Commission Regulation (EC) No 1145/98 of 2 June 1998 amending Regulation (EC) No 1169/97 laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits
Date: 1998-06-02
Institutions: European Commission
Subjects: EU control, agro-industry, aid system, citrus fruit, producer organisation, production aid

3. 6. 98

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EN

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Official Journal of the European Communities

L 159/29

COMMISSION REGULATION (EC) No 1145/98

of 2 June 1998

amending Regulation (EC) No 1169/97 laying down detailed rules for the
application of Council Regulation (EC) No 2202/96 introducing a Community
aid scheme for producers of certain citrus fruits

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. Article 5(2) is replaced by the following:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2202/96 of
28 October 1996 introducing a Community aid scheme
for producers of certain citrus fruits (1), and in particular
Articles 2(2) and 6 thereof,

Whereas certain provisions should be added to Commis-
sion Regulation (EC) No 1169/97 (2) in order to make
management of the new scheme introduced by Regula-
tion (EC) No 2202/96 more flexible; whereas, to that end,
it
should be made possible to include in contracts
covering one marketing year a written amendment within
each delivery period and to include in multiannual
contracts the opportunity to carry a limited percentage of
the quantities to be supplied during one delivery period
forward to the following period in the same marketing
year; whereas, also, the time for notifying delivery to the
designated body should be put back;

Whereas experience gained in processing contracts shows
that it is necessary to lay down proportional financial
penalties if
the quantities contracted by the producer
organisations are not complied with; whereas, where a
intended for
producer organisation markets products
processing from members of other producer organisations
and/or makes individual producers eligible for the aid
scheme, the financial responsibility for non-compliance
with the quantities contracted and the consequences
resulting therefrom are to be established in accordance
with the provisions of Article 8(3)(c) of Regulation (EC)
No 1169/97;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Fruit and Vegetables,

In the case of contracts covering one marketing
‘2.
year,
the products referred to in
the quantities of
Article 3(3)(d) may be altered by written amendment,
except in the first period where the products referred
to in paragraph 1(a) are concerned.

shall

Such amendments
identification
number of the contract to which they relate. They shall
be concluded by no later than the 45th day after the
beginning of the delivery period in question.

show the

The quantities to be delivered in each delivery period
as stipulated in such amendments may not differ by
more than 40 % from those originally laid down in
the contract for that period. However, they may differ
by up to 50 % in the case of deliveries of lemons and
oranges in the third and fourth periods.

The quantities delivered by the new members referred
to in Article 8(5) shall be included in those amend-
ments.’;

2. the following subparagraph is added to Article 5(3):

‘Up to 15 % of the quantities to be delivered in each
delivery period may be carried forward to the following
period by means of a written agreement between the
parties and provided that the overall quantity for the
marketing year in question is respected.

That agreement shall be forwarded by the producer
organisation to the body referred to in Article 6(1) to
arrive no later than 15 working days before the end of
the period in question.’;

HAS ADOPTED THIS REGULATION:

3. in Article 10(1),

‘noon’ is replaced by ‘6 p.m.’

Article 1

4.

(only concerns the other language versions);

Regulation (EC) No 1169/97 is hereby amended as
follows:

5. the following paragraph is added to Article 20:

(1) OJ L 297, 21. 11. 1996, p. 49.
(2) OJ L 169, 27. 6. 1997, p. 15.

If

‘7.
the quantities actually delivered during a
marketing year under each contract referred to in

L 159/30

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Official Journal of the European Communities

3. 6. 98

Article 3(2)(a) and (b) are found to be less than the
contracted quantities, including any amendments, for
the marketing year in question, the aid for the contract
in question shall be reduced by:

— 20 % if the difference between the quantities actu-
ally delivered and the quantities contracted is
greater than or equal to 20 % but less than 30 %,

— 30 % if the difference between the quantities actu-
ally delivered and the quantities contracted is
greater than or equal to 30 % but less than 40 %,

— 40 % if the difference between the quantities actu-
ally delivered and the quantities contracted is
greater than or equal to 40 % but less than 50 %.

No aid shall be granted if the difference between the
quantities
actually delivered and the quantities
contracted is greater than or equal to 50 %.

In the case of multiannual contracts, this paragraph
shall not apply if paragraph 5 is applied.

The producer organisation signing the contracts shall
reimburse the difference between the aid or advance

actually paid and the aid or advance due plus interest
calculated in accordance with paragraph 1.

The aid reduction referred to in this paragraph shall
not be applied if the producer organisation signing the
contracts can prove to the satisfaction of the com-
petent national authority that failure to comply with
the contracts was not deliberate or the result of serious
negligence on its part or on the part of members of
other producer organisations and/or individual produ-
cers.’;

6. in the Annex, the minimum degree Brix for mandarins

shall be 9H Brix.

Article 2

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

It shall apply from the 1998/99 marketing year.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 2 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission