Commission Regulation (EC) No 983/2000 of 11 May 2000 amending Regulation (EC) No 20/98 laying down rules for the application of Council Regulation (EC) No 2200/96 as regards aid to producer organisations granted preliminary recognition
Date: 2000-05-11
Institutions: European Commission
Subjects: aid system, producer organisation, production aid

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Official Journal of the European Communities

12.5.2000

COMMISSION REGULATION (EC) No 983/2000

of 11 May 2000

amending Regulation (EC) No 20/98 laying down rules for the application of Council Regulation
(EC) No 2200/96 as regards aid to producer organisations granted preliminary recognition

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), as last amended by Regulation (EC) No
1257/1999 (2), and in particular Article 48 thereof,

Whereas:

down general provisions on the Structural Funds (7) and,
lastly, the Member States' obligation to verify compli-
ance with the conditions on the granting of the aid.

(4)

(5)

It should be made clear that this Regulation is to apply
to aid paid under recognition plans accepted from 1
January 2000 and to aid paid under recognition plans
accepted before 1 January 2000 for annual periods
starting from 1 January 2000.

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

(1)

(2)

(3)

Commission Regulation (EC) No 20/98 (3), as amended
by Regulation (EC) No 243/1999 (4), lays down rules on
aid to be paid to producer organisations granted prelimi-
nary recognition in accordance with Commission Regu-
lation (EC) No 478/97 of 14 March 1997 laying down
detailed rules for the application of Council Regulation
(EC) No 2200/96 as regards preliminary recognition of
producer organisations (5), as amended by Regulation
(EC) No 243/1999.

The way that aid is to be financed, as set out in Article
52 of Regulation (EC) No 2200/96, was amended with
effect on 1 January 2000 by Council Regulation (EC) No
1257/1999 of 17 May 1999 on support for rural devel-
opment from the European Agricultural Guidance and
Guarantee Fund (EAGGF) and amending and repealing
certain regulations. That aid is to be regarded in future
as intervention intended to stabilise the agricultural
market within the meaning of Article 1(2)(b) of Council
Regulation (EC) No 1258/1999 of 17 May 1999 on the
financing of the common agricultural policy (6).

Under the circumstances, Regulation (EC) No 20/98
should be amended to bring it into line with this new
situation. The amendments relate in particular to the
eligibility of aid for preliminary recognition under the
EAGGF Guidance Section,
the
submission of aid applications and for payment thereof,
the new descriptions of the regions qualifying for the
various percentages of funding in order to bring those
descriptions into line with those set out
in Council
Regulation (EC) No 1260/1999 of 21 June 1999 laying

the time limits

for

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ L 4, 8.1.1998, p. 40.
(4) OJ L 27, 2.2.1999, p. 8.
(5) OJ L 75, 15.3.1997, p. 4.
(6) OJ L 160, 26.6.1999, p. 103.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 20/98 is hereby amended as follows:

1. The third indent of Article 1(2)(d) is deleted.

2. Article 2(2)(d) is replaced by the following:

‘(d) be paid in annual instalments at the end of each annual
period for the implementation of the recognition plan.
To calculate the annual instalments, the Member States
may use as a basis the annual marketed production
corresponding to an annual period other than that in
respect of which the annual instalment is paid, where
checks so require. The period by which the annual
period used fails to coincide with the actual annual
period concerned must be less than 12 months.’

3. The second subparagraph of Article 3(1) is replaced by the

following:

‘Investments liable to distort competition where the other
economic activities of the organisation are concerned shall
be excluded.’

4. Article 5 is replaced by the following:

‘Article 5

Producer organisations shall each submit a single
1.
application for the aid referred to in Articles 2 and 3 within
three months of the end of each annual period as referred to
in Article 2(2)(d).

(7) OJ L 161, 26.6.1999, p. 1.

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All applications for aid shall be accompanied by a
2.
written declaration from the producer organisation to the
effect that the latter:

— 45 % in other regions.’

8. Article 11 is replaced by the following:

— complies and will comply with Regulations (EC) No
2200/96 and (EC) No 478/97 and this Regulation,

‘Article 11

— has not benefited, is not benefiting and will not benefit
either directly or indirectly from duplicate Community
or
for which
Community financing is granted pursuant to this Regu-
lation.

for measures

financing

national

Without prejudice to checks carried out in accordance with
Title VI of Regulation (EC) No 2200/96, Member States
shall carry out checks on producer organisations to verify
compliance with the conditions for the grant of aid as
referred to in Articles 2 and 3.’

9. Article 12 is replaced by the following:

3. Member States shall pay the aid within six months of
receipt of a full application.’

‘Article 12

5. Article 8 is replaced by the following:

‘Article 8

Expenditure incurred by Member States on aid as referred to
in Articles 2 and 3 shall qualify for assistance from the
EAGGF Guarantee Section.’

6. Article 9 is replaced by the following:

‘Article 9

The Community contribution towards aid as referred to in
Article 2 shall amount to:

— 75 % of eligible public expenditure on Objective 1 and 2
regions as referred to in Article 1 of Regulation (EC) No
1260/1999,

— 50 % of eligible public expenditure in other regions.’

7. Article 10 is replaced by the following:

‘Article 10

1.
The Community contribution towards aid as referred
to in Article 3, expressed in terms of capital-grant equiva-
lent, shall not exceed, as a percentage of eligible investment
costs as referred to in Article 3:

— 50 % in Objective 1 and 2 regions as referred to in

Article 1 of Regulation (EC) No 1260/1999,

— 30 % in other regions.

The Member States concerned must undertake to
least 5 % of eligible investment costs as

2.
contribute at
referred to in Article 3.

1. Where a check carried out under Article 11 shows
that:

— the value of marketed production is less than the
amount used for calculating aid as referred to in Article
2, or

— aid covered by this Regulation has not been used in
accordance with the regulations applicable or with the
approved recognition plan,

the beneficiary shall be required to reimburse double the
amount unduly paid, plus interest for the period between
payment and reimbursement.

The rate of interest shall be that applied by the European
Central Bank to its operations in euro, as published in the C
series of the Official Journal of the European Communities, in
force on the date of undue payment, plus three percentage
points.

2. Where the difference between the aid actually paid
and that due is more than 20 % of the latter, the beneficiary
shall be required to reimburse all the aid received, plus
interest as indicated in paragraph 1.

In the event of a false declaration made deliberately or
3.
as a result of serious negligence on a matter within the
the producer organisation
scope of
concerned shall be barred from receiving aid for
the
remaining duration of the recognition plan currently being
implemented.

this Regulation,

4.
Paragraphs 1, 2 and 3 shall apply without prejudice to
other penalties to be set as provided for in Article 48 of
Regulation (EC) No 2200/96.’

Article 2

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

Beneficiaries of aid towards eligible investment costs

3.
as referred to in Article 3 shall pay at least:

— 25 % in Objective 1 and 2 regions as referred to in

Article 1 of Regulation (EC) No 1260/1999,

It shall apply to aid paid in respect of recognition plans
accepted from 1 January 2000 and to aid paid in respect of
annual periods commencing after 1 January 2000 for recogni-
tion plans accepted before 1 January 2000.

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

Done at Brussels, 11 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission