Commission Regulation (EC) No 449/2001 of 2 March 2001 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables
Date: 2001-03-02
Institutions: European Commission
Subjects: aid system, fruit product, producer organisation, production aid, vegetable product

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COMMISSION REGULATION (EC) No 449/2001

of 2 March 2001

laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid
scheme for products processed from fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

well as the producer organisations referred to in Article
13 of that Regulation.

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (1), as last amended by
Regulation (EC) No 2699/2000 (2), and in particular Article
1(3), Article 3(2), Article 6, Article 6b(3), Article 6c(7), Article
25, Article 26 and Article 27(1) thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 2201/96 introduced, on the one
hand, aid to producer organisations delivering tomatoes,
peaches and pears for processing into the products listed
in Annex I to that Regulation and, on the other hand,
aid to processors of prunes and figs. These products
must be obtained from fruit and vegetables harvested in
the Community.

To ensure that the scheme is applied uniformly, the
products listed in Article 6a(1) of Regulation (EC) No
2201/96 and in Annex I thereto, the marketing years
applicable to those products and the delivery periods for
the raw materials should be defined.

The new scheme must be able to operate from the
outset with a sufficient number of producer organ-
isations and, for the sake of consistency and by analogy
with Council Regulation (EC) No 2202/96 of 28
October 1996 introducing a Community aid scheme for
producers of certain citrus fruits (3), as last amended by
Regulation (EC) No 2699/2000,
the term ‘producer
organisations provisionally authorised’ appearing in the
first subparagraphs of Article 3(1) and Article 6a(2) of
include producer
Regulation (EC) No 2201/96 must
organisations which have been granted preliminary
recognition under Article 14 of Council Regulation (EC)
No 2200/96 of 28 October 1996 on the common
organisation of the market in fruit and vegetables (4), as
last amended by Regulation (EC) No 2826/2000 (5), as

(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 311, 12.12.2000, p. 9.
(3) OJ L 297, 21.11.1996, p. 49.
(4) OJ L 297, 21.11.1996, p. 1.
(5) OJ L 328, 23.12.2000, p. 2.

(4)

(5)

(6)

(7)

The production aid scheme is based on contracts
between producer organisations recognised or granted
preliminary recognition under Regulation (EC) No 2200/
96 or
individual producers during the 2001/02
marketing year, on the one hand, and processors, on the
other hand. Producers and producer organisations may
also act as processors in certain circumstances. The types
of contracts and the particulars to be included therein
should be specified for the purposes of applying the aid
scheme.

In order to improve the way the scheme operates, the
authorities should know of all producer organisations
marketing the production of their members, of members
of other producer organisations and of individual produ-
cers and wishing to qualify under the scheme. The
authorities should also know of the processors signing
contracts with such producer organisations; in addition,
such processors should send the authorities the informa-
tion necessary to ensure that
the scheme operates
tomatoes, peaches and pears
correctly. Processors of
must be approved before they may conclude contracts.

Contracts must be concluded by a given date in the case
of tomatoes, peaches and pears and before the beginning
of each marketing year in the case of the other products.
To ensure that the scheme is as effective as possible, the
parties to such contracts should nevertheless be author-
ised to increase the quantities originally stipulated
therein up to a given limit by means of amendments to
the contracts.

The number of aid applications to be submitted by
producer organisations and processors must be deter-
mined taking account of
the processing process.
Applications for aid must include all the information
needed for checking eligibility. To compensate for the
obligations imposed on producer organisations, provi-
sion should be made for the aid to be paid in advance,
on condition that a security is lodged to ensure reim-
bursement if the requirements for receiving the advance
payment are not complied with.

(8)

(9)

(10)

(11)

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the aid scheme is properly
In order to ensure that
applied, producer organisations and processors must
forward the necessary information and keep up-to-date
suitable documentation and should, in particular, specify
the areas under tomatoes, peaches and pears, on the
basis of Council Regulation (EEC) No 3508/92 of 27
November 1992 establishing an integrated administra-
tion and control system for certain Community aid
schemes (1), as last amended by Regulation (EC) No
1593/2000 (2), and Commission Regulation (EEC) No
3887/92 of 23 December 1992 laying down detailed
rules for applying the integrated administration and
control system for certain Community aid schemes (3),
as last amended by Regulation (EC) No 2721/2000 (4),
for the purposes of all inspections and controls deemed
necessary.

the system of quotas for processed tomato products (10),
as amended by Commission Regulation (EC) No 2807/
98 (11), should therefore be repealed.

(12)

transitional measures should be adopted,

To ensure a smooth switchover from the old to the new
scheme,
in
particular in the case of processors signing contracts
with individual producers during the 2001/02 marketing
year, as well as for the final date for signing contracts for
tomatoes and for applying the integrated system for
management of areas.

(13)

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

For
the purposes of administering the aid scheme,
procedures must be laid down for physical and docu-
mentary checks on delivery and processing operations,
checks must cover a sufficiently representative number
of aid applications and certain penalties must be laid
down for producer organisations and processors which
breach the regulations,
in particular by making false
declarations or failing to process products delivered.

The measures provided for in this Regulation are to
replace those laid down in Commission Regulation (EC)
No 504/97 of 19 March 1997 laying down detailed
rules for the application of Council Regulation (EC) No
2201/96 as regards the system of production aid for
products processed from fruit and vegetables (5), as last
amended by Regulation (EC) No 1607/1999 (6). That
Regulation should therefore be repealed.

Regulation (EC) No 2699/2000 abolishes the quota and
minimum price arrangements in particular in the case of
tomatoes. Commission Regulation (EEC) No 1709/84 of
19 June 1984 on minimum prices payable to producers
and amounts of production aid for certain processed
fruit and vegetables eligible for production aid (7), as last
amended
by Regulation (EC) No 1573/1999 (8),
Commission Regulation (EEC) No 2022/92 of 20 July
1992 on detailed rules of application for the minimum
price to be paid to producers for certain tomatoes deliv-
ered for processing and repealing Regulation (EEC) No
2036/91 (9) and Commission Regulation (EC) No 661/
97 of 16 April 1997 laying down detailed rules for the
application of Regulation (EC) No 2201/96 as regards

(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 182, 21.7.2000, p. 4.
(3) OJ L 391, 31.12.1992, p. 36.
(4) OJ L 314, 14.12.2000, p. 8.
(5) OJ L 78, 20.3.1997, p. 14.
(6) OJ L 190, 23.7.1999, p. 11.
(7) OJ L 162, 20.6.1984, p. 8.
(8) OJ L 187, 20.7.1999, p. 27.
(9) OJ L 207, 23.7.1992, p. 9.

HAS ADOPTED THIS REGULATION:

TITLE I

Definitions and marketing years

Article 1

For the purposes of this Regulation the following defini-

1.
tions shall apply:

(a) ‘producer organisations’ means producer organisations as
referred to in Articles 11 and 13 of Regulation (EC) No
2200/96 and producer organisations granted preliminary
recognition under Article 14 of that Regulation;

(b) ‘association of producer organisations’ means associations
as referred to in Article 16(3) of Regulation (EC) No 2200/
96;

(c) ‘individual producer’ means any natural or legal person not
belonging to a producer organisation and growing on their
holding raw material

intended for processing;

(d) ‘processor’ means a processing enterprise operating,

for
economic ends and on its own responsibility, one or more
plants with facilities for manufacturing one or more of the
products listed in paragraph 2(a) to (o) and, where applic-
able, approved in accordance with Article 3(1);

(e) ‘quantity’ means quantity expressed in net weight unless

otherwise indicated.

‘Products listed in Annex I to Regulation (EC) No 2201/

2.
96’ means the following products:

(10) OJ L 100, 17.4.1997, p. 41.
(11) OJ L 349, 24.12.1998, p. 34.

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fruit

(a) peaches in syrup and/or in natural

juice: whole
peaches or pieces of peaches, without peel, having under-
gone a heat
treatment, packed in hermetically sealed
containers with a covering liquid of sugar syrup or natural
juice and covered by CN codes ex 2008 70 61,
fruit
ex 2008 70 79,
ex 2008 70 69,
ex 2008 70 92, ex 2008 70 94 and ex 2008 70 99;

ex 2008 70 71,

(b) pears in syrup and/or in natural fruit juice: pears of the
Williams or Rocha varieties, whole or in pieces, without
peel, having undergone a heat
treatment, packed in
hermetically sealed containers with a covering liquid of
sugar syrup or natural fruit juice and covered by CN codes
2008 40 71,
ex 2008 40 51,
ex 2008 40 79, ex 2008 40 91 and ex 2008 40 99;

ex 2008 40 59,

(c) mixed fruit: mixtures of fruit, whole or in pieces, without
peel, having undergone a heat treatment, with a covering
liquid of sugar syrup or natural
fruit juice, packed in
hermetically sealed containers in which the drained net
weight of peaches and Williams and Rocha pears accounts
for at least 60 % of the total net drained weight, covered
by CN codes ex 2008 92 and ex 2008 99, and made
directly from fresh peaches and/or Williams and Rocha
pears during the periods indicated in Article 2(2)(b) and
(c);

(d) prunes: prunes obtained from dried plums of the prune
d'Ente variety which have been suitably treated or
processed and are packed in appropriate containers,
covered by CN code ex 0813 20 00 and ready to be
offered for human consumption;

(e) dried figs: dried figs, including fig paste, which have been
suitably treated or processed and are packed in appropriate
containers, covered by CN code ex 0804 20 90 and ready
to be offered for human consumption;

(f) whole peeled quick frozen tomatoes: peeled tomatoes of
the oblong varieties,
frozen, packed in appropriate
containers and covered by CN code ex 0710 80 70, where
not less than 90 % of the net weight of the tomatoes
consists of whole tomatoes not showing any damage
which
That
percentage shall be determined after the tomatoes have
been thawed;

substantially

appearance.

alters

their

(g) non-whole peeled quick frozen tomatoes: pieces of peeled
tomatoes of the oblong varieties, or round varieties which
are as easy to peel as the oblong varieties, frozen, packed
in appropriate containers and covered by CN code
ex 0710 80 70;

(h) whole peeled preserved tomatoes: peeled tomatoes of the
oblong varieties, having undergone a heat
treatment,
packed in hermetically sealed containers and covered by
CN code ex 2002 10 10, where not less than 65 % of the
weight of the drained tomatoes consists of whole tomatoes

which do not show damage which substantially alters their
appearance;

(i) non-whole peeled preserved tomatoes: peeled tomatoes in
pieces or partially crushed, of the oblong varieties, or
round varieties which are as easy to peel as the oblong
varieties, having undergone a heat treatment, packed in
hermetically sealed containers and covered by CN code
ex 2002 10 10. Where these products are to be used to
make the products indicated at point (o), they shall be
packed in appropriate containers;

(j) tomato flakes: flakes obtained by drying tomatoes cut into
slivers or small cubes, packed in appropriate containers
and covered by CN code ex 0712 90 30;

containers

(k) tomato juice: juice obtained directly from fresh tomatoes
and strained free from skins, pips and other coarse parts,
having a dry matter content, where applicable after
concentration, of less than 12 %, packed in hermetically
codes
sealed
ex 2002 90 11,
and
2009 50 90. Juice with a dry matter content of at least
7 % may however contain skin and pips constituting up to
4 % by weight of the product. Where these products are to
be used to make the products indicated at point (o), they
shall be packed in appropriate containers;

ex 2002 90 19,

2009 50 10

covered

and

CN

by

(l) tomato concentrate:

CN

the product obtained by concen-
trating tomato juice, packed in appropriate containers,
having a dry matter content of 12 % or more and covered
ex 2002 90 39,
by
ex 2002 90 91 and ex 2002 90 99. Concentrate having a
dry matter content of not more than 18 % or of between
18 % and 24 % may contain not more than 4 % or 7 %,
respectively, skin and pips by weight of product;

ex 2002 90 31,

codes

(m) whole unpeeled preserved tomatoes: whole unpeeled
tomatoes of the oblong or round varieties, having under-
treatment, packed in hermetically sealed
gone a heat
containers, lightly brined (tomatoes in brine) or in tomato
puree (tomatoes in puree or in juice), where not less than
65 % of the weight of the drained tomatoes consists of
whole tomatoes not showing any damage which substan-
tially alters their appearance, and covered by CN code
ex 2002 10 90. Where these products are to be used to
make the products indicated at point (o), they shall be
packed in appropriate containers;

tomatoes

(n) non-whole unpeeled preserved tomatoes:

in
pieces or partially crushed, of the oblong or round vari-
eties, having been slightly strained, whether or not slightly
concentrated, packed in hermetically sealed containers,
with a dry matter content of between 4,5 % and 14 %, and
covered by CN code ex 2002 10 90. Where these prod-
ucts are to be used to make the products indicated at point
(o), they shall be packed in appropriate containers;

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(o) prepared sauces: tomato-based preparations obtained by
mixing one of the products referred to at (i), (k), (l), (m) or
(n) above with other products of plant or animal origin
except fresh tomatoes, having undergone a heat treatment,
packed in hermetically sealed containers where the net
weight of the products referred to at (i), (k), (l), (m) or (n)
accounts for at least 60 % of the total net weight of the
prepared sauce. These products must be made during the
period indicated in Article 2(2) in the same establishment
as the products referred to at (i), (k), (l), (m) or (n) used;

(p) sugar syrup: a liquid in which water is combined with
sugars and which has a total sugar content determined
after homogenisation of not less than 14 % when used to
cover fruits in syrup;

(q) natural fruit juice: a covering liquid with a minimum of
10,5° Brix, consisting solely of
fermentable but unfer-
mented juice extracted mechanically from fruit, or of juice
obtained from concentrated fruit juice by the restoration
of the proportion of water extracted during concentration,
as defined in Council Directive 93/77/EEC (1), without
added sugar.

(a) 31 January for tomatoes;

(b) 31 May for peaches and pears.

TITLE II

Contracts

Article 3

Contracts as referred to in Articles 3 and 6a of Regulation
1.
(EC) No 2201/96 shall be concluded in writing. Contracts shall
bear an identification number.

Processors of tomatoes, peaches and pears wishing to partici-
pate in the-aid scheme shall submit an application for approval
to the body designated by the Member State before a date to be
determined by the latter. The Member States shall publish a list
of approved processors at least one month before the final date
for signature of contracts each year.

Article 2

The Member States shall
approval and notify them to the Commission.

lay down the requirements for

1.
The marketing years within the meaning of Article 1(3)
of Regulation (EC) No 2201/96 for the products listed in
Article 1(2) of this Regulation shall run:

(a) from 15 June to 14 June in the case of products processed
from tomatoes and products processed from peaches;

(b) from 15 July to 14 July in the case of products processed

from pears;

(c) from 1 August to 31 July in the case of dried figs;

2.

Contracts may take one of the following forms:

(a) a contract between a producer organisation or association

of producer organisations, and a processor;

(b) a commitment to supply, where the producer organisation

acts as a processor.

Only one contract may be signed between a producer organ-
isation and a processor.

(d) from 15 August to 14 August in the case of prunes.

In the case of tomatoes, peaches and, pears, contracts may be
concluded only with approved processors.

Aid shall be granted solely on products delivered to the

2.
processing industry in the following delivery periods:

3.

Each year, contracts shall be signed no later than:

(a) tomatoes: between 15 June and 15 November;

(b) peaches: between 15 June and 25 October;

(c) pears: between 15 July and 15 December;

(a) 15 February,

in the case of tomatoes;

(b) 15 July, and seven working days before deliveries are to

commence,

in the case of peaches;

(c) 31 July, and seven working days before deliveries are to

commence,

in the case of pears;

(d) dried plums obtained from plums of

the prune d'Ente

variety: between 15 August and 15 January;

(d) before the start of the marketing year, in the case of the

other products.

(e) dried figs: between 1 August and 15 June.

The Commission shall publish the amount of the aid,
3.
fixed in accordance with Article 6(1) of Regulation (EC) No
2201/96, before the beginning of each marketing year and no
later than:

(1) OJ L 244, 30.9.1993, p. 23.

The Member States may postpone the date fixed at point (a)
until 10 March.

Should the amount of the aid for tomatoes not have been
published in the Official Journal of the European Communities by
the date laid down in Article 2(3), the date fixed at point (a)
shall be postponed until the 15th day following the date of
actual publication.

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Should the minimum price to be paid to producers for plums
or dried figs not have been published in the Official Journal of
the European Communities by 15 days before the date provided
for at point (d), that date shall be postponed until the 15th day
following the date of actual publication.

4.

Contracts must specify,

in particular:

(a) the name and address of the producer organisation;

(b) the name and address of the processor;

(c) the quantities of

raw materials

to be delivered for

processing;

(d) the obligation on processors to process the quantities deliv-
ered under the contract concerned into one of the products
listed in Annex I to Regulation (EC) No 2201/96, which
must meet the standards laid down in accordance with
Article 8 of that Regulation;

(e) the price to be paid for the raw materials, which may vary

by variety and/or quality and/or delivery period.

In the case of tomatoes, peaches and pears, the contract
shall also indicate the delivery stage to which that price
applies and the payment terms. Any payment deadline may
not exceed 60 days from the date of delivery of each
consignment;

(f) the compensation payable should either party fail to fulfil
their contractual obligations,
regards
payment deadlines and the obligation to deliver and accept
the quantities covered by the contract.

in particular as

The Member States may adopt additional provisions
5.
covering contracts,
in particular as regards compensation
payable by processors or producer organisations that fail to
fulfil their contractual obligations.

6.
The parties may decide to increase the quantities origi-
nally stipulated in a processing contract by means of a written
amendment thereto.

Such amendments shall show the identification number of the
contract to which the relate, and shall be signed no later than:

— 15 August for peaches;

— 15 September for tomatoes and pears;

— 15 November for dried plums obtained from plums of the

prune d'Ente variety and dried figs.

Such amendments may increase the quantity originally stipu-
lated in the contract by no more than 30 %. However, until the
2003/04 marketing year, amendments to contracts for unpro-
cessed dried figs intended for the production of fig pastes may
be concluded no later than 31 May and may increase the
quantities originally stipulated in the contracts by no more
than 100 %.

The price of the additional quantity fixed in the amendment
may differ from the price referred to in paragraph 4(e).

In the case of prunes and figs, the price referred to in
7.
in particular, costs
paragraphs 4(e) and 6 shall not include,
connected with packing, loading, transport, unloading and the
payment of taxes, which shall, where applicable, be indicated
separately. The price shall not be lower than the minimum
price fixed under Article 6b of Regulation (EC) No 2201/96.

Article 4

In the case of a commitment to supply within the meaning of
Article 3(2)(b), contracts covering the production of
the
members of
the producer organisation concerned shall be
deemed to have been concluded after the following particulars
have been forwarded to the competent authority:

(a) the name and address of each producer and the reference
data and areas of the parcels on which each producer
cultivates the raw materials;

(b) the estimated total harvest;

(c) the quantity intended for processing;

(d) an undertaking by the producer organisation to process the
quantities delivered under the contract in question.

This information must be sent before 20 May in the case of
tomatoes and within the time laid down in Article 5(3) in the
case of the other products.

Article 5

In the case of tomatoes, peaches and pears, producer
1.
organisations signing contracts shall forward a copy of each
contract and any amendments thereto to the body designated
by the Member State in which their head office is situated.

The total quantity covered by all the contracts signed by a
given producer organisation may not exceed, per product, the
quantity intended for processing indicated by that producer
organisation under paragraph 5 of this Article and Article 4.

2.
Processors of prunes and dried figs shall forward a copy
of each contract and any amendments thereto to the body
designated by the Member State where processing takes place.

3.
Such copies must reach the competent authorities no
later than 10 working days after the conclusion of the contract
or amendment thereto and no less than five working days
before the start of deliveries.

4.
In exceptional and duly justified cases, the Member States
may accept contracts and amendments thereto that reach their
authorities after the time limit
laid down in paragraph 3,
provided that such late arrival does not hinder their checks.

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Producer organisations signing contracts for tomatoes,
5.
peaches or pears shall forward the following information to the
body referred to in paragraph 1, broken down by product:

(a) the name and address of each producer covered by the
contracts and the reference data and areas of the parcels on
which each producer cultivates the raw materials;

(b) the estimated total harvest;

(c) the quantity intended for processing;

(d) in the case of tomatoes, the average yields per hectare of
round and/or oblong tomatoes produced by the organ-
isation during the previous two marketing years.

This information shall be forwarded before 20 May in the case
of tomatoes and included in the notification referred to in
paragraph 1 in the case of peaches and pears.

6. Where producer organisations as referred to in para-
graph 5:

(a) market quantities intended for processing produced by
members of other producer organisations under the second
and third indents of Article 11(1)(c)(3) of Regulation (EC)
No 2200/96, and/or

(b) pass on the benefit of the aid scheme to individual produ-
cers under Articles 3(3) and 6a(2) of Regulation (EC) No
2201/96,

the information required in paragraph 5 shall be supplied to
the producer organisation signing the contract by the producer
organisations referred to in (a) and the individual producers
referred to in (b).

7.
Producer organisations and individual producers as
referred to in paragraph 6(a) and (b), respectively, shall sign
agreements with the producer organisations as referred to in
paragraph 5.

Such agreements shall cover all production of the product
concerned delivered for processing by the said producer organ-
isations and individual producers concerned and must specify
at least the following:

(a) the number of marketing years covered by the agreement;

(b) the quantities to be delivered for processing, broken down

by producer and by product;

(c) the consequences of failure to comply with the agreement.

A copy of the agreements shall be forwarded together with the
contracts.

Article 6

For the purposes of Article 4 in the case of tomatoes, peaches
and pears and Article 5(5), the parcel identification system shall
be that used for the integrated system referred to in Article 4 of

Regulation (EEC) No 3508/92. Areas are to be declared in
hectares to two decimal places. Article 6(7) of Regulation (EEC)
No 3887/92 shall apply for the purposes of determining the
area of plots during on-the-spot checks as provided for in
Article 18 of this Regulation.

Article 7

1. Without prejudice to cases covered by Article 3(2)(b),
where payment may be made by opening a credit, all payments
for raw materials:

(a) made by processors to producer organisations,

(b) made by producer organisations to their members and to

producers as referred to in Article 5(6),

(c) where the members of a producer organisation are them-
selves organisations with legal personality made up of
producers, made by such legal persons to producers,

shall be made by bank or postal transfer.

2.
Payments as referred to in paragraph 1(b) and (c) shall be
made within 15 working days and, in the case of prunes and
figs, shall cover the entire amount of the payment as referred
to in point (a).

TITLE III

Information to be provided

Article 8

1.
Processors and producer organisations wishing to partici-
pate in the aid scheme shall so inform the competent authori-
ties of the Member States by a date to be determined by those
authorities, giving all the information needed by the Member
State to administer and monitor the aid scheme. Member States
may decide that such information shall:

(a) be notified by new participants in the scheme only, where
they have already received the necessary information
concerning other participants;

(b) cover a single marketing year, several marketing years or an

unlimited period.

At least five working days before the start of deliveries or
2.
processing each marketing year, beneficiaries of
the aid,
whether producer organisations or processors, shall notify the
competent authorities of the week in which deliveries and
processing are to commence. Producer organisations and
processors shall be deemed to have discharged this obligation
where they provide proof that they have forwarded this infor-
mation at least eight working days before that time limit.

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In exceptional and duly justified cases, the Member States
3.
may accept notifications from producer organisations and
processors after the time limit
laid down in paragraph 2.
However, in such cases, no aid shall be granted to producer
organisations or processors for quantities already delivered or
in the course of delivery unless the checks needed to establish
eligibility for the aid can be conducted to the satisfaction of the
competent authorities.

4.
Processors wishing to manufacture mixed fruit and
prepared sauces as referred to in Article 1(2)(c) and (o) respec-
tively shall notify the competent authorities of the Member
State, before the beginning of
the
composition of the products to be made, specifying the net
weight of each component. This composition may not be
altered after the beginning of the marketing year.

the marketing year, of

required under (ii) above shall state separately the quantities
of products as referred to in Article 1(2)(c) and (o) obtained,
broken down according to the products used as referred to
in Article 1(2)(a), (b), (i), (k), (l), (m) and (n).

2. In the case of prunes and figs, no later than 15 May:

(a) the quantity of raw materials used at 1 May;

(b) the quantity of finished products obtained from the raw
materials referred to in point (a), broken down into
products on which aid is paid and products on which
aid is not paid and by quality class;

(c) the quantity of products as referred to in points (a) and

(b) in stock at 1 May.

Article 9

Each year processors shall notify the body designated by the
Member State of the following:

1.

in the case of tomatoes, peaches and pears no later than 1
February:

(i) the quantity of

raw materials processed into the
finished products listed in Article 1(2), broken down
by:

— quantities received under contract,

— quantities not covered by contracts;

(ii) the quantity of finished products obtained from each of

the quantities referred to in (i).

In the case of processed tomato products, the quantity
of finished products to be notified for each category of
raw material as referred to in (i) shall be broken down
into:

— tomato concentrate of a dry-matter content by
weight of 28 % or more but less than 30 %,

— whole peeled preserved tomatoes of

the oblong

varieties,

— other processed tomato products, shown separately.

The quantities of tomato juice and tomato concentrate
added to preserved tomatoes shall be included in the
quantities of the tomatoes, whether peeled or unpeeled;

(iii) the quantity of finished products in stock at the end of
the preceding marketing year, broken down, in the case
of processed tomato products, into products sold and
products unsold, on the one hand, and in accordance
with point (ii) on the other hand.

TITLE IV

Raw materials

Article 10

1. Without prejudice to any minimum quality criteria laid
down or to be laid down in accordance with the procedure
provided for in Article 46 of Regulation (EC) No 2200/96, raw
materials delivered to processors under processing contracts
shall be of sound and fair merchantable quality and suitable for
processing.

2. Where no minimum quality criteria have been laid down
in accordance with the procedure provided for in Article 46 of
Regulation (EC) No 2200/96, the Member States may lay down
minimum quality criteria for the raw materials, where appro-
priate in the context of an extension of an interbranch agree-
ment under Article 21 of that Regulation.

Article 11

1.
A delivery certificate shall be issued for each-consignment
of tomatoes, peaches and pears delivered under contract and
accepted for processing at the processing plant specifying:

(a) the date and time of unloading;

(b) the precise identification of the means of transport used;

(c) the identification number of the contract to which the

consignment relates;

(d) the gross weight and net weight;

(e) where applicable, the rate of reduction calculated on the
basis of the minimum quality criteria laid down in accord-
ance with Article 10.

These notifications shall state separately the quantities of
products as referred to in Article 1(2)(a), (b), (i), (k), (l), (m)
and (n) used to manufacture the products referred to in
the information
Article 1(2)(c) and (o). Notification of

Delivery certificates shall be signed by the processors or their
representatives and by the producer organisations or their
representatives. Each certificate shall bear an identification
number.

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Both processors and producer organisations shall keep a copy
of delivery certificates. The producer organisation shall also
forward a copy, no later
than the second working day
following the week of delivery, to the body designated by the
Member State where its head office is situated and, where
applicable, to the body designated, by the Member State where
processing is carried out, to facilitate checks.

The documents required under national law may be used for
the purposes of this Article, provided they contain all the
information referred to in this paragraph.

2. Where all or part of a consignment belongs to producers
as referred to in Article 5(6)(a) or (b), the producer organisation
shall forward a copy of the certificate provided for in para-
graph 1 to each producer organisation and individual producer
concerned.

TITLE V

Aid applications

Article 12

1.
In the case of tomatoes, peaches and pears, producer
organisations shall submit their aid applications to the body
designated by the Member State in which their head office is
situated.

Processors of prunes and figs shall submit aid applications to
the body designated by the Member State in which processing
is carried out.

2.
In the case of tomatoes, peaches and pears, only one aid
application may be submitted per marketing year. Applications
must
than the
reach the competent authorities no later
following dates of the marketing year concerned:

— 20 November for tomatoes,

— 31 January for peaches and pears.

The Member States may allow applications for advance
3.
payment of
the aid to be submitted until 30 September,
covering the total quantity of tomatoes, peaches and pears
delivered for processing up to 15 September.

In the case of prunes, processors shall submit three aid

4.
applications for each marketing year:

(a) the first for products processed up to 15 January;

(b) the second for products processed from 16 January to 30

April; and

(c) the third for products processed during the remainder of

the marketing year concerned.

concerned and applications as referred to in point (c) by 30
November of the following marketing year.

In the case of dried figs, processors shall submit three aid

5.
applications for each marketing year

(a) the first for products processed up to 30 November;

(b) the second for products processed from 1 December to the

end of February; and

(c) the third for products processed during the remainder of

the marketing year concerned.

Aid applications as referred to in points (a) and (b) shall be
submitted within 30 days of expiry of the processing period
concerned and applications as referred to in point (c) by 31
October of the following marketing year.

6.
In exceptional and duly justified cases, Member States
may accept aid applications after the deadlines laid down in
this Article, provided that this does not hinder checks relating
to the production aid scheme.

7.
If aid applications are submitted after the deadlines speci-
fied in paragraphs 2, 4 and 5, aid shall be reduced by 1 % per
day of delay. No aid shall be granted if the application is more
than 15 days late. These provisions shall not apply where
paragraph 6 applies.

Article 13

Aid applications for tomatoes, peaches and pears shall

1.
give at least the following information for each product:

(a) the name and address of the producer organisation;

(b) the quantity covered by the aid application. That quantity,
broken down by contract, may not exceed the quantity
accepted for processing, after deduction of any reduction
rates applied;

(c) the average selling price for the quantity delivered under

contract;

(d) the quantity delivered during the same period otherwise
than under contract; and the average selling price.

Aid applications for prunes and figs shall give at least the

2.
following information for each product:

(a) the name and address of the processor;

(b) the quantity of products covered by the aid application,
broken down by the different rates of aid applicable,
together with the quantity of products not covered by the
aid scheme obtained during the same period;

Aid applications as referred to in points (a) and (b) shall be
submitted within 30 days of expiry of the processing period

(c) the quantity of raw materials used, by contract, to obtain
each category of products as referred to in point (b);

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(d) a declaration by the processor to the effect that the finished
products comply with the quality standards laid down
under Article 8 of Regulation (EC) No 2201/96;

(e) copies of transfer orders as referred to in Article 7(1)(a). In
the case of commitments to supply, such copies may be
replaced by a declaration by the producer to the effect that
the processor has credited him with a price at least equal to
the minimum price. Such copies or declarations shall quote
the references of the relevant contracts.

Aid applications shall be admissible only if the minimum price
has been paid in full for all the raw materials used in the
finished product covered by the aid application.

3.
Applications for advance payment of aid as referred to in
Article 12(3) shall include the information specified in para-
graph 1(a) and (b).

The competent body of the Member State shall pay the amount
due between 16 and 31 October, after checking the application
in particular, the delivery certificates referred to in
against,
Article 11.

The aid shall be paid in advance provided a security equal to
110 % of the aid is lodged.

is found that

Where it
the advance payment applied for
exceeds the amount due, an amount equal to double the excess
shall be forfeit from the security.

Without prejudice to the fourth subparagraph, the security
shall be released when the competent authority pays the aid,
based on the application referred to in Article 12(2).

When an application for advance payment of
the aid is
submitted, the aid application referred to in Article 12(2) shall
cover the entire marketing year and the quantities referred to in
paragraph 1(b) and (d) shall be broken down, in addition, into
two periods, namely until 15 September and from 16
September.

Article 14

1.
Aid for tomatoes, peaches and pears shall be paid by the
competent body of the Member State in which the producer
organisation signing the contract has its head office, as soon as
that body has checked the aid application and established that
the products covered by that application have been delivered
and accepted for processing, on the basis, in particular, of the
checks provided for in Article 18(1)(i).

the
Within 15 working days following receipt of
producer organisation shall pay in full the amounts received,
by bank or postal transfer, to its members and, where applic-
able,
In cases
covered by Article 3(2)(b), payment may be made by opening a
credit.

to producers as referred to in Article 5(6).

the aid,

Where a producer organisation is wholly or partly made up of
members which are themselves organisations with legal
personality made up of producers, payments as provided for in
the third subparagraph shall be paid on by those member
organisations to the producers within 15 working days.

Aid for prunes and figs shall be paid by the competent
2.
body of the Member State in which the product is processed,
once that body has established that the requirements for grant
of the aid have been met.

Where processing takes place outside the Member State in
which the product was grown, that Member State shall furnish
proof to the Member State paying the aid that the minimum
price payable to the producer has been paid.

3.
No aid shall be granted on quantities in respect of which
the necessary checks on entitlement to the aid have not been
conducted.

4.
The aid shall be paid to producer organisations and
processors no later than 60 days after the date on which the
application is submitted.

TITLE VI

Checks and penalties

Article 15

1. Without prejudice to Title VI of Regulation (EC) No
2200/96, Member States shall take the necessary steps:

(a) to ensure that this Regulation is complied with;

(b) to prevent and prosecute irregularities and apply the penal-

ties provided for in this Regulation;

(c) to recover sums lost as a result of irregularities or negli-

gence;

(d) to verify the records provided for in Articles 16 and 17,
ensuring that they tally with the accounting required of
producer organisations and processors under national law;

Where processing takes place in another Member State, that
Member State shall provide the Member State where the
producer organisation signing the contract has its head office
with proof that the product has in fact been delivered and
accepted for processing.

(e) to carry out unannounced checks as referred to in Articles

18 and 19 during the appropriate periods;

(f) to carry out checks on areas sown to tomatoes as referred
to in Article 18(1) after sowing and before harvesting.

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The Member States must programme their tally checks on
2.
the basis of a risk analysis that considers, among other things:

(a) observations made during checks conducted in earlier

years;

(b) developments since the year before;

(c) the raw material yield by homogeneous production zone;

(d) the relationship between the quantities delivered and the

estimated total harvest;

The records or accounting documents required under
4.
national
law may be used for the purposes of this Article,
provided they contain all the information referred to in para-
graph 1.

Producer organisations shall submit
inspections and
checks deemed necessary by the Member State and shall keep
all additional records required by the Member State for the
purposes of the checks deemed necessary.

to all

(e) the yield of the raw material in terms of finished product.

Article 17

The risk analysis criteria shall be regularly updated.

Processors

1.
following:

shall keep records

showing at

least

the

3. Where irregularities or anomalies are found, the Member
States shall increase the frequency and percentage of checks as
referred to in Articles 18 and 19 having regard to the serious-
ness of the findings.

(a) in the case of quantities purchased under contracts:

(i) the consignments purchased and accepted into the
undertaking for processing each day, and the identifica-
tion number of the contract to which they relate,

Article 16

1.
Producer organisations shall keep records for each of the
products delivered for processing under Regulation (EC) No
2201/96, containing at least the following information:

(a) in the case of quantities delivered under contracts:

(i) the consignments delivered each day, and the identifica-
tion number of the contract to which they relate,

(ii) the quantity of each consignment delivered and, in the
case of
the quantity
tomatoes, peaches and pears,
accepted for processing, after deduction of any reduc-
tion, and the identification number of
the relevant
delivery certificate;

(b) in the case of quantities delivered otherwise than under

contract:

(i) the consignments delivered each day, and the identity

of the processor,

(ii) the quantity of

each consignment delivered and

accepted for processing.

Producer organisations

2.
the
national inspection authorities all the information needed for
checking that this Regulation is complied with.

shall keep available for

In the case of tomatoes, peaches and pears, that information
must make it possible to identify, for each producer covered by
a contract, the link between the areas, the quantities delivered,
the delivery certificates, and payment of the aid and prices.

3.
The Member States may decide what form the records
provided for in paragraphs 1 and 2 shall take and whether they
should be computerised.

(ii) the quantity of

accepted for
processing and the identification number of the rele-
vant delivery certificate;

each consignment

(b) in the case of quantities purchased otherwise than under

contract:

(i) the consignments received each day, and the name and

address of the seller,

(ii) the quantity of

each consignment

accepted for

processing;

(c) the quantities of each of the finished products listed in
Article 1(2) obtained each day, with the corresponding
quantities of
specifying the quantities
obtained from consignments accepted under contracts;

raw materials,

(d) the quantities and price of each finished product purchased
by the processor each day, giving the name and address of
the seller. This information may be recorded by reference
to supporting documents, provided the latter contain the
abovementioned particulars;

(e) the quantities and price of each finished product leaving
the processor's premises each day, giving the name and
the consignee. Such information may be
address of
recorded by reference to supporting documents, provided
the latter contain the abovementioned particulars.

In the case of prunes and figs, the information required in (c)
above must specify separately the quantity of finished product
on which aid is payable.

2.
Processors shall keep separate records for the products
referred to in Article 1(2)(a), (b), (i), (k), (l), (m) and (n) used to
manufacture mixed fruit and prepared sauces as referred to in
Article 1(2)(c) and (o), showing the following information, in
addition to that provided for in paragraph 1(a), (b), (c) and (d):

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(a) the quantities of mixed fruit and prepared sauces obtained
each day, broken down by product composition within the
meaning of Article 8(4);

(b) the quantities and prices of the mixed fruit and prepared
sauces leaving the processor's premises, by consignment,
with details of the consignee;

(c) the quantities and prices of the products referred to in
Article 1(2)(a), (b), (i), (k), (l), (m) and (n) purchased and
entering the establishment each day, with details of the
seller.

3.
Processors shall daily update their stock records for the
products referred to in paragraph 1(c), (d) and (e) and para-
graph 2(a), (b) and (c) for each factory.

4.
Processors shall keep proof of payment for all raw mate-
rials purchased under contracts and proof of payment for all
sales and purchases of finished products for five years as from
the end of the processing year concerned.

Processors shall submit

5.
inspections and checks
deemed necessary by the Member State and shall keep all
additional records required by it for the purpose of the checks
deemed necessary.

to all

The Member States may decide what form the records
6.
provided for in paragraphs 1 and 2 shall take and whether they
should be computerised.

The records or accounting documents required under
7.
national
law may be used for the purposes of this Article,
provided they contain all the information referred to in para-
graphs 1, 2 and 3.

Article 18

1.
For each producer organisation delivering tomatoes,
peaches and pears for processing, the following checks shall be
conducted for each product and marketing year:

(i) physical checks on at least:

— 5 % of areas as referred to in Articles 4 and 5(5),

— 5 % of quantities delivered for processing under each
contract,
in order to check that they tally with the
certificates referred to in Article 11 and comply with
the minimum quality requirements;

(ii) administrative and accounting checks on at least 5 % of
producers covered by contracts, in order to check that the
details for each producer, in particlular the areas, the total
harvest, the quantity marketed by the producer organ-
isation,
the quantity delivered for processing and the
quantity indicated in the delivery certificates, tally with the

prices paid as provided for in Article 7(1) and the aid paid
as provided for in Article 14(1);

(iii) administrative and accounting checks to verify that the
quantities of products delivered to the producer organ-
isation by producers as referred to in Article 5(5) and (6),
the quantities delivered for processing, the delivery certi-
ficates referred to in Article 11 and the quantities stated in
the aid application tally with the prices paid as provided
for in Article 7(1) and the aid paid as provided for in
Article 14(1);

(iv) administrative and accounting checks on at least 5 % of

agreements as referred to in Article 5(7);

(v) checks on all aid applications and supporting documents.

For processors of

2.
the
following checks shall be conducted for each factory, product
and marketing year:

tomatoes, peaches and pears,

(i) checks on at least 5 % of finished products, in order to
verify that processing has actually taken place and that the
applicable minimum quality standards have been complied
with;

(ii) administrative and accounting checks on at least 5 % of
finished products, in order to verify the yield of raw mate-
rials processed in terms of the finished product obtained
under contract and otherwise than under contract;

(iii) physical and accounting checks must be made on all
stocks of finished products present at least twice each year,
to ensure that they tally with the finished products manu-
factured, purchased and sold.

Article 19

For each producer organisation delivering dried plums
1.
and figs, administrative and accounting checks
shall be
conducted on at least 5 % of producers covered by contracts to
verify that the following tally:

— the

raw materials delivered by

each producer

for

processing, and

— the payments provided for in Article 7.

2.

For each factory, finished product and marketing year:

(a) unannounced physical checks shall be conducted on at
least 5 % of finished products eligible for production aid, to
verify that they comply with the minimum quality require-
ments applicable. Where the results of analysis of official
samples are at variance with the particulars entered in
processors'
the minimum
Community quality requirements have not been met, no
aid shall be paid for the processing operations concerned;

records, and indicate

that

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(b) administrative and accounting checks shall be conducted in

order to verify:

(i) that the quantities of raw materials used for processing
correspond to those indicated in the aid application,

(ii) that the price paid for the raw materials processed into
products as referred to in point (a) is at least equal to
the minimum price laid down,

(iii) transfer orders as referred to in Article 7.

Article 20

1. Where it is ascertained, for a given product, that the aid
for a product applied for in respect of any marketing year
exceeds the amount due, then that amount shall be reduced,
unless the difference is clearly due to error. The reduction shall
be equal to the difference. If the aid has already been paid, the
beneficiary shall pay back twice the difference, plus interest
calculated on the time elapsing between payment and reim-
bursement by the beneficiary.

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

2.
If the difference referred to in paragraph 1 is more than
20 %, the beneficiary shall lose entitlement to the aid and, if the
aid has already been paid, reimburse the total aid, plus interest
calculated in accordance with paragraph 1.

If the difference is more than 30 %, the producer organisation
or processor shall also forfeit any entitlement to aid for the
product concerned for the following three marketing years.

Amounts recovered and interest due shall be paid to the
3.
competent paying agency and deducted from expenditure
financed by the European Agricultural Guidance and Guarantee
Fund.

4.
The Member States shall take the necessary measures to
ensure that both aid and prices are paid in accordance with
Articles 7 and 14, respectively. They shall provide in particular
for penalties to be imposed on the officers of the producer
organisation commensurate with the seriousness of any irregu-
larity.

If the area checks referred to in Article 18(1)(i) show a
5.
discrepancy between the area declared and that actually deter-
mined, at the level of the total area checked, the aid payable to
the producer organisation shall be reduced, unless the differ-
ence is clearly due to error:

— by the percentage of the discrepancy established,

if it is
more than 5 % but no more than 20 % of the area deter-
mined;

— by 30 % if the discrepancy is more than 20 % of the area

determined.

6. Where a producer organisation commits a subsequent
irregularity, the Member State shall withdraw that organisa-
tion's recognition, or preliminary recognition in the case of a
producer group granted preliminary recognition.

Article 21

Except in cases of force majeure, where it is found that the
1.
full quantity of
tomatoes, peaches or pears accepted for
processing under contracts has not been processed into one of
the products listed in Article 1(2), the processor shall pay an
amount equal to twice the unit amount of the aid multiplied by
the quantity of the raw material concerned which has not been
processed, plus interest calculated in accordance with Article
20(1).

In addition, the processor's approval as provided for in Article
3(1) shall be suspended:

— for the marketing year following the finding, if the differ-
ence referred to in the first subparagraph is 10 % or less,

— for two marketing years following the finding, if the differ-

ence is more than 10 % but no more than 20 %,

— for three marketing years following the finding if the differ-

ence is more than 20 %.

For the purposes of applying the first and second subpara-
graphs, any quantities of finished products, in excess of a 5 %
tolerance, not complying with the minimum quality require-
ments shall be treated as quantities not processed.

In addition,

2.
shall provide that
the Member States
approval as provided for in Article 3(1) is to be withdrawn
from processors in the following cases:

— where the producer organisation makes false declarations

with the collaboration of the processor,

— where the processor fails to pay the price referred to in

Article 3(4)(e),

— where the processor fails to pay the penalties provided for

in paragraph 1.

The Member State shall decide on the length of time for which
the processor may not submit a new application for approval
having regard to the seriousness of the case.

3.
Amounts recovered and interest due shall be paid to the
competent paying agency and deducted from expenditure
financed by the European Agricultural Guidance and Guarantee
Fund.

Article 22

1.
Compliance with the Community and national thresholds
shall be established in each Member State concerned on the
basis of the quantities covered by aid applications, in the case
of tomatoes, and the quantities for which aid is paid, in the
case of peaches and pears.

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The Member States shall take the necessary measures to
2.
ensure reciprocal administrative cooperation with a view to
ensuring that this Regulation is properly applied.

TITLE VII

Notification to the Commission

Article 23

(f) the total quantity made of each of the products referred
to in Article 1(2)(c) and (o), broken down according to
the products referred to in (2)(a), (b), (i), (k), (l), (m) and
(n) of that Article used to make them;

4. no later than 1 June, a report on the checks made during
the current marketing year, specifying the number of checks
and the results, broken down by type of finding;

5.

in the case of tomatoes, the quantities covered by contracts,
no later than 60 days after the final date for the signing of
contracts.

Each Member State shall notify to the Commission:

1. before the beginning of each marketing year, if it has had
recourse to Article 5(4) Regulation (EC) No 2201/96 and
the quantities of each of the sub-thresholds concerned;

TITLE VIII

Transitional and final provisions

2. no later than 10 December, the following information:

Article 24

(a) the total quantity of tomatoes covered by aid applica-
tions, broken down, where applicable, by sub-threshold;

(b) the estimated quantity of unprocessed dried figs, dried
plums, peaches and pears intended for processing into
one of the products listed in Article 1(2);

1. Where contracts are concluded between individual produ-
cers and processors under the second subparagraph of Article
3(1) and the second subparagraph of Article 6a(2) of Regula-
tion (EC) No 2201/96, Articles 3 to 7, 10 to 15, 18 to 20 and
22 of this Regulation shall apply, mutatis mutandis, for the
2001/02 marketing year.

3. no later than 1 March in the case of tomatoes, 15 April in
the case of peaches and pears and 1 June in the case of
prunes and dried figs, the following information, broken
down by products under contract and not under contract:

The Member States shall

take the necessary steps to
2.
ensure that the second subparagraph of Article 3(1) and the
second subparagraph of Article 6a(2) of Regulation (EC) No
2201/96 are complied with.

(a) the quantity of finished products as listed in Article

1(2)(a) to (o);

(b) the quantity of raw materials used to manufacture each

of the products referred to in point (a);

(c) the quantity of products as referred to in point (a) in
stock at the end of the previous marketing year in the
case of products processed from tomatoes, peaches and
pears, broken down into products sold and products
unsold in the case of tomatoes, and at 1 May in the case
of prunes and dried figs;

(d) in the case of tomatoes:

— the total area in hectares planted during the

marketing year,

— the average yield, expressed in tonnes per hectare,

for the marketing year,

— the area and yield, broken down into oblong vari-

eties and round varieties,

— the average soluble dry matter content of the toma-

toes used to make tomato concentrate;

(e) the information required under points (a) to (c) must
include the quantities of the products referred to in
Article 1(2)(a), (b), (i), (k), (l), (m) and (n) used to make
products as referred to in (2)(c) and (o) of that Article;

3.

In the case of tomatoes, for the 2001/02 marketing year:

— processors having participated in the aid scheme during the
2000/01 marketing year and new processors starting their
activity shall be deemed to be approved, unless the Member
State decides otherwise,

— notwithstanding Article 6, the reference data of parcels
shall be the cadastral reference data or any other references
recognised as equivalent by the inspection body,

— notwithstanding Article 3(3),

the final date for signing

contracts shall be 31 March 2001.

In the case of peaches and pears, notwithstanding Article
4.
6, until 1 January 2003 the reference data of parcels shall be
the cadastral reference data or any other references recognised
as equivalent by the inspection body.

Article 25

Regulations (EEC) No 1709/84, (EC) No 504/97 and (EC) No
661/97 shall be repealed with effect from the end of the
2000/01 marketing year for each of the products concerned.

Regulation (EEC) No 2022/92 is hereby repealed.

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

Article 26

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

Done at Brussels, 2 March 2001.

For the Commission

Franz FISCHLER

Member of the Commission