Commission Regulation (EC) No 1983/2002 of 7 November 2002 amending Regulation (EC) No 2848/98 laying down detailed rules for the application of the quota buy-back programme in the raw tobacco sector
Date: 2002-11-07
Institutions: European Commission
Subjects: common organisation of markets, producer organisation, production aid, production quota, tobacco

L 306/8

EN

Official Journal of the European Communities

8.11.2002

COMMISSION REGULATION (EC) No 1983/2002

of 7 November 2002

amending Regulation (EC) No 2848/98 laying down detailed rules for the application of the quota
buy-back programme in the raw tobacco sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 Articles 14 and 14a thereof,

Whereas:

(6)

(7)

(8)

In order to allow producers interested in selling their
quotas for the 2002 harvest sufficient time in which to
decide to leave the sector, the final date for announcing
their decision should be deferred for the 2002 harvest
year.

Regulation (EC) No 2848/98 should therefore be
amended.

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

(1)

(2)

(3)

(4)

(5)

Article 36 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 1501/2002 (4), set the amounts to which producers
were entitled whose quotas were bought under the quota
buy-back programme during the 1999, 2000, 2001 and
subsequent harvests.

Since the measure entered into force for the 1999
harvest, only insignificant quantities have been bought
back for each group of varieties. Under the current rules
for this arrangement it has not been possible to meet the
planned objectives of
rationalising production, since
producers are continuing to have great difficulty in
selling their production of certain groups of tobacco
varieties, for which they can secure only extremely low
prices.

To make the arrangement more attractive, therefore, the
buy-back prices should be increased considerably for
groups III and V and to a lesser degree for the other
groups, starting with the 2002 harvest, and the period
during which the buy-back price is paid should be
extended.

In addition,
the producer Member States should be
required to widely publicise the buy-back terms and a
time limit should be laid down for the payment of the
buy-back price to producers.

tobacco growers hold very small production
Most
quotas, the economic viability of which is extremely
doubtful, especially in the case of types of tobacco sold
at very low prices. The programme should be made
more attractive for small producers by modulating the
buy-back prices according to the size of the production
quota, in order to help them switch production.

(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 227, 23.8.2002, p. 16.

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 36 is replaced by the following:

‘Article 36

1.
Producers whose quotas were bought back during the
1999 and 2000 harvests shall be entitled to receive the
amounts shown in Annex VII(A) each year when the
premiums are paid for the three harvests following that in
which their quotas were bought back.

Producers whose quotas were bought back in 2001 shall be
entitled, when the premiums are paid for the three harvests
following that in which their quotas were bought back, to
receive each year an amount equal to a percentage of the
premium as referred to in Article 3(1) of Regulation (EEC)
No 2075/92, applicable to raw tobacco produced during
the harvest year concerned. The relevant percentages are
given in the table in Annex VII(B).

Without prejudice to any future amendments, producers
whose quotas are bought back during the 2002 and 2003
harvests shall be entitled to receive an amount equal to a
percentage of the premium as shown in the tables in Annex
VII(C) for each of the five harvest years following the year
in which their quota is bought back. These amounts shall be
paid before 31 May each year.

2.
As an exception to paragraph 1, producers whose
quotas are bought back during the 2001 and 2002 harvests
and who have held these quotas only since the 2001 and
2002 harvests, respectively, shall be entitled to receive the
same amounts as those for the 1999 harvest for the three
subsequent harvests.

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Official Journal of the European Communities

L 306/9

The Member States shall publicise the terms of the

3.
quota buy-back.’

2. The following paragraph is added to Article 55:

‘3.
For the 2002 harvest, as an exception to Article 35,
the final date of 1 November 2002 in paragraphs 1 and 2
shall be extended to 1 December 2002, and the period of
two months in paragraph 3 shall be reduced to one month.’

3. The Annex to this Regulation shall be added as Annex VII.

Article 2

into force on the third day
This Regulation shall enter
following 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, 7 November 2002.

For the Commission

Franz FISCHLER

Member of the Commission

L 306/10

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Official Journal of the European Communities

8.11.2002

ANNEX

‘ANNEX VII

A. Quota buy-backs for the 1999 and 2000 harvests

— Group I quotas

— Group II quotas

— Group III quotas

— Group IV quotas

— Group V quotas

— Group VI quotas

— Group VII quotas

— Group VIII quotas

EUR 0,67741/kg

EUR 0,54187/kg

EUR 0,54187/kg

EUR 0,59591/kg

EUR 0,54187/kg

EUR 0,93854/kg

EUR 0,79635/kg

EUR 0,56904/kg

B. Quota buy-back for the 2001 harvest

Group of varieties

Group I quotas

Group II quotas

Group III quotas

Group IV quotas

Group V quotas

Group VI quotas

Group VII quotas

Group VIII quotas

1st

25 %

25 %

25 %

25 %

75 %

25 %

25 %

25 %

Year

2nd

25 %

25 %

25 %

25 %

75 %

25 %

25 %

25 %

3rd

25 %

25 %

25 %

25 %

50 %

25 %

25 %

25 %

C. Quota buy-backs for the 2002 and 2003 harvests

Producers with a production quota of less than 10 tonnes

Group of varieties

Group I quotas

Group II quotas

Group III quotas

— 2002 harvest

— 2003 harvest

Group IV quotas

Group V quotas

Group VI quotas

Group VII quotas

Group VIII quotas

1st

25 %

25 %

40 %

75 %

25 %

2nd

25 %

25 %

40 %

75 %

25 %

100 %

100 %

25 %

25 %

25 %

25 %

25 %

25 %

Year

3rd

25 %

25 %

25 %

50 %

25 %

75 %

25 %

25 %

25 %

4th

15 %

15 %

25 %

25 %

15 %

50 %

15 %

15 %

15 %

5th

10 %

10 %

20 %

25 %

10 %

50 %

10 %

10 %

10 %

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Official Journal of the European Communities

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Producers with a production quota of 10 tonnes or more up to 40 tonnes

Group of varieties

Group I quotas

Group II quotas

Group III quotas

— 2002 harvest

— 2003 harvest

Group IV quotas

Group V quotas

Group VI quotas

Group VII quotas

Group VIII quotas

Group of varieties

Group I quotas

Group II quotas

Group III quotas

— 2002 harvest

— 2003 harvest

Group IV quotas

Group V quotas

Group VI quotas

Group VII quotas

Group VIII quotas

1st

25 %

25 %

35 %

75 %

25 %

90 %

25 %

25 %

25 %

2nd

25 %

25 %

35 %

50 %

25 %

90 %

25 %

25 %

25 %

Year

3rd

20 %

20 %

20 %

40 %

20 %

50 %

20 %

20 %

20 %

Producers with a production quota of 40 tonnes or more

1st

20 %

20 %

30 %

65 %

20 %

75 %

20 %

20 %

20 %

2nd

20 %

20 %

30 %

65 %

20 %

75 %

20 %

20 %

20 %

Year

3rd

20 %

20 %

20 %

20 %

20 %

40 %

20 %

20 %

20 %

4th

10 %

10 %

20 %

20 %

10 %

50 %

10 %

10 %

10 %

4th

10 %

10 %

15 %

20 %

10 %

40 %

10 %

10 %

10 %

5th

10 %

10 %

20 %

20 %

10 %

50 %

10 %

10 %

10 %

5th

10 %

10 %

15 %

20 %

10 %

40 %

10 %

10 %

10 %’