Commission Regulation (EC) No 2162/1999 of 12 October 1999 amending Regulation (EC) No 2848/98 in the raw tobacco sector and laying down transitional provisions on use of the specific aid and on the relation between the variable part of the premium and the premium for Group VII (Katerini) in Italy for the 1999, 2000 and 2001 harvests
Date: 1999-10-12
Institutions: European Commission
Subjects: Italy, agricultural guidance, production aid, tobacco, use of aid

13. 10. 1999

EN

Official Journal of the European Communities

L 265/13

COMMISSION REGULATION (EC) No 2162/1999

of 12 October 1999

amending Regulation (EC) No 2848/98 in the raw tobacco sector and laying down transitional
provisions on use of the specific aid and on the relation between the variable part of the premium
and the premium for Group VII (Katerini) in Italy for the 1999, 2000 and 2001 harvests

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

is submitted before 16 September,

paid within 30 days of submission of the application,
in
save where it
which case that period is increased to 60 days. Since in
certain Member States the harvest begins on 1 August,
the payment period should be increased to 77 days.

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, 14a and 27 thereof,

(5)

Whereas:

(1)

(2)

(3)

Article 3 of Commission 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 (3), as last amended by Regulation (EC)
No 1373/1999 (4),
lays down the requirements which
producer groups must satisfy to be recognised. In order
better to compare the quality of tobacco produced by
each producer group and to ensure that its members are
given technical assistance, producer groups should be
allowed to restrict their activity to recognised production
areas.

In order to ensure that the variable part of the premium
functions correctly and that effective checks are carried
out, it should be laid down that the purchase price to be
used for calculating the variable part of the premium
must be that established on delivery, that tobacco must
be replanted before 15 June for each harvest and that
failure to comply with that provision should be penal-
ised.

The first subparagraph of Article 19(5) of Regulation
(EC) No 2848/98 provides for payment to the producer
of an advance on the premium equal to 50 % of the
premium payable. In order to simplify the administrative
procedures in the Member States, the maximum amount
of the advance should be equal to the fixed part of the
premium.

(4)

The second subparagraph of Article 19(5) of Regulation
(EC) No 2848/98 provides that the advance may be paid
from 16 October of the year of harvest and must be

(1) OJ L 215, 30.7.1992, p. 70.
(2) OJ L 83, 27.3.1999, p. 10.
(3) OJ L 358, 31.12.1998, p. 17.
(4) OJ L 162, 26.6.1999, p. 47.

(6)

(7)

Article 31(1) of Regulation (EC) No 2848/98 provides
that where a tobacco-producing holding is transferred to
a third party for any reason whatsoever, the new incum-
bent is entitled to the production quota statement from
the date of transfer for the entire reference period. In
order to improve the efficiency of inspection procedures
and to prevent evasion of the rules,
in the case of
transfers not due to death, Member States should be
allowed to fix a date by which the new incumbent must
obtain entitlement to the production quota statement for
the current harvest year.

The cultivation contract is concluded between a first
processor, on the one hand, and a producer group or
individual producer who does not belong to a group, on
the other, as provided for in Article 9(1) of Regulation
(EC) No 2848/98 and the contract includes details, inter
alia, of the exact location where the tobacco is produced
and the area of the parcel concerned. The fifth indent of
Article 40(2) of that Regulation lays down that groups
may use the specific aid to ensure that they comply with
Community rules. Penalties should therefore be applied
to individual producers where the parcel on which the
tobacco is grown is different to that indicated in the
cultivation contract and the penalties strengthened by
imposing them not only on individual growers but also
on the producer groups to which they belong.

At least half of the amount of the specific aid must be
used by producer groups for the expenditure referred to
in the first, second and third indents of Article 40(2) of
Regulation (EC) No 2848/98, as provided for in para-
graph 3 of that Article. In view of the amended condi-
tions for the recognition of producer groups due to take
effect from the 1999 harvest, provision should be made
for a two-year transitional period during which use of
the specific aid is more flexible so as to enable producer
groups to reorganise with a view to enhancing the value
of products supplied by their members and ensuring
that the group complies with Community rules.

L 265/14

EN

Official Journal of the European Communities

13. 10. 1999

(8)

(9)

Council Regulation (EC) No 660/1999 fixes a guarantee
threshold for group VII (Katerini and similar varieties) in
Italy. The relation between the variable part and the
premium should be fixed for that group of varieties in
Italy, using the same relation as adopted for the group in
Greece.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. The following text is added to Article 3(1)(g):

‘However, producer groups may restrict their activities to
certain production areas. However, in such cases, individual
producers growing tobacco both inside and outside the
production areas concerned may become members of that
producer group for their entire production provided most
of
their crop is harvested within the production areas
covered by the group’.

2. The following point (l) is added to Article 9(3):

‘(l) an undertaking by the producer to replant the tobacco
on the parcel concerned by 15 June of the harvest year:
However, if replanting is delayed, the producer group or
individual producer not belonging to a producer group
must inform the processor and the competent authority
of the Member State thereof by registered letter before
that date, giving the reason for the delay and giving
details of any change of parcel’.

3. The following paragraph 6 is added to Article 18:

‘6.
The purchase price to be used for calculating the
variable part of the premium must be that established for
each lot on delivery’.

4. Article 19(5) is replaced by the following:

‘5.
The advance, which may not exceed the fixed part of
the premium payable, shall be paid subject to the lodging of
a security equal to the advance plus 15 %.

The advance shall be paid from 16 October of the year of
harvest and must be paid within 30 days of submission of
the application referred to in paragraph 2 and of proof that
the security has been lodged, except where the application is
submitted before 16 September, in which case the period
shall be increased to 77 days’.

5. Article 31(1) is replaced by the following:

‘1. Where a tobacco producing holding is transferred to a
third party for any reason whatsoever, the new incumbent
shall be entitled to the production quota statement from the

date of registration with the competent authority.Member
States shall fix a time limit or a deadline for the registration
of transfers with the competent authority. Except in the case
of a transfer following the death of the incumbent, where
the transfer is submitted to the competent authority for
registration after the time limit fixed by the Member State,
entitlement to the production quota statement shall take
effect from the following harvest’.

6. Article 40(3) is replaced by the following:

‘3.
The expenditure referred to in the first, second and
third indents of paragraph 2 must be at least 30 % of the
total specific aid for the 1999 harvest, 40 % for the 2000
harvest and 50 % for subsequent harvests’.

7. In Article 50, paragraphs 1 and 2 are replaced by the
following and the following paragraphs 2a and 2b are
added:

If checks reveal that the tobacco was not replanted on
‘1.
the parcel indicated in the cultivation contract until after 15
June of the year of harvest, the individual producer shall
loser:

(a) 50 % of

the premium for
replanting was carried out by 30 June,

the current harvest,

if

(b) all entitlement to the premium for the current harvest, if
replanting was, carried out after 30 June but by 30 July.

Where individual producers fail to grow tobacco or where
replanting takes place after 30 July of the current harvest
year, they shall lose all entitlement to the premium for the
current harvest and to a production quota for the following
harvest.

2. Where the area actually cultivated falls short of the
area declared by more than 10 %, the premium to be paid
to the producer in question for the current harvest and the
quota for the subsequent harvest shall be reduced by twice
the discrepancy found.

2a.
Except where paragraph 2 applies, where the parcel
on which the tobacco is grown is different from the parcel
indicated in the registered cultivation contract, the premium
to be paid to the producer concerned for the current
harvest shall be reduced by 5 %.

2b. Where the penalties referred to in paragraphs 1, 2
and 2b are applied to an individual producer who is a
the specific aid to the
member of a producer group,
producer group to which that producer belongs shall be
reduced by an amount equal to half the reduction applied
to the producer. Where such penalties are applied for more
than two consecutive years, they shall be doubled from the
third year’.

13. 10. 1999

EN

Official Journal of the European Communities

L 265/15

8. In Annex V, point B is replaced by the point B given in the Annex to this Regulation.

Article 2

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

Article 1 shall apply from the 1999 harvest, except for paragraphs 1, 2, 3, 5 and 7 which
shall apply from the 2000 harvest.

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

Done at Brussels, 12 October 1999.

For the Commission

Franz FISCHLER

Member of the Commission

L 265/16

EN

Official Journal of the European Communities

13. 10. 1999

‘(B) Relation between the variable part and the premium

ANNEX

1999

I
(Flue-cured)

II
(Light air-cured)

III
(Dark air-cured)

IV
(Fire-cured)

V
(Sun-cured)

Italy

20 %

20 %

20 %

20 %

25 %

VI
Basmas

Other

VII
Katerini

15 %

VIII
K. Koulak

Greece

20 %

20 %

25 %

15 %

15 %

15 %

Spain

20 %

20 %

20 %

20 %

Portugal

20 %

20 %

France

20 %

20 %

20 %

Germany

20 %

20 %

20 %

Belgium

20 %

20 %

Austria

20 %

20 %

20 %

2000

I
(Flue-cured)

II
(Light air-cured)

III
(Dark air-cured)

IV
(Fire-cured)

V
(Sun-cured)

Italy

25 %

25 %

25 %

25 %

35 %

VI
Basmas

Other

VII
Katerini

20 %

VIII
K. Koulak

Greece

25 %

25 %

35 %

20 %

20 %

20 %

Spain

25 %

25 %

25 %

25 %

Portugal

25 %

25 %

France

25 %

25 %

25 %

Germany

25 %

25 %

25 %

Belgium

25 %

25 %

Austria

25 %

25 %

25 %

13. 10. 1999

EN

Official Journal of the European Communities

L 265/17

Other

VII
Katerini

30 %

30 %

VIII
K. Koulak

30 %’

VI
Basmas

30 %

2001 and subsequent harvests

I
(Flue-cured)

II
(Light air-cured)

III
(Dark air-cured)

IV
(Fire-cured)

V
(Sun-cured)

35 %

35 %

35 %

35 %

35 %

35 %

Italy

Greece

Spain

Portugal

France

Germany

Belgium

Austria

35 %

35 %

35 %

35 %

35 %

35 %

35 %

35 %

35 %

40 %

32 %

40 %

32 %

45 %

45 %

40 %

40 %

40 %

40 %