Commission Regulation (EC) No 350/2002 of 25 February 2002 amending Regulation (EC) No 1092/2001 as regards in particular the marketing year for lemons sent for processing
Date: 2002-02-25
Institutions: European Commission
Subjects: agro-industry, aid system, citrus fruit, producer organisation, production aid

L 55/20

EN

Official Journal of the European Communities

26.2.2002

COMMISSION REGULATION (EC) No 350/2002

of 25 February 2002

amending Regulation (EC) No 1092/2001 as regards in particular the marketing year for lemons
sent for processing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
producers of certain citrus fruits (1), as last amended by
Commission Regulation (EC) No 1933/2001 (2), and in partic-
ular Article 6 thereof,

basis of the average quantities processed with aid during
the three equivalent periods preceding the marketing
year for which the aid must be fixed, extending from 1
April of one marketing year to 31 March of the next.

(6)

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

(5)

the production and processing of
In recent years
Community lemons has moved from late spring and
summer to autumn and winter as a result of changes in
the varieties planted by traders. The marketing year for
lemons laid down in Article 2 of Commission Regula-
tion (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 (3) should therefore
be amended, in order to adapt it to these new circum-
stances. The period covered by the marketing year
should be the same as that for other citrus fruits, from 1
October to 30 September of the following year.

This amendment to the marketing year entails changes
to other provisions of Regulation (EC) No 1092/2001,
in particular the equivalent period, the dates for signing
contracts and amendments thereto, the dates for submit-
ting aid applications and making aid payments, and the
dates on which notifications must be made.

To facilitate the transition between the old and new
marketing year,
should be
adopted to extend the 2001/02 marketing year to cover
the period 1 June to 30 September 2002.

transitional provisions

These transitional provisions concern, in particular, the
establishment of special amendments to contracts in
force in 2001/02 to extend them until 30 September
2002, the dates for submitting aid applications and the
granting of aid for the extension period, the amount of
aid and the notifications to the Commission.

The amendment of the date of the marketing year for
lemons makes it necessary to amend the equivalent
period. For the purposes of calculating the aid for the
2002/03 marketing year, any overrun of the threshold
for the 2001/02 marketing year is to be assessed on the

(1) OJ L 297, 21.11.1996, p. 49.
(2) OJ L 262, 2.10.2001, p. 6.
(3) OJ L 150, 6.6.2001, p. 6.

CHAPTER I

Amendments

Article 1

Regulation (EC) No 1092/2001 is hereby amended as follows:

1. Article 2 is amended as follows:

— paragraph 1 is replaced by the following:

‘1.
The marketing years within the meaning of Article
6 of Regulation (EC) No 2202/96, hereinafter referred to
as the “marketing years”, shall run from 1 October to 30
September for:

— sweet oranges,

— mandarins, clementines and satsumas,

— grapefruit and pomelos,

— lemons.’,

— paragraph 3 is replaced by the following:

‘3.
For a given marketing year, the “equivalent period”
referred to in Article 5(2) of Regulation (EC) No 2202/
96 shall run from 1 April of the previous marketing
year to 31 March of the current year.’

2. Article 3(7) is replaced by the following:

‘7.
In the case of multiannual contracts, the price referred
to in paragraph 3(f) 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 November of the marketing year in
question.’

3. Article 5 is amended as follows:

— paragraph 1 is replaced by the following:

Contracts shall be concluded no later than 1

‘1.
November of the marketing year in question.’,

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Official Journal of the European Communities

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— paragraph 3 is replaced by the following:

‘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
shall be concluded before 1
relates. Amendments
November of
in question. The
quantity to be delivered each year as laid down in the
the quantity
amendment may not exceed 40 % of
initially laid down in the contract for the given year.’

the marketing year

4. In Article 12(1), points (a) and (b) are replaced by the

following:

‘(a) for quantities accepted for processing during the first
half of the marketing year, no later than 30 April;

(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 October of
the following marketing year;’.

5. In Article 14(1), points (a) and (b) are replaced by the

following:

‘(a) for quantities accepted for processing during the first
half of the marketing year, no later than 30 June;

(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 December
of the following marketing year.’

6. In Article 23(1), points (b) and (c) are replaced by the

following:

‘(b) the quantity of each product contracted for in the
current marketing year, broken down by type of
contract, no later than 15 December;

(c) the quantity of each product delivered for processing
under Regulation (EC) No 2202/96 in the periods
referred to in Article 2(3), no later than 1 August of the
current marketing year.

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.’

CHAPTER II

Transitional provisions

Article 2

The 2001/02 marketing year

1.
shall be
extended to cover the period 1 June to 30 September 2002.

lemons

for

The following provisions shall apply during the extension

2.
period referred to in paragraph 1:

(a) Producer organisations and processors may sign special
amendments to multiannual contracts and contracts for a
specific marketing year
in force during the 2001/02
marketing year to fix the quantity and price of lemons to
be delivered to the processing industry during the extension
period provided for in paragraph 1. Each contract may be
extended by a single special amendment.

This amendment must specify:

— the identification number of the contract to which it

relates,

— the quantity of lemons to be delivered to the processing

industry,

— the price to be paid to the producer organisation for

the quantity referred to in the second indent.

These amendments shall be signed no later than 15 May
2002, and producer organisations signing such amend-
ments shall forward a copy of each amendment 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
27 May 2002.

Amendments to contracts for one marketing year may
include quantities delivered by individual producers who
have not previously concluded delivery agreements with a
producers' organisation in accordance with Article 8(3) of
Regulation (EC) No 1092/2001. In such cases, Article 8(1),
(2), (3) and (4) of that Regulation shall apply; the deadline
referred to in Article 8(4) of that Regulation is replaced by
10 May 2002.

(b) In the case of contracts for one marketing year,

the
quantity laid down in the special amendment referred to in
(a) may be amended with the agreement of both parties by
a second written amendment; the quantity provided for in
this second amendment may not cover more than 20 % of
the quantity fixed by the special amendment referred to in
(a). The price fixed for this additional quantity must appear
in this second amendment. It may differ from the price
fixed in the special amendment referred to in (a).

The quantities delivered by the new members who have
joined a producer organisation during the period laid down
in paragraph 1 shall be included in this second amend-
ment.

(c) The producer organisations and individual producers
referred to in Article 8(2) of Regulation (EC) No 1092/
2001 may sign special amendments to the agreements
provided for in Article 8(3) of that Regulation, for the
quantities to be delivered for processing during the exten-
sion period referred to in paragraph 1. These special
amendments shall be signed no later than 10 May 2002,
and a copy shall be sent by the producer organisation
signing the contract to the body designated by the Member
State in which their head office is situated no later than 27
May 2002.

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Official Journal of the European Communities

26.2.2002

The aid during the extension period referred to in para-
3.
graph 1 shall be the aid in force in the 2001/02 marketing
year, as laid down by Commission Regulation (EC) No 1033/
2001 (1).

Producer organisations shall submit their aid applications, for
the quantities accepted for processing during the extension
period provided for in paragraph 1, to the body designated by
the Member State in which their head office is situated no later
than 31 October 2002.

The aid shall be paid to producer organisations no later than
31 December 2002.

4.
Article 5(3) of Regulation (EC) No 1092/2001 shall not
apply to lemons during the extension period referred to in
paragraph 1.

Notwithstanding Articles 10(4) and 11(1) of Regulation
5.
(EC) No 1092/2001,
the notifications to be made by the
producer organisations and processors to the body designated
by the Member State where the head office of the producer
organisation is situated and, where applicable, the body desig-
nated by the Member State where processing is carried out,
shall be made for each month and no later than the 10th day
of the following month, during the extension period provided
for in paragraph 1.

Notwithstanding Article 23(1)(c) of Regulation (EC) No
6.
1092/2001, the notification to be sent by the Member States to
the Commission shall concern the quantity of lemons delivered
for processing under Regulation (EC) No 2202/96, during the
period from 1 April to 31 March. This notification must be
sent no later than 1 August 2002.

Article 3

Multiannual contracts for lemons shall be adapted, as regards
the marketing years after the entry into force of this Regula-
tion, to the new dates of the marketing year, by means of the
amendment referred to in Article 5(3) of Regulation (EC) No
1092/2001.

Entry into force and application

Article 4

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

However, Articles 1 and 3 shall apply from 1 October 2002.

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

Done at Brussels, 25 February 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 144, 30.5.2001, p. 19.