Commission Regulation (EC) No 1005/2002 of 12 June 2002 amending Regulation (EC) No 2848/98 as regards the recognition of producer groups, the auction scheme, the national reserve and transfer agreements in the raw tobacco sector
Date: 2002-06-12
Institutions: European Commission
Subjects: agricultural guidance, producer organisation, production aid, production quota, tobacco

13.6.2002

EN

Official Journal of the European Communities

L 153/3

COMMISSION REGULATION (EC) No 1005/2002

of 12 June 2002

amending Regulation (EC) No 2848/98 as regards the recognition of producer groups, the auction
scheme, the national reserve and transfer agreements in the raw tobacco sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(4)

(5)

Regulation (EC) No 2848/98 should be amended accord-
ingly.

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

Having regard to Council Regulation (EEC) No 2075/92 of 30
June 1992 on the common organisation of the market in raw
tobacco (1), as last amended by Regulation (EC) No 546/
2002 (2), and in particular Article 7, Article 9(5), Article 11 and
Article 14a thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

Article 3 of Commission Regulation (EC) No 2848/98 of
22 December 1998 laying down detailed rules for the
application of Council Regulation (EEC) No 2075/92 as
regards the premium scheme, production quotas and the
specific aid to be granted to producer groups in the raw
tobacco sector (3), as last amended by Regulation (EC) No
486/2002 (4), lays down the conditions for the recogni-
tion of producer groups. In island areas where only a
very small amount of tobacco is produced and in isolated
production areas where tobacco production is in decline
the minimum thresholds required in Annex I to Regula-
the establishment of a
tion (EC) No 2848/98 for
producer group may not be achieved in certain cases. An
alternative criterion should therefore be introduced for
island areas and the minimum percentage required for
the recognition of producer groups should be reduced so
that the producers in question may have access to the
variable part of the premium.

Article 6(5) and Article 9(5) of Regulation (EEC) No
2075/92 have been amended by Regulation (EC) No
546/2002. The
corresponding rules of application
provided for in Regulation (EC) No 2848/98 should
therefore be adapted accordingly.

Article 33(1)(d) of Regulation (EC) No 2848/98 stipulates
that for quota transfer purposes the agreement between
competent
the parties must be
authority within 30 days of the final date for the issue of
quota statements. To accelerate and simplify that proce-
dure, the time limit for the registration of the agreement
should start to run on the actual day on which the quota
statement is issued.

registered by the

(1) OJ L 215, 30.7.1992, p. 70.
(2) OJ L 84, 28.3.2002, p. 4.
(3) OJ L 358, 31.12.1998, p. 17.
(4) OJ L 76, 19.3.2002, p. 9.

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

1. the following subparagraph is added to Article 3(1)(e):

‘In the island production areas a producer group which does
not achieve the required percentage may be recognised
provided that at least 70 % of the total number of producers
in that area are members.’;

2. Article 12(1) is replaced by the following:

The Member States shall decide, before 31 January of
‘1.
the year of harvest, whether to apply an auction scheme to
cultivation contracts for one or more groups of varieties
signed in their territory. The system shall cover the contracts
of producer groups who wish to participate.’;

3. Article 29(1) is replaced by the following:

‘1.
In order to encourage producers to switch to other
crops and to restructure their holdings, the Member States
may set up a national quota reserve for each group of vari-
eties for each harvest.’;

4. Article 33(1)(d) is replaced by the following:

‘(d) the agreement referred to in (c) has been submitted to
the competent authority for registration within 30 days
of the date of issue of the quota statement;’

5. Annex I is replaced by the text in the Annex to this Regula-

tion.

Article 2

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

L 153/4

EN

Official Journal of the European Communities

13.6.2002

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

Done at Brussels, 12 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

‘ANNEX I

PERCENTAGES OF THE GUARANTEE THRESHOLD PER MEMBER STATE OR SPECIFIC REGION FOR THE
RECOGNITION OF PRODUCER GROUPS

Member State or specific region of establishment of the producer group

Percentage

Germany, Spain (except Castile-Leon, Navarra and the Campezo area in the Basque
Country), France (except Nord-Pas-de-Calais and Picardy), Italy, Portugal (except the
Autonomous Region of the Azores), Belgium, Austria

Greece (except Epirus), Autonomous Region of the Azores (Portugal), Nord-Pas-de-
Calais and Picardy (France)

Castile-Leon (Spain), Navarra (Spain), the Campezo area in the Basque Country (Spain),
Epirus (Greece)

2 %

1 %

0,3 %’