id and advances shall be submitted to
the competent authorities designated by each Member State in which the
products are harvested.
2. Applications shall be submitted:
(a) in the case of advances, at the latest on 20 March, 20 May, 20 July,
20 September and 20 November for bananas actually marketed
during the two month period preceding the month of application;
(b) in the case of payment of the balance of the aid, at the latest on 31
January of the year following that in respect of which the aid is
applied for. The balance shall comprise:
— the aid for bananas marketed during November and December,— and, where applicable, the adjustment to the amounts paid for
bananas marketed during the periods referred to in (a), on the
basis of the definitive amount of aid.
3. Applications shall include the following information at least:— the names, first names and addresses of the individual producers,— the name and address of the producers’ organization submitting the
application,
— the quantities of bananas produced and marketed during the period in
question. Applications for the balance shall cover the total quantities
marketed during the year in question.!B
!M1
!B
!M2
!B
!M2
!B1993R1858 — EN — 23.05.1999 — 005.001 — 4
4. Applications shall be accompanied by:
— certificates of conformity,— sales invoices,
— the documents relating to transport, for bananas marketed outside the
production region, or
— any other useful supporting document providing proof of marketing.
5. Applications for payment of the balance may not be accompanied by
supporting documents submitted for applications for advances.
Article 8
Member States shall inform the Commission forthwith, at the end of
each period for lodging applications referred to in Article 7, of the
quantities actually marketed for which applications for payment have
been submitted.
Article 9
1. Where, the quantities laid down for each region in Article 12 (2) of
Regulation (EEC) No 404/93 are exceeded, the aid shall be granted for
all the quantities applied for, up to a total quantity of 854 000 tonnes net
weight.
2. If the total quantity actually marketed exceeds 854 000 tonnes, the
quantities marketed giving entitlement to the aid shall be reduced for
each producer region concerned in proportion to the overrun of the
quantity fixed for that region.
The Commission shall fix the reduction percentages applicable for each
region and shall inform the Members States thereof.
Where the second subparagraph is applied, the competent authorities
shall apply the uniform reduction percentage to the quantities indicated
in each aid application.
Article 10
The competent national authorities, after verifying aid applications and
the supporting documents, shall pay the amount of the advance or the
definitive aid, as the case may be, within the two months following that
in which the application was lodged.
Article 11
The rate applicable for conversion of the amount of advances and aid into
national currency shall be the agricultural conversion rate in force on the
first day of each of the marketing periods referred to in Article 7 (2).
Article 12
1. Where aid is paid unduly in respect of bananas which have not been
marketed in accordance with Article 1, the competent authorities shall
recover the amounts paid, plus interest calculated from the date of
payment of the aid up to effective recovery thereof. The rate of interest to
be applied shall be that in force for similar recovery operations under
national law. This rate may not be lower than the reference rate referred
to in the Annex as applied in the Member State concerned on the day of
payment, plus one percentage point. Member States may decide not to
collect interest if it amounts to ECU 20 or less.!B
!M2
!B
!M2
!B1993R1858 — EN — 23.05.1999 — 005.001 — 5
2. The aid recovered and, where applicable, the interest shall be paid to
the paying agencies or authorities and deducted by them from the
expenditure financed by the European Agricultural Guidance and
Guarantee Fund, Guarantee Section.
Article 13
Producer Member States shall inform the Commission each month of the
following:
— the quantities marketed during the preceding month broken down by
those placed on regional markets and those sent to the rest of the
Community, together with forecasts for the current month,
— the production trend for the marketing year, and— trends in the quantities available in ripening depots.Trends in the price of Community bananas at the various stages of the
chain of production up to the wholesale and retail stages, and of bananas
originating in third countries from the cif stage up to the retail stage,
shall be sent to the Commission each week by the aforementioned
Member States.
Article 14
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 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1993R1858 — EN — 23.05.1999 — 005.001 — 6
ANNEX
1. Belgium:
Brussels interbank borrowing offered-rate three months.
2. Denmark:
Yield on issue of 12-month Treasury bonds.
3. Germany:
Frankfurt interbank borrowing offered-rate three months.
4. Greece:
Yield on issue of three-month Treasury bonds.
5. France:
Paris interbank borrowing offered-rate three months.
6. Spain:
Madrid interbank borrowing offered-rate three months.
7. Ireland:
Dublin interbank borrowing offered-rate three months.
8. Italy:
Yield on issue of three-month Treasury bonds
9. Luxembourg:
Interbank rate three months
10. Netherlands:
Amsterdam interbank borrowing offered-rate three months.
11. Portugal:
Lisbon interbank borrowing offered-rate three months.
12. United Kingdom:
London interbank borrowing offered-rate three months.!B1993R1858 — EN — 23.05.1999 — 005.001 — 7