Commission Regulation (EC) No 1622/1999 of 23 July 1999 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the scheme for the storage of unprocessed dried grapes and unprocessed dried figs
Date: 1999-07-23
Institutions: European Commission
Subjects: aid system, dried product, marketing, storage

24. 7. 1999

EN

Official Journal of the European Communities

L 192/33

COMMISSION REGULATION (EC) No 1622/1999

of 23 July 1999

laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the scheme
for the storage of unprocessed dried grapes and unprocessed dried figs

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 Regu-
lation (EC) No 2199/97 (2), and in particular Article 9(8)
thereof,

(1) Whereas Article 9 of Regulation (EC) No 2201/96 intro-
duces a scheme for the storage of unprocessed dried
grapes and dried figs during the last two months of the
respective marketing years of these products, consisting
of arrangements for the approval of the storage agencies
and the payment to them of storage aid and financial
compensation; whereas the conditions which the storage
agencies must meet in order to be approved should be
laid down in particular as regards the steps that are to be
taken to ensure that the products are stored properly;

(2) Whereas the requirements regarding the quality and
presentation of the products offered for storage should
be determined in such a way as to ensure that storage is
carried out under optimum conditions and to prevent it
becoming a more attractive outlet than the commercial
markets; whereas these new requirements should be
introduced on the expiry of a transitional period to
enable production to be adapted gradually; whereas the
duration of this transitional period should take account
of the distinctive characteristics of each sector;

(3) Whereas, having regard to the arrangements for the
payment of the aid for the cultivation of dried grapes
referred to in Article 7 of Regulation (EC) No 2201/96
and the production aid for dried figs referred to in
Article 2 of
that Regulation, access to the storage
arrangements should be restricted to producer organ-
isations and, in the case of unprocessed dried grapes, to
processors, given that the marketing and/or storage of
these unprocessed products are undertaken by producer
organisations and processors;

(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 303, 6.11.1997, p. 1.

(4) Whereas the procedures for the sale of the products held
by the storage agencies and their use should be defined
in a manner that will safeguard the financial interests of
the Community and give responsibility for determining
the technical arrangements for the sale to the Member
States;

(5) Whereas the intervals at which applications for storage
aid and financial compensation are presented should be
laid down; whereas intervals of one month take due
account of the interests of the storage agencies without
unnecessarily adding to the administrative burden of the
arrangements;

(6) Whereas the provisions of this Regulation replace, by
altering them in the light of changes in the law and
experience gained, the provisions of Commission Regu-
lation (EEC) No 626/85 of 12 March 1985 on the
purchasing, selling and storage of unprocessed dried
grapes and figs by storage agencies (3), as last amended
by Regulation (EC) No 1437/97 (4) and of Commission
Regulation (EEC) No 627/85 of 12 March 1985 on
storage aid and financial compensation for unprocessed
dried grapes and figs (5), as last amended by Regulation
(EC) No 1922/95 (6); whereas, moreover, these provi-
sions invalidate the provisions of Commission Regula-
tion (EEC) No 3263/81 of 16 November 1981 laying
down rules covering sales by tender or at prices fixed in
advance of dried figs and dried grapes held by storage
agencies (7), Commission Regulation (EEC) No 1325/84
of 14 May 1984 laying down detailed rules for deter-
mining the financial compensation for dried figs and
dried grapes for a given marketing year (8), Commission
Regulation (EEC) No 1707/85 of 21 June 1985 on the
sale of unprocessed dried figs by storage agencies for the
alcohol (9), Commission Regulation
manufacture of
(EEC) No 3205/85 of 15 November 1995 on the sale by
way of invitation to tender of unprocessed dried grapes
for specific uses (10), Commission Regulation (EEC) No
682/86 of 4 March 1986 on the sale by storage agencies
of unprocessed dried grapes for the manufacture of
certain condiments (11), Commission Regulation (EEC)
No 3937/88 of 16 December 1988 on the sale by
storage agencies of unprocessed currants for the manu-
facture of dried grapes (12) and Commission Regulation
(EEC) No 913/89 of 10 April 1989 on the sale of
unprocessed dried grapes by storage agencies for the
manufacture of alcohol (13); whereas the above Regula-
tions should therefore be repealed;

(3) OJ L 72, 13.3.1985, p. 7.
(4) OJ L 196, 24.7.1997, p. 62.
(5) OJ L 72, 13.3.1985, p. 17.
(6) OJ L 185, 4.8.1995, p. 19.
(7) OJ L 329, 17.11.1981, p. 8.
(8) OJ L 129, 15.5.1984, p. 13.
(9) OJ L 163, 22.6.1985, p. 38.
(10) OJ L 303, 16.11.1985, p. 6.
(11) OJ L 62, 5.3.1986, p. 8.
(12) OJ L 348, 17.12.1988, p. 29.
(13) OJ L 97, 11.4.1989, p. 5.

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Official Journal of the European Communities

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(7) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Products Processed from Fruit and Veget-
ables,

HAS ADOPTED THIS REGULATION:

Article 1

— 150 fruits per kg in subsequent marketing years.

Article 3

1.
Contracts shall be drawn up between the vendors and the
storage agencies for all products bought in by the latter. The
vendors shall be processors or producer organisations recog-
nised or granted preliminary recognition pursuant to Regula-
tion (EC) No 2200/96.

However, on a transitional basis, vendors may also be:

For the purposes of Article 9 of Regulation (EC) No 2201/96,
the Member States shall grant approval to storage agencies
applying therefor:

— in the case of unprocessed dried figs, producers not
belonging to producer organisations, until the end of the
2001/02 marketing year,

(a) which have adequate storage facilities; in the case of unpro-
cessed dried grapes, such facilities must be at least equiva-
lent to those required pursuant to the fifth indent of Article
4(2)(a) and the first indent of Article 4(2)(b) of Commission
Regulation (EC) No 1621/1999 (1) for entry in the list
referred to in Article 4(1) of that Regulation;

(b) which have the technical and human resources necessary to
manage the products bought in pursuant to Article 9 of
Regulation (EC) No 2201/96;

(c) which undertake in writing to comply with the Community
and national provisions in their work as storage agencies.
Such undertakings shall
in particular cover compliance
with the obligation to store products bought in on separate
premises and to keep separate accounts for them.

Article 2

Pursuant to Article 9(1) and (2) of Regulation (EC) No

1.
2201/96, the storage agencies shall buy in:

— unprocessed dried grapes offered to them each year from l
July to 31 August, up to the quantity laid down in the
second subparagraph of Article 9(1) of that Regulation,

— unprocessed dried figs offered to them each year from 1

June to 31 July,

from the marketing year in progress.

2.
The products shall be delivered to the storage agencies in
stackable plastic crates; however, on a transitional basis, unpro-
cessed dried grapes may be delivered in suitable containers
until the end of the 2001/02 marketing year, and unprocessed
dried figs until the end of the 2003/04 marketing year.

The delivered products must:

— in the case of unprocessed dried grapes, meet the minimum
requirements laid down in the Annex to Regulation (EC) No
1621/1999,

— in the case of unprocessed dried figs, meet the minimum
requirements laid down in the Annex to Commission Regu-
lation (EC) No 1573/1999 (2) and have a minimum size of:

— 180 fruits per kg up to the end of

the 2003/04

marketing year, and

(1) See page 21 of this Official Journal
(2) OJ L 187, 20.7.1999, p. 27.

— in the case of unprocessed dried grapes, for the 1999/2000
marketing year, the forms of producer association referred
to in Article 13(2)(a) of Regulation (EC) No 1621/1999.

The contracts shall be drawn up at least two weeks before the
date of delivery and shall stipulate in particular:

(a) the names and addresses of the parties,

(b) the approximate quantity of unprocessed dried product to

be delivered,

(c) the address to which the product is to be delivered,

(d) the date of delivery.

The storage agencies shall forward copies of the contracts to
the competent national authority forthwith. They shall retain
proof of forwarding.

2.
The products shall be taken over by the storage agencies
before the expiry of the time limit laid down in Article 2(1).
Where the vendor and the storage agency do not agree on the
weight or quality of the product, the latter shall be weighed
and an additional sample taken in the presence of a repres-
entative of the competent national authority. Where a product
does not meet the quality requirements referred to in Article
2(2), the contract shall be cancelled in respect of the quantities
that do not meet those requirements; the vendor shall compen-
sate the storage agency in accordance with national provisions.

3. Where the storage agency is also a vendor, the contract as
provided for in paragraph 1 shall be deemed to have been
concluded once a document setting out the particulars specified
in points (b), (c) and (d) of that paragraph has been forwarded
to the competent national authority; the document must be
forwarded at least two weeks before the expiry of the time limit
laid down in Article 2(1). Takeover of the products by the
storage agency, including weighing and quality control opera-
tions, shall be carried out in the presence of a representative of
the competent national authority.

Article 4

1.
Products held by storage agencies shall be put up for sale
by the competent authority which granted them recognition.
They shall be sold by invitation to tender or standing invitation
to tender, with a minimum tendering price, where applicable,
and subject to the following conditions:

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Official Journal of the European Communities

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(a) unprocessed dried figs shall be sold for a specific industrial
use, to be specified in the notice of invitation to tender;

(b) unprocessed dried grapes shall be sold by the end of
February after buying-in for processing into dried grapes
for final consumption and, after that date, for a specific
industrial use, to be specified in the notice of invitation to
tender.

The specific industrial uses referred to in paragraph 1
2.
shall include in particular the production of preparations of a
kind used in animal feeding covered by CN code 2309, roasted
coffee substitutes covered by CN code 2101 30 and alcohol
covered by CN code 2208. The Member States may authorise
sales for other industrial uses after notifying the Commission of
the commercial grounds for their choice and the controls
covering those other uses.

storage were sold, any difficulties encountered, the quantities
remaining unsold and,
lastly, the procedure for selling the
remaining quantities.

Article 6

The storage agencies shall keep detailed records of move-

1.
ments of products entering and leaving storage.

2.
Unprocessed dried grapes in storage until the end of
February following take over shall be stored and handled so as
to preserve their original quality and wholesomeness.

3.
On entry into storage in the case of unprocessed dried
figs and from 1 March following takeover in the case of
unprocessed dried grapes, the products shall be stored and
handled as products intended for a specific industrial use.

Article 5

The Member States shall determine the handling opera-

4.
tions and other treatment required for storage.

1. Within 10 days of the end of the periods referred to in
Article 2(1) and, in the case of unprocessed dried grapes, before
10 March in respect of the quantities unsold at the end of
February, the competent authority shall send the Commission:

— figures relating to quantities of dried products taken over or
the storage agencies

remaining unsold, with details of
holding the products,

— an analysis of

the situation regarding possible outlets,
having regard to the need to preserve balance on the
market, and proposals relating in particular to the selected
outlet(s), the schedule of quantities to be put up for sale in
the case of standing invitations to tender and any minimum
tendering price fixed,

— a copy of the notice of invitation to tender or standing

invitation to tender,

— a copy of the national provisions relating to invitations to
tender under this Regulation. Such provisions shall cover in
particular:

(i) the publicising of notices of invitation to tender;

(ii) the undertakings to be provided by tenderers;

(iii) the amounts of the tendering and special securities
provided for respectively in the second subparagraphs
of Article 9(7) and (3) of Regulation (EC) No 2201/96;

(iv) the procedure for opening tenders and designating the

Article 7

1.
The storage aid provided for in Article 9(4) of Regulation
(EC) No 2201/96 shall be fixed per day of storage. The actual
duration of storage shall include the days on which the product
enters and leaves storage.

2.
Two rates of aid shall be fixed for unprocessed dried
grapes from the same marketing year. The first rate shall apply
to products in storage until the end of February following
buying-in. The other rate shall apply to products in storage
after that date but not beyond the end of the maximum period
of storage fixed in Article 9(4) of Regulation (EC) No 2201/96.
When the second rate of aid is fixed, account shall be taken of
the less stringent storage requirements applying in the period
commencing on 1 March following takeover pursuant
to
Article 6(3) of this Regulation.

Article 8

1.
Applications for storage aid shall be submitted by the
storage agencies to the competent authority by the fifth day of
each month and shall relate to the previous month.

successful tenderers;

2.

They shall

include in particular:

(v) the conditions governing the forfeiture and release of

securities;

(vi) the rules governing takeover by the purchaser and

payment of the purchase price;

(vii) the verification of observance of the specific industrial

use.

The competent authority shall

2.
inform the Commission
and the storage agency concerned forthwith of the outcome of
invitations to tender and partial

invitations to tender.

Within 10 days of
the
competent authority shall send the Commission a report on
conditions prevailing on the market when the quantities in

the marketing year,

the end of

— details of the quantities in respect of which the aid is
applied for and the number of days of actual storage,

— the quantity in storage on the first and last days of the
month in respect of which storage aid is applied for, no
deduction being made for any natural

losses.

Article 9

Together with the storage aid applications as provided for
1.
in Article 8, applications
financial compensation as
for
provided for in Article 9(5) of Regulation (EC) No 2201/96
shall be submitted by the storage agencies to the competent
authority by the fifth day of each month in respect of quant-
ities sold during the previous month.

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The applications shall include in particular details of the
2.
quantities sold during the month in question, broken down by
selling price. Applications relating to the last sale of quantities
taken over in respect of a given marketing year shall include
figures for natural losses. Such losses shall be treated as quant-
ities sold where they do not exceed 0,5 % of the average
quantity in storage per month.

The financial compensation shall be calculated in accord-

3.
ance with Article 9(5) of Regulation (EC) No 2201/96.

Article 10

1.
The competent authority of the Member State that has
approved the storage agency shall conduct on-the-spot checks
as follows:

(a) in the case of unprocessed dried grapes, from takeover to
the end of February of the following year checks shall be
conducted on at least 20 % of the quantities in storage and
at least once at each storage agency to see that records are
properly kept and shall also cover storage conditions and
the quality of the product in storage;

(b) in the case of unprocessed dried figs, systematic checks
shall be conducted at the time of takeover to see that the
product meets the minimum quality requirements;

(c) checks shall be conducted on at least 10 % of the quantities
in storage to verify the information given in applications
for storage aid and for financial compensation.

The competent authority shall withdraw approval where
2.
any of the conditions for approval are no longer met; no
storage aid or financial compensation shall be paid in respect
of the marketing year in progress and amounts already paid
shall be reimbursed, plus interest for the time elapsing between
payment and reimbursement.

The rate of interest shall be that applied by the European
Monetary Institute for its transactions in ecu, as published in
the ‘C' series of the Official Journal of the European Communities
and in force on the date of the wrong payment, plus three
percentage points.

Article 11

Regulations (EEC) No 3263/81, (EEC) No 1325/84, (EEC) No
626/85, (EEC) No 627/85, (EEC) No 1707/85, (EEC) No 3205/
85, (EEC) No 682/86, (EEC) No 3937/88 and (EEC) No 913/89
are repealed.

Article 12

This Regulation shall enter into force on the seventh 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, 23 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission