Commission Regulation (EC) No 293/98 of 4 February 1998 determining the operative events applicable to products in the fruit and vegetables sector, to processed fruit and vegetable products and partly to live plants and floricultural products and to certain products listed in Annex II to the EC Treaty, and repealing Regulation (EC) No 1445/93
Date: 1998-02-04
Institutions: European Commission
Subjects: agri-monetary policy, fresh fruit, fresh vegetable, fruit product, representative rate, vegetable product

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COMMISSION REGULATION (EC) No 293/98

of 4 February 1998

determining the operative events applicable to products in the fruit and veget-
ables sector, to processed fruit and vegetable products and partly to live plants
and floricultural products and to certain products listed in Annex II to the EC
Treaty, and repealing Regulation (EC) No 1445/93

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

whereas the operative events determined by Commission
Regulation (EEC) No 1445/93 (10), as last amended by
Regulation (EC) No 3434/93 (11), should be adapted to
this new situation, and the aforesaid Regulation (EEC) No
1445/93 should be repealed;

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 (1), as last amended by Regu-
lation (EC) No 150/95 (2), and in particular Article 6(2)
thereof,

Whereas Regulation (EEC) No 3813/92 introduces new
agri-monetary arrangements as from 1 January 1993;
whereas, within the framework of
that Regulation,
Commission Regulation (EEC) No 1068/93 of 30 April
1993 on detailed rules for determining and applying the
agricultural conversion rates (3), as last amended by Regu-
lation (EC) No 1482/96 (4), determines the operative
events for the agricultural conversion rates to apply after
the transitional measures provided for in Article 1 of
Commission Regulation (EEC) No 3820/92 (5), without
prejudice to further details to be specified or to deroga-
tions to be provided for, where appropriate, by regula-
tions covering the product groups concerned on the basis
of the criteria set out in Article 6 of Regulation (EEC) No
3813/92; whereas the operative events for the agricultural
conversion rates to apply after the transitional measures
provided for in Article 1 of Regulation (EEC) No 3820/92
to products in the fruit and vegetables sector, processed
fruit and vegetable products and to certain aid for live
plants and floricultural products should accordingly be
determined and grouped within a single regulation;

Whereas new common organisations of markets were
introduced by Council Regulation (EC) No 2200/96 (6), as
last amended by Commission Regulation (EC) No 2520/
97 (7), for fruit and vegetables and by Council Regulation
(EC) No 2201/96 (8), as amended by Regulation (EC) No
2199/97 (9), for processed fruit and vegetable products;

(1) OJ L 387, 31. 12. 1992, p. 1.
(2) OJ L 22, 31. 1. 1995, p. 1.
(3) OJ L 108, 1. 5. 1993, p. 106.
(4) OJ L 188, 27. 7. 1996, p. 22.
(5) OJ L 387, 31. 12. 1992, p. 22.
(6) OJ L 297, 21. 11. 1996, p. 1.
(7) OJ L 346, 17. 12. 1997, p. 41.
(8) OJ L 297, 21. 11. 1996, p. 29.
(9) OJ L 303, 6. 11. 1997, p. 1.

Whereas Annexes I and II to Commission Regulation
(EC) No 412/97 of 3 March 1997 laying down detailed
rules for the application of Council Regulation (EC) No
2200/96 as regards the recognition of producer organisa-
tions (12), as last amended by Regulation (EC) No 1493/
97 (13), determine, pursuant to Article 11(2)(a) of Regula-
tion (EC) No 2200/96, the minimum volumes of market-
able production required of recognised producer organ-
isations; whereas these are annual volumes; whereas,
pursuant to Article 6(2) of Regulation (EEC) No 3813/92,
the operative event for the agricultural conversion rate for
these volumes should be 1 January of the relevant year;

a maximum level

Whereas Article 15(3) of Regulation (EC) No 2200/96
lays down the conditions in which Member States may
set
to the
for
Community withdrawal compensation paid by the opera-
tional funds; whereas the operative event applicable to
the corresponding withdrawal compensation should be
applied to the rate of conversion of this maximum level;

the supplement

Whereas in order to determine the Community financial
assistance provided for in Article 15(1) of Regulation (EC)
No 2200/96, it is necessary to express in ecus the value of
marketed production of producer organisations, the es-
timated amount of operational funds, the actual financial
contributions from member producers to operational
funds and the expenditure on operational programmes as
defined in Articles 7 and 9 of Commission Regulation
(EC) No 411/97 of 3 March 1997 laying down detailed

(10) OJ L 142, 12. 6. 1993, p. 27.
(11) OJ L 314, 16. 12. 1993, p. 11.
(12) OJ L 62, 4. 3. 1997, p. 16.
(13) OJ L 202, 30. 7. 1997, p. 32.

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rules for the application of Council Regulation (EC) No
2200/96 as regards operational programmes, operational
funds and Community financial assistance (1) as last
amended by Regulation (EC) No 1501/97 (2); whereas
these are annual amounts; whereas, pursuant to Article
6(2) of Regulation (EEC) No 3813/92, the operative event
for the agricultural conversion rate for these volumes
should be defined as 1 January of the relevant year;

price of the lot concerned must be expressed in ecus;
whereas conversion must be effected in accordance with
Article 4 of Regulation (EEC) No 1068/93 and Article 18
of Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code (7), as
last amended by Regulation (EC) No 82/97 (8); whereas
by analogy with Article 9 of Regulation (EEC) No 1068/
93, the rates applicable must be those in force on the
date of acceptance of the customs declaration;

Whereas the fourth indent of Article 10(1) of Regulation
(EEC) No 1068/93 provides that in the case of with-
drawals of products in the fruit and vegetables sector the
operative event for the agricultural conversion rate is to
occur on the first day of the month in which the with-
drawal takes place; whereas that rule should apply not
only to withdrawals pursuant to Article 23(1) of Regula-
tion (EC) No 2200/96, but also, because related or similar
operations are involved, to the maximum sorting and
packing costs defrayed in accordance with Article 30(6) of
Regulation (EC) No 2200/96, for apples and citrus fruits
distributed free in the conditions of Article 16 of
Commission Regulation (EC) No 659/97 of 16 April
1997 laying down detailed rules for the application of
Council Regulation (EC) No 2200/96 as regards interven-
tion arrangements in the fruit and vegetables sector (3), as
amended by Regulation (EC) No 1946/97 (4), and to the
flat-rate aid provided for the 1997/98 marketing year
under Article 15a of the said Regulation (EC) No 659/97,
to cover packing of certain products withdrawn from the
market
for free distribution; whereas Article 10(2) of
Regulation (EEC) No 1068/93 may be applied to aid
fruit and vegetables
transport of
towards the cost of
distributed free provided for, pursuant to Article 30(6) of
Regulation (EC) No 2200/96, in Article 15 of Regulation
(EC) No 659/97;

Whereas Article 2(3) of Commission Regulation (EC) No
3223/94 of 21 December 1994 on detailed rules for the
application of
the import arrangements for fruit and
vegetables (5), as last amended by Regulation (EC) No
2375/96 (6), provides that prices recorded in accordance
with Article 2(2) shall, where they are established at the
wholesaler/retailer stage, be reduced by an amount equal
to ECU 0,7245 per 100 kilograms; whereas the provisions
of Article 12(2) of Regulation (EEC) No 1068/93 should
be applied in this case by analogy;

Whereas the provisions of Article 7 and Article 12(2) of
Regulation (EEC) No 1068/93 apply to the calculation of
the standard import value referred to in Article 4(1) of
Regulation (EC) No 3223/94;

Whereas for the purpose of applying Article 5(1)(a) of
Regulation (EC) No 3223/94 (‘invoice method'), the entry

Whereas the export refund provided for in Article 35 of
Regulation (EC) No 2200/96 is included in the arrange-
ments for trade with third countries introduced by Title
V of that Regulation; whereas it is therefore covered by
Article 9 of Regulation (EEC) No 1068/93;

Whereas Article 55 of Regulation (EC) No 2200/96
provides for aid to the hazelnut sector; whereas the
detailed rules for the application of that aid, laid down by
Commission Regulation (EC) No 1474/97 (9), provide
that it shall be granted to producer organisations, for the
products taken over by them; whereas, in view of the
large number of producers, pursuant to Article 6(2) of
Regulation (EEC) No 3813/92 and notwithstanding
Article 10(2) of Regulation (EEC) No 1068/93, the opera-
tive event for the agricultural conversion rate should be
the first day of the month of take over of the products by
the producer organisations concerned;

Whereas Article 2(1) of Regulation (EC) No 2201/96
provides for a system of production aid for certain
that
processed fruit and vegetable products; whereas
system provides for the granting of aid to the processor
subject to payment of a minimum price to the producer;
whereas, under those conditions and owing to the very
large number of operators, processors and producers
involved, pursuant to Article 6(2) of Regulation (EEC) No
3813/92 and notwithstanding Article 10(2) of Regulation
(EEC) No 1068/93, the operative event for the agricul-
tural conversion rate should be the first day of the month
of take over of the products by the processor;

Whereas Council Regulation (EEC) No 525/77 of 14
March 1977 establishing a system of production aid for
tinned pineapple (10), as last amended by Regulation
(EEC) No 1699/85 (11),
introduces an aid scheme for
processors subject to payment of a minimum price to
pineapple producers; whereas, since there are two harvests
in each marketing year, the operative event applicable to
each harvest should be fixed at the beginning of the
harvest in question;

(1) OJ L 62, 4. 3. 1997, p. 9.
(2) OJ L 202, 30. 7. 1997, p. 45.
(3) OJ L 100, 17. 4. 1997, p. 22.
(4) OJ L 274, 7. 10. 1997, p. 4.
(5) OJ L 337, 24. 12. 1994, p. 66.
(6) OJ L 325, 14. 12. 1996, p. 5.

(7) OJ L 302, 19. 10. 1992, p. 1.
(8) OJ L 17, 21. 1. 1997, p. 1.
(9) OJ L 200, 29. 7. 1997, p. 23.
(10) OJ L 73, 21. 3. 1977, p. 46.
(11) OJ L 163, 22. 6. 1985, p. 12.

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Whereas Article 7 of Regulation (EC) No 2201/96
provides for aid for the cultivation of certain varieties of
the production of dried grapes;
grapes intended for
whereas the amount of
the aid is fixed per hectare;
whereas Article 11(1) of Regulation (EEC) No 1068/93
should apply to that aid;

Whereas Article 10(1) of Regulation (EEC) No 1068/93
should apply to storage of sultanas, currants and dried
figs as referred to in Article 9 of Regulation (EC) No
2201/96 and in particular to the minimum price referred
to in Article 9(2) and to the storage aid referred to in
Article 9(4);

Whereas the amount in ecus in Article 7(2) of Commis-
sion Regulation (EEC) No 627/85 of 12 March 1985 on
storage aid and financial compensation for unprocessed
dried grapes and figs (1), as last amended by Regulation
(EC) No 1922/95 (2), represents the residual value of the
stocks of dried figs and dried grapes at the date of the
stocktaking referred to in Article 7(1) of Regulation (EEC)
No 627/85; whereas the operative event for the agricul-
tural conversion rate applicable to that amount must be
that date;

Whereas Article 10(1) of Regulation (EEC) No 1068/93
may be applied to sales of unprocessed dried grapes and
figs held by storage agencies, at prices fixed in advance in
ecus in accordance with Article 9(7) of Regulation (EC)
No 2201/96;

Whereas the arrangements for sales organised by invita-
tion to tender, pursuant to Article 9(7) of Regulation (EC)
No 2201/96, of unprocessed dried grapes and figs held by
storage agencies were laid down by Commission Regula-
tion (EEC) No 626/85 (3), as last amended by Regulation
(EC) No 1437/97 (4); whereas Article 13(2)(c) of the said
the price
Regulation (EEC) No 626/85 provides that
offered shall be expressed in the currency of the Member
State whose storage agency has issued the invitation to
tender; whereas Article 15 of that Regulation provides
that minimum selling prices may be fixed in the light of
the same agricultural
the tenders
conversion rate should be applied to prices offered and to
minimum selling prices; whereas the same agricultural
conversion rate should be applied to prices offered and to
minimum selling prices; whereas notwithstanding Article
10(1) of Regulation (EEC) No 1068/93,
the operative
event for that rate should be the closing date for the
submission of tenders laid down pursuant to Article 12 of
Regulation (EEC) No 626/85;

received; whereas

Whereas the second indent of Article 12(4) of Regulation
(EEC) No 1068/93 should apply to the securities referred

to in the second indent of Article 9(3) and the second
indent of Article 9(7) of Regulation (EC) No 2201/96;

for

Whereas Article 10(3) of Regulation (EC) No 2201/96
temporary flat-rate aid
provides
the granting of
expressed in ecus per hectare,
for the production of
asparagus for processing; whereas the detailed rules for
the application of this aid, laid down by Commission
Regulation (EC) No 956/97 (5), provide that it shall be
granted in 1997, 1998 and 1999; whereas Article 11(1) of
Regulation (EEC) No 1068/93 applies to this aid; whereas
in accordance with the second paragraph of Article 4 of
Regulation (EC) No 659/97, the marketing year for aspar-
agus runs from 1 January to 31 December;

Whereas the minimum import price for dried grapes and
certain processed cherries and the countervailing charge
provided for in Article 13 of Regulation (EC) No 2201/96
the export refund provided for in Article 16 of that Regu-
lation, and the export levy on certain products containing
added sugar provided for in Article 20 of that Regulation
are part of the arrangements for trade with third countries
introduced by Title II of that Regulation; whereas they
are therefore covered by Article 9 of Regulation (EEC)
No 1068/93;

that

fruits; whereas

scheme provides

Whereas Council Regulation (EC) No 2202/96 (6) intro-
duces a Community aid scheme for producers of certain
citrus
aid to
producer organisations for lemons, grapefruit, oranges,
mandarins, clementines and satsumas supplied to pro-
cessors under contracts; whereas, under those conditions
and owing to the very large number of operators, proces-
sors and producers involved, pursuant to Article 6(2) of
Regulation (EEC) No 3813/92 and notwithstanding
Article 10(2) of Regulation (EEC) No 1068/93, the opera-
tive event for the agricultural conversion rate should be
the first day of the month of take over of the products by
the processor; whereas that date is the day of delivery at
the processing plant as attested to in accordance with the
provisions of Article 10(2) of Commission Regulation
(EC) No 1169/97 (7) laying down detailed rules for the
application of Council Regulation (EC) No 2202/96;

Whereas Title IIa of Council Regulation (EEC) No 1035/
72 of 18 May 1972 on the common organisation of the
market in fruit and vegetables (8), as last amended by
Commission Regulation (EC) No 1363/95 (9), provided
for specific measures for nuts and locust beans; whereas
Regulation (EEC) No 1035/72 was repealed by Regula-
tion (EC) No 2200/96; whereas, however, Article 53 of

(1) OJ L 72, 13. 3. 1985, p. 17.
(2) OJ L 185, 4. 8. 1995, p. 19.
(3) OJ L 72, 13. 3. 1985, p. 7.
(4) OJ L 196, 24. 7. 1997, p. 62.

(5) OJ L 139, 30. 5. 1997, p. 100.
(6) OJ L 297, 21. 11. 1996, p. 49.
(7) OJ L 169, 27. 6. 1997, p. 15.
(8) OJ L 118, 20. 5. 1972, p. 1.
(9) OJ L 132, 16. 6. 1995, p. 8.

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Regulation (EC) No 2200/96 provides that any rights
acquired by producer organistions in application of Title
IIa of Regulation (EEC) No 1035/72 shall be maintained
until exhausted; whereas, pursuant
to Article 19 of
Commission Regulation (EEC) No 2159/89 of 18 July
1989 laying down detailed rules for applying the specific
measures for nuts and locust beans provided for in Title
IIa of Council Regulation (EEC) No 1035/72 (1), as last
amended by Regulation (EEC) No 1363/95, the aid to
improve the quality and marketing of nuts and locust
beans provided for in Article 14d(2) of Regulation (EEC)
No 1035/72 is to be paid at the end of each annual
reference period; whereas, pursuant to Article 11(2) of
Regulation (EEC) No 1068/93, the operative event for the
agricultural conversion rate applicable to the maximum
aid in question, fixed in Article 2 of Council Regulation
(EEC) No 790/89 (2), as last amended by Commission
Regulation (EEC) No 1825/97 (3), should accordingly be
1 January of each annual reference period;

raspberries

intended for processing (4),

Whereas Article 2(2) of Council Regulation (EEC) No
1991/92 of 13 July 1992 establishing a special scheme
for
last
amended by Regulation (EC) No 1363/95, provides for a
one-off flat-rate grant to producer organisations; whereas,
pursuant to paragraph 3 of that Article, the grant is to be
calculated on the basis of the production of the producer
organisation during the first marketing year following
special recognition; whereas the operative event for the
agricultural conversion rate applicable to the grant should
therefore be the first day of that marketing year;

as

Whereas Article 6(3) of Regulation (EEC) No 1991/92
provides for the granting of aid to producer organisations
for carrying out programmes to improve the competitive-
ness of the sector producing raspberries for processing
and fixes the maximum amount thereof per hectare per
year; whereas the operative event
for the agricultural
conversion rate applicable each year to that aid should
therefore be the beginning of the marketing year in ques-
tion;

Whereas specific measures in respect of certain agricul-
tural products for the benefit of
the French overseas
departments (FOD) were introduced by Council Regula-
tion (EEC) No 3763/91 (5), as last amended by Regula-
tion (EC) No 2598/95 (6); whereas detailed rules for the
application of part of those measures were laid down by
Commission Regulation (EC) No 489/97 (7);

(1) OJ L 207, 19. 7. 1989, p. 19.
(2) OJ L 85, 30. 3. 1989, p. 6.
(3) OJ L 260, 23. 9. 1997, p. 9.
(4) OJ L 199, 18. 7. 1992, p. 1.
(5) OJ L 356, 24. 12. 1991, p. 1.
(6) OJ L 267, 9. 11. 1995, p. 1.
(7) OJ L 76, 18. 3. 1997, p. 6.

Whereas Article 13 of Regulation (EEC) No 3763/91
provides for aid for the fruit, vegetables, flowers and live
plants listed in Chapters 6, 7 and 8 of the Combined
Nomenclature with the exception of bananas other than
plantains, for pepper and fruits of the genera Capiscum
and Pimenta falling within CN code 0904 and the spices
falling within CN code 0910, for exclusive supply to the
FOD market; whereas the granting of this aid is subject
to the conclusion of supply contracts between specific
producers and operators; whereas this aid is granted on
the basis of product quantities supplied under those
contracts; whereas, in this case and because of the very
large number of operators and producers
involved,
pursuant to Article 6(2) of Regulation (EEC) No 3813/92
and notwithstanding Article 10(2) of Regulation (EEC)
No 1068/93 the operative event
the agricultural
conversion rate should be the first day of the month of
supply by the producer as attested to by the supporting
documents referred to in Article 10(2) of Regulation (EC)
No 489/97;

for

Whereas Article 13(2) of Regulation (EEC) No 3763/91
provides for aid for the production of green vanilla
intended for the production of dried (black) vanilla or
vanilla extracts; whereas that aid is granted on the basis of
product quantities; whereas by virtue of Article 6 of
Regulation (EC) No 489/97, the aid is paid to the green
vanilla producer via the processors approved by the
competent authorities; whereas, by analogy,
this aid
should be treated in the way established above for the
production aid provided for in Article 2(1) of Regulation
(EC) No 2201/96;

Whereas Article 13(3) of Regulation (EEC) No 3763/91
provides for production aid for essential oils of geranium
and vetiver; whereas that aid is granted on the basis of
product quantities; whereas by virtue of Article 7 of
Regulation (EC) No 489/97, the aid is paid to producers
through local collection and marketing bodies approved
by the competent authorities; whereas, by analogy, this
aid should be treated in the way established above for the
production aid provided for in Article 2(1) of Regulation
(EC) No 2201/96;

that destination may be

Whereas Article 15(1) of Regulation (EEC) No 3763/91
introduces aid for the marketing of certain products
harvested in the FOD; whereas that aid amounts to 10 %
of the value of production marketed free at destination;
whereas
located in the
Community or in third countries; whereas the value of
the products may be expressed in the national currency
of a third country; whereas the economic objective of the
operation concerned by that aid is achieved when the
products are taken over by the purchaser; whereas the
operative event for the agricultural conversion rate applic-
able to that aid should therefore be the first day of such
take over; whereas it should be specified that where
Article 4 of Regulation (EEC) No 1068/93 applies,
account should be taken of the conversion rate applicable
that day;

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for

Whereas specific measures for the Azores and Madeira
relating to certain agricultural products were introduced
by Council Regulation (EEC) No 1600/92 (1), as last
amended by Regulation (EC) No 2348/96 (2); whereas
the measures were laid down by
detailed rules
as
Commission Regulation (EC) No
amended by Regulation (EEC) No 1445/93, in respect of
fruit, vegetables, plants and flowers and tea, by Commis-
sion Regulation (EEC) No 2999/92 (4), as last amended
by Regulation (EC) No 2381/97 (5),
in respect of
processed fruit and vegetable products, by Commission
Regulation (EEC) No 3518/92 (6), as amended by Regula-
tion (EEC) No 1445/93, in respect of pineapple produc-
tion and by Commission Regulation (EEC) No 1696/
92 (7), as last amended by Regulation (EEC) No 2596/
93 (8), in respect of the specific arrangements for supply;

2311/92 (3),

Whereas the operative event for the agricultural conver-
sion rate for aid for the supply of processed fruit and
vegetable products to Madeira fixed, pursuant to Article
3(2) of Regulation (EEC) No 1600/92, by Article 2 of
Regulation (EEC) No 2999/92 is determined by Article
4(9) of Regulation (EEC) No 1696/92; whereas, however,
the granting of aid is subject to the lodging of security;
whereas the amount of that security is fixed in ecus in
Article 5(1) of Regulation (EEC) No 2999/92; whereas in
this case the operative event should be the day of submis-
sion of the certificate application;

Whereas Article 11 of Regulation (EEC) No 1600/92
introduces aid for programmes of initiatives and fixes the
maximum amount thereof in ecus; whereas that aid is
paid annually; whereas the detailed rules for that aid laid
down in Regulation (EEC) No 2311/92 provide in par-
ticular for aid applications to be submitted each year
before a date determined by the competent departments
of the Member States concerned; whereas the operative
event for the agricultural conversion rate applicable to
those aids should therefore occur each year on 1 January
the programme of
of
initiatives;

implementation of

the year of

Whereas aid for marketing certain tropical products
harvested in the Azores and Madeira was introduced by
Article 12(1) of Regulation (EEC) No 1600/92; whereas
that aid should be treated in the same way as similar aid
granted in the FOD;

Whereas Article 12(1) of Regulation (EEC) No 1068/93
should apply for the purposes of determining the oper-
ative event for the agricultural conversion rate applicable

(1) OJ L 173, 27. 6. 1992, p. 1.
(2) OJ L 320, 11. 12. 1996, p. 1.
(3) OJ L 222, 7. 8. 1992, p. 24.
(4) OJ L 301, 17. 10. 1992, p. 7.
(5) OJ L 329, 29. 11. 1997, p. 35.
(6) OJ L 355, 5. 12. 1992, p. 21.
(7) OJ L 179, 1. 7. 1992, p. 6.
(8) OJ L 238, 23. 9. 1993, p. 24.

to the Community contribution towards an economic
analysis and forward study of
the fruit and vegetable
processing industry provided for in Article 13(1) of Regu-
lation (EEC) No 1600/92;

Whereas Article 30 of Regulation (EEC) No 1600/92
provides for aid for the production of pineapples and
fixes the amount thereof in ecus; whereas the detailed
rules for the application of that provision were laid down
by Commission Regulation (EEC) No 3518/92, Article 1
of which provides that
the aid in question is to be
applied for in respect of two defined harvest periods;
whereas the operative event for the agricultural conver-
sion rate applicable to that aid should therefore be the
beginning of the harvest period in question;

Whereas Council Regulation (EEC) No 1601/92 (9), as
last amended by Regulation (EC) No 2348/96, introduces
specific measures for the Canary Islands with regard to
certain agricultural products; whereas detailed rules for
the application of those measures were laid down by
Commission Regulation (EEC) No 2173/92 (10), as last
amended by Regulation (EC) No 1363/95, in respect of
fruit and vegetables, plants and flowers, by Commission
Regulation (EC) No 3010/94 (11), as last amended by
Regulation (EC) No 1249/97 (12), in respect of processed
fruit and vegetable products, and by Commission Regula-
tion (EC) No 2790/94 (13), as last amended by Regulation
(EC) No 2883/94 (14), in respect of the specific arrange-
ments for supply;

Whereas Article 15 of Regulation (EEC) No 1601/92
introduces aid for programmes of initiatives and fixes the
maximum amount thereof in ecus; whereas that aid is
paid annually; whereas the detailed rules for that aid, laid
down in Regulation (EEC) No 2173/92, provide in par-
ticular for aid applications to be submitted each year
before a date determined by the competent departments
of the Member States concerned; whereas the operative
event for the agricultural conversion rate applicable to
that aid should therefore occur each year on 1 January of
the year of implementation of the programme of initia-
tives;

Whereas aid for marketing certain tropical products
harvested in the Canary Islands was introduced by Article
16(1) of Regulation (EEC) No 1601/92; whereas that aid
should be treated in the same way as similar aid granted
in the FOD;

(9) OJ L 173, 27. 6. 1992, p. 13.
(10) OJ L 217, 31. 7. 1992, p. 56.
(11) OJ L 320, 13. 12. 1994, p. 5.
(12) OJ L 173, 1. 7. 1997, p. 90.
(13) OJ L 296, 17. 11. 1994, p. 32.
(14) OJ L 304, 29. 11. 1994, p. 18.

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Whereas Article 12(1) of Regulation (EEC) No 1068/93
should apply for the purposes of determining the oper-
ative event for the agricultural conversion rate applicable
to the Community contribution towards an economic
the fruit and vegetable
analysis and forward study of
processing industry provided for in Article 17(1) of Regu-
lation (EEC) No 1601/92;

Whereas Article 1 of Council Regulation (EC) No 2200/
97 (1) introduces a grubbing-up premium for apple trees,
pear trees, peach trees and nectarine trees; whereas the
detailed rules
that premium are laid down in
Commission Regulation (EC) No 2467/97 (2); whereas
Article 11(2) of Regulation (EEC) No 1068/93 should
apply to it;

for

Whereas the measures provided for in this Regulation are
in accordance with the joint opinion of the Management
Committees for Fruit and Vegetables, Products Processed
from Fruit and Vegetables, and Live Plants,

HAS ADOPTED THIS REGULATION:

TITLE I

FRESH FRUIT AND VEGETABLES

Article 1

(Producer organisations)

The agricultural conversion rate to be applied to the
minimum volumes of marketable production fixed in
Annexes I and II to Regulation (EC) No 412/97 of their
conversion into ecus shall be that in force on 1 January
of the relevant year.

The conversion rate applicable for calculation of the
3.
ceiling on financial assistance referred to in the second
subparagraph of Article 10 of Regulation (EC) No 411/97
shall be the agricultural conversion rate applicable on 1
January of the year when that ceiling applies.

Article 3

(Intervention and withdrawal)

The operative event for the agricultural conversion
1.
rate for Community withdrawal compensation fixed in
Annex V to Regulation (EC) No 2200/96 shall be the first
day of the month in which the withdrawal takes place.

2.
The conversion rate applicable to the flat-rate
amounts laid down in Article 15(2) of Regulation (EC)
No 659/97 shall be the agricultural conversion rate
applicable on the day on which the products concerned
are taken over at the premises of the producer organisa-
tion which withdrew them, by the body undertaking one
of the types of free distribution referred to in Article 30(1)
of Regulation (EC) No 2200/96.

3.
The conversion rate applicable to the flat-rate
amount fixed in Article 15a of Regulation (EC) No 659/
97 shall be the agricultural conversion rate determined in
accordance with paragraph 1 above.

4.
The conversion rate applicable to the maximum
amount referred to in Article 16(1) of Regulation (EC) No
659/97 and set out in paragraph 2 of Annex V to that
Regulation shall be the agricultural conversion rate deter-
mined in accordance with paragraph 1 above.

Article 2

(Operational funds)

Article 4

(Entry prices)

1.
For the purposes of applying the second subpara-
graph of Article 15(3) of Regulation (EC) No 2200/96, the
conversion rate for the maximum level of withdrawal
prices applying in the 1995/96 marketing year shall be
to the
conversion rate
the
Community withdrawal compensation in question.

agricultural

applicable

2.
The conversion rate applicable for calculation of the
estimated amount of operational funds referred to in the
second subparagraph of Article 7(1) of Regulation (EC)
No 411/97 and for calculation of the estimate of the
ceiling referred to in Article 7(5) of that Regulation shall
be the agricultural conversion rate in force on 1 January
of the year for which the fund and the ceiling are fixed.

(1) OJ L 303, 6. 11. 1997, p. 3.
(2) OJ L 341, 12. 12. 1997, p. 3.

1.
The operative event for the agricultural conversion
rate applicable for the conversion into national currency
of the flat-rate amount referred to in Article 2(3) of Regu-
lation (EC) No 3223/94 shall be the day on which the
relevant average representative price was recorded.

2.
For the purpose of calculating the standard import
value referred to in Article 4(1) of Regulation (EC) No
3223/94, representative prices shall be converted into
ecus using the representative market rate on the day to
which those prices apply.

For the purposes of applying Article 5(1)(a) of Regu-
3.
lation (EC) No 3223/94, the conversion rates applicable
shall be those in force on the date of acceptance of the
customs declaration.

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5. 2. 98

Article 5

(Export refunds)

Article 9 of Regulation (EEC) No 1068/93 shall apply to
the export refunds provided for in Article 35(1) of Regu-
lation (EC) No 2200/96.

Article 6

(Aid for the hazelnut sector)

The operative event for the agricultural conversion rate
applicable to the aid for hazelnuts provided for in Article
55 of Regulation (EC) No 2200/96 shall be the first day
of the month in which the products are taken over by the
producer organisation concerned in accordance with
Article 2(1) of Regulation (EC) No 1474/97.

TITLE II

PROCESSED FRUIT AND VEGETABLE PRODUCTS

Article 7

(Production aid for tomatoes, figs, prunes, pears,
peaches and pineapples)

The operative event for the agricultural conversion
1.
rate applicable to the production aid referred to in Article
2(1) of Regulation (EC) No 2201/96 and to the minimum
price referred to in Article 2(2) of that Regulation shall be
the first day of the month of take over of the products by
the processor within the meaning of Article 14 of Regu-
lation (EC) No 504/97.

2.
The operative event for the agricultural conversion
rate applicable to production aid for tinned pineapple
referred to in Article 1 of Regulation (EEC) No 525/77 as
well as to the minimum price referred to in Article 3 of
that Regulation, shall be on 1 May and 1 September for
the first and second harvests in the marketing year
respectively.

The operative event for the agricultural conversion
3.
rate applicable to the storage aid referred to in Article
9(4) of Regulation (EC) No 2201/96 shall be the day in
respect of which the aid is granted.

4.
The conversion rate applicable to the amount in
ecus referred to in Article 7(2) of Regulation (EEC) No
627/85 shall be the agricultural conversion rate in force
on the date of stocktaking as referred to in Article 7(1) of
that Regulation.

5.
The operative event for the agricultural conversion
rate applicable to the selling prices fixed in advance
pursuant to Article 9(7) of Regulation (EC) No 2201/96
for unprocessed dried grapes and figs held by the storage
agencies, shall be the day of take over of the products by
the purchaser, or of payment
takes place prior
thereto.

it

if

6.
The operative event for the agricultural conversion
rate applicable to the tenders referred to in Article 13 of
Regulation (EEC) No 626/85 and to the minimum selling
prices referred to in Article 15 of that Regulation shall be
the closing date for the submission of tenders as laid
down in accordance with Article 12 of that Regulation.

The operative event for the agricultural conversion
7.
rate applicable to the amount in ecus of the securities
referred to in the second subparagraph of Article 9(3) and
the second subparagraph of Article 9(7) of Regulation
(EC) No 2201/96 shall be the day of submission of the
tender or purchase application.

Article 9

(Aid for asparagus for processing)

The operative event for the agricultural conversion rate
applicable to the temporary flat-rate aid for asparagus for
processing, introduced by Article 10(3) of Regulation (EC)
No 2201/96, shall be 1 January of the year in respect of
which the aid is granted.

Article 8

(Aid for dried grapes and figs)

Article 10

(Trade with third countries)

1. Article 11(1) of Regulation (EEC) No 1068/93 shall
apply to the aid per hectare referred to in Article 7 of
Regulation (EC) No 2201/96.

2.
The operative event for the agricultural conversion
rate applicable to the buying-in price referred to in
Article 9(2) of Regulation (EC) No 2201/96 shall be the
day on which the products are taken over by the storage
agencies within the meaning of Article 9(1) of that Regu-
lation.

Article 9 of Regulation (EEC) No 1068/93 shall apply to:

(cid:190) the minimum prices and countervailing charges fixed,
for dried grapes and certain processed cherries,
pursuant to Article 13 of Regulation (EC) No 2201/
96,

(cid:190) the export refunds provided for in Article 16 of that

Regulation, and

(cid:190) the export levy provided for in Article 20 of that

Regulation.

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TITLE III

CITRUS FRUIT FOR PROCESSING

the products

in question, as attested to by the
of
supporting documents referred to in Article 10(2) of
Regulation (EC) No 489/97.

Article 11

The operative event for the agricultural conversion rate
applicable to the aid to producer organisations provided
for in Article 3 of Regulation (EC) No 2202/96 shall be
the first day of the month of delivery of the consignment
to the processing plant within the meaning of Article
10(2) of Regulation (EC) No 1169/97.

TITLE IV

OTHER MEASURES

Article 12

(Nuts and locust beans)

The operative event for the agricultural conversion rate
applicable for the conversion, each year,
into national
currency of the maximum aid per hectare to improve the
quality and marketing of nuts and locust beans fixed in
Article 2 of Regulation (EEC) No 790/89 shall be 1
January of
reference period within the
meaning of Article 19 of Regulation (EEC) No 2159/89.

the annual

Article 13

(Raspberries intended for processing)

1.
The operative event for the agricultural conversion
rate applicable to the amount in ecus, provided for in
Article 2(3) of Regulation (EEC) No 1991/92, of
the
one-off flat-rate grant to producer organisations referred
to in Article 2(2) of that Regulation shall occur on the
first day of the marketing year following the date of
special recognition of the organisation in question.

The rate to be applied for the conversion each year
2.
the maximum amount per
into national currency of
hectare provided for
in the second subparagraph of
Article 6(3) of Regulation (EEC) No 1991/92 shall be the
agricultural conversion rate in force on the first day of
the marketing year in question.

Article 14

(Poseidom)

The operative event for the agricultural conversion
1.
rate applicable to the aid for the supply of the regional
market provided for in Article 13(1) of Regulation (EEC)
No 3763/91 shall be the first day of the month of supply

2.
The operative event for the agricultural conversion
rate applicable to the aid for the production of green
vanilla provided for in Article 13(2) of Regulation (EEC)
No 3763/91 shall be the first day of the month of take
over of the products by the approved processor within the
meaning of Article 6 of Regulation (EC) No 489/97.

The operative event for the agricultural conversion
3.
rate applicable to the production aid for essential
geranium and vetiver oils provided for in Article 13(3) of
Regulation (EEC) No 3763/91 shall be the first day of the
month of take over of the products by the approved local
collection and marketing bodies within the meaning of
Article 7 of Regulation (EC) No 489/97.

For the purpose of determining and paying the aid
4.
for marketing certain agricultural products harvested in
the FOD, referred to in Article 15(1) of Regulation (EEC)
No 3763/91,
for the agricultural
conversion rate shall be the first day of take over of the
products by the purchaser. Where Article 4 of Regulation
(EEC) No 1068/93 applies, the conversion rate to be used
shall be that applicable on the said day.

the operative event

Article 15

(Poseima)

1.
The operative event for the conversion rate applic-
able to the security provided for in Article 5(1)(b) of
Regulation (EEC) No 2999/92 shall be the day of submis-
sion of the aid certificate application.

2.
The operative event for the agricultural conversion
rate applicable to the aid for programmes of initiatives
referred to in Article 11 of Regulation (EEC) No 1600/92
shall be 1 January of the year of execution in progress of
the programme of initiatives.

3.
For the purpose of determining and paying the aid
for marketing certain tropical products harvested in the
Azores and Madeira, referred to in Article 12(1) of Regu-
lation (EEC) No 1600/92, the operative event for the
agricultural conversion rate shall be the first day of take
over of the products by the purchaser; where Article 4 of
Regulation (EEC) No 1068/93 applies, the conversion
rate to be used shall be that applicable on the said day.

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The operative event for the conversion rate applic-
4.
able to the amounts in ecus in Article 13(1) of Regulation
(EEC) No 1600/92 shall be the closing date for the
submission of tenders.

The operative event for the conversion rate applic-
3.
able to the amounts in ecus in Article 17(1) of Regulation
(EEC) No 1601/92 shall be the closing date for the
submission of tenders.

5.
The operative event for the conversion rate applic-
able to the aid for the production of pineapples provided
for in Article 30 of Regulation (EEC) No 1600/92 shall
be the first day of the harvest period in question, within
the meaning of Article 1 of Regulation (EEC) No 3518/
92.

Article 16

(Poseican)

1.
The operative event for the agricultural conversion
rate applicable to the aid for programmes of initiatives
referred to in Article 15 of Regulation (EEC) No 1601/92
shall be 1 January of the year of execution in progress of
the programme of initiatives.

For the purpose of determining and paying the aid
2.
for marketing certain tropical products harvested in the
Canary Islands, referred to in Article 16(1) of Regulation
(EEC) No 1601/92, the operative event for the agricul-
tural conversion rate shall be the first day of take over of
the products by the purchaser. Where Article 4 of Regu-
lation (EEC) No 1068/93 applies, the conversion rate to
be used shall be that applicable on the said day.

Article 17

(Reorganisation of production of apples, pears,
peaches and nectarines)

The operative event for the conversion rate applicable to
the grubbing-up premium referred to in Article 1 of
Regulation (EC) No 2200/97 shall be 1 January of the
year in which the decision to grant the premium is taken.

TITLE V

GENERAL AND FINAL PROVISIONS

Article 18

For the purposes of this Regulation, take over of a lot
shall mean the commencement of its physical delivery.

Article 19

Regulation (EEC) No 1445/93 is hereby repealed.

Article 20

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.

Done at Brussels, 4 February 1998.

For the Commission

Franz FISCHLER

Member of the Commission