Commission Regulation (EC) No 1426/2002 of 2 August 2002 amending Regulation (EC) No 449/2001 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: 2002-08-02
Institutions: European Commission
Subjects: aid system, common organisation of markets, fruit product, producer organisation, vegetable product

L 206/4

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Official Journal of the European Communities

3.8.2002

COMMISSION REGULATION (EC) No 1426/2002

of 2 August 2002

amending Regulation (EC) No 449/2001 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,

Having regard to the Treaty establishing the European
Community,

(6)

this Regulation to apply, at the request of the interested
parties, to cases occurring before its entry into force.

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

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
Commission Regulation (EC) No 453/2002 (2), and in particular
Articles 6 and 25 thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 449/2001 (3),
as
amended by Regulation (EC) No 1343/2001 (4),
lays
down detailed rules for applying Council Regulation (EC)
No 2201/96 as regards the aid scheme for products
processed from fruit and vegetables.

Council Regulation (EC) No 2200/96 (5), as last amended
by Regulation (EC) No 545/2002 (6), establishes a
common organisation of the markets in fruit and vegeta-
bles.

The dates by which certain information must be sent to
the competent authority should be amended to bring
them into line with the dates laid down for the inte-
grated administration and control system by Commission
Regulation (EC) No 2419/2001 of 11 December 2001
laying down detailed rules for applying the integrated
administration and control system for certain Commu-
nity aid schemes established by Council Regulation (EEC)
No 3508/92 (7), as amended by Regulation (EC) No
2550/2001 (8), and to allow delivery certificates to be
sent by telex, fax or electronic mail.

Checks on the quantities delivered for processing should
be tightened and provision should be made for cross-
checks on areas, and certain changes should also be
made to the system of checks and penalties in view of
the anomalies found during on-the-spot checks and in
order to differentiate between cases where the area
declared is larger than the area actually determined, on
the one hand, and where it is smaller, on the other.

(5)

In view of the problems found during implementation,
provision should be made for some amended rules in

(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 72, 14.3.2002, p. 9.
(3) OJ L 64, 6.3.2001, p. 16.
(4) OJ L 181, 4.7.2001, p. 16.
(5) OJ L 297, 21.11.1996, p. 1.
(6) OJ L 84, 28.3.2002, p. 1.
(7) OJ L 327, 12.12.2001, p. 11.
(8) OJ L 341, 22.12.2001, p. 105.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 449/2001 is hereby amended as follows.

1. In the last paragraph of Article 4, ‘before 20 May’ is replaced

by ‘by 31 May at the latest’.

2. In the last subparagraph of Article 5(5), ‘before 20 May’ is

replaced by ‘by 31 May at the latest’.

3. In the last sentence of Article 6, ‘during on-the-spot checks
as provided for in Article 18’ is replaced by ‘during the area
checks provided for in Article 18’.

4. The second sentence of the third subparagraph of Article

11(1) is replaced by the following:

‘The producer organisation shall also forward a copy, or a
telex, fax or electronic mail containing the information laid
down in the first subparagraph, no later than the fifth
working day following the week of 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, to facilitate
checks.’

5. The second indent of Article 18(1)(i)

is replaced by the

following:

‘— 7 % of quantities delivered for processing, in order to
check that they tally with the certificates referred to in
Article 11 and comply with the minimum quality
requirements;’.

6. Article 18(1)(v) is replaced by the following:

‘(v) checks on all aid applications and supporting docu-
ments and, in the case of tomatoes, cross-checks on all
declared parcels of land.’

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Official Journal of the European Communities

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7. Article 20(5) is replaced by the following:

8. The second and third subparagraphs of Article 21(1) are

‘5.
In the case of tomatoes, if the area checks referred to
in Article 18(1)(i) and/or (v) show a discrepancy between
the area declared and that actually determined, at the level
of the total area checked, the aid payable to the producer
organisation shall be reduced, unless the difference 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.

replaced by the following:

‘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 more than
10 % but less than 20 %,

— for two marketing years following the finding if the

difference is more than 20 %.

For the purposes of applying the first and second subpara-
graphs, any quantities of finished products, in excess of an
8 % tolerance, not complying with the minimum quality
requirements shall be treated as quantities not processed.’

Article 2

Notwithstanding the first subparagraph, where the area
declared is less than the area actually determined, the aid
payable to the producer organisation shall be reduced by
half the percentage of the discrepancy established, and this
reduction shall apply only if the discrepancy is more than
10 % of the area determined.’

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

the request of

At
the producer organisation or processor
concerned, the provisions of Article 1(5), (7) and (8) shall apply
to cases occurring before the entry into force of this Regula-
tion.

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

Done at Brussels, 2 August 2002.

For the Commission

Franz FISCHLER

Member of the Commission