1992R2311 — EN — 15.06.1993 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 2311/92
of 31 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 Azores and Madeira
(OJ L 222, 7.8.1992, p. 24)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1445/93 of 11 June 1993 L 142 27 12.6.1993
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).
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COMMISSION REGULATION (EEC) No 2311/92
of 31 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 Azores and Madeira
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June
1992 concerningspecific measures for the Azores and Madeira relatingto certain agricultural products(
1), and in particular Articles 11 (5), 12
(5) and 13 (2) thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the unit of account and the conversion rates to beapplied for the purposes of the common agricultural policy (
2), as last
amended by Regulation (EEC) No 2205/90 (3), and in particular Article
12 thereof,
Whereas Regulation (EEC) No 1600/92 introduces an aid scheme for
the implementation of programmes of initiatives for the benefit of theAzores and Madeira in respect of fruit, vegetables, plants and flowersand tea; whereas detailed rules should be adopted for the application ofthis scheme; whereas the detailed rules involve the specification of theworks which may be included in the programmes of initiatives, thedefinition of the measures to be adopted as part of the technical assis-tance to producer groups, the procedure for accepting the programmesof initiatives and their monitoringand implementation;
Whereas the detailed rules relatingto the undertakingof the economic
analysis and forward study of the fruit and vegetable processingindustry in the Azores and Madeira should be adopted;
Whereas, as regards aid measures for marketing, it is necessary to
define the concept of an annual contract, to specify the basis of assess-ment to be adopted for the calculation of the aid and to adopt thedetailed rules on apportionment of aid where the quantity of 3 000tonnes for each product and for each of two regions as laid down inArticle 12 (1) of Regulation (EEC) No 1600/92 is exceeded;
Whereas the measures provided for in this Regulation are in accordance
with the joint opinion of the Management Committees for Fruit andVegetables and Live Plants and the Management Committee for Prod-ucts Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down detailed rules for the grant of Community
aid for programmes of initiatives and for the grant of aid for marketingunder annual contracts, as provided for in Articles 11 and 12 of CouncilRegulation (EEC) No 1600/92.
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. 1.
(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 development of production and/or
the improvement of the quality of the fresh products referred to inArticle 11 of Regulation (EEC) No 1600/92 relate to one or more of thefollowingmeasures:
— developingproduction, in particular by new planting s or new crops,— varietal improvements to improve productivity and to bringabout
adjustments to environmental conditions and market demand;
— the adoption of cultivation techniques suited to the climatic and
physical conditions in the region,
— the plantingand cultivation of experimental crops in conjunction
with research centres.
Article 3
The increase in aid provided for in Article 11 (3) of Regulation (EEC)
No 1600/92 shall be paid where programmes of initiatives:
— are submitted by a producer group or organization recognized under
Council Regulations (EEC) Nos 1360/78 (
1) and (EEC) No 1035/
72 (2) respectively, and
— are drawn up and implemented with the assistance, or under the
supervision, of technical specialists in the crops in question who arenot members of the abovementioned groups or organizations. Assis-tance shall cover in particular one or more of the followingobjec-tives:
— conversion of production,— selection of the most appropriate varieties,— cultivation techniques suitable for local crops and conditions.
Article 4
1. Proposals for programmes of initiatives shall be submitted each
year to the services designated by the competent authorities, before adate to be set by the latter. They shall be submitted in accordance withAnnex I hereto and shall be accompanied by all appropriate informationrequested.
2. The competent services shall ensure that:
— the programme of initiatives complies with the objectives of Regula-
tion (EEC) No 1600/92 and with the provisions of this Regulation,
— the proposed programme displays economic coherence and technical
quality and that the estimates and the financingplan, as well as theprogramming of its implementation, are all justified,
— the information given in the draft programme is correct.
The services shall carry out all appropriate checks, includingon-site
inspections where necessary.
3. The competent services shall decide to accept or reject the
programmes within three months of the end of the period laid down forthe submission of proposals. They may make approval conditional uponamendment of the proposal 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 services shall send the Commis-sion a summary sheet for each programme likely to be approved, inaccordance with the outline given in Annex I. The Commission may ask
(1) OJ No L 166, 23. 6. 1978, p. 1.
(2) OJ No L 118, 20. 5. 1972, p. 1.
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for further information and make observations before the end of the
period laid down for the approval or rejection of the programmes ofinitiatives.
5. The programme may be amended during implementation where
such amendments can be justified for technical reasons, but amend-ments must not, however, be intended to extend the implementationphase originally provided for. The competent services shall take allappropriate measures to approve or reject the said amendments.
The approval or rejection procedure as laid down in paragraphs 3 and 4
shall be followed.
6. While the programme of initiatives is being implemented, the
competent services shall verify on a regular basis the progress made inprogramme implementation, the conformity of the measures on a tech-nical and financial level and the veracity of the supportingdocumentssubmitted. At least one on-the-spot check shall be carried out on eachprogramme of initiatives during its implementation.
7. Each year the producers, producer groups or producers’ organ-
izations shall submit applications for assistance before a date stipulatedby the competent services.
Article 5
Each year, and before 31 October at the latest, the competent services
shall send the Commission a report summarizingthe prog ress made inimplementingthe approved prog rammes and the results of the checkscarried out and shall also provide the Commission with all appropriateinformation where difficulties of implementation arise which are liableto affect adversely the successful fulfilment of the commitments enteredinto by the operators for the purposes of Article 11 of Regulation (EEC)No 1600/92.
Article 6
Measures already in receipt of financial assistance or which are the
subject of a request for assistance from the existingstructural Fundsshall not be eligible under this Regulation.
TITLE II
Study on the processed fruit and vegetable industry
Article 7
1. The competent authorities shall be responsible for awardingthe
study by means of an invitation to tender.
2. The draft invitation to tender, includingthe contract conditions,
shall be sent to the Commission by the competent services. TheCommission shall comment on the draft, where appropriate, within onemonth of its receipt.
3. The competent services shall forward the final study to the
Commission, The latter shall make its comments known, where appro-priate, within 45 days followingreceipt of the study.
4. Payment of the Community contribution shall be conditional upon:
— compliance with the provisions of Article 13 of Regulation (EEC)
No 1600/92, the contract specifications and the comments made,
— payment of the contribution from Portugal.
TITLE III
Aid for marketing under annual contracts
Article 8
1. For the purposes of Article 12 of Regulation (EEC) No 1600/92,
‘annual contract' shall mean a contract by which an operator, either anatural or legal person established elsewhere in the Community, under-
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takes, before the beginning of the marketing period for the product or
products in question, to purchase all or part of the production of a singleproducer, producers’ association or union in the Azores and Madeira,with a view to marketingit outside the area of production.
2. Operators who intend to submit an application for aid shall send
the annual contract to the competent Portuguese services before the startof the marketingperiod for the product or products in question.
The contract shall at the very least include the followinginformation:
(a) the business names of the contractingparties and their place of
establishment;
(b) the description of the products;
(c) the quantities concerned;
(d) the duration of the commitment;
(e) the marketingschedule;
(f) the packaging and presentation method and the information relating
to transport (conditions and costs);
(g) the exact delivery stage.
3. The competent services shall assess the contracts for conformity
with the provisions of Article 12 of Regulation (EEC) No 1600/92 andwith this Regulation.
They shall verify that the contracts contain all the information specified
in paragraph 2 above.
They shall remind operators of the possibility of the application of
paragraph 6.
4. For the purpose of calculatingthe aid, the value of marketed
production, delivered to the destination zone shall be evaluated in ecuson the basis of the annual contract, the relevent transport documents andany other supportingdocuments submitted to justify the application forpayment.
The value of the marketed production to be taken into account shall be
equivalent to that of a delivery to the first port or airport of unloading.
The competent services may request any information or additional
supportingdocumentation appropriate for calculatingthe aid.
5. Applications for aid shall be submitted by the buyer who has
undertaken to market the product in the month followingthe end of themarketingperiod.
Where the management of the aid scheme so requires, the competent
services may specify marketingperiods or years for each product.
6. Where, for a given product and for one or both regions, the
quantities for which aid is requested exceed the volume of 3 000 tonneslaid down in Article 12 (1) of Regulation (EEC) No 1600/92, the aidshall be awarded to the applicant buyers in proportion to the quantitiesactually marketed under the annual contracts.
7. The increase in aid provided for in Article 12 (4) of Regulation
(EEC) No 1600/92 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-bitingcancellation of the contract before the end of the aforementionedthree-year period. This period may not begin before 1 July 1992.
Where the aforementioned commitments are broken, the buyer may not
submit an application for aid for the marketingyear concerned.
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TITLE IV
General provisions and financing
Article 9
1. Applications for Community aid for the programmes of initiatives
and for marketingshall be submitted, in accordance with Annexes IIand III, to the competent Portuguese services.
The applications shall be accompanied by invoices and all other
supportingdocuments relatingto the measures undertaken.
In the case of programmes of aid for programmes of initiatives, the
invoices or supportingdocuments shall contain a reference to that partof the programme area to which the work instalments refer.
2. The competent services, havingverified the applications for aid
and the relative supportingdocuments, shall pay out, in the two monthsfollowingthe filingof the relevant application for aid, the contributionof the Member State and the Community contribution determined inaccordance with Articles 11 and 12 of Regulation (EEC) No 1600/92.The contribution of the Member State concerned may not be paid outlater than the Community contribution.
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Article 11
1. Where aid has been paid out in error, the competent services shall
recover the sums paid out, with interest applicable from the date onwhich the aid was paid out to the date on which it was actuallyrecovered. The rate of interest to be applied shall be that in force forsimilar recovery operations under national law.
2. The aid recovered and, where appropriate, the interest shall be
paid to the disbursingorg anisations or services 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
months of the entry into force of this Regulation, the additional detailedrules adopted for the application of Articles 11, 12 and 13 of Regulation(EEC) No 1600/92.
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 .
This Regulation shall be binding in its entirety and directly applicable in
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,
— varietal improvements to increase productivity and to adjust to envir-
onmental conditions,
— adoption of cultivation techniques adapted to the climatic and physical
conditions of the region,
— plantingand 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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ANNEX III