Commission Regulation (EC) No 1082/1999 of 26 May 1999 amending Regulation (EC) No 1169/97 laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits
Date: 1999-05-26
Institutions: European Commission
Subjects: EAGGF Guarantee Section, agro-industry, citrus fruit, market intervention, producer organisation, production aid

L 131/24

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Official Journal of the European Communities

27. 5. 1999

COMMISSION REGULATION (EC) No 1082/1999

of 26 May 1999

amending Regulation (EC) No 1169/97 laying down detailed rules for the applica-
tion of Council Regulation (EC) No 2202/96 introducing a Community aid
scheme for producers of certain citrus fruits

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EC) No 2202/96 of
28 October 1996 introducing a Community aid scheme
for producers of certain citrus fruits (1), as last amended by
Regulation (EC) No 858/1999 (2), and in particular
Articles 2(2), 3(4), 6 and 8 thereof,

Regulation (EC) No 1169/97 is hereby amended as
follows:

1. the following paragraph 3 is added to Article 2:

(1) Whereas Article 5(2) of Regulation (EC) No 2202/
96, lays down that the financial consequences of
exceeding the processing thresholds laid down in
paragraph 1 of that Article are postponed to the
marketing year following that in which the overrun
occurs; whereas the detailed rules for the applica-
tion of Commission Regulation (EC) No 1169/
97 (3), as amended by Regulation (EC) No 1145/
98 (4), should be amended to reflect this new situa-
tion;

(2) Whereas the equivalent period of 12 consecutive
months referred to in Article 5 of Regulation (EC)
No 2202/96, used to assess whether or not there
has been an overrun of the processing threshold,
must be laid down;

(3) Whereas, in order to make the administration of
multiannual contracts more flexible, the transfer
should be permitted of a limited percentage of the
quantity to be delivered in a delivery period to the
previous or the subsequent delivery period in the
the total
same marketing year, provided that
quantity provided for
that
for
marketing year is respected;

in the contract

(4) Whereas experience with processing contracts has
shown that, in order to achieve the objectives of the
scheme, financial penalties need to be imposed
where producer organisations do not supply the
quantities provided for in a contract and, in partic-
ular, where they cancel a contract or fail to make
any deliveries at all;

(5) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the
Management Committee for Fresh Fruit and Veget-
ables,

(1) OJ L 297, 21.11.1996, p. 49.
(2) OJ L 108, 27.4.1999, p. 8.
(3) OJ L 169, 27.6.1997, p. 15.
(4) OJ L 159, 3.6.1998, p. 29.

In a given marketing year,

‘3.
“the equivalent
period” referred to in Article 5(2) of Regulation (EC)
No 2202/96 shall run from:

(cid:190) 1 August of the preceding marketing year to 31
July of the current marketing year for oranges,

(cid:190) 1 October to 30 June of the current marketing
year for mandarins, clementines and satsumas,

(cid:190) 1 August of the preceding marketing year to 31
July of the current marketing year for grapefruit
and pomelos,

(cid:190) 1 April of the preceding marketing year to 31
March of the current marketing year for lemons.';

2. in Article 3(7),

‘1 June' is replaced by ‘1 July';

3. Article 5 is amended as follows:

(cid:190) paragraph 1(b) is replaced by the following:

‘(b) 1 July for lemons;'

(cid:190) in paragraph 2, the first subparagraph is replaced

by the following:

In the case of contracts covering one
‘2.
marketing year,
the quantity for each delivery
period, within the meaning of Article 3(3)(d), may
be amended by means of a written amendment,
except
the first delivery
period,'

the quantity for

for

(cid:190) paragraph 3 is replaced by the following:

‘3.
In the case of multiannual contracts, the
quantity for each marketing year, within the
meaning of Article 3(3)(c), may be amended by
means of a written amendment. Such amend-
ments shall show the identification number of the
contract
to which they relate. They shall be
concluded before 1 July of the marketing year in
question in the case of
lemons and before 1
November of the marketing year in question in
the case of other products. The quantities to be
delivered in each marketing year as stipulated in
such amendments may not differ by more than

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Official Journal of the European Communities

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40 % from those originally laid down in the
contract for that marketing year. The quantity to
be delivered shall be broken down by delivery
quarter
the marketing year
concerned.

from the start of

A maximum of 25 % of the quantity to be deliv-
ered in each delivery period may be transferred to
either the preceding or the subsequent delivery
period by means of a single written agreement
between the parties concerned for each period,
provided that the total quantity for the marketing
year concerned is respected.

forward the
The producer organisation shall
agreement to the body referred to in Article 6(1),
ensuring that it reaches that body before the end
of the period concerned in the case of transfer to
the subsequent period and 30 days before the end
of the preceding period in the case of transfer to
the preceding period.';

4. Article 8(4) is replaced by the following:

‘4. No later than 30 days after the start of the
marketing year, the information specified in para-
graphs l and 2 and a copy of the agreements referred
to in paragraph 3 shall be forwarded to the body
designated by the Member State in which the raw
materials are harvested.';

5. Article 12 is replaced by the following:

‘Article 12

Aid applications shall be submitted by the producer
organisation per product and per delivery period to
the body designated by the Member State on whose
territory the raw materials were harvested.

A single aid application may be submitted per
delivery period for a given basic product. In the case
of clementines, separate aid applications must be
drawn up for each potential use, that is for juice or
segments.';

6. Article 13 is replaced by the following:

‘Article 13

Each aid application for each product and for each
delivery period, shall include inter alia the following:

(a) the applicant’s name and address;

(b) the identification numbers of the contracts under
which the product is delivered, specifying whether
the contracts relate to one or more marketing
years;

(c) the quantity of product delivered under

the
contracts,
thereto,
including any amendments
during the period concerned. That quantity shall
be broken down by contract and according to the
amount of the corresponding aid;

(d) the quantity of product delivered otherwise than

under contracts during the same period;

(e) the average prices applying, on the one hand, to
products delivered under contracts, distinguishing
between multiannual contracts
and contracts
covering one marketing year, and, on the other
hand, to other products delivered otherwise than
under contracts during the period concerned;

(f) a declaration by the producer organisation to the
effect that products referred to in point (c) meet
the quality criteria laid down in Article 9.';

7. Article 14 is replaced by the following:

‘Article 14

Aid applications referred to in Article 13 shall be
submitted to the competent body not later than 45
days following the end of the period concerned.';

8. Article 15 is replaced by the following:

‘Article 15

1.
The aid shall be paid by the competent body of
the Member State in which the raw material was
harvested once the supervisory body of the Member
State in which processing takes place has established
that the products covered by the application for the
aid have been delivered to the processor.

Where processing takes place in another Member
State, that Member State shall provide the Member
State where the product is harvested with proof that
the product has in fact been delivered.

No aid shall be granted for quantities in respect of
which the requisite checks on the conditions under
which the aid is granted have not been conducted.

2. Within 15 working days of receipt of the aid,
the producer organisation shall pay in full by bank or
postal transfer the amounts received to its members
or, where the second and third indents of Article
11(1)(c)(3) of Regulation (EC) No 2200/96 apply, to
the members of
the other producer organisations
and/or to the individual producers concerned. In
cases as provided for in Article 4 of this Regulation,
such payments may be credited.';

9. Article 18(2) is amended as follows:

(cid:190) in the first subparagraph, point (e) is replaced by:

‘(e) aid applications for each delivery period,'

(cid:190) in point (a) in the second subparagraph,

‘or an

advance' is deleted;

10. Article 20 is amended as follows:

(cid:190) paragraphs 1 and 2 are replaced by the following:

If the aid for a product applied for by a
‘1.
producer organisation in respect of a delivery
period is found to be greater than the amount
due, the latter shall be reduced where the differ-
ence is the result of false declarations, false docu-
ments or serious negligence on the part of the
producer organisation. That reduction shall be
equal to twice the difference, plus interest calcu-
lated on the period elapsing between payment

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Official Journal of the European Communities

27. 5. 1999

and reimbursement of
received by the recipient.

the

amount unduly

11. Article 22(1) is replaced by the following:

The rate of interest shall be that applied by the
European Monetary Institute to transactions in
euros, as published in the “C” series of the Offi-
cial Journal of the European Communities, in
force on the date of undue payment; plus three
percentage points.

2. Where paragraph 1 is applied, if the differ-
ence between the aid actually paid and the aid
due exceeds 20 % of the latter, the recipient shall
reimburse the total aid paid, plus interest calcu-
lated in accordance with that paragraph; if that
the producer organ-
difference exceeds 30 %,
isation shall also forfeit any entitlement
to
production aid in the following marketing year.',

(cid:190) in paragraph 7,
(cid:190) the following paragraph 8 is added:

‘or advance' is deleted,

‘8. Where a processing contract is cancelled,
either in full or in part, before its expiry, the
signatory producer organisation shall reimburse
40 % of the aid received for that contract, plus
interest calculated in accordance with the second
subparagraph of paragraph 1.

In addition, in the case of multiannual contracts:

(cid:190) a producer organisation which cancels, in full
or in part, rivo or more contracts during the
same marketing year may not conclude a
multiannual contract pursuant to Regulation
(EC) No 2206/96 for three marketing years
the
from the time the competent body of
Member State concerned notes such cancella-
tion,

(cid:190) failure to deliver a product during one of the
marketing years covered by a contract shall
imply cancellation of that contract.';

Each Member State concerned shall notify the

‘1.
Commission of:

(a) the quantity of each product covered by contracts
for the current marketing year, broken down by
delivery period and type of contract, by:

(i) 15 August in the case of lemons;
(ii) 15 December in the case of other products;

(b) the quantity of

each product delivered for
processing pursuant to Regulation (EC) No 2202/
96 during the periods referred to in Article 2(3),
by:

(i) 1 May of the current marketing year in the

case of lemons;

(ii) 1 September of the current marketing year in

the case of other products.';

12. Article 23 is replaced by the following:

‘Article 23

As regards grapefruit and pomelos, whether or not the
processing threshold laid down in Article 5 of Regu-
lation (EC) No 2202/96 for the 1999/2000 marketing
year has been exceeded shall be assessed on the basis
of the average quantities processed pursuant to Regu-
lation (EC) No 2202/96 during the 1997/98 and
1998/99 marketing years.'

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 from the 1999/2000 marketing year.

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

Done at Brussels, 26 May 1999.

For the Commission

Franz FISCHLER

Member of the Commission