Commission Regulation (EC) No 1524/98 of 16 July 1998 laying down detailed rules for the application of the specific measures adopted in respect of fruit and vegetables, plants and flowers for the benefit of the French overseas departments
Date: 1998-07-16
Institutions: European Commission
Subjects: French overseas department and region, floriculture, fresh fruit, fresh vegetable, production aid, supply

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COMMISSION REGULATION (EC) No 1524/98

of 16 July 1998

laying down detailed rules for the application of the specific measures adopted in
respect of fruit and vegetables, plants and flowers for the benefit of the French
overseas departments

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3763/91
of 16 December 1991 introducing specific measures in
respect of certain agricultural products for the benefit of
the French overseas departments (1), as last amended by
Regulation (EC) No 2598/95 (2), and in particular Articles
2(6), 14(4) and Article 16 thereof,

Whereas detailed rules for the application of Regulation
(EEC) No 3763/91, as amended by Regulation (EC) No
2598/95, should be adopted as regards Article 2 thereof
which provides for the extension to certain processed fruit
of the measures to promote the supply of the French
overseas departments
‘the
(hereinafter
FOD'), and Article 14 thereof introducing aid for the
production of processed fruit and vegetables;

referred to as

Whereas common detailed rules for implementation of
the specific measures for the supply of certain agricultural
products to the FOD are laid down in Commission Regu-
lation (EEC) No 131/92 (3), as last amended by Regulation
(EC) No 1736/96 (4), and whereas detailed rules for the
application of the system of import licences for products
processed from fruit and vegetables are laid down in
Commission Regulation (EC) No 1921/95 (5), as amended
by Regulation (EC) No 2427/95 (6);

Whereas, pursuant to Article 2 of Regulation (EEC) No
3763/91, additional detailed rules should be laid down
which are adapted to commercial practices as regards in
particular the period of validity of licences and certificates
and the amount of the security; whereas, in addition, the
forecast supply balance for processed fruit for the FOD
should be established, and the amount of aid should be
set,
the advantage resulting from
customs duty exemption for products imported from
third countries;

taking account of

Whereas, in order to simplify the legislation, the body of
this Regulation should include the provisions adopted in
Commission Regulation (EC) No 489/97 of 17 March
1997 laying down detailed rules for the application of the
specific measures adopted in respect of fresh fruit and
the
vegetables, plants and flowers for the benefit of

(1) OJ L 356, 24. 12. 1991, p. 1.
(2) OJ L 267, 9. 11. 1995, p. 5.
(3) OJ L 15, 22. 1. 1992, p. 13.
(4) OJ L 225, 6. 9. 1996, p. 3.
(5) OJ L 185, 4. 8. 1995, p. 10.
(6) OJ L 249, 17. 10. 1995, p. 12.

French overseas departments (FOD) (7) for implementing
the marketing and production aid schemes referred to in
Articles 13 and 15 of Regulation (EEC) No 3763/91, and
Regulation (EC) No 489/97 should be repealed;

Whereas, pursuant to the aforementioned Article 13, the
marketing aid is to be set on a flat rate basis for each of
the product categories to be determined, based on the
average value of the products, and within the limits of
annual quantities for each product category; whereas
firstly a list of products eligible for the aid should be
drawn up based on the supply needs of the regional
markets, and secondly the categories should be estab-
lished on the basis of the average value of the products so
covered, and finally a maximum quantity for all the FOD
should be set, providing for distribution of the quantities
to be performed by the national authorities to enable the
quantities available to be more closely matched to
regional needs; whereas this requirement will allow prod-
ucts to be supplied to an FOD other than the one in
which the product was harvested;

Whereas specific detailed rules should be laid down to
ensure that
the quantities set are monitored and the
conditions for the grant of the aid are met; whereas, to
that end, a system of approval of operators in the distribu-
tion and catering sectors and mass caterers, who under-
take to meet certain requirements, will ensure satisfactory
administration of the supply system;

Whereas, as regards the aid for the production of green
vanilla and the aid for
the production of essential
geranium and vetiver oils, an approval mechanism, firstly
for preparers of dried vanilla or vanilla extracts, and
secondly for local collecting and marketing bodies, which
undertake in particular to pay the aid in full to the
recipient producers and meet the control requirements,
will make it possible, within the framework of existing
marketing structures, to apply these measures satisfac-
torily; whereas the quantities laid down in Article 13(3) of
Regulation (EC) No 3763/91 are
ceilings which,
according to the most recent estimates communicated by
the French authorities, will not be reached in the medium
term; whereas for the sake of sound administration, and
taking account of the needs of the most remote regions in
question, the corresponding quantities available should be
used for implementing the marketing scheme referred to
above;

(7) OJ L 76, 18. 3. 1997, p. 6.

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local or

Whereas, pursuant to Article 14 of Regulation (EEC) No
3763/91, firstly a list of products eligible for the aid
should be drawn up, within the limits of annual quantities
established for each category and in line with the scope
for the development of local production and processing,
and the amounts of the aid should be set on the basis of
the prices of
imported raw materials, and
secondly special detailed rules should be adopted to
ensure that the system is monitored and the conditions
in particular as regards
for granting the aid are met,
contracts and the minimum price guaranteed to produ-
cers, and whereas to that end it is appropriate to incor-
porate certain provisions of Commission Regulation (EC)
No 504/97 (1), as amended by Regulation (EC) No 1491/
97 (2), laying down detailed rules for the application of
Council Regulation (EC) No 2201/96 (3), as amended by
Regulation (EC) No 2199/97 (4), as regards the system of
production aid for products processed from fruit and
vegetables;

Whereas, as regards the marketing aid under the annual
contracts referred to in Article 15 of Regulation (EEC) No
3763/91, it is necessary to define the concept of annual
contract and specify the basis to be used for calculating
the amount of aid, fixed at 10 % of the value of the
production marketed, free at destination, and 13 % where
Article 15(4) is applied; whereas, finally, the mechanism
for distributing the quantities benefiting from the aid
should be laid down for cases in which the ceilings fixed
in that Article are exceeded;

Whereas general provisions applicable to these measures
as a whole, especially those concerning control and noti-
fication, should be set out in a final chapter;

Whereas, in order to ensure optimum implementation of
the new measures, the date of application of this Regula-
tion should be 1 July 1998;

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

Community aid shall be as set out in the forecast supply
balance given in Part A of Annex I to this Regulation.

2.
The aid provided for in Article 2(4) of Regulation
(EEC) No 3763/91 for products for which a forecast
supply balance is established shall be as set out in Part B
of Annex I to this Regulation.

Article 2

Subject
Regulation (EEC) No 131/92 shall apply.

to the specific provisions of

this Regulation,

Article 3

1.
France shall designate the competent authorities
responsible for issuing the import licences, exemption
certificates and aid certificates provided for in Articles 2,
2a and 3 respectively of Regulation (EEC) No 131/92 and
for payment of the aid and administration of securities.

and

Licence

certificate

applications

2.
be
submitted to the competent authority during the first five
working days of any month. Applications shall be admis-
sible only where they do not exceed the quantity available
under the forecast balance and where the operator has
lodged a security of ECU 3 per 100 kg.

shall

Licences and certificates shall be issued on the 10th

3.
working day of the month at the latest.

4.
Licences and certificates shall expire on the last day
of the second month following the month in which they
were issued.

5. Where, pursuant to Article 4(1) of Regulation (EEC)
No 131/92, a licence or certificate is issued for a quantity
which is less than the quantity applied for, the operator
may withdraw his application within three working days
of the date on which the licence or certificate is issued.
The security relating to the licence or certificate shall
then be released.

HAS ADOPTED THIS REGULATION:

CHAPTER II

CHAPTER I

Aid for supply

Article 1

1.
For the purposes of Article 2(1) of Regulation (EEC)
No 3763/91, the fruit and vegetable products exempt
from duty on import from third countires or receiving

(1) OJ L 78, 20. 3. 1997, p. 4.
(2) OJ L 202, 30. 7. 1997, p. 27.
(3) OJ L 297, 21. 11. 1996, p. 29.
(4) OJ L 303, 6. 11. 1997, p. 1.

Aid for marketing on the regional market

Article 4

The aid provided for in Article 13 of Regulation (EEC)
No 3763/91 shall be granted in respect of fresh fruit and
vegetables with the exception of bananas other than plan-
tains falling within CN code 0803 00 11, flowers and live
plants listed in Chapters 6, 7 and 8 of the Combined
Nomenclature, pepper and fruits of the genera Capiscum
and Pimenta falling within CN code 0904 and the spices
falling within CN code 0910, for supply to the FOD
market, under the conditions laid down in this Chapter.

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Article 5

1.
The aid shall be granted to the producers referred to
in Article 6 in respect of the products listed in column II
of Part A of Annex II under three categories A, B and C:

(a) which comply with the standards established pursuant
to Title I of Commission Regulation (EC) No 2200/
96 (1) as regards fruit and vegetables or, where such
standards have not been established for the products
concerned, with the quality specifications
in the
supply contracts referred to below; however, products
presenting special characteristics linked to tropical
production conditions shall not be excluded; and

(b) which are covered by supply contracts between the
types of operator referred to in Article 6 for one or
more marketing periods,
the
commencement of the relevant period, or before a
date fixed by the competent authorities.

concluded before

2.
The amounts of aid applicable to each category of
product shall be those set out in column IV of Part A of
Annex II.

3.
The aid shall be granted up to the annual quantities
for each category of product set out in column III of Part
A of Annex II.

The competent authorities shall determine for each FOD
the products and quantities thereof in respect of which
aid may be granted. They shall adjust the apportionment
in the light of specific needs and available quantities.

4. Where justified by the supply needs for one or more
products, the competent authorities may grant the aid for
supply to a FOD other than the one in which the product
concerned was harvested.

The national authorities shall grant approval, upon
2.
application,
to the distributors, enterprises and mass
caterers referred to in paragraph 1 which undertake in
writing to:

(a) supply the regional market with the products covered

by the supply contracts;

(b) keep separate accounts for the supply contracts;

with

(c) provide the competent authorities, when the latter so
request,
documentation
concerning the implementation of the contracts and
fulfilment of the undertakings made pursuant to this
Regulation.

supporting

all

Article 7

1.
Producers wishing to benefit from the aid arrange-
ments shall send to the administration designated by the
competent authorities, not later than the deadline set by
those authorities, a declaration accompanied by a copy of
a supply contract or a preliminary supply contract as
referred to in Article 6(1), giving at least the following
information:

(cid:190) the business names of the parties to the contract,

(cid:190) a precise description of the product(s) covered by the

contract,

(cid:190) an indication of the quantities to be supplied during
supply

the marketing period(s) and the forecast
schedule.

The competent authorities may set a minimum

2.
quantity for each aid application.

Article 6

Article 8

1.
Supply contracts shall be concluded between indi-
vidual producers or producer groups on the one hand and,
on the other, operators in the distribution sector, enter-
prises in the catering sector or mass caterers established
in the production region and approved by the national
authorities, without prejudice to Article 5(4).

The increase in aid provided for in the sixth subparagraph
of Article 13(1) of Regulation (EEC) No 3763/91 and
shown in column V of Part A of Annex II shall apply to
contracts concluded by producer organisations recognised
in accordance with Article 11 of Council Regulation (EC)
No 2200/96 or producer groups
recognised under
Council Regulation (EEC) No 1360/78 (2) with operators
in the distribution sector, enterprises in the catering
sector or mass caterers.

(1) OJ L 297, 21. 11. 1996, p. 1.
(2) OJ L 166, 23. 6. 1978, p. 1.

1. Where the information referred to in Article 7(1)
indicates that there is a likelihood of the quantity set for a
category of products shown in column III of Part A of
Annex II being exceeded, the competent authorities shall
set a provisional reduction coefficient to be applied to all
aid applications in respect of that category of products.

The coefficient, which shall be equivalent to the ratio
between the quantities referred to in column III of Part A
of Annex II and those set by contract plus any additional
quantities agreed, shall be calculated before any decision
is taken to grant the aid and not later than one month
after the date referred to in Article 7(1).

2. Where paragraph 1 is applied, the competent author-
ities shall establish at the end of the marketing year the
definitive reduction coefficient to be applied to all aid
applications
the category of products
concerned submitted during the marketing year.

in respect of

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CHAPTER III

Aid for the production of green vanilla and essen-
tial oils of geranium and vetiver

Article 9

Production aid for green vanilla falling within CN
1.
code ex 0905 intended for the production of dried (black)
vanilla or vanilla extracts as provided for in Article 13(2)
of Regulation (EEC) No 3763/91 shall be paid to the
green vanilla producer via the processors approved by the
competent authorities.

Where necessary for
the
measure, the authorities shall specify the technical charac-
teristics of the green vanilla which is eligible for produc-
tion aid.

the proper application of

The competent authorities shall grant approval to

2.
processors established in the production region:

(a) whose plant and equipment is suitable for the pre-
paration of dried (black) vanilla or vanilla extracts;

and

(b) who undertake in writing:

(cid:190) to transfer the full amount of ECU 6,04 per kg to
the green vanilla producer pursuant
to one or
more supply contracts not later than one month
from the date of payment of
the aid by the
competent authorities,
keep separate

transactions

accounts

(cid:190) to

for

connected with the application of this Article,
(cid:190) to allow any checks or inspections required by the
competent administrations and to notify all in-
formation relating to the application of
this
Article.

Article 10

1.
Production aid for essential oils of geranium and
vetiver falling within CN codes 3301 21 and 3301 26 as
provided for in Article 13(3) of Regulation (EEC) No
3763/91 shall be paid to producers through local collec-
tion and marketing bodies approved by the competent
authorities.

The aid shall be paid for finished products obtained in
accordance with recognised manufacturing procedures
and having the technical characteristics published by the
competent authorities.

The competent authorities shall grant approval to the
2.
bodies referred to in paragraph 1 established in the
production region which undertake in writing:

(a)

to transfer to the producers the full amount of ECU
44,68 per kg of essential oils of geranium and vetiver
pursuant to one or more supply contracts not later
than one month from the date of payment of the aid
by the competent administration;

(b) to keep separate accounts for transactions connected

with the application of this Article;

(c) to allow any checks or inspections required by the
competent administration and to notify all informa-
tion relating to the application of this Article.

Article 11

1. Where the quantities for which aid applications are
made under Article 9 or 10 exceed the annual quantities
laid down in Part B of Annex II, the competent author-
ities shall set a percentage reduction to be applied to all
applications.

2.
The competent authorities shall adopt the necessary
additional administrative provisions for the application of
Articles 9 and 10, in particular as regards the submission
the necessary
of aid applications, and shall carry out
checks on green vanilla producers, dried vanilla and
vanilla extract processors, producers of geranium and
vetiver oils and the collection and marketing bodies for
these products.

They may make payment of the aid conditional upon the
presentation of delivery notes
jointly signed by the
producer and, as the case may be, the processors or the
approved collection and marketing bodies.

CHAPTER IV

Aid for the processing of fruit and vegetables

Article 12

The production aid provided for in Article 14 of Regula-
tion (EEC) No 3763/91 shall be paid to the processors
approved by France under the conditions laid down in
this Chapter.

Article 13

The aid shall be paid for the processing of fruit and
1.
vegetables harvested in the FOD for which processors
have paid a price at least equal to the minimum price
under processing contracts covering the manufacture of
products listed in Part B of Annex III.

2.
The aid shall be paid up to the annual quantities for
each of the three categories A, B and C set out in column
II of Part A of Annex III.

The amounts of aid applicable to each category of prod-
ucts shall be as set out in column IV of Part A of Annex
III. However, the aid shall not be payable for pineapples
falling within CN code 0804 30 used in the manufacture
the aid scheme
of preserved products qualifying for
provided for in Council Regulation (EEC) No 525/77 (1).

(1) OJ L 73, 21. 3. 1977, p. 43.

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The marketing year shall run from 1 January to 31

3.
December.

(f)

the finished products to be produced.

Article 14

1.
Processors wishing to qualify for the aid arrange-
ments shall submit an application for approval to the
administration designated by the competent authorities,
not later than the deadline set by those authorities, giving
all information required by France with a view to the
administration and monitoring of the system of aid.

The French authorities shall grant approval, upon
2.
application, to processors or legally constituted processor
associations or groups which:

(a) have equipment suitable for processing fruit and

vegetables; and

(b) undertake in writing to:

(cid:190) keep separate accounts for implementation of the

contracts referred to in Article 15,

(cid:190) provide the competent administration, when the
latter so requests, with all supporting documenta-
tion concerning the
the
contracts and fulfilment of the undertakings made
pursuant to this Regulation.

implementation of

Article 15

1. Contracts as referred to in Article 14(1) of Regulation
(EEC) No 3763/91, hereinafter referred to as ‘processing
contracts', shall be concluded in writing before the begin-
ning of each marketing year. They shall take one of the
following forms:

(a) a contract between a producer or a producer organ-
isation recognised pursuant to Article 11 of Regula-
tion (EC) No 2200/96, on the one hand, and a
processor or an association or group of processors
approved by the national authorities, on the other;

(b) an undertaking covering supplies, where the producer
organisation referred to in (a) above acts as processor.

2.

Processing contracts must specify:

(a)

the business names of the parties to the contract;

(b) a precise description of the product(s) covered by the

contract;

(c) the quantities of raw materials to be supplied;

(d) the timetable for deliveries to the processor;

(e) the price to be paid for the raw materials, excluding in
particular costs connected with packing, transport, and
the payment of taxes, which shall, where applicable,
be indicated separately. The price shall not be lower
than the minimum price referred to in Article 13(1);

3. On terms laid down for each product by the French
authorities, the parties may decide, by written amend-
ments to processing contracts, to increase the quantities
originally stipulated therein.

Such amendments shall relate overall to no more than
30 % of
the quantities originally stipulated in the
contracts.

4. Where producer organisations act also as processors,
the processing contracts covering their own production
the
shall be deemed to have been concluded after
following particulars are forwarded to the competent
authority within the time limit laid down in paragraph 5:

(a)

the total area on which the raw material is grown,
together with cadastral reference numbers or a refer-
ence recognised as equivalent by the inspection
agency,

(b) an estimate of the total harvest,
(c) the quantity intended to be processed,
(d) the forecast processing schedule.

5.
The processor or association of processors shall
forward a copy of each processing contract and of any
amendments thereto to the body designated by France.
Such copies must be forwarded to the competent author-
ities within 10 working days following the conclusion of
the contract or of any amendment thereto and reach
them five working days before the start of deliveries.

For the 1998 marketing year,

6.
the final date for
signing the contracts referred to in paragraph 1 shall be
deferred to 30 September 1998.

Article 16

1. Without prejudice to cases covered by Article
15(1)(b), processors shall pay the price of the raw materials
to the producer organisation or individual producer exclu-
sively by bank or post-office transfer order or by crossed
cheque.

Producer organisations shall pay producers the amount
referred to in the first subparagraph in full within 15
working days of receipt, by bank or post-office transfer
order or by crossed cheque. In cases as referred to in
Article 15(1)(b), payment may be made by opening a
credit. France shall adopt the measures necessary to check
compliance with the provisions of this paragraph and
shall provide in particular for penalties to be imposed on
the administrators of the producer organisation in relation
to the seriousness of the failure to comply.

2.
France may adopt additional provisions relating to
processing contracts, covering in particular time limits,
terms and methods of payment of the minimum price
and damages payable by processors, producer organ-
isations or producers where they do not fulfil their obliga-
tions under contracts.

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Article 17

Without prejudice to minimum quality criteria laid down
or to be laid down in accordance with the procedure
provided for in Article 46 of Regulation (EC) No 2200/96,
raw materials delivered to processors under processing
contracts shall be of sound and fair merchantable quality
and suitable for processing.

Article 18

Processors

1.
in
respect of each marketing year to the agency designated
by France:

two aid applications

submit

shall

(a)

the first relating to products processed from 1 January
to 31 May;

(b) the second relating to products processed from 1 June

to 31 December.

2. Aid applications shall indicate in particular the net
weight of the raw materials used and of the finished
products obtained, described in accordance with Parts A
and B of Annex II respectively. They shall be accompan-
ied by copies of the transfer orders or crossed cheques
provided for in the first subparagraph of Article 16(1). In
the case of undertakings covering supplies, such copies
may be replaced by a declaration by the producer to the
effect that the processor has credited him with a price at
least equal to the minimum price. Such copies or declara-
tions shall quote the references of the relevant contracts.

(a) consignments of raw materials purchased and entering
their premises each day and covered by processing
contracts or amendments thereto, together with the
numbers of any receipts in respect of such consign-
ments;

(b) the weight of each consignment brought into their
premises and the name and address of the other party
to the contract;

(c) the quantities of finished products obtained each day
from processing of the raw materials on which the aid
is payable;

(d) the quantities and prices of products leaving the
processor’s premises, consignment by consignment,
with details of
the consignee. Such data may be
recorded by reference to supporting documents,
provided the latter contain the abovementioned
particulars.

2.
Processors shall retain proof of payment in respect of
all raw materials purchased under processing contracts or
amendments thereto.

3.
Processors shall undergo any inspections or checks
deemed necessary and shall keep such additional records
as the French authorities require to conduct any checks
they deem necessary. Where an inspection or checks
reasons attributable to the
cannot be conducted for
processor, despite the latter having been formally notified
thereof, no aid shall be paid in respect of the marketing
years in question.

CHAPTER V

Article 19

Aid for marketing under annual contracts

1. Where the information referred to in Article 15(5)
indicates that there is a likelihood of the quantity set for a
category of products shown in column III of Part A of
Annex III being exceeded, the competent authorities shall
set a provisional reduction coefficient to be applied to all
aid applications in respect of that category submitted
under Article 18(1)(a) above.

The coefficient, which shall be equivalent to the ratio
between the quantities referred to in Column III of Part A
of Annex III and those set by contract plus any additional
quantities agreed, shall be calculated not later than 31
March.

2. Where paragraph 1 is applied, the competent author-
ities shall establish at the end of the marketing year the
definitive reduction coefficient to be applied to all aid
the category of products
applications
concerned submitted under Article 18(1)(a) and (b).

in respect of

Article 20

Processors shall keep records showing at least the

1.
following:

Article 21

For the purposes of Article 15 of Regulation (EEC)
1.
No 3763/91, ‘annual contract' means a contract by which
an operator, either a natural or a legal person established
elsewhere in the Community, outside the FOD, under-
takes, before the beginning of the marketing period for
the product or products in question, to purchase all or
part of the production of an individual producer, produ-
cers’ association or group in the FOD, with a view to
marketing it elsewhere.

2. Operators who intend to submit an application for
aid shall send the annual contract
to the competent
French administration before the start of the marketing
period for the product or products in question.

The contract shall at the very least include the following
information:

(a)

the business names of the contracting parties and
their places of establishment;

(b) the description of the product or products;

(c) the quantities concerned;

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(d) the duration of the commitment;

(e) the marketing schedule;

(f)

the packaging and presentation method and informa-
tion relating to transport (conditions and costs);

(g) the exact delivery stage.

CHAPTER VI

General provisions

Article 22

The competent

administration shall

the
3.
contracts for conformity with Article 15 of Regulation
(EEC) No 3763/91 and with this Regulation. It shall verify
that the contracts contain all the information specified in
paragraph 2 above.

assess

It shall inform the operator whether paragraph 6 is likely
to be applied.

4.
For the purpose of calculating the aid, the value of
marketed production, delivered to destination zone, shall
be evaluated on the basis of the annual contract, the
particular transport documents and any other supporting
submitted to justify the application for
documents
payment.

The value of the marketed production to be taken into
account shall be equivalent to that of a delivery at the first
port or airport of unloading.

The competent administration may request any informa-
tion or additional supporting documentation required to
calculate the aid.

5. Applications for aid shall be submitted by the buyer
who entered into the commitment to market the product.

Where the management of the aid scheme so requires,
the competent administration may specify marketing
periods or years for each product.

6. Where, for a given product and for a given overseas
department,
the quantities for which aid is requested
exceed the volume of 3 000 tonnes laid down in Article
15 of Regulation (EEC) No 3763/91 or, in the case of
melons falling within CN code ex 0807 10 90, the limit
laid down in paragraph 5 of that Article, the national
authorities shall determine a uniform percentage reduc-
tion to be applied to all aid applications.

7.
The increase in aid provided for in Article 15(4) of
Regulation (EEC) No 3763/91 shall be paid on presenta-
tion of the commitments entered into by the partners to
pool, for a period of not less than three years, the know-
ledge and know-how required to achieve the objective of
include a
the joint venture. These commitments shall
clause prohibiting cancellation before the end of
the
aforementioned three-year period.

1. Applications for aid shall be submitted to the admin-
istration designated by the French authorities in accord-
ance with the models established by the latter and, for the
aids under Chapters II, III, IV and V, within the periods
prescribed by them.

2.
The applications shall be accompanied by invoices
and all other supporting documents relating to the meas-
ures undertaken, in particular the reference of the supply
contracts, delivery contracts, processing contracts or
annual contracts for the aid referred to in, respectively,
Chapters II, III, IV and V.

3.
The competent administration, having verified the
applications for aid and the relative supporting docu-
ments, shall pay out, in the two months following the end
of the period for lodging applications, the aid determined
in accordance with this Regulation.

Article 23

1.

France shall communicate to the Commission:

(a) before the beginning of each marketing year,

the
minimum prices referred to in Chapter IV, set in
accordance with Article 14 of Regulation (EEC) No
3763/91 in respect of each category of products set
out in Annex III;

(b) no later than 31 May, broken down by category or
product, the quantities covered by contract for the
current marketing year pursuant to Chapters II, IV
and V;

(c) no later than 31 May, a report on the implementation
of the measures referred to in this Regulation in the
preceding marketing year showing in particular:

(cid:190) broken down by group of products set out in Part
A of Annex I, the quantities in the forecast supply
balance referred to in Chapter I for which exemp-
tion from import duty was granted or for which
Community aid was paid,

(cid:190) broken down by groups of products set out in Part
A of Annex I, the quantities exported to third
countries or to the rest of the Community,

(cid:190) broken down by product set out in Part A of
Annex II, the quantities which qualified for the
aid and the increased aid referred to in Chapter II,

Where the aforementioned commitments are broken, the
buyer may not submit an application for aid for the
marketing year concerned.

(cid:190) the quantities of green vanilla and oil of geranium
and vetiver which qualified for the aid referred to
in Chapter III,

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(cid:190) the quantities of raw material which qualified for
the aid referred to in Chapter IV, broken down by
product set out in Part A of Annex III, and the
quantities, expressed in net weight, of finished
products broken down in accordance with Part B
of Annex III,

(cid:190) the quantities which qualified for the aid and the
increased aid referred to in Chapter V, broken
down by product, and their average value within
the meaning of Article 21(4);

(d) no more than a month following their publication,
the additional detailed rules adopted for the applica-
tion of this Regulation.

For the 1998 marketing year the deadline referred to

2.
in paragraph 1(a) shall be 31 August 1998.

Article 24

1.
The national authorities shall take all the necessary
measures to guarantee compliance with the conditions to
which the grant of the aid provided for in Articles 2, 13,
14 and 15 of Regulation (EEC) No 3763/91 is subject.

To that end, they shall carry out random on-the-spot
checks on aid applications representing at least 20 % of
the quantities and 10 % of the beneficiaries.

They shall withdraw the approvals referred to in Articles
6(2), 9(2), 10(2) and Article 14 where the commitments to
which they are subject are not fulfilled.

They may suspend the payment of aid according to the
seriousness of the irregularities discovered.

2. Where aid has been paid out unduly, the competent
administration shall recover the sums paid out, with
interest from the date on which the aid was paid out to
the date on which it was repaid by the beneficiary.

Where the undue payment has been made because of a
false declaration, false documents or serious negligence
on the part of the recipient, a penalty equal to the amount
paid out unduly, with interest calculated in accordance
with the above subparagraph, shall be imposed.

The interest rate shall be that applied by the European
Monetary Cooperation Fund to its transactions in ecus as
published in the C series of the Official Journal of the
European Communities, in force on the date of the undue
payment and increased by three percentage points.

3.
The aid recovered shall be paid to the paying author-
ities or agencies and deducted by them from the expend-
iture financed by the European Agricultural Guidance
and Guarantee Fund.

Article 25

Regulation (EEC) No 489/97 is hereby repealed.

References to the Regulation repealed shall be construed
as references to this Regulation in accordance with the
table of equivalence in Annex IV.

Article 26

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 1998.

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

Done at Brussels, 16 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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L 201/37

ANNEX I

Part A: Forecast supply balance for processed fruit and vegetables for the FOD for the period 1 July to

31 December 1998

Product group

CN code

Product

A

B

C

D

ex 2007 91
ex 2007 99

Fruit pur(cid:130)es, being cooked preparations, whether or not containing added sugar or
other sweetening matter, for processing
citrus fruit
other, not including tropical fruit

Fruit pulps, otherwise prepared or preserved, whether or not containing added sugar
or other sweetening matter or spirit not elsewhere specified or included, for proces-
sing
citrus fruit
pears
apricots
cherries
peaches
strawberries
mixtures, not including tropical fruit
other, not including tropical fruit

Concentrated fruit juices (including grape must), unfermented and not containing
added spirit, whether or not containing added sugar or other sweetening matter, for
processing
orange juice

grapefruit or pomelo juice

grape juice

apple juice

ex 2008 30
ex 2008 40
ex 2008 50
ex 2008 60
ex 2008 70
ex 2008 80
ex 2008 92
ex 2008 99

ex 2009 11 11
ex 2009 11 19
ex 2009 19 11
ex 2009 19 19

ex 2009 20 11
ex 2009 20 19

ex 2009 60 11
ex 2009 60 19
ex 2009 60 51
ex 2009 60 71

ex 2009 70 11
ex 2009 70 19

ex 2009 80 11
ex 2009 80 19

pear juice

ex 2009 80 35
ex 2009 80 38

juice of any other fruit, not including tropical fruit

ex 2009 90 11 mixtures of apple and pear juice
ex 2009 90 19

ex 2009 90 21
ex 2009 90 29

other mixtures, not including tropical fruit

Quantity
(tonnes)

50

750

500

650

Total

1 950

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Part B: Amounts of aid referred to in Article 1(2):

Product groups defined in Part A

ECU/100 kg

A
B
C
D

39,69
21,66
37,12
43,29

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Official Journal of the European Communities

L 201/39

ANNEX II

Part A: Products referred to in Article 5(1)

Maximum quantities referred to in Article 5(3) for each period from 1 January to 31 December
Amounts of aid referred to in Article 5(2) and increased aid referred to in the second subparagraph of
Article 6(1)

Column I

Product
category

Column II

Column III

Column IV

Column V

CN code

Product

Maximum
quantity

Aid

Increased
aid

A

B

C

0701
ex 0706 10
ex 0707 00 05
0709 90 90
0803 00 11
0804 30 00
0807 11 00

potatoes
carrots
cucumbers
christophines, breadfruit
plantains
pineapples
watermelons

6 800
tonnes

15,00
ECU/100 kg

15,75
ECU/100 kg

ex 0603 10

tropical flowers (standard anthurium, alpinas, heli-
conias, porcelain rose, bird-of-paradise flower)

3 640 000
units

15,00
ECU/100
units

15,75
ECU/100
units

0702 00 00

ex 0703 10
ex 0704
ex 0705 11

tomatoes
onions
cabbages
cabbage lettuce
salad vegetables other than lettuce and chicory
aubergines
sweet potatoes
yams, dachines or taro
sweet peppers
other peppers
turban squash
avocados
ex 0804 50 00 mangoes
ex 0805

0709 90 10
0709 30 00
0714 20 10
ex 0714 90 11
ex 0709 60 10
ex 0709 60 99
ex 0709 90 90
0804 40

citrus fruit (oranges, mandarins, lemons and limes,
grapefruit and pomelos)
melons and papayas
lychees
strawberry guavas

ex 0807
ex 0810 90 30
ex 0810 90 85

13 000
tonnes

23,00
ECU/100 kg

24,15
ECU/100 kg

garlic
0703 20
green beans
0708 20
strawberries
0810 10
ex 0810 90 40
passion fruit
ex 0810 90 85 maracuja, granadilla, rambutan
ex 0910 10
ex 0910 30 00

ginger
turmeric

700
tonnes

30,00
ECU/100 kg

31,50
ECU/100 kg

ex 0603 90 00
ex 0603 10

0603 10 11
0603 10 51

tropical flowers (hybrid anthurium, Canna indica)
orchids
roses
roses

2 500 000
units

30,00
ECU/100
units

31,50
ECU/100
units

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Part B: Maximum quantities referred to in Article 12 for each period from 1 January to 31 December

CN code

Product

ex 0905 00 00
3301 21

green vanilla
essential oil of geranium

3301 26

essential oil of vetiver

Quantity
(kg)

75 000
12 500

2 500

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Official Journal of the European Communities

L 201/41

ANNEX III

Part A: Products referred to in Article 13(1)

Maximum quantities per marketing year referred to in Article 13(2)
Amounts of aid referred to in Article 14(3)

Column I

Column II

Column III

Column IV

Amount of aid

Quantity
(tonnes)

Aid
ECU/100 kg

8 320

21,56

1 550

35,44

560

41,21

Product
category

CN code

Product

A

B

C

onions for rougail and achards
carrots for rougail and achards
christophines, breadfruit
plantains
pineapples
guavas
strawberries
strawberry guavas
ambarellas

cabbage for rougail and achards
manioc
sweet potatoes
dachines
turban squash
tangor mandarins
limes
papaws (papayas)
jackfruit, lychees
carambolas
Antilles apricots, rambutans, Surinam cherries, soursops

ex 0703 10
ex 0706 10 00
ex 0714 90

0803 00 11
ex 0804 30 00
ex 0804 50 00
0810 10
ex 0810 90 85
ex 0810 90 85

ex 0704 90
0714 10
0714 20 10

ex 0714 90
ex 0709 90 90
ex 0805 20

0805 30 90
0807 20 00
ex 0810 90 30
ex 0810 90 40
ex 0810 90 85

0703 20 00
0709 60 99

garlic for rougail and achards
peppers
beans for rougail and achards
yams

ex 0703 20
ex 0714 90
ex 0804 50 00 mangoes
combava
ex 0805 90 00
passion fruit
ex 0810 90 40

Part B: Finished products referred to in Article 14(1)

CN code

ex 0710
ex 0712
ex 0714
2001
2004 90 98

ex 2005 90
ex 2006 00
2007
ex 2008
2009

Product

vegetables, frozen, uncooked
dried vegetables
dried vegetables
fruit and vegetables preserved by vinegar or acetic acid
frozen vegetables
vegetable preserves and vegetables, vacuum sterilised
fruit preserved in sugar
jams, fruit jellies, marmalades, fruit or nut pur(cid:130)e and pastes
fruit pulps
fruit juices

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ANNEX IV

TABLE OF EQUIVALENCE

Regulation (EC) No 489/97

This Regulation

Chapter I

Article 1
Article 2
Article 3
Article 4
Article 5

Chapter II

Article 6
Article 7
Article 8

Chapter III

Article 10
Article 11

Chapter II

Article 4
Article 5
Article 6
Article 7
Article 8

Chapter III

Article 9
Article 10
Article 11

Chapter V

Article 22
Article 24