Proposal for a Council Regulation amending Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables, Regulation (EC) No 2201/96 on the common organisation of the market in processed fruit and vegetables and Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits
Date: 2000-07-12
Institutions: European Commission
Subjects: citrus fruit, export refund, fruit product, production aid, vegetable product

28.11.2000

EN

Official Journal of the European Communities

C 337 E/207

Proposal for a Council Regulation amending Regulation (EC) No 2200/96 on the common organi-
sation of the market in fruit and vegetables, Regulation (EC) No 2201/96 on the common organi-
sation of the market in processed fruit and vegetables and Regulation (EC) No 2202/96 introducing
a Community aid scheme for producers of certain citrus fruits

(2000/C 337 E/34)

COM(2000) 433 final (cid:15) 2000/0191(CNS)

(Submitted by the Commission on 13 July 2000)

THE COUNCIL OF THE EUROPEAN UNION,

procedure. Provision should therefore be made for the
possibility of holding such invitations to tender.

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

producer

(1) The third subparagraph of Article 15(5) of Regulation (EC)
No 2200/96 (1) caps the amount of Community financial
assistance granted to any individual producer organisation,
and also sets a limit on the total granted to all producer
organisations. The application of that limit introduces a
variable factor into the scheme, thus complicating the task
of
and
implementing operational programmes,
and creating
some uncertainty as to their financing. Experience has
limit may be dispensed with while
shown that
In
continuing to ensure proper financial management.
view of
for
the limit
the results of past programmes,
individual organisations can be set at 3 % of the value
the marketed production of each producer organi-
of
sation.

organisations

developing

this

in

that

(2) For citrus fruit, the divergence, due in particular to over-
running of the processing threshold, between Community
withdrawal compensation and Community processing aid
may in the future lead to unjustified diversion into with-
drawal of products
should properly have been
processed. To avoid this risk, the ceiling fixed in Articles
23 and 24 of Regulation (EC) No 2200/96 as a percentage
of marketed quantity on eligibility for the Community
withdrawal compensation should be reduced to 10 % for
the 2001/02 marketing year and to 5 % from the 2002/03
it
marketing year onwards. This amendment makes
possible to simplify the wording of Articles 23 and 26
of that Regulation.

(3) Experience has shown that the administration of export
refunds on fresh fruit and vegetables could be improved
and simplified, at least in some cases, by using a tender

this

rigidity,

processing

(4) Experience of applying the Community aid scheme for
by Regulation
(EC)
governed
tomato
No 2201/96 (2) has shown that
the quota mechanism
introduces rigidity in the sector, preventing the processing
industries concerned from adapting rapidly to market
demand. To correct
the quota system
should be replaced by a system of processing thresholds,
with aid for the following marketing year being reduced if
these
the
arrangements
single
sufficiently
Community threshold should be fixed, expressed in
fresh tomatoes intended for processing. To
tonnes of
the
allow for expanding demand for
threshold should be fixed above the level corresponding
to the present quota scheme.

are overrun. To ensure
flexible,
are

these products,

thresholds

that
a

(5) The quantities of tomatoes, peaches and pears going for
processing under the aid scheme governed by Regulation
(EC) No 2201/96 have developed differently from one
Member State to another. As a result, and to ensure that
operators in each Member State assume greater responsi-
bility, Community processing thresholds should be split
between the Member States on an equitable basis, and
any reduction in Community aid resulting from an
overrun of the Community threshold should apply only
in which the threshold is
in those Member States
exceeded. In this case, account must be taken of quantities
that have not been processed in the Member States where
the threshold was not overrun.

for

their

(6) At present, processing aid for tomatoes, peaches and pears
is granted under Regulation (EC) No 2201/96 to
processors who have paid producers
raw
materials a price not less than a certain minimum price.
Aid is fixed by unit of weight of the processed product.
The management of
this scheme should be simplified,
introducing more flexibility in trade relations between
producer organisations and processors and contributing
to the adjustment of supply to consumer demand at
reasonable prices. To this end, aid should be granted to
to
producer organisations that deliver
processors,
the
weight of raw materials irrespective of the weight of the
processed product, and the minimum price should be
discontinued.

fresh products
this aid should be fixed in terms of

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Regu-

(2) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Regu-

lation (EC) No 1257/1999 (OJ L 160, 26.6.1999, p. 80).

lation (EC) No 2701/1999 (OJ L 327, 21.12.1999, p. 5).

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(7) The amount of aid for processing tomatoes, peaches and
pears should be fixed on the basis of the aid granted in
the most
this
amendment to the scheme.

recent marketing

preceding

years

(8) As a result of this amendment to Title I of Regulation (EC)
No 2201/96, the provisions governing processing aid for
prunes derived from dried =d’Ente? plums and for dried figs
must be adapted, although without any change of
substance.

thresholds have been largely

(9) Article 5 of Regulation (EC) No 2202/96 (1) lays down
Community processing thresholds for lemons, oranges
and grapefruit separately, and for mandarins, clementines
and satsumas, hereinafter referred to as =small citrus fruit?,
this regime,
taken together. Since the introduction of
those
exceeded each
marketing year in the case of lemons and oranges, and
in the 1998/99 and 1999/2000
to a lesser extent
marketing years in the case of small citrus fruit. The
thresholds
for grapefruit have been complied with.
Under the rules, those overruns have resulted in major
reductions in processing aid. The continued existence of
such a situation could lead in future to products usually
intended for processing being diverted into withdrawals.
As a result, the thresholds for lemons, oranges and small
citrus fruit should be raised.

(10) The quantities

going

for processing have

responsibility,
should be

evolved
differently from one Member State to another. As a
result, and to ensure that operators in each Member
the Community
State
assume greater
split between the
processing thresholds
Member States on an equitable basis, and any reduction
the
in Community aid resulting from an overrun of
in those
Community
Member States in which the threshold is exceeded.
In
this case, account must be taken of quantities that have
not been processed in the Member States where the
threshold was not overrun.

threshold should apply only

(11) Changes in the numbering of the Annexes to Regulation
(EC) No 2202/96 require an amendment to the wording
of Article 3 of that Regulation.

(12) Since the measures necessary for the implementation of
Regulation (EC) No 2200/96 and Regulation (EC)
No 2201/96 are management measures within the
meaning of Article 2 of Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the
conferred on the
exercise of
Commission (2), they should be adopted by use of the
management procedure provided for in Article 4 of that
Decision.

implementing powers

(13) These amendments to Regulations (EC) Nos 2200/96,
2201/96 and 2202/96 should be applied from the
2001/02 marketing year. However, as the operational
funds
the
amendment to the third subparagraph of Article 15(5)
of Regulation (EC) No 2200/96 should apply from 2001,

are managed on a

calendar-year basis,

(1) OJ L 297, 21.11.1996, p. 49. Regulation amended by Regulation

(EC) No 858/1999 (OJ L 108, 27.4.1999, p. 8).

(2) OJ L 184, 17.7.1999, p. 23.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2200/96 is amended as follows:

1. The third subparagraph of Article 15(5) is replaced by the

following:

=However, the financial assistance shall be capped at 3 % of
the value of
the marketed production of each producer
organisation.?

2. Article 23(3), (4), (5) and (6) is replaced by the following:

the
=3. Where paragraph 1 is applied to any one of
products
the relevant
listed in Annex II which meet
standards, producer organisations and their associations
shall pay their producer members the Community with-
drawal compensation indicated in Annex V, up to a limit:

C for citrus fruit, of 5 %,

C for apples and pears, of 8,5 %, and

C for other products, of 10 %,

of the marketed quantity.

The limits set in the first subparagraph shall apply to the
marketed quantity of each product, as defined in accordance
with the procedure laid down in Article 46, of only the
members of
the producer organisation concerned, or of
another organisation where Article 11(1)(c) applies.

4.
The ceilings fixed in paragraph 3 shall apply from the
2002/03 marketing year. For the 2001/02 marketing year,
the ceilings shall be 10 % for citrus fruit, melons and water
melons, and 20 % for other products.

The second subparagraph of paragraph 3 shall apply to the
ceilings set in this paragraph.

The percentages in paragraphs 3 and 4 shall be annual
5.
averages over a three-year period, with a 3 % annual margin
of overrun.?

3. Article 24 is replaced by the following:

=Article 24

in this Regulation,

In connection with the products listed in Annex II, producer
organisations shall allow the benefits of Article 23 to
the collective
growers who are not members of any of
structures provided for
they so
request. However, the Community withdrawal compensation
shall be reduced by 10 %. In addition, the amount paid shall
take account, on scrutiny of the evidence, of the overall
withdrawal costs borne by the members. The compensation
may not be granted on a volume greater than that share of
the grower’s marketed production corresponding to the
percentages given in Article 23(3).?

if

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4. Article 26 is replaced by the following:

=Article 26

As soon as they have been signed, the contracts shall be
forwarded to the competent authorities in the Member
States.

The Community withdrawal compensation shall be a single
amount valid throughout the Community.?

5. The third subparagraph of Article 35(3) is replaced by the

following:

=Refunds shall be fixed in accordance with the procedure
laid down in Article 46. Refunds shall be fixed periodically
or by tender.?

The producer organisations shall extend the benefit of
3.
the provisions of this Article to operators not affiliated to
any of the collective structures provided for in Regulation
(EC) No 2200/96, who undertake to market through such
structures all their output of tomatoes, peaches and pears
for processing and who pay a contribution towards the
overall management costs of
this system borne by the
organisation.

6. Article 45 is repealed.

Article 4

7. Article 46 is replaced by the following:

=Article 46

1.
Aid shall be granted to producer organisations for the
quantities of raw materials supplied for processing under
the contracts referred to in Article 3.

The Commission shall be assisted by a committee, the
fresh fruit and vegetables,
the Member States and

1.
management committee for
composed of representatives of
chaired by the representative of the Commission.

2. Where reference is made to this paragraph,
the
management procedure laid down in Article 4 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
thereof.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be one month.?

Article 2

Regulation (EC) No 2201/96 is amended as follows:

1. Articles 2 to 6 are replaced by the following:

=Article 2

A Community aid scheme is hereby introduced to assist
producer organisations supplying tomatoes, peaches and
pears harvested in the Community for the production of
the processed products listed in Annex I.

Article 3

1.
The scheme referred to in Article 2 shall be based on
contracts between, on the one hand, producer organisations
recognised or provisionally authorised under Regulation
(EC) No 2200/96 and, on the other, processors approved
by the competent authorities in the Member States.

in the course of

However,
the 2001/02 marketing year,
contracts between processors and individual producers
shall also be eligible, for a quantity not exceeding 25 % of
the total quantity contracted for by any processor.

Contracts shall be concluded by a specific date, to be
2.
defined in accordance with the procedure laid down in
Article 29. In particular, they shall specify the quantities
they cover, the schedule of supply to the processor and
the price to be paid to the producer organisations, and
shall require the processor to process the products covered.

2.

The amount of aid shall be:

C EUR 29,84/tonne for tomatoes,

C EUR 47,7/tonne for peaches,

C EUR 161,7/tonne for pears.

3. Without prejudice to the application of Article 5, aid
shall be paid by the Member States to the producer organi-
sations upon request, as soon as the control authorities in
the Member State in which processing is carried out have
established that the products covered by the contracts have
been supplied to the processing industry. The amount of aid
received by the producer organisation shall be paid to its
members.

Article 5

For each of

1.
the products referred to in Article 2,
Community and national processing thresholds shall be
established as indicated in Annex II.

the aid fixed for

2. Whenever a Community processing threshold is
overrun,
in question in
accordance with Article 4(2) shall be reduced in all the
Member States in which the corresponding threshold has
been overrun.

the product

the purposes of applying the first

For
subparagraph,
threshold overruns shall be calculated by comparing the
threshold with the average quantity processed with aid
under
the three marketing years
preceding that for which aid must be set.

this Regulation over

However, to calculate the overrun of the thresholds fixed for
each Member State, any quantities still available below the
threshold of a Member State but not processed shall be
allocated to the other Member States,
in proportion to
their respective thresholds.

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The reduction in aid shall be proportional to the volume of
overrun relative to the relevant threshold.

3.
For tomatoes, the following arrangements shall apply
to the marketing years immediately following implemen-
tation of this Regulation:

Production aid shall be granted to processors who
2.
have paid producers for their raw materials a price not
less than the minimum price under contracts between, on
the one hand, producer organisations
recognised or
provisionally authorised under Regulation (EC) No 2200/96
and, on the other, processors.

(a) For the first marketing year:

C overrun of

the processing threshold shall be
calculated on the basis of the quantity supplied for
processing with aid during the year, and

C the aid fixed in Article 4(2) shall be reduced to
in the Member States
EUR 27,13/tonne. However,
where the threshold has not been overrun, or
where it has been overrun by less than 10 %, and
in all Member States concerned if the Community
threshold has not been overrun, a supplement shall
be paid after the end of the marketing year. The
supplement
the
actual overrun of the threshold concerned.

shall be fixed on the basis of

(b) For

the

second marketing year, overrun of

the
processing threshold shall be calculated on the basis of
the quantity supplied for processing with aid during the
first year.

(c) For the third marketing year, overrun of the processing
threshold shall be calculated on the basis of the average
quantity supplied for processing with aid during the first
and second years.

Article 6

1.
Detailed rules for the application of Articles 2 to 5,
and in particular rules governing approval of processors,
aid,
conclusion of processing contracts, payment of
control measures
years,
minimum characteristics of the raw material supplied for
processing, minimum quality requirements
finished
products and the financial consequences of overrunning
shall be adopted in accordance with the
thresholds,
procedure laid down in Article 29.

sanctions, marketing

and

for

Quality and quantity checks shall also be adopted in

2.
accordance with that procedure to verify:

in the course of

However,
the 2001/02 marketing year,
contracts between processors and individual producers
shall also be eligible, for a quantity not exceeding 25 % of
the quantity giving entitlement to production aid.

The producer organisations shall extend the benefit of the
provisions of this Article to operators not affiliated to any of
the collective structures provided for in Regulation (EC)
No 2200/96, who undertake to market
through such
structures all their output intended for the manufacture of
the products referred to in paragraph 1 and who pay a
contribution towards the overall management costs of this
system borne by the organisation.

Contracts must be signed before the start of the marketing
year.

Article 6b

The minimum price to be paid to producers shall be

1.
calculated on the basis of:

(a) the minimum price applying during the previous

marketing year;

(b) the movement of market prices

in the fruit and

vegetables sector;

(c) the need to ensure normal market disposal of basic fresh
products for the various uses, including supply to the
processing industry.

2. Minimum prices shall be fixed before the start of each
marketing year.

3. Minimum prices and detailed rules for the application
of
this Article shall be adopted in accordance with the
procedure laid down in Article 29.

C that the products supplied to processors by producer

organisations meet requirements, and

Article 6c

C that the products supplied have actually been processed

into products listed in Annex I.?

2. The following Articles are inserted after Article 6:

=Article 6a

1.

A production aid scheme shall be applied:

(a) to dried figs falling within CN code 0804 20 90,

(b) to prunes derived from dried Ed’EnteF plums falling

within CN code ex 0813 20 00,

obtained from fruit harvested in the Community.

1.
The production aid may not exceed the difference
between the minimum price paid to the producer in the
Community and the price of the raw material in the main
producing and exporting third countries.

The amount of production aid shall be so fixed as to
2.
enable the Community product to be disposed of, within
the limit set in paragraph 1.

To establish this amount, account
particular:

shall be taken in

(a) of the difference between the cost of the raw material in
the Community and that in the major competing third
countries;

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(b) of the amount of aid fixed for the previous marketing

year

and

(c) where Community output of a product accounts for a
substantial share of the market, movements in external
trade volumes and in the prices obtaining in such trade,
where the latter criterion results in a reduction in the
amount of the aid.

3.
The production aid shall be fixed in terms of the net
weight of the processed product. The coefficients expressing
the relationship between the weight of raw material used
and the net weight of the processed product shall be defined
on a standardised basis. They shall be regularly updated on
the basis of experience.

Production aid shall be granted to processors only for

4.
processed products which:

(a) have been produced from raw materials harvested in the
Community, for which the applicant has paid at least the
minimum price referred to in Article 6a(2);

(b) meet minimum quality requirements.

The price of the raw material in the main competing
5.
third countries shall be determined mainly on the basis of
the prices actually applying at the farm-gate stage for fresh
products of a comparable quality used for processing,
finished
weighted on the basis of
products exported by those third countries.

the quantities of

6. Where Community production accounts for at least
50 % of
the quantities of a product making up the
Community consumption market, movements in volumes
and prices of
imports and exports shall be assessed by
comparing the data for the calendar year preceding the
start of the marketing year with the data for the previous
calendar year.

fix the

amount of

The Commission shall

7.
the
production aid before the start of each marketing year, in
accordance with the procedure laid down in Article 29. The
coefficients referred to in paragraph 3, the minimum quality
requirements and the other detailed rules for the application
of this Article shall be adopted in accordance with the same
procedure.?

3. Article 28 is repealed.

4. Article 29 is replaced by the following:

=Article 29

1.
The Commission shall be assisted by a committee, the
management committee for processed fruit and vegetables,
composed of representatives of
the Member States and
chaired by the representative of the Commission.

2. Where reference is made to this paragraph,
the
management procedure laid down in Article 4 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
thereof.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be one month.?

5. Annex I is replaced by Annex I to this Regulation.

6. Annex III is replaced by the content of Annex II to this

Regulation.

Article 3

Regulation (EC) No 2202/96 is amended as follows:

1. Article 3 is replaced by the following:

=Article 3

Aid shall be granted to producer organisations for the
the contracts

1.
quantities delivered for processing under
referred to in Article 2.

2.

The amount of the aid is set out in Table 1 of Annex I.

However:

than one marketing year

(a) where the contract referred to in Article 2(1) covers
more
and a minimum
quantity of citrus fruit, to be determined in accordance
with the procedure laid down in Article 45 of Regu-
lation (EC) No 2200/96, the amount of the aid shall be
that indicated in Table 2 of Annex I;

(b) for quantities delivered under the provisions of Article 4,
the amount of the aid shall be that indicated in Table 3
of Annex I.

3. Without prejudice to the application of Article 5, the
aid shall be paid by the Member States to producer organi-
sations which apply therefor as soon as the inspecting auth-
orities of
the Member State in which processing is
undertaken have established that the products covered by
the contracts have been delivered to the processing industry.

The aid received by the producer organisations shall be paid
to their members.

4. Measures shall be adopted in accordance with the
procedure laid down in Article 45 of Regulation (EC)
No 2200/96 to ensure that the processing industry meets
its obligation to process the products delivered by the
producer organisations.?

2. Article 5 is replaced by the following:

=Article 5

Processing thresholds

shall be established for

1.
the
Community and for each producer Member State, on the
one hand for lemons, oranges and grapefruit separately and,
on the other hand, for mandarins, clementines and satsumas
taken together. The thresholds shall be as set out in Annex
II.

the aid fixed for

2. Whenever a Community processing threshold is
overrun,
in question in
accordance with Article 3(2) shall be reduced in all the
Member States in which the corresponding threshold has
been overrun.

the product

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the purposes of applying the first

subparagraph,
For
threshold overruns shall be calculated by comparing the
threshold with the average quantity processed with aid
under this Regulation over the three marketing years or
equivalent periods preceding the marketing year for which
the aid must be set.

However, to calculate the overrun of the thresholds fixed for
each Member State, any quantities still available below the
threshold of a Member State but not processed shall be
allocated to the other Member States,
in proportion to
their respective thresholds.

The reduction in aid shall be proportional to the volume of
overrun relative to the relevant threshold.?

3. The Annex becomes =Annex I?.

4. The content of Annex III to this Regulation is inserted after

Annex I.

Article 4

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

It shall apply to each product or group of products from the
2001/2002 marketing year. However, Article 1(1) shall apply
to operational funds from 2001.

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

ANNEX I

PROCESSED PRODUCTS REFERRED TO IN ARTICLE 2

CN Code

Description

ex 0710 80 70

Peeled tomatoes, whole or in pieces, frozen

ex 0712 90 30

Tomato flakes

2002 10 10

2002 10 90

Peeled tomatoes, whole or in pieces

Unpeeled tomatoes, whole or in pieces

ex 2002 90

Other (crush or pizza sauce)

ex 2002 90 11
ex 2002 90 19

ex 2002 90 31
ex 2002 90 39
ex 2002 90 91
ex 2002 90 99

ex 2008 40 51
ex 2008 40 59
ex 2008 40 71
ex 2008 40 79
ex 2008 40 91
ex 2008 40 99

ex 2008 70 61
ex 2008 70 69
ex 2008 70 71
ex 2008 70 79
ex 2008 70 92
ex 2008 70 94
ex 2008 70 99

ex 2008 92
ex 2008 99

2009 50

Tomato juice (including passata)

Tomato concentrate

Williams and Rocha pears in syrup and/or in natural fruit juice

Peaches in syrup and/or in natural fruit juice

Mixtures of fruit, whole or in pieces, in syrup and/or in natural fruit juice, containing
at least [60 %] peaches and pears

Tomato juice

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ANNEX II

.ANNEX III

PROCESSING THRESHOLDS REFERRED TO IN ARTICLE 5

Net weight of fresh product in tonnes

Tomatoes

Peaches

Pears

Community thresholds

l

s
d
o
h
s
e
r
h
t

l
a
n
o
i
t
a
N

Greece

Spain

France

Italy

Netherlands

Austria

Portugal

504 594

265 588

180 794

15 685

42 309

C

C

218

104 378

5 155

35 199

17 703

45 708

243

9

361?

7 519 888

1 185 986

1 113 272

329 322

3 970 498

C

C

920 810

ANNEX III

.ANNEX II

PROCESSING THRESHOLDS REFERRED TO IN ARTICLE 5

Net weight of fresh product

in tonnes

Oranges

Lemons

Grapefruit

Small citrus fruit

Community thresholds

1 307 900

488 400

l

s
d
o
h
s
e
r
h
t

l
a
n
o
i
t
a
N

Greece

Spain

France

Italy

Portugal

219 334

26 759

536 786

183 842

C

C

6 000

799

1 919

61

536 161

277 799

3 221

15 619

n.r.

n.r.

352 000

4 782

247 671

408

97 559

1 580?