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"B COUNCIL REGULATION (EEC) No 2075/92
of 30 June 1992
on the common organization of the market in raw tobacco
(OJ L 215, 30.7.1992, p. 70)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 711/95 of 27 March 1995 L 73 13 1.4.1995
Amended by:
"A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.19951992R2075 — EN — 01.01.1995 — 002.001 — 1
COUNCIL REGULATION (EEC) No 2075/92
of 30 June 1992
on the common organization of the market in raw tobacco
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the operation and development of the common market for
agricultural products must be accompanied by the establishment of a
common agricultural policy to include in particular a common
organization of markets which may take various forms depending on
the product;
Whereas it is the purpose of the common agricultural policy to achieve
the objectives of Article 39 of the Treaty, and, in particular in the raw
tobacco sector, the stabilization of markets and a fair standard of living
for the agricultural population concerned; whereas these objectives may
be achieved by adapting resources to requirements, in particular by
means of a quality policy;
Whereas the present situation on the tobacco market, on which supply
does not correspond to demand, calls for a substantial overhaul of the
Community arrangements which have governed the market hitherto,
while ensuring the continuation of tobacco growing by the traditional
producers; whereas such an overhaul requires simplification of the
market management mechanisms, limitation of production in line with
the requirements of the market and the demands of the budget, and
stronger means of control to ensure that the management mechanisms
fully achieve the objectives of the common market organization;
Whereas tobacco varieties can be classified in groups according to
cultivation technique and production costs, taking account of the
descriptions used in international trade;
Whereas competition on the tobacco market calls for some support of
traditional tobacco producers; whereas such support should be based on
a premium system allowing the disposal of tobacco in the Community;
Whereas the premium system can be managed efficiently by means of
cultivation contracts between growers and first processors which
guarantee stable outlets to the growers and regular supplies to the
processor; whereas payment of a sum equivalent to the premium by the
processor to the producer at the time of delivery of the tobacco covered
by the contract, subject to compliance with the quality requirements,
provides support for the growers while facilitating management of the
premium system;
Whereas, in order to limit Community tobacco production and to
discourage the production of varieties which are not readily disposed of,
a maximum global guarantee threshold should be laid down for the
Community and divided annually into specific guarantee thresholds for
the respective groups of varieties;
Whereas, to ensure that the guarantee thresholds are observed, a
processing quota system must be instituted for a limited period; whereas
for a transitional period the Member States must allocate, within the
guarantee thresholds, processing quotas to the firms concerned, the
Community rules laid down for the purpose being applied to ensure fair!B
(1) OJ No C 295, 14. 11. 1991, p. 10.
(2) OJ No C 94, 13. 4. 1992.
(3) OJ No C 98, 21. 4. 1992, p. 18.1992R2075 — EN — 01.01.1995 — 002.001 — 2
allocation on the basis of quantities processed in the past, but
disregarding any abnormal production levels; whereas the necessary
measures will be taken to permit the quotas to be allocated to the
producers subsequently, under satisfactory conditions; whereas Member
States possessing the necessary data to allocate quotas to producers on
the basis of past performance, should be authorized to do so;
Whereas first processors must not conclude cultivation contracts for
quantities exceeding the quotas allocated; whereas reimbursement of the
premium must be limited to an amount corresponding to the quota;
Whereas provision should be made initially for the premium and
production limitation systems to run until 1997 so that they can be
reviewed in the light of experience and possibly adapted for the
subsequent period;
Whereas measures to orientate production can help to stabilize the
tobacco market and improve the quality of production; whereas specific
aid will enable producer groups to contribute towards the improvement
of the organization and orientation of production; whereas a research
programe financed with the proceeds of a deduction from the premium
will enable tobacco growing to be brought more closely into line with
Community requirements as regards public health; whereas, lastly, a
conversion programme for growers of Mavra, Tsebelia, Forchheimer
Havanna IIc and hybrids of Geudertheimer tobacco is necessary because
of the importance of these varieties for the economy of certain
Community regions;
Whereas the establishment of a single market requires a single system of
trade at the external frontiers;
Whereas quantitative restrictions at the Community’ s external frontiers
can be dispensed with; whereas, however, should exceptional circum-
stances arise, in order not to leave the Community market without
protection against any disturbance, the Community should be able to take
all the necessary measures without delay;
Whereas unforeseen market circumstances may necessitate the adoption
by the Commission of exceptional market support measures;
Whereas the achievement of a single market would be jeopardized by the
grant of certain aids; whereas the Treaty provisions governing the
appraisal of aids granted by Member States and the prohibition of aids
incompatible with the common market should be applied to the tobacco
sector;
Whereas, in accordance with Council Regulation (EEC) No 729/70 of 21
April 1970 on the financing of the common agricultural policy (1), the
Community should bear financial responsibility for expenditure incurred
by Member States pursuant to this Regulation;
Whereas experience shows that more stringent controls in the tobacco
sector are essential, whereas in appropriate cases certain powers of
control could be assigned to an independent supervisory agency to deal
with the specific requirements of the tobacco market;
Whereas the common organization of the tobacco market must take
account, simultaneously and appropriately, of the objectives laid down in
Article 39 and 110 of the Treaty;
Whereas the transition from the arrangements instituted by Council
Regulation (EEC) No 727/70 of 21 April 1970 on the common
organization of the market in raw tobacco (2), to the arrangements
provided for herein must take place in the best possible conditions;
whereas transitional measures may prove necessary to ensure this;
whereas the new arrangements should not become fully applicable until
the 1993 harvest,!B
(1) OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation
(EEC) No 2048/88 (OJ No L 185, 15. 7. 1988, p. 1).
(2) OJ No L 94, 28. 4. 1970, p. 1. Regulation as last amended by Regulation
(EEC) No 860/92 (OJ No L 91, 7. 4. 1992, p. 1).1992R2075 — EN — 01.01.1995 — 002.001 — 3
HAS ADOPTED THIS REGULATION:
Article 1
The common organization of the market in raw tobacco shall comprise
rules on:
— a premium system,
— measures to orientate and limit production,— arrangements for trade with third countries.The common organization shall cover raw or unmanufactured tobacco
and tobacco refuse falling within CN heading 2401.
Article 2
Raw tobacco varieties shall be classified in the following groups:
(a) flue-cured:
tobacco dried in ovens with controlled air circulation, temperature
and humidity;
(b) light air-cured:
tobacco dried in the air under cover, not left to ferment;
(c) dark air-cured:
tobacco dried in the air under cover, left to ferment naturally before
being marketed;
(d) sun-cured:
tobacco dried in the sun;
(e) fire-cured:
tobacco dried by fire;
(f) Basma (sun-cured);
(g) Katerini (sun-cured);
(h) Kaba-Koulak (classic) and similar (sun-cured).The varieties in each group are listed in the Annex.
TITLE I
Premium system
Article 3
1. From the 1993 harvest until the 1997 harvest a premium system shall
be applied. The amount of the premium shall be the same for the tobacco
varieties in each of the various groups.
2. However, for flue-cured, light air-cured and dark air-cured tobaccos
grown in Belgium, Germany and France, a supplementary amount shall
be granted. This amount shall be equal to 50 % of the difference between
the premium granted for these tobaccos in accordance with paragraph 1
and the premium applicable for the 1992 harvest.
3. The purpose of the premium shall be to supplement the incomes of
producers whose products correspond to market requirements and to
facilitate the disposal of tobacco produced in the Community.!B1992R2075 — EN — 01.01.1995 — 002.001 — 4
Article 4
1. In accordance with the procedure laid down in Article 43 (2) of the
Treaty, the Council shall fix the amount of the premium and the
supplementary amounts for each tobacco harvest, taking particular
account of past and foreseeable possibilities for the disposal of the
various types of tobacco, under normal conditions of competition, on the
Community and world markets.
2. The amount of the premium shall be fixed:(a) per kilogram of leaf tobacco not having undergone first processing
and market preparation;
(b) for each group of raw tobacco.
Article 5
Granting of the premium shall be subject in particular to the following
conditions:
(a) the tobacco must come from a production area specified for the
variety concerned;
(b) quality requirements must be fulfilled;(c) the leaf tobacco must be delivered by the producer to the premises of
the first processor under a cultivation contract.
Article 6
1. Cultivation contracts shall include:
— an undertaking by the first processor to pay the grower the purchase
price and, where the competent body of the Member State does not
pay the premium to the grower directly, a sum equal to the premium
for the quantity under contract and actually delivered,
— an undertaking by the grower to deliver raw tobacco meeting the
quality requirements laid down in the contract to the premises of the
first processor.
2. The competent body of the Member State shall pay the premium to
the grower against submission of proof of delivery of the tobacco or shall
reimburse the premium to the first processor where the latter has paid the
producer a sum equal to the premium, against submission of proof of
delivery of the tobacco by the grower and payment of the sum referred to
in paragraph 1.
Article 7
Detailed rules for the application of this Title shall be adopted in
accordance with the procedure laid down in Article 23.
They shall comprise:— delimitation of the production areas for each variety,— quality requirements for delivered tobacco,— additional points to be included in the cultivation contract and the
final date for its conclusion,
— the possible obligation on first processors or growers to provide a
security and the conditions governing the lodging and release of the
security in the event of an application for an advance,
— specific conditions for the grant of the premium in cases where the
cultivation contract is concluded with a group of producers,
— measures to be taken in the event of failure of the grower or first
processor to fulfil his statutory obligations.!B
!M1
!B
!M1
!B1992R2075 — EN — 01.01.1995 — 002.001 — 5
TITLE II
System of production limitation
Article 8
A maximum global guarantee threshold for the Community is hereby
fixed at "A1350 600 3tonnes of raw leaf tobacco per harvest.
However, for 1993, this threshold is fixed at 370 000 tonnes.
Every year, within this limit the Council shall fix, in accordance with the
procedure laid down in Article 43 (2) of the Treaty, a specific guarantee
threshold for each group of varieties, taking particular account of market
conditions and socio-economic and agronomic conditions in the
production areas concerned.
Article 9
1. To ensure observance of the guarantee thresholds, a system of
production quotas shall apply for the 1995, 1996 and 1997 harvests.
2. Pursuant to the procedure laid down in Article 43 (2) of the Treaty,
the Council shall allocate the quantities available in each group of
varieties for each harvest among the producer Member States.
3. On the basis of the quantities allocated pursuant to paragraph 2 and
without prejudice to the application of paragraph 4, the Member States
shall divide up production quotas among the growers in proportion to the
average quantities delivered for processing in the three years preceding
the year of the last harvest, broken down by group of varieties. However,
production in 1992 and deliveries from that harvest shall not be taken
into account; they shall be replaced by those of the fourth year preceding
the year of the last harvest. The procedure for allocating production
quotas for subsequent harvests shall not be affected by this distribution.
4. When quotas are divided up as provided for in paragraph 3, no
account shall be taken, in particular, when calculating the reference
production, of quantities of raw tobacco produced in excess of the
maximum guaranteed quantities applicable pursuant to Regulation
(EEC) No 727/70.
Where appropriate, only production within the quotas allocated during
the years taken into consideration shall be taken into account.
Article 10
1. No premium may be granted in respect of quantities produced in
excess of the quota allocated to the grower.
2. Notwithstanding paragraph 1, growers may deliver surplus produc-
tion corresponding to up to 10 % of their quotas for each group of
varieties, that surplus being eligible for the premium granted in respect
of the following harvest on condition that, during the latter harvest, the
party concerned reduces his production by a corresponding amount so
that the combined quotas for the two harvests in question are not
exceeded.
Article 11
Detailed rules for the application of this Title shall be adopted in
accordance with the procedure laid down in Article 23. They shall
include in particular the adjustments to the method for dividing up the
quotas provided for Article 9 (4).!B
!M11992R2075 — EN — 01.01.1995 — 002.001 — 6
TITLE III
Measures to convert production
Article 12
1. In order to concentrate supply and adapt it to the qualitative
requirements of the market, specific aid equivalent to 10 % of the
premium shall be granted where cultivation contracts are concluded
between a first processor and a recognized group of producers and where
the deliveries covered by such contracts account for the entire output of
the members of the group.
2. Specific aid shall be paid to the producers’ group for the purpose of
improving the organization and orientation of production.
3. Detailed rules for the application of this Article shall be adopted by
the Commission in accordance with the procedure laid down in Article
23. They shall include:
— the definition of producers’ groups eligible for specific aid,— the conditions for recognizing producers’ groups,— the use to which specific aid may be put.
Article 13
1. A Community fund for tobacco research and information shall be set
up. It shall be financed from the proceeds of a deduction not exceeding
1 % from the premium at the time of payment.
2. The fund shall finance and coordinate programmes of research and
information to promote greater knowledge of the harmful effects of
tobacco and the appropriate preventive and curative measures relevant to
such effects and to orientate Community tobacco production towards the
least harmful varieties and qualities.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 23.
Article 14
A three-year programme for the conversion of plantations of Mavra,
Tsebelia, Forchheimer Havanna IIc and hybrids of Geudertheimer
tobacco to varieties more in line with market requirements or to other
agricultural crops shall be adopted by the Commission in accordance
with the procedure laid down in Article 23. The programme shall be
launched beginning with the 1993 harvest. It may comprise specific
measures to compensate growers for any loss of income due to the
conversion.
TITLE IV
Trade with third countries
Article 15
Except where this Regulation provides otherwise or where the
Commission adopts a derogation in accordance with the procedure laid
down in Article 23, the following shall be prohibited in trade with third
countries:
(a) the collection of any charge with an effect equivalent to a customs
duty;
(b) the application of any quantitative restriction or measure with
equivalent effect.!B1992R2075 — EN — 01.01.1995 — 002.001 — 7
Article 16
1. If, by reason of imports or exports, the Community market in one or
more of the products referred to in Article 1 suffers or is liable to suffer
serious disturbance which may jeopardize the objectives of Article 39 of
the Treaty, appropriate measures may be taken in respect of trade with
third countries until the disturbance or threat of disturbance has ceased.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide on
the necessary measures, which shall be notified to the Member States
and be immediately applicable. If the Commission receives a request
from a Member States it shall take a decision thereon within 24 hours
after receipt of the request.
3. The measures taken by the Commission may be referred to the
Council by any Member State within three working days of the date of
notification. The Council shall meet without delay. It may amend or
repeal the measure in question by a qualified majority.
TITLE V
General and transitional provisions
Article 17
In order to deal with unforeseen market circumstances, exceptional
support measures may be taken in accordance with the procedure laid
down in Article 23. The scope and duration of such measures may not
exceed that which is strictly necessary to support the market.
Article 18
Except where this Regulation provides otherwise, Articles 92, 93 and 94
of the Treaty shall apply to production of and trade in the products
referred to in Article 1.
Article 19
Expenditure incurred pursuant to Title I and III shall be regarded as
expenditure within the meaning of Article 1 (2) of Regulation (EEC) No
729/70.
Article 20
1. Member States shall take all the necessary measures to ensure
compliance with the Community provisions concerning raw tobacco. To
this end they shall notify to the Commission, within six months after the
adoption of this Regulation, the arrangements they intend to make for the
purposes of management and control. Within three months after such
notification the Commission shall approve the arrangements or ask for
adjustments. Where adjustments are required the Member State shall
make them at the earliest opportunity. Any modification of national
arrangements shall be notified without delay by the Member States to the
Commission and examined by it in accordance with the same procedure.
2. Each producer Member State shall set up, in accordance with its
legal order, a specific agency to carry out certain checks in connection
with the Community arrangements for tobacco. However, Member States
who have a threshold quantity of less than 45 000 tonnes pursuant to
Article (9) 2, may choose not to set up such an agency.
3. The agency shall be given complete administrative autonomy. It shall
be given full powers by the Member States concerned to carry out the
tasks assigned to it.
Its staff shall be sufficient in number and level of training to accomplish
the tasks specified above.!B1992R2075 — EN — 01.01.1995 — 002.001 — 8
4. Before the beginning of each marketing year, the Member State
concerned shall, acting on a proposal from the agency, draw up and send
to the Commission a budget estimate and work schedule to ensure
correct application of the premium system. The Commission may ask the
Member State, without prejudice to the responsibilities of the latter, to
make any change in the budget estimate or work schedule that it deems
appropriate.
Persons designated by the Commission may at any time monitor any of
the work carried out by the agency.
The agency shall submit to the Member State and the Commission
regular reports on the work which it has carried out. Such reports must
mention any problems encountered and, where appropriate, suggestions
as to how to improve the checking arrangements.
5. 50 % of actual expenditure by the agency shall be chargeable to the
general budget of the European Communities, the remainder being
covered by the Member State concerned.
6. The annual amount representing the actual expenditure referred to in
paragraph 5 shall be decided upon by the Commission on the basis of the
particulars provided by the Member States concerned. The amount shall
be granted when the Commission is satisfied that the agency has been set
up and is performing the work assigned to it. In order to facilitate the
setting-up and operation of the agency, the amount in question may be
paid in advance in the form of instalments during the year in question, in
accordance with the agency’ s annual budget, the latter being drawn up
with the agreement of the Member State and the Commission before the
end of October of each following year.
7. Member States shall take the necessary measures to ensure that the
inspection officers designated pursuant to paragraphs 2 to 4:
— have access to the premises of production, processing and marketing,— can examine accounting data and other documents relevant to the
checking procedure, and make copies or take extracts from them,
— can ask for any relevant information.8. Detailed rules for the application of this Article shall be adopted by
the Commission in accordance with the procedure laid down in Article
23.
Article 21
Member States and the Commission shall send each other any
information necessary for the application of this Regulation. Detailed
rules for the sending and dissemination of such information shall be
adopted in accordance with the procedure laid down in Article 23.
Article 22
A Management Committee for Tobacco (hereinafter called ‘the
Committee’) shall be established, consisting of representatives of
Member States and presided over by a representative of the Commission.
Article 23
1. The representative of the Commission shall submit to the Committee
a draft of the measures to be taken. The Committee shall deliver its
opinion on the draft within a time limit which the chairman may lay
down according to the urgency of the matter. The opinion shall be
delivered by the majority laid down in Article 148 (2) of the Treaty in the
case of decisions which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives of the Member
States within the Committee shall be weighted in the manner set out in
that Article. The chairman shall not vote.!B1992R2075 — EN — 01.01.1995 — 002.001 — 9
2. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with the opinion
of the Committee, they shall be communicated by the Commission to the
Council. In that event the Commission may defer application of the
measures which it has decided for a period of not more than one month
from the date of such communication.
3. The Council, acting by a qualified majority, may take a different
decision within the time limit referred to in the previous paragraph.
Article 24
The Committee may consider any other matter raised by its chairman,
either on his initiative or at the request of the representative of a Member
State.
Article 25
This Regulation must be applied in such a way that account is taken,
simultaneously and appropriately, of the objectives laid down in Articles
39 and 110 of the Treaty.
Article 26
Before 1 April 1996 the Commission shall submit a proposal to the
Council concerning the arrangements provided for in Titles I and II for
application from the 1998 harvest onwards. The Council shall act on this
proposal in accordance with the procedure laid down in Article 43 (2) of
the Treaty.
Article 27
Where transitional measures prove necessary to facilitate the transition
from the arrangements set up by Regulation (EEC) No 727/70 to those
laid down in this Regulation, such measures shall be adopted in
accordance with the procedure laid down in Article 23.
Article 28
Regulation (EEC) No 727/70 is repealed with effect from the 1993
harvest.
Article 29
This Regulation shall apply from the 1993 harvest.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1992R2075 — EN — 01.01.1995 — 002.001 — 10
ANNEX
CLASSIFICATION OF TOBACCO V ARIETIES
I. FLUE-CURED
Virginia
Virginia D and hybrids thereof
Bright
II. LIGHT AIR-CURED
Burley
Badischer Burley and hybrids thereof
Maryland
III. DARK AIR-CURED
Badischer Geudertheimer, Pereg, Korso
Paraguay and hybrids thereofDragon Vert and hybrids thereof
Philippin
Petit Grammont (Flobecq)Semois
Appelterre
NijkerkMisionero and hybrids thereof
Rio Grande and hybrids thereof
Forchheimer Havanna IIcNostrano del Brenta
Resistente 142
GoyanoHybrids of GeudertheimerBeneventano
Brasile Selvaggio and similar varieties
Fermented BurleyHavanna
IV . FIRE-CURED
Kentucky and hybrids
Moro di Cori
Salento
V . SUN-CURED
Xanthi-Y aka
PerustitzaSamsun
Erzegovina and similar varieties
Myrodata Smyrnis, Trapezous and Phi IKaba Koulak (non-classic)
Tsebelia
Mavra
VI. Basmas
VII. Katerini and similar varieties
VIII. Kaba Koulak (classic)
Elassona
Myrodata AgrinionZichnomyrodata!
B1992R2075 — EN — 01.01.1995 — 002.001 — 11