Commission Regulation (EC) No 731/1999 of 7 April 1999 amending Regulation (EC) No 2848/98 in the raw tobacco sector as regards the allocation of quantities following transfers of guarantee threshold quantities from one group of varieties to another and Annex II setting out the production areas
Date: 1999-04-07
Institutions: European Commission
Subjects: common organisation of markets, guarantee threshold, producer organisation, production quota, regulation of agricultural production, tobacco

L 93/20

EN

Official Journal of the European Communities

8. 4. 1999

COMMISSION REGULATION (EC) No 731/1999

of 7 April 1999

amending Regulation (EC) No 2848/98 in the raw tobacco sector as regards the
allocation of quantities following transfers of guarantee threshold quantities
from one group of varieties to another and Annex II setting out the production
areas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2075/92
of 30 June 1992 on the common organisation of the
market in raw tobacco (1), as last amended by Regulation
(EC) No 660/1999 (2), and in particular Articles 7, 9 and
11 thereof,

Whereas Article 9(4) of Regulation (EEC) No 2075/92
provides for the possibility of transfers of part of the
guarantee threshold allocations to other groups of vari-
eties; whereas provisions should be laid down to permit
amendments to quota statements issued to individual
producers who are not members of producer groups and
to producer groups following the authorisation of such
transfers;

Whereas, for the sake of good management and transpar-
ency,
the Member States should lay down objective
criteria, which they themselves are to publish, for distrib-
uting guarantee threshold quantities transferred to other
groups of varieties; whereas, when those criteria are laid
down, account should be taken of the opinions of the
inter-branch organisations recognised in accordance with
Council Regulation (EEC) No 2077/92 (3),
and the
Commission should be notified of such criteria;

Whereas, in accordance with Article 5(a) of Regulation
(EEC) No 2075/92, the premium is granted on condition
that the leaf tobacco comes from a production area speci-
fied for the variety concerned;

Whereas, pursuant to Article 8 of Regulation (EC) No
2848/98 of 22 December 1998 laying down detailed rules
for the application of Council Regulation (EEC) No 2075/
92 as regards the premium scheme, production quotas
and the specific aid to be granted to producer groups in
the raw tobacco sector (4), as amended by Regulation (EC)
No 510/1999 (5), such production areas are laid down in
Annex II to that Regulation;

(1) OJ L 215, 30.7.1992, p. 70.
(2) OJ L 83, 27.3.1999, p. 10.
(3) OJ L 215, 30.7.1992, p. 80.
(4) OJ L 358, 31.12.1998, p. 17.
(5) OJ L 60, 9.3.1999, p. 54.

Whereas, following the decision to fix the premiums and
guarantee thresholds for leaf tobacco by variety group and
Member State for the 1999, 2000 and 2001 harvests and
Italy’s request of 12 March 1999, the production areas for
the Katerini and similar varieties in that Member State
should be determined by amending Annex II to Regula-
tion (EC) No 2848/98;

Whereas the measures in question must apply as soon as
possible;

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2848/98 is amended as follows:

1. The following paragraph is added to Article 22:

‘4. Within 15 days following the publication in the
Official Journal of the European Communities of the
Regulation providing for the transfer of guarantee
threshold quantities from one group of varieties to
another in accordance with Article 9(4) of Regulation
(EEC) No 2075/92, the quantities entered in produc-
tion quota statements following such transfers shall be
allocated fairly among the individual producers who
are not members of producer groups and the producer
groups issued production quota statements by the
competent bodies of the Member States. The quantities
shall be allocated on the basis of objective published
criteria, to be laid down by the Member States after
taking account of the opinions of the inter-branch
organisations recognised in accordance with Regula-
tion (EEC) No 2077/92. The competent bodies of the
Member States shall correct the quantities entered in
production quota statements where the individual
producers who are not members of producer groups
and the producer groups concerned are issued produc-
tion quota statements within the time limit laid down
in paragraph 3.'

8. 4. 1999

EN

Official Journal of the European Communities

L 93/21

2. The following point is added to Article 54:

‘(m) the objective criteria laid down by the Member State for the purpose of allocating
guarantee threshold quantities transferred to another group of varieties in accord-
ance with Article 22(4).'

3. Part VII (‘Katerini and similar varieties') of Annex II is replaced by the Annex hereto.

Article 2

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

It shall apply from the 1999 harvest.

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

Done at Brussels, 7 April 1999.

For the Commission

Franz FISCHLER

Member of the Commission

Group of varieties in accordance with the
Annex to Regulation (EEC) No 2075/92

Member State

Production areas

ANNEX

‘I. VII. Katerini and similar varieties

Greece

Eastern Macedonia, Central Macedonia, Western Macedonia, Thessaly,
Epirus, Eastern Sterea Hellas, Western Sterea Hellas

Italy

Lazio, Abruzzi, Campania, Basilicata, Apulia'