Commission Regulation (EC) No 2717/98 of 16 December 1998 concerning applications for reimbursement by the Community of expenditure paid by the Member States to producer organisations granted preliminary recognition in the fruit and vegetables sector
Date: 1998-12-16
Institutions: European Commission
Subjects: EAGGF Guidance Section, co-financing, producer organisation, production aid, redemption, regional aid

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COMMISSION REGULATION (EC) No 2717/98

of 16 December 1998

concerning applications for reimbursement by the Community of expenditure
paid by the Member States to producer organisations granted preliminary recog-
nition in the fruit and vegetables sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee on Agricultural Structures and Rural Develop-
ment,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the
market in fruit and vegetables (1), as last amended by
Commission Regulation (EC) No 2520/97 (2), and in
particular Article 52(3) thereof,

Whereas, in accordance with Article 52(2) of that Regula-
tion, aid granted by the Member States pursuant to Article
14 thereof constitutes a common measure within the
meaning of Article 2(1) of Council Regulation (EEC) No
4256/88 of 19 December 1988 laying down provisions for
implementing Regulation (EEC) No 2052/88 as regards
the EAGGF Guidance Section (3), as amended by Regula-
tion (EEC) No 2085/93 (4); whereas such aid is covered by
the annual expenditure forecasts and the rules on
payments referred to respectively in Articles 31(1) and 33
of Council Regulation (EC) No 950/97 of 20 May 1997 on
improving the efficiency of agricultural structures (5), as
amended by Regulation (EC) No 2331/98 (6);

Whereas applications for part-financing by the EAGGF
Guidance Section as provided for in Article 5 of Commis-
sion Regulation (EC) No 20/98 of 7 January 1998 laying
down rules for the application of Council Regulation (EC)
No 2200/96 as regards aid to producer organisations
granted preliminary recognition (7) must include certain
particulars and data to be presented in an identical form
by the Member States; whereas, with a view to a thorough
check of
their conformity with Regulations (EC) No
2200/96 and (EC) No 20/98, the Commission must be
able to demand access to the relevant supporting docu-
ments;

HAS ADOPTED THIS REGULATION:

Article 1

Applications for part-financing drawn up by the Member
States in accordance with Article 5 of Regulation (EC) No
20/98 must be presented in accordance with the Annex
hereto.

Article 2

the
1. With the first application for part-financing,
Member States shall send the Commission their national
implementing provisions and administrative instructions,
together with the forms and any other documents relating
to the administrative implementation of the measure. Any
amendment thereto shall be forwarded to the Commis-
sion with the first application for part-financing following
such amendment.

2. With a view to checks of applications for reimburse-
ment of the aid provided for in Article 14(2) of Regulation
(EC) No 2200/96,
the Member States shall send the
Commission, at the latter’s request and within the time
limit laid down, any supporting documents or certified
copies thereof other than as referred to in paragraph 1
which may be relevant for the purposes of calculating that
aid.

(1) OJ L 297, 21. 11. 1996, p. 1.
(2) OJ L 346, 17. 12. 1997, p. 41.
(3) OJ L 374, 31. 12. 1988, p. 25.
(4) OJ L 193, 31. 7. 1993, p. 44.
(5) OJ L 142, 2. 6. 1997, p. 1.
(6) OJ L 291, 30. 10. 1998, p. 10.
(7) OJ L 4, 8. 1. 1998, p. 40.

Article 3

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

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

Done at Brussels, 16 December 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

Application for reimbursement under Article 52(2) of Regulation (EC) No 2200/96

Member State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aid granted in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(calendar year)

The amounts set out below are to be expressed in national currency or in ecu (1).

Aid granted in regions covered
by Objectives 1 and 6

Aid granted in other regions

Aid

Contribution applied
for from the EAGGF
Guidance Section

Aid

Contribution applied
for from the EAGGF
Guidance Section

Aid in accordance
with Article 14(2)(a)
of Regulation (EC)
No 2200/96

Aid in accordance
with Article 14(2)(b)
of Regulation (EC)
No 2200/96 (2)

Total contribution applied for from the EAGGF Guidance Section:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

It is hereby confirmed that:

(cid:190) the aid has been granted solely to organisations meeting all the minimum conditions for preliminary
recognition laid down in Articles 3, 4(1) and (2) and Article 6 of Commission Regulation (EC) No
478/97 (3),

(cid:190) the competent national authority has complied with its obligations under Article 4(3) to (6) and Articles 5

and 7 of Regulation (EC) No 478/97,

(cid:190) the aid granted and the contribution applied for from the EAGGF Guidance Section have been calculated

correctly in accordance with Regulation (EC) No 20/98,

(1) The amounts are to be converted into ecu using the budget rate in accordance with Article 5(2) of Regulation (EEC) No
1866/90 (OJ L 170, 3. 7. 1990, p. 36): ‘Member States which submit their statements of expenditure in ecu shall convert the
amounts of expenditure incurred in national currency into ecu applying the rate for the month during which the
expenditure was recorded in the accounts of the bodies responsible for the financial management of the programme.'
(2) Where the aid has been granted in the form of loans to cover investments in accordance with Article 14(2)(b) of Regulation
(EC) No 2200/96, the method for calculating the value expressed in capital grant equivalent must be described in the annex
to the application for reimbursement.

(3) OJ L 75, 15. 3. 1997, p. 4.

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(cid:190) the public aid in question forms part of the programming referred to in Article 31 of Regulation (EC) No

950/97,

(cid:190) an annual report on progress achieved has been forwarded to the Commission in accordance with Article

25(4) of Regulation (EEC) No 4253/88,

(cid:190) the beneficiaries have been properly informed of the Community contribution.

Done at .......................

Signature and stamp of the
competent authority of the Member
State