Commission Regulation (EC) No 1551/98 of 17 July 1998 amending Regulation (EC) No 293/98 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
Date: 1998-07-17
Institutions: European Commission
Subjects: floriculture, fresh fruit, fresh vegetable, fruit product, representative rate, vegetable product

L 202/28

EN

Official Journal of the European Communities

18. 7. 98

COMMISSION REGULATION (EC) No 1551/98

of 17 July 1998

amending Regulation (EC) No 293/98 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 Commission Regulation (EC) No 293/98 (3)
determines the operative events applicable to products in
the fruit and vegetable sector and to processed fruit and
vegetable products;

Whereas 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 fresh fruit
and vegetables, plants and flowers for the benefit of the
French overseas departments (FOD) (4) replaces Commis-
sion Regulation (EC) No 489/97 (5) and implements the
aid measures for supply and processing referred to in
Articles 2 and 14 respectively of Council Regulation
(EEC) No 3763/91 (6), as last amended by Regulation (EC)
No 2598/95 (7); whereas the operative events for those
measures should be laid down and Regulation (EC) No
293/98 adjusted accordingly;

Whereas the operative event for the supply aid referred to
in Article 2 of Regulation (EEC) No 3763/91 is laid down
in Article 3(8) of Commission Regulation (EC) No 131/
92 (8), as last amended by Regulation (EC) No 1736/96 (9);
whereas, however, the grant of this aid is subject to the
this
lodgment of a security; whereas the amount of
security is fixed in ecus in Article 3(2) of Regulation (EC)
No 1524/98; whereas it should be laid down that the
operative event in this case occurs on the day the applica-
tion for an aid certificate is submitted;

Whereas Article 14 of Regulation (EEC) No 3763/91
provides for aid for the processing of fruit and vegetables;
whereas payment of the aid to the processor is subject to
payment of a minimum price to the producer and the

(1) OJ L 387, 31. 12. 1992, p. 1.
(2) OJ L 22, 31. 1. 1995, p. 1.
(3) OJ L 30, 5. 2. 1998, p. 16.
(4) OJ L 201, 17. 7. 1998, p. 29.
(5) OJ L 76, 18. 3. 1997, p. 6.
(6) OJ L 356, 24. 12. 1991, p. 1.
(7) OJ L 267, 9. 11. 1995, p. 1.
(8) OJ L 15, 22. 1. 1992, p. 13.
(9) OJ L 225, 6. 9. 1996, p. 3.

conclusion of processing contracts between producers and
processors; whereas the aid is paid for the quantity of
products delivered under the said contract; whereas, there-
fore, and given the large number of operators concerned,
pursuant to Article 6(2) of Regulation (EEC) No 3813/92
and derogating from Article 10(2) of Commission Regula-
tion (EEC) No 1068/93 (10), as last amended by Regulation
(EC) No 961/98 (11), the operative event for the agricul-
tural conversion rate should be fixed as the first day of the
month of takeover of the products by the processor, as
attested to by the supporting documents referred to in
Article 22 of Regulation (EC) No 1524/98;

Whereas the specific operative events provided for in this
Regulation meet the criteria of applicability, similarity,
coherence, practicability and effectiveness set out
in
Article 6(2)(a),
(c) and (d) of Regulation (EEC) No
3813/92;

(b),

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 form Fruit and Veget-
ables and the Management Committee for Live Plants,

HAS ADOPTED THIS REGULATION:

Article 1

Article 14 of Regulation (EC) No 293/98 is hereby
amended as follows:

1. the existing paragraphs 1, 2, 3 and 4 are renumbered 2,

3, 4 and 6 respectively;

2. the following paragraphs 1 and 5 are inserted:

‘1.
The operative event for the agricultural conver-
sion rate applicable to the security provided for in
Article 3(2) of Regulation (EEC) No 1524/98 shall be
the day of submission of the aid certificate application.'

‘5.
The operative event for the agricltural conversion
rate applicable to the processing aid provided for in
Article 14 of Regulation (EEC) No 3763/91 shall be
the first day of the month of takeover of the products

(10) OJ L 108, 1. 5. 1993, p. 106.
(11) OJ L 135, 8. 5. 1998, p. 5.

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Official Journal of the European Communities

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by the processor, as attested to by the supporting docu-
ments referred to in Article 22(2) of Regulation (EC)
No 1524/98.';

5. in paragraph 4, the words ‘Article 7 of Regulation (EC)
No 489/97' are replaced by ‘Article 10 of Regulation
(EC) No 1524/98'.

3. in paragraph 2, the words ‘Article 10(2) of Regulation
(EC) No 489/97' are replaced by ‘Article 22(2) of Regu-
lation (EC) No 1524/98';

4. in paragraph 3, the words ‘Article 6 of Regulation (EC)
No 489/97' are replaced by ‘Article 9 of Regulation
(EC) No 1524/98';

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 with effect from 1 July 1998.

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

Done at Brussels, 17 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission