Commission Regulation (EC) No 1092/2001 of 30 May 2001 laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits
Date: 2001-05-30
Institutions: European Commission
Subjects: agro-industry, aid system, citrus fruit, producer organisation, production aid

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COMMISSION REGULATION (EC) No 1092/2001

of 30 May 2001

laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a
Community aid scheme for producers of certain citrus fruits

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

should also send the authorities the information required
to ensure that the scheme operates correctly.

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2202/96 of 28
October 1996 introducing a Community aid scheme for
certain producers of citrus fruits (1), as last amended by Regula-
tion (EC) No 2699/2000 (2) and in particular Articles 2(2), 3(4)
and 6 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 2202/96 establishes an aid scheme
for producer organisations that deliver for processing
certain citrus fruits harvested within the Community and
listed in Article 1 of that Regulation.

The marketing years and equivalent periods for citrus
fruits should be defined with a view to applying the
scheme uniformly.

The aid scheme for producers of certain citrus fruits is
based on contracts between producer organisations
recognised or granted preliminary recognition under
Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in
fruit and vegetables (3) as last amended by Commission
Regulation (EC) No 911/2001 (4), on the one hand, and
processors, on the other hand. Producer organisations
may also act as processors in certain circumstances. The
types and duration of contracts and the particulars to be
included therein should be specified for the purposes of
applying the aid scheme.

For each of the products referred to in Article 1 of
Regulation (EC) No 2202/96 contracts must be
concluded before a given date, so that the producer
organisations can establish their plans and guarantee
processors a steady supply. To ensure that the scheme is
as effective as possible, the parties to such contracts
should nevertheless be authorised to conclude amend-
ments adjusting the quantities originally stipulated
therein up to a given limit.

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 who wish to qualify under the scheme. The proces-
sors signing contracts with these producer organisations

(1) OJ L 297, 21.11.1996, p. 49.
(2) OJ L 311, 12.12.2000, p. 9.
(3) OJ L 297, 21.11.1996, p. 1.
(4) OJ L 129, 11.5.2001, p. 3.

(6)

(7)

(8)

(9)

(10)

There is a close link between the raw material delivered
for processing and the finished product obtained. The
raw material should therefore meet certain minimum
requirements.

Aid applications for each product must include all the
information needed to check their acceptability, given
the information contained in the contracts.

the aid scheme is properly
In order to ensure that
applied, producer organisations and processors must
forward appropriate information and keep suitable
documentation up to date and should,
in particular,
specify the areas under oranges, small citrus fruits,
lemons, grapefruit and pomelos, on the basis of Council
Regulation (EEC) No 3508/92 of 27 November 1992
establishing an integrated administration and control
system for certain Community aid schemes (5), as last
amended by Commission Regulation (EC) No 495/
2001 (6), 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 (7), as last
amended by Regulation (EC) No 2721/2000 (8), for the
purposes of all inspections and controls deemed neces-
sary.

the purposes of administering the aid scheme,
For
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
in particular by making false
breach the regulations,
declarations, by failing to observe the terms of
the
contract or by failing to process products delivered.

The measures provided for in this Regulation are to
replace those laid down in Commission Regulation (EC)
No 1196/97 of 26 June 1997 laying down detailed rules
for the application of Council Regulation (EC) No 2200/
96 as regards the system of production aid for products
processed from fruit and vegetables (9), as last amended
by Regulation (EC) No 2729/1999 (10). That Regulation
should therefore be repealed.

(5) OJ L 355, 5.12.1992, p. 1.
(6) OJ L 72, 14.3.2001, p. 6.
(7) OJ L 391, 31.12.1992, p. 36.
(8) OJ L 314, 14.12.2000, p. 8.
(9) OJ L 169, 27.6.1997, p. 15.
(10) OJ L 328, 22.12.1999, p. 35.

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(11)

The Management Committee for Fruit and Vegetables
has not delivered an opinion within the time limit set by
its Chairman,

— from 1 March of the previous marketing year to 28/29
February of the current year in the case of lemons.

HAS ADOPTED THIS REGULATION:

CHAPTER I

DEFINITIONS AND MARKETING YEARS

Article 1

For the purposes of this Regulation the following definitions
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 as
referred to in Article 4(1) of Regulation (EC) No 2202/96
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 Article 1 of Regulation (EC) No 2202/
1996.

Article 2

CHAPTER II

CONTRACTS

Article 3

1.
The contracts referred to in Article 2(1) of Regulation
(EC) No 2202/96 on which the aid scheme is based (hereinafter
referred to as ‘contracts’), shall be concluded in writing. They
shall be concluded separately for each of the basic products
listed in Article 1 of that Regulation and shall bear an identifi-
cation number. 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

also acts as a processor.

At any time and for each of the basic products listed in Article
1 of Regulation (EC) No 2202/96 a single one-year contract
and/or a single multiannual contract may be in force between a
producer organisation and a processor.

2.

Contracts shall cover:

(a) the entire marketing year in question in the case of a

one-year contract;

(b) at least three marketing years in the case of multiannual
contracts within the meaning of Article 3(2)(a) of Regula-
tion (EC) No 2202/96.

In the case of clementines,
concluded for the two possible uses:

separate contracts must be
juice or segments.

3.

Contracts must specify,

in particular:

The marketing years within the meaning of Article 6 of

1.
Regulation (EC) No 2202/96 shall run:

(a) the name and address of the contracting producer organ-

isation;

(a) from 1 October to 30 September in the case of:

(b) the name and address of the processor;

— sweet oranges,
— mandarins, clementines and satsumas,
— grapefruit and pomelos;

(c) the quantities of

to be delivered for
processing this quantity shall be broken down by
marketing year in the case of multiannual contracts;

raw materials

(b) from 1 June to 31 May in the case of lemons.

(d) the schedule of deliveries to processors;

Aid to producer organisations delivering mandarins,
2.
clementines and satsumas shall be granted solely on products
delivered to the processing industry in the period from 1
October to 30 June.

For a given marketing year,

the ‘equivalent period’
3.
referred to in Article 5(2) of Regulation (EC) No 2202/96 shall
run:

— from 1 July of the previous year to 30 June of the current

year in the case of oranges,

— from 1 October to 30 June of the current marketing year in

the case of mandarins, clementines and satsumas,

— from 1 July of the previous marketing year to 30 June of
the current year in the case of grapefruit and oranges,

(e) an undertaking by the processors to process the quantities

delivered under the contract in question;

(f) the price to be paid to the producer organisation for the
raw materials, which may vary by variety and/or quality
and/or three-month delivery period; this price shall be paid
only by bank or post office transfer.

The contract shall also indicate the delivery stage to which
that price applies and the payment terms. Any payment
deadline may not exceed 90 days from the date of delivery
of each consignment;

(g) the compensation payable should either party fail to fulfil
its contractual obligations, in particular as regards payment
deadlines and the obligation to deliver and accept
the
quantities covered by the contract.

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In the case of one-year contracts, the price referred to in
4.
paragraph 3(f) may be adjusted, with the agreement of both
parties, by the written amendments referred to in Article 5(2)
below and solely for the additional quantities fixed by these
amendments.

5. Multiannual contracts may cover both the production of
the members of the producer organisation signing the contract
and the production of members of other producer organ-
isations where the second and third indents of Article
11(1)(c)(3) of Regulation (EC) No 2200/96 apply.

6.
To qualify for the aid laid down in Table 2 of Annex I to
Regulation (EC) No 2202/96, quantities delivered under multi-
annual contracts must be at least 1 000 tonnes per contract,
product and marketing year.

7.
In the case of multiannual contracts, the price referred to
in paragraph 3(f) above for each marketing year shall be estab-
lished when the relevant contract is signed. However, the price
applicable to a given marketing year may be revised, with the
agreement of both parties, by written amendment
to the
contract before 1 July of the marketing year in question in the
case of lemons and before 1 November of the marketing year
in question in the case of the other products.

The Member States may adopt additional provisions
8.
covering contracts,
in particular as regards compensation
payable by processors or producer organisations that fail to
fulfil their contractual obligations.

Article 4

In the case of a commitment to supply within the meaning of
Article 3(1)(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 material;

(b) the estimated total harvest;

(c) the quantity intended for processing, broken down by type

of contract;

(d) the delivery schedule referred to in Article 3(3)(d);

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

This notification shall be sent to the competent authority by
the deadline laid down in Article 6.

3(3)(c) may be amended with the agreement of both parties by
one or two written amendments.

The total quantity laid down in the amendment(s) may not
exceed 40 % of the quantity initially laid down in the contract.
Where there are two amendments, they may not relate to more
than 20 % of the said initial quantity each. The amendments
shall include the identification number of the contract to which
they relate.

The quantities delivered by the new members referred to in
Article 8(5) shall be included in the amendments.

3.
In the case of multiannual contracts, the quantity initially
laid down for each year, within the meaning of Article 3(3)(c),
may be amended in writing with the agreement of both parties.
The amendment shall include the identification number of the
contract to which it relates. Amendments shall be concluded
before 1 July of the year in question in the case of lemons and
before 1 November of the year in question in the case of the
other products. The quantity to be delivered each year as laid
down in the amendment may not exceed 40 % of the quantity
initially laid down in the contract for the given year.

Article 6

Producer organisations signing contracts shall forward a
1.
copy of each contract and any amendments thereto to the
body designated by the Member State in which their head
office is situated and, if appropriate, to the body designated by
the Member State where processing is to take place. These
copies must reach the competent authorities no later than 10
working days after the conclusion of the contract or amend-
ment thereto and no less than five working days before the
start of deliveries.

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 Article 4(c) and Article 8(1)(c).

2.
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 1,
provided that such late arrival does not hinder their checks.

CHAPTER III

INFORMATION TO BE PROVIDED

Article 5

Article 7

1.

Contracts shall be concluded no later than:

(a) 1 November in the case of oranges, mandarins, clemen-

tines, satsumas, grapefruit and pomelos;

(b) 1 July in the case of lemons.

2.
In the case of one-year contracts, the quantity initially
laid down in the processing contract referred to in Article

1.
Producer organisations wishing to participate in the aid
scheme provided for in Article 3 of Regulation (EC) No 2202/
96 and processors wishing to sign contracts with those
producer organisations shall so inform the body designated by
the Member State in which their head office is situated and, if
appropriate, the body designated by the Member State where
processing takes place, no later than 30 days before the start of
the marketing year. They shall communicate at this time the
information needed by the Member State in question to

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manage and inspect the aid scheme. The information must
include the hourly extraction, pasteurisation and concentration
capacity of each processing plant. Member States may decide
that such information shall:

(a) be notified by new producer organisations only, or new
processors, if the necessary information for the others is
already available;

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

unlimited period.

2.
At least five working days before the start of deliveries or
processing each marketing year, producer organisations and
processors shall notify the competent authorities of the week in
which deliveries and processing are to commence. Producer
organisations
shall be deemed to have
discharged this obligation where they provide proof that they
have sent this information at least eight working days before
that deadline.

and processors

3.
In exceptional and duly justified cases, the Member States
may accept notifications from producer organisations and
processors after
the deadline laid down in paragraph 2.
However, no aid shall be granted in such cases 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.

Article 8

1.
The producer organisation signing the contracts shall
send the body designated by the Member State in which its
head office is situated the following information, 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) the producer organisation's average yields per hectare and
the average percentage of this quantity sent for processing
during the previous two marketing years.

2.
The information referred to in paragraph 1 shall be
provided by the producer organisations or individual producers
concerned to the producer organisation signing the contract,
which shall forward it to the body designated by the Member
State, where the producer organisation signing the contract:

(a) markets 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

To qualify for the aids, producer organisations and indi-
3.
vidual producers as referred to in paragraph 2 shall sign agree-
ments with the producer organisation signing the contract.

Such agreements shall cover all citrus fruit production delivered
for processing by the said producer organisations and indi-
vidual producers concerned and must specify at
the
following:

least

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

(b) the quantities to be delivered for processing, broken down
by producer and product and based on a delivery schedule
as referred to in Article 3(3)(d);

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

The Member States may adopt additional provisions covering
the agreements referred to in the first subparagraph, in partic-
ular as regards compensation payable by producer organ-
isations or individual producers failing to fulfil their contractual
obligations.

4.
The information referred to in paragraphs 1 and 2,
together with a copy of the agreements referred to in para-
graph 3 shall be sent to the body referred to in paragraph 1
within 30 days of the start of the marketing year in question.

5. Where a producer joins a producer organisation after the
dates referred to in paragraph 4, the information referred to in
paragraphs 1 and 2 and, where appropriate, the agreements
referred to in paragraph 3 which relate to this new member
shall be sent to the body referred to in paragraph 1 no later
than 30 days from the date on which his membership takes
effect.

For the purposes of Article 4(a) and paragraph 1(a) of this

6.
Article:

— the parcel identification system shall be that used for the
integrated system referred to in Article 4 of Regulation
(EEC) No 3508/92. The 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 parcels during on-the-spot checks as provided for in
Article 19(1)(a),

— the name and address of each producer may be replaced by
any other information required by national legislation to
allow the producer to be determined unequivocally to the
satisfaction of the competent authorities.

CHAPTER IV

RAW MATERIALS

Article 9

(b) passes on the benefit of

the aid scheme to individual
producers under Article 4(1) of Regulation (EC) No 2202/
96.

Products delivered by the producer organisations to the proces-
sors under a contract must satisfy the minimum requirements
laid down in the Annex hereto.

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Article 10

1.
No later than 18.00 on the preceding working day, the
producer organisation shall notify each delivery to the body
designated by the Member State where its head office is situ-
ated and, where applicable, to the body designated by the
Member State where processing is carried out. This notification
shall include the quantity to be delivered, a precise identifica-
tion of the means of transport used and the identification
number of the contract relating to the delivery in question. It
shall be sent electronically or via computer and the body to
which it is addressed shall keep a written record of it for at
least three years.

The competent body may ask for any additional information it
considers necessary for a physical check on the deliveries.

Should the data in the first subparagraph be amended after
they have been notified, the amended data must be notified in
the same way as
the initial notification, before delivery
commences. The initial notification may be amended only
once.

2.
A delivery certificate shall be issued for each product lot
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;

carried out, of the quantities delivered, by lot and by product.
Quantities delivered under contract shall be broken down by
contract and on the basis of the corresponding amount of aid.

The documents required under national law may be used
5.
for the purposes of this Article, provided they contain all the
information referred to paragraph 2.

Article 11

1.
For each quarter from the start of the marketing year, no
later than the tenth day of the following month processors
who conclude contracts with producer organisations shall send
the body designated by the Member State where the head office
of the producer organisation is situated and, where applicable,
the body designated by the Member State where processing is
the following information, broken down by
carried out,
product.

(a) the quantity of product received for each lot and for each
contract in question and the quantity of products received
outside these contracts;

(b) the quantities of

juice obtained, broken down by Brix
concentration, specifying the quantities obtained from lots
delivered under contract;

(c) the average weight of the yield in juice from the raw

materials and the Brix concentration of this juice;

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

consignment relates;

(d) the quantities of segments obtained, specifying the quant-

ities obtained from lots delivered under contract.

(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 the
Annex.

Delivery certificates shall be prepared in quadruplicate. They
shall be signed by the processor or its representative and by the
producer organisation or its representative. Signatures shall be
preceded by the handwritten words ‘Agreed by’. Each certificate
shall bear an identification number.

Processors and producer organisations shall both keep a copy
of delivery certificates. For inspection purposes, the producer
organisation shall send a copy to the bodies referred to in
paragraph 1 no later than the fifth working day after the week
of delivery.

3. Where all or part of a lot belongs to producers as referred
to in Article 8(2)(a) or (b), the contracting producer organ-
isation shall forward a copy of the certificate provided for in
paragraph 2 to each producer organisation and individual
producer concerned.

4.
For each quarter from the start of the marketing year, no
later than the tenth day of the following month the producer
organisation shall notify the body designated by the Member
State where its head office is situated and, where applicable, the
body designated by the Member State where processing is

The quantities shall be expressed as net weight.

The notifications shall be signed by the processor, who shall
certify their accuracy by doing so.

2. Within 45 days of completion of processing operations
for the marketing year, the processors shall notify the body
referred to in paragraph 1 of the following in respect of each
product:

(a) the quantities received, broken down by the resulting

finished product;

(b) the quantities received under contract, broken down by
delivery period and type of contract (one-year or multi-
annual);

(c) the quantities received, broken down by the resulting

finished product;

(d) the quantity of finished products obtained from each of the
quantities referred to in (a).
In the case of juice, these
quantities are to be broken down on the basis of their Brix
concentration;

(e) the quantity of finished products obtained from each of the
quantities referred to in (c).
In the case of juice, these
quantities are to be broken down on the basis of their Brix
concentration;

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(f) the quantities of each finished product in stock at the end
of the processing operations for that marketing year.

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

contract;

The quantities shall be expressed as net weight.

(d) the quantity delivered during the same period otherwise

than under contract, and its average selling price.

CHAPTER V

AID APPLICATIONS

Article 12

Producer organisations shall submit their aid applications,
1.
per product and per marketing year, to the body designated by
the Member State in which their head office is situated.

Such aid applications shall be submitted:

(a) for quantities accepted for processing during the first half

of the marketing year, no later than:

— 31 December in the case of lemons,

— 30 April

in the case of other products;

(b) for quantities accepted for processing during the second
half of the marketing year, with the exception of mandarins
and clementines, no later than:

— 30 June of the following marketing year in the case of

lemons,

— 31 October of the following marketing year in the case

of oranges, grapefruit and pomelos;

(c) in the case of mandarins and clementines accepted for
processing during the third quarter of the marketing year,
no later than 31 July.

2.
In exceptional and duly justified cases, the Member States
may accept aid applications after the deadlines laid down in
paragraph 1, provided that this does not have an adverse effect
on control of the production aid scheme.

3.
If aid applications are submitted after the deadlines laid
down in paragraph 1, the aid shall be reduced by 1 % per day
of delay. No aid shall be granted if the delay exceeds fifteen
days. These provisions shall not be applicable where paragraph
2 is applied.

2.
The aid shall be paid by the competent body in the
Member State in which the producer organisation signing the
contract has its head office as soon as that body has under-
taken the checks provided for in Article 19(1)(a) and checked
that the aid application tallies with the delivery certificates
referred to in Article 10(2) for the product in question.

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

Aid shall not be granted if
the proof referred to in the
preceding subparagraph is not provided, nor shall aid be
granted on quantities in respect of which the checks referred to
in the first subparagraph have not been conducted.

Article 14

The aid shall be paid to producer organisations:

(a) for quantities accepted for processing during the first half

of the marketing year, no later than:

— 28 or 29 February in the case of lemons,

— 30 June in the case of other products;

(b) for quantities accepted for processing during the second
half of the marketing year, with the exception of mandarins
and clementines, no later than:

— 31 August of the following marketing year in the case

of lemons,

— 31 December of the following marketing year in the

case of oranges, grapefruit and pomelos.

(c) in the case of mandarins and clementines accepted for
processing during the third quarter of the marketing year,
no later than 30 September.

In the case of clementines, separate aid applications must

4.
be prepared for the two possible uses:

juice or segments.

Article 15

Article 13

Each aid application as referred to in Article 12 must

1.
include the following information:

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

Within 15 working days following receipt of
the
producer organisation shall pay in full the amounts received,
by bank or postal transfer, to its members and, where applic-
able, to producers as referred to in Article 8(2)(a) and (b). In
cases covered by Article 3(1)(b), payment may be made by
opening a credit line.

the aid,

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

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 first subparagraph shall be paid on by those member
organisations to the producers within 15 working days.

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CHAPTER VI

(b) in the case of quantities delivered under one-year contracts:

CHECKS AND PENALTIES

Article 16

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;

(i) the lots delivered each day, and the identification

number of the contract to which they relate;

(ii) the net weight of each lot delivered and accepted for
processing, minus any reduction, and the identification
number of the relevant delivery certificate;

(iii) the total quantity delivered each day, broken down on

the basis of the applicable aid;

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

contract:

(i) the lots delivered each day, and the name and address

of the processor;

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

(ii) the net weight of each lot delivered and accepted for

gence;

processing.

(d) to verify the records provided for in Articles 17 and 18,
ensuring that they tally with the accounting required of
producer organisations and processors under national law;

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

19 during the appropriate periods.

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

(a) the findings of checks conducted in earlier years;

(b) developments since the year before;

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

(d) the ratio of the quantities delivered to the estimated total

harvest;

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

The risk analysis criteria shall be regularly updated.

Producer organisations and the producers referred to in
2.
Article 8(2) shall keep available for the national
inspection
authorities all the information needed for checking compliance
with this Regulation.

In the case of each basic product, that information must make
it possible to establish,
for each producer covered by a
contract, whether the areas, the total harvest, the total quant-
ities delivered to the producer organisation and the quantities
delivered for processing tally with the aid payments.

Producer organisations and the producers referred to in Article
8(2) shall submit to all inspections and checks deemed neces-
sary by the competent authorities and shall keep all additional
records required by those authorities for the purposes of the
checks deemed necessary.

3.
The Member States may decide what material or compu-
terised form the records provided for in paragraphs 1 and 2
shall take.

3. Where irregularities or anomalies are found, the Member
States shall increase the frequency and percentage of checks as
referred to in Article 19, having regard to the seriousness of the
findings.

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

Article 17

Article 18

1.
Producer organisations delivering products for processing
shall keep a record of each product delivered. These records
shall

include the following information:

1.
These records shall

Processors shall keep a record of each product purchased.

include the following information:

(a) in the case of quantities purchased from producer organ-

(a) in the case of quantities delivered under multiannual

isations under contract:

contracts:

(i) the lots delivered each day, and the identification

number of the contract to which they relate;

(ii) the net weight of each lot delivered and accepted for
processing, minus any reduction, and the identification
number of the relevant delivery certificate;

(i) the lots

received each day, and the identification

number of the contract to which they relate;

(ii) the net weight of each lot received and accepted for
processing, the identification number of the relevant
delivery certificate and the precise identification of the
means of transport used;

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(b) in the case of the other quantities purchased:

(a) physical checks shall be conducted on at least:

(i) the lots received each day, and the name and address of

— 5 % of the areas referred to in Articles 4 and 8(1) and

the seller;

(ii) the net weight of each lot received;

(c) the quantities of juice obtained each day, broken down by
Brix concentration, specifying the quantities obtained from
lots delivered under contract;

(2),

— 20 % of the quantities delivered for processing under
each contract, in order to check that they tally with the
delivery certificates referred to in Article 10(2) and
comply with the minimum quality requirements
referred to in Article 9;

(d) the quantities of segments obtained each day, specifyng the
quantities obtained from lots delivered under contract;

(b) administrative and accounting checks shall be conducted

on at least:

(e) the quantities and prices of finished products bought by the
processor each day, with the name and address of the seller
indicated. In the case of juice, these quantities shall be
broken down on the basis of their Brix concentration;

(f) the quantities and prices of each finished product leaving
the processor's premises each day, giving the name and
address of the consignee. In the case of juice, these quant-
ities shall be broken down on the basis of
their Brix
concentration; this information may be recorded by refer-
ence to supporting documents held elsewhere, provided
they contain the abovementioned particulars;

(g) the quantities of each finished product in stock at the end
of the marketing year. In the case of juice, these quantities
are to be broken down on the basis of their Brix concentra-
tion.

The quantities shall be expressed as net weight.

2.
Processors shall keep proof of payment for all raw mate-
rials purchased under contract or a written amendment thereto
for five years from the end of the processing year concerned.
Processors shall also keep proof of any purchases or sales of
processed juice for five years.

Processors shall update daily their juice and/or segment records
for each plant.

Processors shall submit

3.
inspections and checks
deemed necessary by the competent authorities and shall keep
all additional records required by those authorities for the
purposes of the checks deemed necessary.

to all

The Member States may decide what material or compu-
4.
terised form the records provided for in paragraphs 1 and 3
shall take.

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

— 5 % of producers covered by contracts,

in order to
check in particular that for each producer the areas, the
total harvest, the quantity delivered to the producer
organisation and the quantity delivered for processing
all tally with the aid payments provided for in Article
15,

— 10 % of the agreements referred to in Article 8(3);

(c) administrative and accounting checks shall be conducted to
the quantities of products delivered to the
verify that
producer organisation by the producers referred to in
Article 8(1) and (2), the quantities delivered for processing,
the delivery certificates referred to in Article 10, and the
quantities stated in the applications for aid all tally with the
aid paid under Article 15;

(d) administrative checks shall be conducted on all aid applica-

tions as referred to in Article 12.

2.
For
marketing year:

each processor, plant, product

received and

(a) physical checks shall be conducted on at least:

— 10 % of the finished products obtained,

in order to
verify the yield of raw material under contract and
otherwise;

(b) administrative and accounting checks shall be conducted

on at least:

— 5 % of the lots received under each type of contract
involve the real
(one-year or multiannual); they shall
link with a contract, the delivery certificates referred to
in Article 10(2), the precise identification of the means
of transport used and compliance with the minimum
requirements laid down in Article 9,

— 10 % of the price transfers referred to in Article 3(3)(f);

(c) physical and accounting checks shall be conducted on
stocks and, at least twice a year, shall cover all stocks of
finished products to ensure that they tally with the finished
products manufactured, purchased and sold.

Furthermore, tally checks shall be conducted to ensure that:

Article 19

(a) the purchase and sales invoices for juice tally; and

For each producer organisation,

1.
marketing year:

finished product and

(b) the quantities of raw materials received by the industry, the
juice

quantities of
purchased and the quantities of juice sold or in stock.

the quantities of

juice produced,

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Article 20

1. Where it is ascertained, for a given product, that the aid
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 benefi-
ciary shall pay back twice the difference, plus interest calculated
on the time elapsing between payment and reimbursement 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
on the date of
the undue payment, plus three percentage
points.

If the difference referred to in paragraph 1 is more than
2.
20 %, the beneficiary shall lose all 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
shall also be excluded from the aid scheme for the product
concerned for the following three marketing years.

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.

4.
The Member States shall take the necessary measures to
ensure that the provisions on aid payments are complied with,
in accordance with Article 15. They shall provide in particular
for penalties commensurate with the seriousness of any irregu-
larity to be imposed on the officers of the producer organ-
isation.

Except in cases of force majeure, if the quantity delivered
5.
of a product under a multiannual contract for a marketing year
is found to be less than the minimum quantity laid down in
Article 3(6), the corresponding aid shall be reduced by 50 % for
the marketing year in question. If the aid has already been paid,
the beneficiary shall pay back the difference between the aid
paid and the aid due, plus interest calculated in accordance
with paragraph 1.

Where three multiannual contracts or more at the same time
are affected by a failure to deliver the minimum quantity for a
marketing year, the producer organisation in question shall be
barred from signing further multiannual contracts from the
time such failure is noted. The Member State shall determine
the duration of such a bar, based on the seriousness of the
failure. The bar shall last for at least two marketing years. The
first subparagraph shall apply to every contract.

Except in cases of force majeure, if the quantities accepted
6.
for processing during a marketing year under each contract
referred to in Article 3(2)(a) and (b) are found to be less than
the quantities contracted for in respect of that marketing year,
including any amendments thereto, the corresponding aid shall
be reduced by:

— 20 %, if the discrepancy between the quantities accepted for
processing and the quantities contracted for is equal to or
more than 20 % but
the quantities
contracted for,

less than 30 % of

— 30 %, if the discrepancy between the quantities accepted for
processing and the quantities contracted for is equal to or
more than 30 % but
the quantities
contracted for,

less than 40 % of

— 40 %, if the discrepancy between the quantities accepted for
processing and the quantities contracted for is equal to or
more than 40 % but
the quantities
contracted for.

less than 50 % of

No aid shall be granted if the discrepancy between the quant-
ities accepted for processing and the quantities contracted for is
equal to or more than 50 % of the quantities contracted for.

If the aid has already been paid, the producer organisation shall
pay back the difference between the aid paid and the aid due,
plus interest calculated in accordance with paragraph 1.

In the case of multiannual contracts, where it is possible to
apply paragraphs 5 and 6 simultaneously, the higher penalty
shall be imposed.

7.
If it is found that a processing contract has been totally
or partially cancelled before its full term, the producer organ-
isation that signed the contract shall reimburse 40 % of the aid
received under that contract, plus interest calculated in accord-
ance with the second subparagraph of paragraph 1.

In addition,

in the case of multiannual contracts:

— a producer organisation that has cancelled all or part of
two contracts or more in the same marketing year may not
conclude any further multiannual contract under Regula-
tion (EC) No 2202/96 for three marketing years from the
date on which the competent body in the Member State
concerned becomes aware of the cancellation,

— except in the case of bankruptcy of the processor, failure to
deliver a product for one of the marketing years under
contract shall be considered a cancellation of the contract
in question.

If the area checks referred to in Article 19(1)(a) show a
8.
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 discrep-
ancy is clearly due to error:

— by the percentage of the discrepancy established,

if it is
more than 5 % but not more than 20 % of the area actually
determined,

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

determined.

The aid reduction thus calculated shall be halved where the
area declared is less than the area determined.

9. 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.

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Article 21

(b) the quantity of each product contracted for in the current
marketing year, broken down by type of contract:

1.
Except in cases of force majeure, where it is found that
the full quantity of a product accepted for processing under
contract has not been processed into one of the products listed
in Article 1 of Regulation (EC) No 2202/96, 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).

Furthermore, the processor shall not sign new contracts:

— 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 %.

In addition,

2.
the
the Member States
processor from the aid scheme provided for in Regulation (EC)
No 2202/96:

exclude

shall

— 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(3)(f),

— 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 take part in the processing scheme,
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 national and Community thresholds
shall be ascertained on the basis of the quantities delivered for
processing under Regulation (EC) No 2202/96 in each of the
Member States in question.

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

CHAPTER VII

NOTIFICATIONS TO THE COMMISSION

(i) no later than 15 August in the case of lemons;

(ii) no later than 15 December in the case of the other

products;

(c) the quantity of each product delivered for processing under
Regulation (EC) No 2202/96 in the periods referred to in
Article 2(3):

(i) no later than 1 April of the current marketing year in

the case of lemons;

(ii) no later than 1 August of the current marketing year in

the case of the other products.

In the case of clementines, this quantity shall be broken
down into products delivered for processing into segments
on the one hand and into juice on the other.

2.
No later than 1 January of the following marketing year,
each Member State concerned shall notify to the Commission:

(a) the quantities of each product received by the processors,

broken down by the resulting finished product;

(b) the quantities of each product received by the processors
under contract, broken down by type of contract (one-year
or multiannual);

(c) the quantities of each product received by the processors
under contract, broken down by the resulting finished
product;

(d) the quantity of finished products obtained from each of the
In the case of juice, these
quantities referred to in (a).
quantities shall be broken down on the basis of their Brix
concentration;

(e) the quantity of finished products obtained from each of the
quantities referred to in (c).
In the case of juice, these
quantities shall be broken down on the basis of their Brix
concentration;

(f) the quantities of each finished product in stock at the end
of the processing operations for that marketing year;

(g) the quantities of each product contracted for and delivered

by type of contract (one-year or multiannual);

(h) the quantities of each product delivered, broken down on

the basis of the corresponding amount of aid;

(i) the expenditure, expressed in national currency, on aid paid

to the producer organisations for each product.

Article 23

The quantities shall be expressed as net weight.

1.

Each Member State shall notify to the Commission:

(a) before the beginning of each marketing year, if it has had
recourse to Article 5(3) of Regulation (EC) No 2202/96 and
the quantities of each of the subthresholds concerned;

3.
No later than 1 January of the following marketing year,
a report on the checks made during the preceding marketing
year, specifying the number of checks and the results, broken
down by type of finding, shall be prepared for each product.

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CHAPTER VIII

Article 25

TRANSITIONAL AND FINAL PROVISIONS

Regulation (EEC) No 1169/97 is hereby repealed with effect
from the end of the 2000/01 marketing year for each of the
products concerned.

Article 24

Article 26

Notwithstanding Article 8(6), for the 2001/02 marketing year
parcel references shall be the cadastral references or any other
references recognised as equivalent by the inspection body.

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

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

Done at Brussels, 30 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

MINIMUM REQUIREMENTS REFERRED TO IN ARTICLE 9

Products delivered for processing must:

1. be whole, of sound, genuine and merchantable quality and suitable for processing. Products affected by rot are

excluded;

2. comply with the following minimum values:

(a) Products for processing into juice

Oranges

Mandarins

Clementines

Grapefruit and pomelos

Lemons

(1) Refractometric method.

(b) Products for processing into segments

Clementines

Satsumas

(1) Refractometric method.

Yield in juice

Degrees Brix (1)

30 %

23 %

25 %

22 %

20 %

10°

9°

10°

8°

7°

Yield in juice

Degrees Brix (1)

33 %

33 %

10°

10°

For processing into segments, clementines and satsumas must be at least 45 mm in size.