1993R1858 — EN — 02.04.1994 — 001.001 — 1
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►B 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
(OJ L 170, 13.7.1993, p. 5)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 705/94 of 29 March 1994 L 85 7 30.3.1994
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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,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
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 beapplied 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 favourablethan their current one, Regulation (EEC) No 404/93 provides forcompensatory aid in order to cover the loss of income, likely to resultfrom 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,pendingthe entry into force of these standards, provision should bemade for the bananas to be graded, packed and removed from thepackingshed so that they may be marketed;
Whereas, for determiningthe ‘flat-rate reference income', account
should be taken of the mot recent years for which complete data areavailable; whereas this flat-rate reference income must be calculated forthe ex packing shed stage and must correspond to the average of theprices at the delivered at first port of unloadingin the rest of theCommunity stage for bananas produced in the most representativeregions on the Community, less the average costs of transport anddelivery FOB;
Whereas the ‘average production income' must be calculated for each
year for the same ex-packingshed stag e on the basis of the informationto 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 bedetermined, to provide for the situation where the volumes indicated inapplications exceed the quantities laid down pursuant to Article 12 ofRegulation (EEC) No 404/93; whereas this mechanism must makepossible some offsettingbetween the various production reg ions withinthe overall quantity laid down in Regulation (EEC) No 404/93 andoperate in proportion to the quantities marketed, in the case of both theproduction 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 viewof the fact that the compensatory aid for a given year cannot bedetermined and paid until the beg inningof the followingyear, it isnecessary to grant advances in order to maintain normal disposal ofCommunity produce and achieve the measures objective; whereas,however, these advances must be paid subject to a security to cover thepossibility of the aid eventually paid beingless than the total of theadvances;
(1) OJ No L 47, 25. 2. 1993, p. 1.
(2) OJ No L 387, 31. 12. 1992, p. 1.
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Whereas Regulation (EEC) No 404/93 lays down that the compensatoryaid is to be granted to producers who are members of a recognizedproducers’ organization within the meaning of Article 5 of that Regula-tion; whereas, pendingthe creation of these org anizations and theirrecognition, it is necessary to make provision for aid applications to besubmitted 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 organ-ization system, the agricultural conversion rate applicable at the begin-ningof each quarterly marketingperiod should be used to convert theaid 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 fallingwithin CN code ex 0803, excludingplantains, which comply with thequality standards laid down pursuant to Title I of that Regulation.
Pendingthe entry into force of Community quality standards, the aid
shall be paid for products intended to be delivered fresh to theconsumer, graded and packed, and removed from the packing shed witha view to marketing.
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 thedate recorded duringthe 1991. It shall be calculated for the ex packingshed stage.
2. The flat-rate reference income shall be ECU 49,1/100 kgnet
weight of green bananas ex-packing shed.
Article 3
1. The ‘average production income'for Community bananas referred
to in Article 12 (5) in Regulation (EEC) No 404/93 shall be calculatedfor the ex packingshed stag e.
2. The average production income shall be determined for each year
on the basis of the average of the prices at the delivered at first port ofunloadingin the rest of the Community stag e, of bananas from the mostrepresentative producer regions in the Community, less the averagecosts of transport and delivery fob.
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 duringthe period in question by a averag e 70 %of the amount of aid paid in respect of the precedingyear.
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M1
3. Payment of the advance shall be subject to the lodging of asecurity. The amount of this security shall be fixed at 50 % of theadvance.
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4. The security shall be forfeit in proportion to the part of the aidusually paid where:
— the definitive amount of the aid proves to be less than the amount of
the advances, and/or
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— the quantities of bananas marketed for which advances have been
applied for exceeds the total quantity of production referred to inArticle 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 5of Regulation (EEC) No 404/93. They shall cover the quantitiesmarketed 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 6
1. For the second half of 1993, the amount of the advance shall be a
maximum of ECU 13,4/100 kg.
2. The amount of the security to be lodged when applications for
advances are submitted for the second half of 1993 shall be ECU6,7/100 kg.
3. The maximum quantity of Community bananas marketed which is
eligible for the compensatory aid for the second half of 1993 shall be427 000 tonnes net weight and shall be broken down by Communityproducer region as follows:
— 210 000 tonnes for the Canary Islands,
— 75 000 tonnes for Guadeloupe,— 109 500 tonnes for Martinique,— 25 000 tonnes for Madeira, the Azores and the Algarve,— 7 500 tonnes for Crete and Lakonia.
Article 7
1. Applications for compensatory id and advances shall be submitted
to the competent authorities designated by each Member State in whichthe products are harvested.
2. Applications shall be submitted:
(a) in the case of advances, in the first 10 days of March, May, July,
September and November in the case of bananas actually marketedduringthe two-month period precedingthe month of application.
For the second half of 1993 an application for a special advance
may be submitted before 15 July 1993. Such application shall beaccompanied by the lodging of a security corresponding to 50 % ofthe amount of the special advance. This amount shall be establishedon the basis of the quantities for which proof is supplied that theywere actually marketed in July 1992. Payment shall be made beforethe end of July 1993. An adjustment shall be made when theadvance for bananas marketed duringJuly and Aug ust 1993 is paid;
(b) in the case of payment of the balance of the aid, in the first 10 days
of January of the year followingthat in respect of which the aid isapplied for. The balance shall comprise:
— the aid for bananas marketed duringNovember and December,
and
— where applicable, the adjustment to the amounts paid for
bananas marketed duringthe periods referred to in (a), on thebasis of the definitive amount of aid.
3. Applications shall include the followinginformation at least:
— the names, first names and addresses of the individual producers,
— the name and address of the producers’ organization submitting the
application,
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— the quantities of bananas produced and marketed duringthe period
in question. Applications for the balance shall cover the total quant-ities marketed duringthe year in question.
4. Applications shall be accompanied by:
— certificates of conformity,
— sales invoices,— the documents relatingto transport, for bananas marketed outside
the production region, or
— any other useful supportingdocument providingproof of marketing .
5. Applications for payment of the balance may not be accompanied
by supportingdocuments 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 thequantities actually marketed for which applications for payment havebeen submitted.
As regards the second half of 1993, when applying for the advance for
the July-August period they shall communicate the quantities ofbananas marketed in 1992 used to calculate the amount of the specialadvance paid in July.
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 forall the quantities applied for, up to a total quantity of 854 000 tonnes netweight and, in the case of the second half of 1993, up to a maximum of427 000 tonnes.
2. If the total quantity actually marketed exceeds 854 000 tonnes and
427 000 tonnes for the second half of 1993, the quantities marketedgiving entitlement to the aid shall be reduced for each producer regionconcerned in proportion to the overrun of the quantity fixed for thatregion.
The Commission shall fix the reduction percentages applicable for each
region and shall inform the Member States thereof.
Where the second subparagraph is applied, the competent authorities
shall apply the uniform reduction percentage to the quantities presentedin each aid application.
Article 10
The competent national authorities, after verifyingaid applications and
the supportingdocuments, shall pay the amount of the advance or thedefinitive aid, as the case may be, within the two months followingthatin 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 forceon the first day of each of the marketingperiods defined in Article 7(2). The rate applicable for bananas marketed duringthe period from 1November to 31 December shall be the agricultural conversion rate inforce on 1 November.
The agricultural conversion rate in force on 1 July 1993 shall be used to
convert the amount of the special advance into national currency.
Article 12
1. Where aid is paid unduly in respect of bananas which have not
been marketed in accordance with Article 1, the competent authoritiesshall recover the amounts paid, plus interest calculated from the date ofpayment of the aid up to effective recovery thereof. The rate of interest
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to be applied shall be that in force for similar recovery operations undernational law. This rate may not be lower than the reference rate referredto in the Annex as applied in the Member State concerned on the day ofpayment, plus one percentage point. Member States may decide not tocollect interest if it amounts to ECU 20 or less.
2. The aid recovered and, where applicable, the interest shall be paid
to the payingag encies or authorities and deducted by them from theexpenditure financed by the European Agricultural Guidance and Guar-antee Fund, Guarantee Section.
Article 13
Producer Member States shall inform the Commission each month of
the following:
— the quantities marketed duringthe precedingmonth broken down by
those placed on regional markets and those sent to the rest of theCommunity, together with forecasts for the current month,
— the production trend for the marketingyear, and— trends in the quantities available in ripeningdepots.
Trends in the price of Community bananas at the various stages of the
chain of production up to the wholesale and retail stages, and ofbananas originating in third countries from the cif stage up to the retailstage, shall be sent to the Commission each week by the aforementionedMember 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.
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ANNEX
1.Belgium:
Brussels interbank borrowingoffered-rate three months.
2.Denmark:
Yield on issue of 12-month Treasury bonds.
3.Germany:
Frankfurt interbank borrowingoffered-rate three months.
4.Greece:
Yield on issue of three-month Treasury bonds.
5.France:
Paris interbank borrowingoffered-rate three months.
6.Spain:
Madrid interbank borrowingoffered-rate three months.
7.Ireland:
Dublin interbank borrowingoffered-rate three months.
8.Italy:
Yield on issue of three-month Treasury bonds
9.Luxembourg:
Interbank rate three months
10.Netherlands:
Amsterdam interbank borrowingoffered-rate three months.
11.Portugal:
Lisbon interbank borrowingoffered-rate three months.
12.United Kingdom:
London interbank borrowingoffered-rate three months.