Commission Regulation (EC) No 1243/2002 of 10 July 2002 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the flat-rate aid for hazelnuts harvested during the 2001/02 marketing year
Date: 2002-07-10
Institutions: European Commission
Subjects: EU financing, marketing, marketing year, nut, producer organisation, production aid

11.7.2002

EN

Official Journal of the European Communities

L 181/9

COMMISSION REGULATION (EC) No 1243/2002

of 10 July 2002

laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards
the flat-rate aid for hazelnuts harvested during the 2001/02 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organization of the market in
fruit and vegetables (1), as last amended by Commission Regula-
tion (EC) No 545/2002 (2), and in particular Article 55 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

In order to deal with the particularly difficult market
conditions in the hazelnut sector, flat-rate aid is granted
for the 2001/02 marketing year.

In accordance with the objectives of the common organi-
sation of the markets, that aid is granted to producer
organisations recognised under Council Regulation (EEC)
No 1035/72 (3), as last amended by Commission Regula-
tion (EC) No 1363/95 (4), or Regulation (EC) No 2200/
96. To enhance the results produced by the specific
measures already implemented, that aid is granted only
on condition that the aforementioned producer organisa-
tions implement in 2001 either a quality improvement
plan within the meaning of Article 14(d) of Regulation
(EEC) No 1035/72 or an operational programme within
the meaning of Regulation (EC) No 2200/96.

The beginning of the marketing year should be amended
to take account of the effective harvest of hazelnuts,
without however excluding from the scope of aid the
products brought by the producers who joined the orga-
nisations between 1 and 31 August 2001.

To ensure efficient payment of aid due to the benefici-
aries, deadlines should be set for the producer organisa-
tions to lodge their applications and for payment of aid
by the competent authorities.

Since the aid is granted to the producers of hazelnuts,
the producer organisation must pay the amount received
in full
to the producers, although an administration
charge may be retained by the producer organisation.

To ensure the effectiveness of the system of flat-rate aid,
procedures should be laid down for checks and, where
undue payments are made, penalties.

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

(1) OJ L 279, 21.11.1996, p. 1.
(2) OJ L 84, 28.3.2002, p. 1.
(3) OJ L 118, 20.5.1972, p. 1.
(4) OJ L 132, 16.6.1995, p. 1.

Article 1

1.
The flat-rate aid of EUR 15 per 100 kilograms referred to
in Article 55 of Regulation (EC) No 2200/96 shall be granted
to producer organisations which:

(a) implemented in 2001 a quality and marketing improve-
ment plan within the meaning of Article 14(d) of Regula-
tion (EEC) No 1035/72 and are not eligible for an extension
of said plan under Articles 1 and 2 of Regulation (EC) No
545/2002, and/or

(b) have been recognised pursuant to:

(i) Article 13 of Regulation (EC) No 2200/96 and imple-

mented an action plan in 2001, or

(ii) Article 11 of Regulation (EC) No 2200/96, and imple-

mented an operational programme in 2001.

To qualify for this aid, producer organisations must be

2.
recognised in respect of their production of hazelnuts.

Article 2

1.
The aid referred to in Article 1 shall be allocated for
hazelnuts in their shells falling within CN code 0802 21 00, of
sound, fair and merchantable quality produced by members of
the producer organisation during the 2001/02 marketing year,
delivered to the producer organisation and taken over by that
organisation.

‘Members of

the producer organisation’

2.
shall mean
members belonging to the producer organisation at the begin-
ning of the 2001/02 marketing year and new members who
joined the organisation up to 31 August 2001.

The hazelnut 2001/02 marketing year shall begin on 1

3.
August 2001 and finish on 31 July 2002.

Article 3

1.
Producer organisations shall submit an aid application to
the competent authorities not later than 30 September 2002
for quantities produced during the 2001/02 marketing year,
accompanied by supporting documentation.

L 181/10

EN

Official Journal of the European Communities

11.7.2002

2. Member States shall pay the producer organisations by 30
November 2002 at the latest.

3.
The aid received by the producer organisation shall be
paid within 15 days in full to the producers in proportion to
the quantities delivered by the producers. The producer organi-
sation may, however, retain a maximum of 2 % of the value of
the aid to cover administrative costs directly relating to this
measure.

Article 4

1. Member States shall carry out checks on producer organi-
sation papers and supporting documentation and on-the-spot
checks to ensure that the information submitted is correct.

2.
Both above checks shall be made on all the producer
organisations that have applied for Community aid under this
Regulation. The checks must cover producer organisation
accounts as well as the situation regarding hazelnut stocks. The
checks may be carried out at the same time as or combined
with checks already provided for under Commission Regula-
tions (EEC) No 2159/89 (1) and (EC) No 609/2001 (2).

3. Member States shall ensure compliance with the condi-
tions laid down in Article 3(1) and (2) and that the information
provided by the producer organisations when they submit their
aid application is consistent with the data submitted in the
improvement plan and/or operational programme or action
plan referred to in Article 1(1).

Article 5

1.
The beneficiary of any undue payment shall reimburse
twice the aid unduly paid or requested, increased by an interest
rate calculated as a function of the period between the payment
of the aid and reimbursement by the beneficiary in particular in
cases where a check carried out pursuant to Article 4 shows
that the quantities of hazelnuts actually harvested as defined in
Article 2(1):

(a) are smaller than those indicated in the aid application;

(b) include hazelnuts from producers not eligible under this

Regulation.

However, the penalty referred to in the first subparagraph shall
not apply where the beneficiary proves to the satisfaction of the
competent national authority that the irregularities committed
are not intentional or due to serious negligence on his part. In
such cases, the beneficiary shall pay only the undue amount
paid plus interest.

2.
The interest rate shall be that applied by the European
Monetary Institute to its operations in euro, published in the C
series of the Official Journal of the European Communities, which is
in force on the date of the undue payment, increased by three
percentage points.

3. Where the aid unduly paid or requested referred to in
paragraph 1 is greater than 20 % of the aid due, the beneficiary
shall repay the Community aid paid to him in full, increased by
the interest referred to in paragraph 1.

4.
The amounts recovered and the interest thereon shall be
paid to the competent paying agency and deducted from the
expenditure financed by the European Agricultural Guidance
and Guarantee Fund.

5. Where a false declaration is made deliberately or through
grave negligence, the producer organisation concerned shall be
disqualified for the aid provided for under this Regulation.

6.
Paragraphs 1 to 5 shall apply without prejudice to other
penalties to be applied under Article 48 of Regulation (EC) No
2200/96.

Article 6

This Regulation shall enter into force on the seventh day
following that of 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, 10 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 207, 19.7.1989, p. 19.
(2) OJ L 90, 30.3.2001, p. 4.