Commission Regulation (EC) No 2729/1999 of 21 December 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: 1999-12-21
Institutions: European Commission
Subjects: EU control, agro-industry, aid system, citrus fruit, producer organisation, production aid

22. 12. 1999

EN

Official Journal of the European Communities

L 328/35

COMMISSION REGULATION (EC) No 2729/1999

of 21 December 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(a) physical checks shall be made of:

Having regard to the Treaty establishing the European
Community,

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 amended by Regulation
(EC) No 858/1999 (2), and in particular Article 6 thereof,

Whereas:

(1)

(2)

Article 18(2), (3) and (4) of Commission Regulation (EC)
No 1169/97 of 26 June 1997 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, as last amended by Regulation
(EC) No 1082/1999 (3), lays down the various checks to
which the processors and producer organisations are
subject;

the experience gained in implementing these controls
indicates that the physical and documentary checks need
to be distinguished and the importance of each of these
from
controls
conducting on-the-spot checks furthermore indicates
that risk analysis should be used to programme these
checks and that the information to be used for this
'purpose should be specified;

emphasised. Experience

should be

(3)

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

HAS ADOPTED THIS REGULATION:

Article I

Article 18 of Regulation (EC) No 1169/97 is hereby replaced
by the following:

‘Article 18

1. Member States shall take all the measures necessary
to ensure compliance with this Regulation. To that end,
and without prejudice to Title VI of Regulation (EC) No
2200/96,
the checks
provided for in paragraphs 2 and 3 of this Article.

in particular conduct

they shall

For each product, marketing year and producer

2.
organisation:

(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.

— at least 5 % of the areas referred to in Article 8(1)

and (2);

— at

least 20 % of

the quantities delivered for

processing in each delivery period;

(b) documentary checks shall be made of:

— at least 30 % of the agreements referred to in Article

8(3);

— at least 30 % of the payments referred to in Article

15;

— all applications for aid in each delivery period.

The checks shall also verify that the following tally:

(a) the quantities of products delivered for processing
under contracts and covered by delivery certificates as
provided for in Article 10(2) and those covered by each
application for the aid or an advance; and

(b) the quantities of products delivered for processing
under contracts and those delivered to producer organ-
isations by their members, by members of other
producer organisations where the second and third
indents of Article 11(1)(c) of Regulation (EC) No 2200/
96 apply, and by individual producers where Article 4
of Regulation (EC) No 2202/96 applies.

3.

For each processor, product received and month,

(a) physical checks shall be made of:

— at least 30 % of the consignments received under
the two types of contract
(for one or more
marketing years); the checks shall cover at least the
net weight of each consignment and its yield in
juice;

(b) documentary checks shall be made of

— at least 30 % of the consignments received under
the two types of contract
(for one or more
marketing years); the checks shall cover the real link
with a contract, the delivery certificates referred to
in Article 10(2), the precise identification of the
means of transport used and compliance with the
minimum requirements laid down in the Annex.

— at

least 30 % of each finished product and by-

product obtained under contracts;

— at

least 30 % of each finished product and by-
product obtained otherwise than under contracts;

— at least 30 % of the transfers as provided for in

Article 3(3)(f).

L 328/36

EN

Official Journal of the European Communities

22. 12. 1999

The checks shall also verify that the following tally:

— observations made during checks conducted in earlier

(a) the invoices for the purchase and sale of finished prod-

ucts and by-products; and

(b) the quantities of products received by each processor,
finished products and byproducts
the quantities of
produced, the quantities of finished products and by-
products purchased, and the quantities of
finished
products and by-products sold or in stock.

At least twice a year, the Member States shall conduct
physical checks of stocks of products processed by the
processor and of stocks of processed products purchased
and shall carry out a reconciliation of
the data thus
obtained with those in the processor's records.

years;

— developments since the year before;

— the yield in juice,

— the relationship between the quantities delivered and

the estimated total harvest.

Member States may increase the frequency and percentage
of checks laid down in paragraphs 2 and 3.’

Article 2

4. Member States must programme their tally checks on
the basis of a risk analysis that considers, among other
things:

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

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

Done at Brussels, 21 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission