Commission Regulation (EC) No 2807/98 of 22 December 1998 amending Regulation (EC) No 661/97 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of quotas for processed tomato products
Date: 1998-12-22
Institutions: European Commission
Subjects: agro-industry, common organisation of markets, fruit vegetable, production quota, vegetable product

L 349/34

EN

Official Journal of the European Communities

24. 12. 98

COMMISSION REGULATION (EC) No 2807/98

of 22 December 1998

amending Regulation (EC) No 661/97 laying down detailed rules for the applica-
tion of Council Regulation (EC) No 2201/96 as regards the system of quotas for
processed tomato products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2201/96 of
28 October 1996 on the common organisation of the
markets in processed fruit and vegetable products (1), as
amended by Regulation (EC) No 2199/97 (2), and in
particular Article 6(5) thereof,

for

Whereas Commission Regulation (EC) No 661/97 (3) lays
down rules
to undertakings
allocating quotas
producing processed tomato products; whereas, pursuant
to the transitional arrangements provided for in Article
2(a) and (b) of that Regulation, quotas are allocated to
undertakings that commenced operating less than three
marketing years before that for which the allocation is
made;

Whereas, in order to clarify the conditions to be met by
the new undertakings, it should be stipulated that the
latters’ plant and equipment must be in service when they
notify the competent authorities of
their processing
capacity;

Whereas the application of the provisions of this Regula-
tion to the new undertakings may not be in line with the
specific processing conditions in certain Member States;
whereas Member States whose quotas were not fully al-
located at the beginning of the marketing year should be
allowed some latitude and undertakings that commenced
operating in the marketing year preceding, or the penulti-
mate marketing year preceding that for which the al-
location is made should qualify for the allocation of such
unallocated quotas;

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

Whereas experience has shown that the arrangements
currently in force for undertakings that commenced oper-
ating in the marketing year preceding, or the penultimate
marketing year preceding that for which the allocation is
made can give them a disproportionate advantage as
regards the quota breakdown over long-established under-
takings
three
marketing years preceding that for which the allocation is
made;

commenced operating

least

that

at

Whereas the quantities allocated to such undertakings
should be adjusted to take account, on the one hand, of
the processed quantities for which the minimum price is
paid and, on the other hand, of the length of time they
have been operating; whereas the wording of Article 2(a)
and (b) of Regulation (EC) No 661/97 should accordingly
be replaced;

Whereas those amendments should apply solely to under-
takings that commence operating from the 1999/2000
marketing year; whereas, in order to protect the estab-
lished rights of undertakings that commenced operating
before the entry into force of this Regulation, the provi-
sions replaced should continue to apply to those under-
takings;

(1) OJ L 297, 21. 11. 1996, p. 29.
(2) OJ L 303, 6. 11. 1997, p. 1.
(3) OJ L 100, 17. 4. 1997, p. 41.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 661/97 is hereby amended as follows:

1. points (a) and (b) of Article 2 are replaced by the

following:

‘(a) the penultimate marketing year preceding that for
which the allocation is made shall qualify for a
quota equal to the quantities produced within the
quota allocated to them pursuant to point (b), plus
half the quantities produced outside that quota
during the preceding marketing year and sold at
least at the minimum price;

(b) the marketing year preceding that for which the
allocation is made shall qualify for a quota equal to
the quantities produced within the quota allocated
to them pursuant to Article 3(1), plus one-third of
the quantities produced outside that quota during
the preceding marketing year and sold at least at
the minimum price.';

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Official Journal of the European Communities

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

Article 2

‘The plant and equipment referred to in the first
subparagraph must have come into service no later
than 15 January preceding the marketing year during
which the allocation is made. However, for the 1999/
2000 marketing year, this date is 15 February.';

3. the following paragraph is added to Article 5:

‘The Member States may also permit processing under-
takings as referred to in the second paragraph of
Article 2 and in Article 3 to qualify for the allocation
provided for in the first paragraph.'

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

Article 1(2) shall apply on its entry into force.

Article 1(1) and (3) shall apply from the 1999/2000
marketing year. However,
the provisions replaced by
Article 1(1) shall continue to apply to undertakings that
commenced operating before the entry into force of this
Regulation.

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

Done at Brussels, 22 December 1998.

For the Commission

Franz FISCHLER

Member of the Commission