Commission Regulation (EC) No 531/2000 of 10 March 2000 amending Regulation (EC) No 2848/98 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, the production quotas and the specific aid to be granted to producer groups in the raw tobacco sector
Date: 2000-03-10
Institutions: European Commission
Subjects: agricultural guidance, common organisation of markets, producer organisation, production aid, production quota, tobacco

11.3.2000

EN

Official Journal of the European Communities

L 64/13

COMMISSION REGULATION (EC) No 531/2000

of 10 March 2000

amending Regulation (EC) No 2848/98 laying down detailed rules for the application of Council
Regulation (EEC) No 2075/92 as regards the premium scheme, the production quotas and the
specific aid to be granted to producer groups in the raw tobacco sector

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(5) and 11 thereof,

Whereas:

to that end, for those quantities to be allocated up to the
time limit for the conclusion of cultivation contracts.

Article 33(3) of
the same Regulation stipulates that
transfers of production quotas may not involve quant-
less than 100 kg. That provision should be
ities of
relaxed to allow tobacco producers whose quota for the
group of varieties in question is less than 100 kg to
transfer it in its entirety.

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

(4)

(5)

(1)

(2)

(3)

Articles 18(4) and 20(4) of Commission Regulation (EC)
No 2848/98 (3), as last amended by Regulation (EC) No
2637/1999 (4), stipulate that payments to producers and
to producer groups of the premium paid by the Member
State or by the first processor must be made by bank or
postal transfer to a single account. Application of that
provision is posing difficulties for producer groups
because the system does not allow for fund management
to be evenly spread throughout
the territory or for
operating loans
to be obtained from banks not
managing the premiums. Provision should therefore be
made for
the premiums to be paid into accounts
earmarked for premium payments and for the account
numbers to be communicated to the competent control
body.

Under Article 20 of
the above Regulation certain
Member States have, for a period of two years, been able
to make premium payments to producers via the inter-
the first processor without an advance
mediary of
payment facility. That situation has caused producers
cash flow problems since they are not paid until after
they have delivered their entire production. Those
producers should therefore be given the opportunity to
obtain advance payments via first processors under the
same conditions as those laid down in Article 19 for
producers receiving their premiums direct
from the
Member States.

the same Regulation states that

Article 29 of
the
national reserve may be made up, inter alia, of quotas
released by a linear reduction of up to 2 % of
the
quantities that have been permanently transferred. The
national reserve is to be allocated by the end of February
pursuant to Article 22(3) and that time limit does not
permit the use of quotas deriving from permanent trans-
fers for the same production year. Provision should
the permanently transferred
therefore be made for
quantities to be applied to the harvest in progress and,

(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 323, 15.12.1999, p. 8.

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 18, paragraph 4 is replaced by the following:

‘4.
Payment to producer groups of the amounts referred
to in paragraphs 1 and 2, and payment of the purchase
price to producers by first processors may be made only by
bank or postal transfer, to accounts earmarked for such
payments the numbers of which shall be communicated to
the competent control body and which, in the case of a
producer group, must be linked to payments to individual
producer group members.’

2. Article 19 is replaced by the following:

‘Article 19

1. Member States shall apply a system of advances on
premiums for producers in accordance with paragraphs 2
to 8.

2.
The advance referred to in paragraph 1 shall be paid,
on application by the producer or, for the 2000 harvest, the
first processor, on the basis of a statement of eligibility for
the advance, prepared by the competent control body.

3.
The following documents must accompany producers'
applications for an advance save where a Member State
provides otherwise on the grounds that they are already in
its possession:

(a) a copy of the cultivation contract concluded by the

producer issued in his name;

(b) a copy of the quota statement issued to the producer

and covered by the said cultivation contract;

(c) a written declaration from the producer concerned spec-
ifying the quantities of tobacco he is in a position to
deliver during the current harvest.

L 64/14

EN

Official Journal of the European Communities

11.3.2000

The statement referred to in paragraph 2 shall be
4.
issued by the control body once the documents referred to
in paragraph 3 are verified and the written declaration
supplied by the producer is substantiated.

Where a first processor is concerned, that statement shall be
issued on the basis of the cultivation contracts concluded by
him and of anticipated or effected deliveries.

5.
Payment of the advance, the maximum amount of
which shall be equal to the fixed part of the premium
payable, shall be subject to the lodging of a security equal to
the amount of the advance plus 15 %.

The advance shall be paid from 16 October of the year of
the 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 save where the application
is submitted before 16 September, in which case the period
shall be increased to 77 days.

6. Where the advance is granted to a producer group or
a first processor but has not been paid to the members or
producers entitled or reimbursed to the Member State
within 30 days of receipt, interest shall be payable on the
amount still available at a rate to be determined by the
Member State. The interest shall be calculated from the date
the advance was received, and booked to the European
Agricultural Guidance and Guarantee Fund (EAGGF).

The advance paid shall be detected from the amount
the premium payable under Article 18(1) or 20(1),

7.
of
starting from the first delivery made.

The security lodged shall be released on presentation of the
control certificate for the quantity of tobacco in question
and of proof
the amount corresponding to the
premium has been paid to the producers entitled thereto.
Member States shall establish any further conditions, partic-
ularly the tobacco delivery periods or the minimum quant-
ities for which a control certificate may be drawn up.

that

Once 50 % of the premium due has been paid, 50 % of the
security shall be released.

The security lodged shall be released when the entire
advance paid has been deducted from the premiums
payable.

8. Where (except in cases of force majeure) deliveries are
not made within the time limit laid down in Article 16(1)
which would enable full deduction of the advance paid from
the premiums payable, the security lodged shall be forfeited
at a rate equal to the amount of the advance not recovered.

9. Member States shall determine any further conditions
governing the grant of advances, and in particular the final
date for lodging applications. Producers may not lodge an
application for an advance once they have begun making
deliveries.’

3. In Article 20, paragraph 4 is replaced by the following:

‘4.
Payment of the amounts referred to in paragraph 1
may be made only by bank or postal transfer, to accounts
earmarked for such payments the numbers of which shall
be communicated to the competent control body and
which, in the case of a producer group, must be linked to
payments to individual producer group members.’

4. In Article 29(3) the following subparagraph is added:

‘Production quotas resulting from application of the first
indent of the second subparagraph of paragraph 2 may be
allocated up to the time limit for the conclusion of cultiva-
tion contracts.’

5. In Article 33, paragraph 3 is replaced by the following:

‘3.
Transfers of production quotas as referred to in para-
graph 1 may not involve quantities of less than 100 kg
except in the case of production quotas of less than 100 kg,
which are to be transferred in their entirety. However, trans-
fers of less than 100 kg must be notified to the Commis-
sion.’

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 with effect from the 2000 harvest.

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

Done at Brussels, 10 March 2000.

For the Commission

Franz FISCHLER

Member of the Commission