Commission Regulation (EC) No 909/2000 of 2 May 2000 amending Regulation (EC) No 2848/98 as regards the allocation of additional production quota statements, the transfer of quotas, and Annex V setting out the rules for calculating the variable part of the premium for raw tobacco
Date: 2000-05-02
Institutions: European Commission
Subjects: common organisation of markets, guarantee threshold, producer organisation, production aid, production quota, tobacco

L 105/18

EN

Official Journal of the European Communities

3.5.2000

COMMISSION REGULATION (EC) No 909/2000

of 2 May 2000

amending Regulation (EC) No 2848/98 as regards the allocation of additional production quota
statements, the transfer of quotas, and Annex V setting out the rules for calculating the variable
part of the premium for raw tobacco

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

efficacy as an incentive for
Member States
minimum price by more than 40 %.

the
should be allowed to increase the

improving quality,

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 Article 4a, Article 7, Article 9(5),
Article 11 and Article 17(5) thereof,

(4)

(5)

In view of the amendments to Commission Regulation
(EEC) No 3887/92 (5) introduced by Regulation (EC) No
2801/1999 (6), Article 43 of Regulation (EC) No 2848/
98 should be adapted.

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

Whereas:

(1)

(2)

(3)

threshold in respect of

Article 10(2) of Regulation (EEC) No 2075/92 allows
producers to deliver excess production amounting to up
to 10 % of
their quotas. Such a possibility may be
severely restricted in the case of groups of varieties for
the
which the guarantee
following year is to be reduced. In order to ensure that
the production quota system is applied with sufficient
flexibility, in particular in the case of groups of varieties
where a switch in crop is called for, it should be possible
to draw in advance on unused quantities available in the
national reserve in respect of the same harvest, notwith-
standing the deadlines for the issuing of production
quota
cultivation
for
contracts laid down respectively in Articles 22(3) and
10(1) of Commission Regulation (EC) No 2848/98 (3), as
last amended by Regulation (EC) No 531/2000 (4).

concluding

statements

and

Transfers of quotas must allow switches of crop to be
made in line with market requirements for the various
groups of varieties. Transfers must not affect quotas'
economic viability and must therefore not involve any
breakdown of quantities.

Point C of Annex V to Regulation (EC) No 2848/98
provides that producers are to receive nothing by way of
the variable part of the premium on batches fetching
between the minimum price and the minimum price
plus 40 % for each group of varieties of the producer
group. In order to prevent very low prices, albeit paid
on very small quantities, from undermining the effective-
ness of the variable premium system and impairing its

(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 64, 11.3.2000, p. 13.

HAS ADOPTED THIS REGULATION:

Article 1

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

1. the following paragraph is added to Article 29:

‘4. Where there is provision for a reduction in the
threshold guarantee for a group of varieties in respect of the
following harvest, the Commission may, in accordance with
the procedure laid down in Article 23 of Regulation (EEC)
No 2075/92, authorise interested Member States to bring
forward the allocation of quantities of up to 10 % of the
guarantee threshold for the same group of varieties and that
are available in the national reserve for the group of vari-
eties concerned pursuant to the second indent of the second
subparagraph of paragraph 2.

Those quantities shall be allocated by the Member States, in
accordance with the criteria applying for the allocation of
the national reserve, in the form of additional production
quotas for the same harvest as that during which those
quantities remained unused.’;

2. Article 33(1)(b) is replaced by the following:

‘(b) the transferee already has a production quota for the
group of varieties in question. The competent authority
of the Member State may restrict that condition to cases
where the transfer relates solely to part of the quantities
entered in the production quota statement;’

(5) OJ L 391, 31.12.1992, p. 36.
(6) OJ L 340, 31.12.1999, p. 29.

3.5.2000

EN

Official Journal of the European Communities

L 105/19

3. the third and fourth indents of Article 43 are replaced by the following:

‘— Article 7a for the inspection report,

— Article 7b for the on-the-spot check,’;

4.

in the last paragraph of point C of Annex V,

‘for the 1999 harvest’

is deleted.

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

Article 2

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

Done at Brussels, 2 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission