Commission Regulation (EC) No 1792/2002 of 9 October 2002 derogating from Regulation (EC) No 449/2001 as regards applications for advance payment of aid for tomatoes for the marketing year 2002/03
Date: 2002-10-09
Institutions: European Commission
Subjects: aid system, derogation from EU law, fruit vegetable, marketing year, producer organisation, production aid

10.10.2002

EN

Official Journal of the European Communities

L 272/9

COMMISSION REGULATION (EC) No 1792/2002

of 9 October 2002

derogating from Regulation (EC) No 449/2001 as regards applications for advance payment of aid
for tomatoes for the marketing year 2002/03

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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
Article 6(1) thereof,

Whereas:

(1)

(2)

(3)

Article 12 of Commission Regulation (EC) No 449/2001
of 2 March 2001 laying down detailed rules for applying
Council Regulation (EC) No 2201/96 as regards the aid
scheme for products processed from fruit and vegeta-
bles (3), as last amended by Regulation (EC) No 1426/
2002 (4),
lays down the conditions governing the aid
applications which tomato, peach and pear producer
to the body designated by the
organisations submit
Member State. Under Article 12(3), Member States may
allow applications for advance payment of the aid to be
submitted up to 30 September for the total quantity of
tomatoes delivered for processing up to 15 September.

Article 13(3) of Regulation (EC) No 449/2001 lays down
the conditions governing the payment by the competent
body in the Member State of the amount due to a benefi-
ciary in respect of an application for advance payment
referred to in Article 12(3). Payment of the amount must
be made between 16 and 31 October.

the current

Exceptionally poor weather conditions, especially in
Italy, have been a feature of
tomato
harvesting period. As a result, the quantity of raw mate-
rials delivered for processing before the cut-off date of
15 September has been appreciably smaller than usual.
Applications for advance payment of the aid will there-
fore concern a small quantity only. There is therefore a
danger that producers, receiving appreciably less aid than
the amount envisaged, will find themselves in difficulties.

(4)

In order that producers should not be penalised in these
exceptional circumstances, it should be made possible, in
this marketing year only, for applications for advance
payment of the aid for tomatoes to be submitted up to

(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 206, 3.8.2002, p. 4.

10 October and to take into account quantities of toma-
toes delivered for processing up to 30 September,
provided that this does not have a negative impact on
the checking of the production aid scheme. A derogation
should also be allowed regarding the dates set
for
payment by the competent body in the Member State of
the amount due to the beneficiary under an application
for advance payment of the aid, and to the arrangements
for the breakdown of the quantities covered by the final
aid application.

(5)

(6)

Given the urgency of
should enter into force immediately.

the situation,

this Regulation

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Products Processed from Fruit and Vege-
tables,

HAS ADOPTED THIS REGULATION:

Article 1

For
the current marketing year 2002/03, notwithstanding
Article 12(3) of Regulation (EC) No 449/2001, Member States
may allow applications for advance payment of the aid to be
submitted up to 10 October 2002 for the total quantity of
tomatoes delivered for processing up to 30 September 2002,
provided that this does not have a negative impact on the
checking of the production aid scheme.

Article 2

1.
The competent body in a Member State which employs
the derogation provided for in Article 1 shall pay the amount
due between 16 October and 15 November 2002, notwith-
standing the second subparagraph of Article 13(3) of Regula-
tion (EC) No 449/2001.

2. Where an application for advance payment of the aid has
been submitted under Article 1, the quantities covered by the
final aid application shall be broken down into two periods,
namely until 30 September and from 1 October, notwith-
standing the sixth subparagraph of Article 13(3) of Regulation
(EC) No 449/2001.

L 272/10

EN

Official Journal of the European Communities

10.10.2002

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

Article 3

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

Done at Brussels, 9 October 2002.

For the Commission

Franz FISCHLER

Member of the Commission