Commission Regulation (EC) No 1249/2000 of 15 June 2000 amending Regulation (EC) No 2848/98 in the raw tobacco sector as regards the final date for using the specific aid, the repayment of unused amounts and detailed rules for the advance on the specific aid
Date: 2000-06-15
Institutions: European Commission
Subjects: EU aid, common organisation of markets, producer organisation, terms for aid, tobacco, use of aid

16.6.2000

EN

Official Journal of the European Communities

L 142/3

COMMISSION REGULATION (EC) No 1249/2000

of 15 June 2000

amending Regulation (EC) No 2848/98 in the raw tobacco sector as regards the final date for using
the specific aid, the repayment of unused amounts and detailed rules for the advance on the
specific aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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 7 thereof,

Whereas:

(1)

(2)

Article 40(2) of Commission Regulation (EC) No 2848/
98 of 22 December 1998 laying down detailed rules for
the application of 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 909/2000 (4), fixes 30 June of the year following that
of harvest as the final date by which the specific aid
must be used by producer groups. The specific aid is
paid on the basis of deliveries which may be made up to
30 April of the year following that of harvest and,
therefore, certain producer organisations have difficulties
using the specific aid in full within the following two
months and meeting the 30 June deadline. A longer
period should therefore be laid down for using the
specific aid. Moreover, to ensure that unused amounts
are paid back within the given deadlines, the Member
States should be obliged to recover any unused amounts
from producer organisations.

Article 42(1) of Regulation (EC) No 2848/98 allows the
Member States
to pay producer organisations an
advance on the specific aid on the basis of the quantities
of tobacco delivered to the processor. To allow an actual
advance to be granted, the application for an advance
should be based on the quantities of tobacco covered by
cultivation contracts rather than waiting for the deliv-
erey of the product, bearing in mind that the advance is
paid on condition that a security is lodged equal to
115 % of that advance. The advance should however be
limited to 50 % of those quantities.

(3)

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

(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 105, 3.5.2000, p. 18.

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

1. Article 40(2) is replaced by the following:

The specific aid may be used by producer groups up
‘2.
to 31 July of the year following that of harvest in the case
of groups of varieties VI, VII and VIII and up to 15 July of
the year following that of harvest in the case of the other
groups of varieties and for the following purposes only:

— the employment of technical staff to assist members in
improving the quality of their production and respect
for the environment,

— the supply to members of certified seeds and seedlings
and of other means of production in order to improve
product quality,

— environmental protection measures,

— the

implementation of

enhancing the value of products
members,

in particular tobacco-grading facilities,

infrastructure measures

for
supplied by the

— the employment of administrative staff to administer the
the group complies with

premium and ensure that
Community rules,

— the reimbursement of

the costs incurred in lodging

securities under Article 42.’

2. The following paragraph is added to Article 40:

‘2a.
Any amounts not used in full or in part in accord-
ance with paragraph 2 must be paid back to the Member
State and shall be deducted from the expenditure financed
under the European Agricultural Guidance and Guarantee
Fund.’

3. Article 42(1) is replaced by the following:

On application,

the Member State shall pay the
‘1.
producer group from the 16 October of the year of the
harvest an advance on the specific aid. The size of the
advance shall be established on the basis of a maximum of
50 % of the quantity of tobacco covered by cultivation
contracts concluded by the group at the time of the applica-
tion. The Member States shall
lay down the additional
conditions for payment of the advance.’

Article 2

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

L 142/4

EN

Official Journal of the European Communities

16.6.2000

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

Done at Brussels, 15 June 2000.

For the Commission

Franz FISCHLER

Member of the Commission