Commission Regulation (EC) No 43/2003 of 23 December 2002 laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards aid for the local production of crop products in the outermost regions of the European Union
Date: 2002-12-23
Institutions: European Commission
Subjects: EU aid, agricultural product, aid per hectare, aid system, aid to agriculture, marketing, peripheral region

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COMMISSION REGULATION (EC) No 43/2003

of 23 December 2002

laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/
2001 and (EC) No 1454/2001 as regards aid for the local production of crop products in the outer-
most regions of the European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1452/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the French overseas departments, amending Direc-
tive 72/462/EEC and repealing Regulations (EEC) No 525/77
and (EEC) No 3763/91 (Poseidom) (1), and in particular Article
5(2), Article 12(4), Article 13(4), Article 15(7) and Article 18
thereof,

Having regard to Council Regulation (EC) No 1453/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Azores and Madeira and repealing Regulation
(EEC) No 1600/92 (Poseima) (2), and in particular Article 5(3),
Article 6(5), Article 7(2), Article 9(3), Article 16(2), Article 19,
Article 20(7), Article 21(3), the third paragraph of Article 27,
Article 28(3), Article 30(5) and Article 31 thereof,

Having regard to Council Regulation (EC) No 1454/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Canary Islands and repealing Regulation (EEC)
No 1601/92 (Poseican) (3), as last amended by Commission
Regulation (EC) No 1922/2002 (4), and in particular Article
9(2), Article 10(5), Article 11(2), Article 13 and Article 14(3)
thereof,

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (5), as last amended by Regulation (EC) No
1881/2002 (6), and in particular Article 11(2)(a) and Article 48
thereof,

Whereas:

(1)

In the
provisions

interests of
adopted

(1) OJ L 198, 21.7.2001, p. 11.
(2) OJ L 198, 21.7.2001, p. 26.
(3) OJ L 198, 21.7.2001, p. 45.
(4) OJ L 293, 29.10.2002, p. 11.
(5) OJ L 297, 21.11.1996, p. 1.
(6) OJ L 285, 23.10.2002, p. 13.

legislative
by

simplification,
(EEC)

Regulations

the
No

980/92 (7), (EEC) No 2165/92 (8), (EEC) No 2311/92 (9),
(EEC) No 3491/92 (10), (EEC) No 3518/92 (11), (EC) No
1524/98 (12),
(EC) No 2477/2001 (13),
(EC) No 396/
2002 (14), (EC) No 738/2002 (15), (EC) No 1410/2002 (16)
and (EC) No 1491/2002 (17) should be incorporated into
this Regulation, those Regulations should be repealed
and detailed rules should be adopted for the area aid
granted to growers of vines used to produce quality
wines psr, potatoes for human consumption, sugar cane
and wicker in Madeira and to growers of sugarbeet, seed
potatoes, chicory and tea in the Azores as provided for
in Regulation (EC) No 1453/2001, to growers of pota-
toes for human consumption under Regulation (EC) No
1454/2001 and to aid for local marketing of bananas

(7) Commission Regulation (EEC) No 980/92 of 21 April 1992 laying
down detailed rules for applying the aid scheme for the marketing
of rice produced in French Guiana, Martinique and Guadeloupe (OJ
L 104, 22.4.1992, p. 31); Regulation as last amended by Regulation
(EC) No 625/98 (OJ L 85, 20.3.1998, p. 6).

(8) Commission Regulation (EEC) No 2165/92 of 30 July 1992 laying
down detailed rules for the application of the specific measures for
Madeira and the Azores as regards potatoes and endives (OJ L 217,
31.7.1992, p. 29); Regulation as last amended by Regulation (EC)
No 1984/96 (OJ L 264, 17.10.1996, p. 12).

(9) Commission Regulation (EEC) No 2311/92 of 31 July 1992 laying
down detailed rules for the application of specific measures adopted
in respect of fruit, vegetables, plants and flowers for the benefit of
the Azores and Madeira (OJ L 222, 7.8.1992, p. 24); Regulation as
last amended by Regulation (EC) No 1445/93 (OJ L 142,
12.6.1993, p. 27).

(10) Commission Regulation (EEC) No 3491/92 of 2 December 1992
concerning the grant in the Azores of flat-rate aid for the produc-
tion of sugarbeet and special aid for the processing of sugarbeet
into white sugar (OJ L 353, 3.12.1992, p. 21); Regulation as last
amended by Regulation (EC) No 1713/93 (OJ L 159, 1.7.1993, p.
94).

(11) Commission Regulation (EEC) No 3518/92 of 4 December 1992
laying down detailed rules for the application of
the specific
measures for the Azores as regards pineapple production (OJ L
355, 5.12.1992, p. 21); Regulation as last amended by Regulation
(EC) No 1445/93.

(12) Commission Regulation (EC) No 1524/98 of 16 July 1998 laying
down detailed rules for the application of the specific measures
adopted in respect of fruit and vegetables, plants and flowers for
the benefit of
(OJ L 201,
17.7.1998, p. 29); Regulation as last amended by Regulation (EC)
No 21/2002 (OJ L 8, 11.1.2002, p. 15).

the French overseas departments

(13) Commission Regulation (EC) No 2477/2001 of 17 December 2001
on aid for the transport of sugar cane in the French overseas
departments (OJ L 334, 18.12.2001, p. 5).

(14) Commission Regulation (EC) No 396/2002 of 1 March 2002 laying
down detailed rules for the application of the specific measures
adopted in respect of fruit, vegetables, plants and flowers for the
benefit of the Canary Islands (OJ L 61, 2.3.2002, p. 4).

(15) Commission Regulation (EC) No 738/2002 of 29 April 2002
concerning aid for the processing of sugar cane into sucrose syrup
or agricultural rum in the French overseas departments (OJ L 113,
30.4.2002, p. 13).

(16) Commission Regulation (EC) No 1410/2002 of 1 August 2002
concerning aid for the processing of sugar cane into sugar syrup or
agricultural rum on Madeira (OJ L 205, 2.8.2002, p. 24).

(17) Commission Regulation (EC) No 1491/2002 of 20 August 2002
laying down detailed rules for the application of
the specific
measures for wine in the outermost regions introduced by Council
Regulations (EC) No 1453/2001 and (EC) No 1454/2001 (OJ L
224, 21.8.2002, p. 49); Regulation as last amended by Regulation
(EC) No 1796/2002 (OJ L 272, 10.10.2002, p. 19).

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produced in French Guiana and Réunion. Detailed rules
for granting this aid should be laid down to reflect the
distinctive cultural and climatic features of the outermost
regions.

should be allowed to adopt all additional measures
necessary for the purposes of applying it.

(2)

(3)

(4)

(5)

(6)

In view of the specific features of producing quality
wines psr, specific rules should be laid down for the per-
hectare aid in that sector.

Article 27 of Regulation (EEC) No 1453/2001 provides
for aid to be granted for the production of up to 2 000
tonnes of
fresh pineapples per year. Detailed rules
should be laid down for applying that aid scheme.

As regards the aid for the production of green vanilla
and the aid for the production of essential geranium and
vetiver oils, these schemes can be applied satisfactorily
within the existing market structures if arrangements are
introduced for approving processors of dried vanilla or
vanilla extracts and local bodies engaged in collecting
and marketing the essential oils, which undertake in
particular to pay the aid in full to the beneficiary produ-
cers and meet the control requirements. The quantities
fixed in Article 12(2) and (3) of Regulation (EC) No
1452/2001 are ceilings which, according to the esti-
mates communicated by the French authorities, are not
expected to be reached in the medium term.

Article 16 of Regulation (EC) No 1452/2001 provides
for aid for the transport of cane from the fields where it
is harvested to the reception centres. The aid is to be
determined on the basis of distance and other objective
criteria relating to transport and may not exceed half the
transport costs per tonne fixed on a flat-rate basis by the
French authorities in each department. The aid is to
apply to cane intended for processing into both sugar
and rum.

Transport costs vary considerably in the French overseas
departments. Maximum flat-rate aid amounts should
therefore be fixed which comply with an average
amount of aid for each department and which do not
exceed half
tonne, up to
the transport costs per
maximum amounts fixed on a flat-rate basis. The French
authorities are to determine the unit amounts granted to
producers in the light of objective criteria established by
them. Such amounts may vary in particular according to
the tonnage transported.

(8)

(9)

(10)

Under Article 13 of Regulation (EC) No 1452/2001,
firstly a list should be drawn up of products eligible for
the aid, within the limits of annual quantities established
for each category and in line with the scope for the
development of local production and processing, and the
aid amounts fixed and, secondly, special detailed rules
should be adopted to ensure that the system is moni-
tored and that the conditions for granting the aid are
met, in particular as regards contracts and the minimum
price guaranteed to producers. To that end certain provi-
sions of Commission Regulation (EC) No 449/2001 of 2
March 2001 laying down detailed rules for the applica-
tion of Council Regulation (EC) No 2201/96 as regards
the system of production aid for products processed
from fruit and vegetables (1), as last amended by Regula-
tion (EC) No 1426/2002 (2), should be incorporated into
this Regulation.

Article 17 of Regulation (EC) No 1452/2001 and Article
18 of Regulation (EC) No 1453/2001 provide for
Community aid to be granted for the direct processing
of sugar cane produced in the French overseas depart-
ments and Madeira into sugar syrup, sucrose syrup or
agricultural rum.

This aid is paid on condition that the sugar-cane produ-
cers are paid a minimum price, up to maximum annual
quantities fixed in the abovementioned Articles. The aid
is calculated so that
the ratio between the two aid
amounts takes account of the quantities of raw material
used. In the interests of clarity the amounts for rum
should be expressed as pure alcohol.

(11) A minimum price should be fixed for sugar cane
intended for the manufacture of sugar syrup or rum
which takes account of the consultations held by the
competent authorities with sugar-cane producers and
the businesses processing the cane into syrup and rum.

(12) Article 20 of Regulation (EC) No 1453/2001 provides
for aid to be granted to purchase rectified concentrated
musts and wine alcohol for the preparation of Madeira
liqueur wine. The maximum volume of
the above
to Madeira should be fixed
products to be brought
having regard to the methods traditionally used to
produce Madeira wine. The amount of the aid should be
fixed taking account of the costs of supply to Madeira

(7)

Aid applications must be supported by evidence of trans-
port. Given the specific features of the scheme, France

(1) OJ L 64, 6.3.2001, p. 16.
(2) OJ L 206, 3.8.2002, p. 4.

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resulting from its geographical situation and the price of
products in the Community and on the world market.
Experience has shown that aid of EUR 12,08/hectolitre
is sufficient to compensate for these additional costs.

(13) Under Articles 20 and 31 of Regulation (EC) No 1453/
2001 aid may be granted for the ageing of Madeira
liqueur wines and Azores ‘verdelho’ wine. The detailed
rules for granting that aid should be laid down taking
account of
the products
concerned.

features of

specific

the

(18) As regards the aid for marketing in the rest of the
Community under annual contracts as referred to in
Articles 5 and 15 of Regulation (EC) No 1452/2001,
Article 6 of Regulation (EC) No 1453/2001 and Article
10 of Regulation (EC) No 1454/2001, it is necessary to
define the nature of the annual contract and specify the
base to be used for calculating the amount of aid, fixed
at 10 % of the value of the production marketed, free at
destination, and 13 % where Article 15(4) of Regulation
(EC) No 1452/2001, Article 6(4) of Regulation (EC) No
1453/2001 and Article 10(4) of Regulation (EC) No
1454/2001 are applied, respectively. Lastly, arrange-
ments should be made for allocating the quantities quali-
fying for aid where the limits are overrun.

(19)

(14) Article 12 of Regulation (EC) No 1452/2001, Article 5
of Regulation (EC) No 1453/2001 and Article 9 of Regu-
lation (EC) No 1454/2001 provide for the grant of aid
for the marketing of the products referred to in those
Articles on the local markets of the outermost regions.
The aid must be fixed on a flat-rate basis in the light of
the average value of each of the products to be deter-
mined, within the limits of annual quantities established
for each product category. So that this provision can be
implemented, a list should be drawn up of the products
eligible for the aid based on the supply requirements of
the regional markets, the product categories should be
established on the basis of the average value of the
products covered, a maximum quantity should be fixed
for all the outermost regions and detailed rules should
be laid down for granting the aid.

as

of producer

organisations (1),

Commission Regulation (EC) No 412/97 of 3 March
1997 laying down detailed rules for the application of
Council Regulation (EC) No 2200/96 as regards the
recognition
last
amended by Regulation (EC) No 1120/2001 (2), fixes the
minimum number of producers and minimum volume
of marketable production required for creation of a
producer organisation. In the case of France, no distinc-
tions are provided for to take account of the specific
production conditions in the French overseas depart-
ments. Such a distinction should however be made so
that different production situations can be duly taken
into account. To that end, the table in the Annex to
Regulation (EC) No 412/97 should be amended to
include the French overseas departments in the category
of regions for which specific conditions are laid down.

(15)

Specific rules should be laid down for monitoring the
quantities fixed and ensuring that the conditions set for
granting the aid are met. To that end,
the local
marketing scheme can be administered satisfactorily if
arrangements are introduced for approving operators in
the distribution and catering sectors, local authority facil-
ities and food processing who undertake to meet certain
requirements.

(16) Under Article 20 of Regulation (EC) No 1453/2001, aid
may be granted for the shipment of Madeira wine and
marketing it on the Community market. The transitional
period during which the aid is to be granted should be
fixed and the detailed rules for granting it should be laid
down. In view of the scheme's objectives, the aid should
be granted for a long enough period to permit commer-
cial outlets and production to be consolidated.

(17)

For the purposes of granting the different aid amounts, a
distinction should be made between the producer orga-
nisations referred to in Regulation (EC) No 2200/96 and
other producers.

(20) General provisions applicable to these measures as a
whole, especially those concerning aid applications, noti-
fication, monitoring and the consequences of undue
payments, should be set out in a separate title.

(21)

The coverage of aid applications and the documents to
be attached with a view to assessing their justification
should be specified for each aid scheme.

(22) Where aid applications contain obvious errors,

they

should be adjustable at any time.

(23)

The deadlines for submitting and amending aid applica-
tions must be complied with to enable the national
authorities to programme and subsequently carry out
effective checks on the correctness of the aid applica-
tions. Time limits should therefore be fixed beyond
which late submissions can no longer be accepted. More-
over, a reduction should be applied to encourage
growers to respect the time limits.

(1) OJ L 62, 4.3.1997, p. 16.
(2) OJ L 153, 8.6.2001, p. 10.

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(24) Growers should be allowed to withdraw their aid appli-
cations or parts thereof at any time provided that the
competent authority has not yet informed the grower of
any errors contained in the aid application or announced
an on-the-spot check which reveals errors in the part
concerned by the withdrawal.

(25)

Compliance with the rules on aid schemes managed
under the integrated administration and control system
should be effectively monitored. To this end, and to
achieve a harmonised level of monitoring in all Member
States, the criteria and technical procedures for carrying
out administrative and on-the-spot checks should be set
out in detail. Where appropriate,
the Member States
should strive to combine the various checks under this
Regulation with those provided for under other Commu-
nity provisions.

(26)

The minimum number of growers to undergo on-the-
spot checks under the various aid schemes should be
determined.

(27)

The sample for the minimum rate of on-the-spot checks
should be drawn partly on the basis of a risk analysis
and partly at random. The main factors to be taken into
consideration for the risk analysis should be specified.

(28) Where significant irregularities are found, the level of
the on-the-spot checks should be increased during the
current and the following year in order to attain an
acceptable level of assurance that the aid applications
concerned are correct.

(29)

(30)

it is important
For on-the-spot checks to be effective,
that the inspectors be informed of the reasons why the
growers concerned have been selected for an on-the-spot
check. The Member States should keep records of such
information.

In order to enable the national authorities and any
competent Community authority to follow up on-the-
spot checks carried out, the details of checks should be
recorded in an inspection report. Growers or their repre-
sentatives should be given the opportunity to sign the
report. However, in the case of remote-sensing checks,
the Member States should be allowed to provide for this
right only in cases where the check reveals irregularities.
Moreover, irrespective of the kind of on-the-spot check
carried out, the grower should receive a copy of the
report if irregularities are found.

(31)

the Community's financial

To protect
interests effec-
tively, adequate measures should be adopted to combat
irregularities and fraud.

(32)

Reductions and exclusions should be determined having
regard to the principle of proportionality and the special
problems arising in cases of force majeure, exceptional
circumstances and natural disasters. Such reductions and
exclusions should be graded according to the gravity of
the irregularity committed and should go as far as the
total exclusion from one or several aid schemes for a
specified period.

(33) As a general rule, reductions and exclusions should not
be applied where growers have submitted factually
correct information or can show otherwise that they are
not at fault.

(34) Growers who notify the competent national authorities
at any time of incorrect aid applications should not be
subject to reductions or exclusions irrespective of the
the incorrectness, provided the grower
reason for
concerned has not been informed of
the competent
authority's intention to carry out an on-the-spot check
and provided the authority has not already informed the
grower of any irregularity in the application. The same
should apply to incorrect data contained in the compu-
terised database.

(35) Where various reductions are to be applied to the same
grower, they should be applied independently from each
other and individually. Moreover,
the reductions and
exclusions provided for under this Regulation should be
applied without prejudice to additional penalties under
any other provisions of Community or national law.

(36)

The administration of small amounts is a burdensome
task for the competent authorities of the Member States.
They should therefore be authorised not to pay amounts
of aid that are below a certain minimum limit and not
to request reimbursement of incorrectly paid amounts
when the sums involved are negligible.

(37) Growers who are unable to fulfil

the obligations
provided for under the sectoral rules as a consequence
of force majeure or exceptional circumstances should not
lose their entitlement to the aid. It should be specified
which cases,
in particular, may be recognised by the
competent authorities as cases of exceptional circum-
stances.

(38)

In order to ensure uniform application of the principle
of good faith throughout the Community, where unduly
paid amounts are recovered, the conditions under which
that principle may be invoked should be laid down
without prejudice to the treatment of the expenditure
concerned in the context of the clearance of accounts
under Council Regulation (EC) No 1258/1999 of 17
May 1999 on the financing of the common agricultural
policy (1).

(1) OJ L 160, 26.6.1999, p. 103.

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(39) As a general rule, the Member States should take any
further measures necessary to ensure that this Regulation
is properly implemented.

(40) Where appropriate, the Commission should be informed
of any measures taken by the Member States to imple-
ment the aid schemes provided for in this Regulation. In
order to enable the Commission to monitor effectively,
the Member States should regularly send it certain statis-
tics on the aid schemes.

(41)

(42)

(43)

To ensure the application of the new area aid schemes
introduced by the Council
in certain sectors, the aid
schemes referred to in Article 1(b), (c), (f) and (g) and the
aid for local marketing of bananas other than plantains
produced in French Guiana and Réunion should apply
from 1 January 2002.

To enable operators to complete the performance of
annual contracts they have already concluded, the provi-
sion governing the marketing periods or years should
not be applied to current contracts.

The measures provided for in this Regulation are in
accordance with the opinion of the joint Management
Committee for Cereals, Fresh Fruit and Vegetables,
Processed Fruit and Vegetables, Wine, Hops, Live Plants,
and Sugar,

HAS ADOPTED THIS REGULATION:

TITLE I

AREA AID

CHAPTER I

General arrangements

Article 1

Scope

This chapter lays down detailed rules for applying the following
aid schemes:

(a) area aid for

for human
the cultivation of potatoes
consumption as provided for in Article 16 of Regulation
(EC) No 1453/2001;

(b) area aid for the cultivation of sugar cane as provided for in

Article 17 of Regulation (EC) No 1453/2001;

(c) area aid for the cultivation of wicker as provided for in

Article 21 of Regulation (EC) No 1453/2001;

(d) area aid for the cultivation of sugarbeet as provided for in

Article 28 of Regulation (EC) No 1453/2001;

(e) aid per hectare for the cultivation of seed potatoes as
provided for in Article 30(1) of Regulation (EC) No 1453/
2001;

(f) area aid for the cultivation of chicory as provided for in

Article 30(2) of Regulation (EC) No 1453/2001;

(g) area aid for the cultivation of tea as provided for in Article

30(4) of Regulation (EC) No 1453/2001;

(h) area aid for

for human
the cultivation of potatoes
consumption as provided for in Article 14 of Regulation
(EC) No 1454/2001.

Article 2

Entitlement to aid

The aid referred to in Article 1 shall be paid each calendar

1.
year for areas:

(a) which have been planted and for which all normal cultiva-

tion work has been carried out;

(b) for which an aid application has been lodged in accordance

with Article 54.

In addition, for the aid referred to in Article 1(d):

— prior

to harvesting, sugarbeet producers shall make a
declaration to the competent authorities of the areas sown,

— the areas eligible for aid shall be at least 0,3 hectare for

each producer,

— the production of beet per hectare may not be less than 25

tonnes,

— the beet must be delivered for processing before the aid is

paid,

— processors must inform the competent authorities of the

quantity of beet delivered by each producer.

The aid referred to in Article 1(h) may be paid twice a

2.
year for two harvests on the same land.

Article 3

Reductions

1. Where the area covered by aid applications exceeds the
maximum area fixed, the aid shall be granted to applicant
producers in proportion to the areas stated in their applica-
tions.

In order to check that the maximum area referred to in Article
14 of Regulation (EC) No 1454/2001 has been complied with
where cultivation aid is granted twice in a given year for the
same area, that area shall be multiplied by two.

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Areas sown to both a perennial and a seasonal crop at
2.
the same time may qualify for aid as referred to in Article 1
provided the seasonal crop can be cultivated in conditions
comparable to those of areas dedicated to perennial crops.

For the purposes of calculating the area eligible for the aid,
only the area used for the seasonal crop shall be taken into
account.

(c) the grape variety used;

(d) an estimate of the production that may be harvested.

Article 6

Payment of the aid

CHAPTER II

After having established the actual harvest and yield for the
areas concerned, the Member State shall pay the aid by 1 April
of the wine year for which the aid is granted.

Quality wines psr of Madeira, the Azores and the Canary
Islands

Article 4

Entitlement to aid

1.
The aid provided for in Article 9 of Regulation (EC) No
1453/2001 and in Article 13 of Regulation (EC) No 1454/
2001 shall be granted only to areas which:

— have been entirely cultivated and harvested and on which

all normal cultivation work has been carried out, and

— the produce from which is covered by harvest declarations
as provided for in Commission Regulation (EC) No 1282/
2001 (1).

For the purposes of determining the producers to whom

2.
the aid is to be paid:

— the transitional period referred to in Article 9(2) of Regula-
tion (EC) No 1453/2001 and Article 13(2) of Regulation
(EC) No 1454/2001 for payment to individual producers
shall expire on 31 July 2007,

— producer organisations shall be those referred to in Article
39 of Council Regulation (EC) No 1493/1999 on the
in wine (2). The
common organisation of
Member States concerned shall lay down the criteria which
producer groups must meet to qualify for the aid and shall
notify the Commission thereof.

the market

Article 5

Aid applications

1.
Applications for area aid shall be submitted by the person
concerned to the competent authority during the period deter-
mined by the latter and not later than 15 May each year for the
following wine year.

2.

Aid applications shall contain at least the following:

(a) the surname, forename and address of the wine-grower, or

wine-growing group or organisation;

(b) the areas cultivated for the production of quality wines psr,
in hectares and ares with the land register reference for
those areas or information recognised as equivalent by the
body responsible for checking the areas;

(1) OJ L 176, 29.6.2001, p. 14.
(2) OJ L 179, 14.7.1999, p. 1.

TITLE II

PRODUCTION AID

CHAPTER I

Pineapples

Article 7

Scope

This chapter lays down detailed rules for applying the produc-
tion aid scheme for pineapples provided for in Article 27 of
Regulation (EEC) No 1453/2001.

Article 8

Prior declaration

Producers wishing to benefit from the production aid scheme
for pineapples referred to in Article 7 shall make a declaration
to the competent authority designated by Portugal before a date
to be determined by that authority. The date set shall allow
time for the necessary on-the-spot checks.

Declarations shall include at least the following information:

— the references and areas of the parcels, in hectares and ares,
identified in accordance with Articles 4 and 5 of Council
Regulation (EEC) No 3508/92 (3), on which the pineapples
are to be grown, and

— an estimate of the quantities to be produced.

Article 9

Aid applications

Producers
following months:

shall

submit

their aid applications during the

— January for production harvested in July to December of

the previous year,

— July for production harvested from January to June of the

current year.

(3) OJ L 355, 5.12.1992, p. 1.

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Article 10

Payment of the aid

The competent authorities shall take the measures necessary to
ensure that the annual quantities for which the aid is granted
do not exceed the volume fixed in Article 27 of Regulation
(EC) No 1453/2001.

CHAPTER II

Vanilla and essential oils

Article 11

Scope

This chapter lays down detailed rules for applying the following
aid schemes:

(a) production aid for green vanilla falling within CN code
ex 0905 00 00 intended for the production of dried (black)
vanilla or vanilla extracts as provided for in Article 12(2) of
Regulation (EC) No 1452/2001;

(b) production aid for essential oils of geranium and vetiver
falling within CN codes 3301 21 and 3301 26 as provided
for in Article 12(3) of Regulation (EC) No 1452/2001.

Article 14

Obligations of processors and collection and marketing
bodies

Approved processors and collection and marketing bodies shall
undertake, in particular:

— to pay producers the full amount of the aid referred to in
Article 12(2) and (3) of Regulation (EC) No 1452/2001
under supply contracts not later than one month from the
date of payment of the aid by the competent authority,

— to keep separate accounts for transactions connected with

the application of this Regulation,

— to allow any checks or inspections required by the compe-
tent authorities and to notify all information relating to the
application of this Regulation.

Article 15

Reduction coefficient

Where the quantities covered by aid applications exceed the
permitted annual quantities, the competent authorities shall set
a reduction coefficient to be applied to all applications.

Article 16

Payment of the aid

Article 12

Procedures and technical characteristics

The national authorities shall make payment of the aid condi-
tional upon the presentation of delivery notes jointly signed by
the producer and the approved processors or collection and
marketing bodies, as the case may be.

The competent authorities shall specify the manufacturing
procedures and define the technical characteristics of green
vanilla and essential oils of geranium and vetiver qualifying for
the aid.

Article 13

Processors and local collection and marketing bodies

1.
The aid referred to in Article 11(a) shall be paid to produ-
cers through processors approved by the competent authori-
ties.

CHAPTER III

Transport of sugar cane in the French overseas departments

Article 17

Aid as provided for in Article 16 of Regulation (EC) No
1.
1452/2001 for the transport of sugar cane from the edge of
the field where it is harvested to the reception centres shall be
paid on the terms set out in this chapter to producers deli-
vering their cane directly to reception centres.

The aid referred to in Article 11(b) shall be paid to producers
via local collection and marketing bodies approved by the
competent authorities.

To be eligible for transport aid, the cane must be intended

2.
for the production of sugar or rum.

2.
The competent authorities shall grant approval to proces-
sors and bodies as referred to in paragraph 1 established in the
production region and possessing plant and equipment suitable
for the preparation of dried (black) vanilla or vanilla extracts,
or for the collection and marketing of essential oils, and which
fulfil the obligations set out in Article 14.

The aid shall be paid for the transport of cane of sound

3.
and fair merchantable quality.

4.
‘Reception centre’ means the weighing centre or the
factory itself, where delivery is direct to the latter, be it a sugar
refinery or a distillery.

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Article 18

1.
The transport costs to producers shall be determined on
the basis of the distance between the edge of the field and the
reception centre and other objective criteria, including condi-
tions of access to the field and the existence of natural handi-
caps.

2. Without prejudice to paragraph 3, the unit amount of aid
fixed for producers shall not exceed:

(a) half the transport costs per tonne fixed on a flat-rate basis

in accordance with paragraph 1;

(b) the maximum amounts below for each department:

— EUR 5,49/tonne for Réunion,
— EUR 5,34/tonne for Guadeloupe,
— EUR 3,96/tonne for Martinique,
— EUR 3,81/tonne for French Guiana.

3.
The aid for cane transport shall be determined by the
French authorities in accordance with the following average
unit amount for each department, depending on the quantities
involved:

— EUR 3,2/tonne for Réunion,

— EUR 2,5/tonne for Guadeloupe,

— EUR 2,0/tonne for Martinique,

— EUR 2,0/tonne for French Guiana.

TITLE III

PROCESSING AID

CHAPTER I

Fruit and vegetables

Article 19

Scope

Article 21

Approval of processors

Processors wishing to qualify for the aid shall submit an
1.
application for approval to the office designated by the compe-
tent authorities, by a date to be set by those authorities, giving
all the information required by France for administering and
monitoring the aid scheme.

2.
The competent authorities shall grant approval, upon
application, to processors or legally constituted associations or
groups of processors which, in particular:

(a) possess equipment suitable for processing fruit and vegeta-

bles; and

(b) undertake in writing:

— to keep separate accounts relating to performance of

the contracts referred to in Article 22, and

— to provide the competent authorities, at the request of
the latter, with all supporting documentation relating to
performance of
the
commitments entered into under this Regulation.

the contracts and fulfilment of

Article 22

Processing contracts

1.
The contracts referred to in Article 13(1) of Regulation
(EC) No 1452/2001, hereinafter called ‘processing contracts’,
shall be concluded in writing before the beginning of each
marketing year. They shall take one of the following forms:

(a) a contract between an individual producer or a producer
organisation recognised under Regulation (EC) No 2200/
96, on the one hand, and a processor or an association or
group of processors approved by the national authorities,
on the other;

(b) an undertaking to deliver supplies, where the producer

organisation referred to in (a) acts as processor.

The aid provided for in Article 13 of Regulation (EC) No 1452/
2001 shall be paid to processors approved by France under the
terms set out in this chapter.

2.
Contracts shall each cover a calendar year and the same
two contracting parties may not conclude more than one
contract per year between themselves.

Article 20

Entitlement to aid

The aid shall be paid for processing the fruit and vegeta-
1.
bles, harvested in the French overseas departments,
listed in
column II of part A of Annex I for which processors have paid
a price at least equal to the minimum price under processing
contracts covering the manufacture of one of the products
listed in part B of Annex I.

2.
The aid shall be paid up to the annual quantities fixed in
column III of part A of Annex I for each of the three product
categories A, B and C.

The amounts of aid applicable to each product category

3.
shall be as set out in column IV of part A of Annex I.

3.

Processing contracts shall specify, in particular:

(a) the business names of the parties to the contract;

(b) a precise description of

the product(s) covered by the

contract;

(c) the quantities of raw materials to be supplied;

(d) the timetable for deliveries to the processor;

(e) the price to be paid for the raw materials, excluding in
particular costs connected with packing, transport and the
payment of fiscal charges, which shall, where applicable, be
indicated separately. The price shall not be lower than the
minimum price referred to in the second subparagraph of
Article 13(1) of Regulation (EC) No 1452/2002;

(f) the finished products to be produced.

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On terms laid down for each product by the competent
4.
authorities, the contracting parties may decide, by means of a
written amendment, to increase the quantities originally stipu-
lated in the contract by no more than 30 %.

5. Where producer organisations also act as processors, the
processing contracts covering their own production shall be
deemed to have been concluded after the following particulars
have been forwarded to the competent authority within the
time limit laid down in paragraph 6:

(a) the total area on which the raw material is grown, together
with land register reference numbers or a reference recog-
nised as equivalent by the inspection body;

(b) an estimate of the total harvest;

(c) the quantity intended for processing;

(d) the forecast processing schedule.

6.
The processor or association of processors shall forward a
copy of each processing contract and any amendments thereto
to the competent authorities within the deadline fixed by those
authorities.

Article 25

Aid applications

Processors shall submit

1.
marketing year to the body designated by France:

two aid applications for each

(a) the first relating to products processed from 1 January to

31 May;

(b) the second relating to products processed from 1 June to

31 December.

2.
Aid applications shall indicate in particular the net weight
of the raw materials used and of the finished products obtained,
described in accordance with parts A and B of Annex I respec-
tively. They shall be accompanied by copies of the transfer
orders provided for in the first subparagraph of Article 23(1).
In the case of undertakings to deliver supplies, such copies may
be replaced by a declaration by the producer to the effect that
the processor has paid a price at least equal to the minimum
price. Such copies or declarations shall quote the references of
the relevant contracts.

Article 23

Payment of the minimum price

Article 26

Reduction coefficient

1. Without prejudice to cases covered by Article 22(1)(b),
processors shall pay the price of the raw materials to the
producer organisation or individual producer exclusively by
bank or post office transfer order.

Producer organisations shall pay producers the full amount
referred to in the first subparagraph within 15 working days of
receipt, by bank or post office transfer order.
In cases as
referred to in Article 22(1)(b), payment may be made by
opening a credit. France shall adopt the measures necessary to
check compliance with this paragraph and shall provide in
particular for penalties to be imposed on the administrators of
the producer organisation according to the seriousness of any
failure to comply.

France may adopt additional provisions

2.
relating to
processing contracts, covering in particular time limits, terms
and methods of payment of the minimum price and damages
payable by processors, producer organisations or producers
where they do not fulfil their obligations under contracts.

1. Where the information referred to in Article 22(6) indi-
cates that the quantity set for a category of products shown in
column III of part A of Annex I is likely to be exceeded, the
competent authorities shall set a provisional reduction coeffi-
cient to be applied to all aid applications for that category
submitted under Article 25(1)(a). The coefficient, which shall
be the ratio between the quantities referred to in column III of
part A of Annex I and those set by contract plus any additional
quantities agreed, shall be calculated not later than 31 March.

2. Where paragraph 1 is applied, at
the
marketing year the competent authorities shall establish the
definitive reduction coefficient to be applied to all aid applica-
tions for the category of products concerned submitted under
Article 25(1)(a) and (b).

the end of

Article 27

Record keeping

Article 24

Quality of products

Without prejudice to any minimum quality criteria laid down
or to be laid down in accordance with the procedure provided
for in Article 46 of Regulation (EC) No 2200/96, raw materials
delivered to processors under processing contracts shall be of
sound and fair merchantable quality and suitable for proces-
sing.

Processors

1.
following:

shall keep records

showing at

least

the

(a) consignments of raw materials purchased and entering their
premises each day which are covered by processing
contracts or amendments
together with the
numbers of any receipts issued for such consignments;

thereto,

(b) the weight of each consignment brought

into their
premises and the name and address of the other party to
the contract;

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(c) the quantities of finished products obtained each day from
processing the raw materials on which the aid is payable;

(d) the quantities and prices of products leaving the processor's
premises, consignment by consignment, with details of the
consignee. Such data may be recorded by reference to
supporting documents, provided the latter contain the
above particulars.

2.
Processors shall retain proof of payment for all raw mate-
rials purchased under processing contracts or amendments
thereto.

Processors

3.
shall undergo any inspections or checks
deemed necessary and shall keep such additional records as the
competent authorities require to conduct any checks that they
deem necessary. Where an inspection or check cannot be
conducted for reasons attributable to the processor, despite the
latter having been formally notified thereof, no aid shall be paid
for the marketing years concerned.

CHAPTER II

Sugar

S e c ti o n I

Su gar c an e

Article 28

Scope

This chapter lays down detailed rules for applying the following
aid schemes:

(a) Community aid for the direct processing of sugar cane into
sucrose syrup or agricultural rum as provided for in Article
17 of Regulation (EC) No 1452/2001;

(b) aid for the direct processing of sugar cane into sugar syrup
or agricultural rum as provided for in Article 18 of Regula-
tion (EC) No 1453/2001.

Article 29

Payment of the aid

The aid referred to in Article 28 shall be paid, as the case

1.
may be:

(a) to any sucrose syrup manufacturer or distiller:

— whose plant is located in one of the French overseas

departments, and

— who produces directly from cane harvested in the same

French overseas department:
(i) sucrose syrup of less than 75 % purity used in the

manufacture of aperitifs; or

(ii) agricultural rum as defined in Article 1(4)(a)(2) of

Council Regulation (EEC) No 1576/89 (1);

(b) to any sugar syrup manufacturer or distiller whose facilities
are located on the territory of Madeira and who directly
processes cane harvested on Madeira.

Aid shall be paid out each year for the quantities of sugar
2.
cane processed directly into sugar syrup, sucrose syrup or agri-
cultural rum for which the syrup manufacturer or distiller
shows proof that the sugar-cane producers concerned have
been paid the minimum price referred to in Article 30.

The amount of the processing aid is hereby fixed as

3.
follows:

(a) for the aid referred to in Article 28(a),

— at EUR 9,0 per 100 kilograms of sugar expressed as

white sugar, for sucrose syrup,

— at EUR 64,22 per hectolitre of pure alcohol produced,

for agricultural rum;

(b) for the aid referred to in Article 28(b),

— at EUR 53 per 100 kilograms of sugar expressed as

white sugar, for sugar syrup,

— at EUR 90 per hectolitre of pure alcohol produced, for

agricultural rum.

Article 30

Minimum price for sugar cane

1.
The minimum prices referred to in the second subpara-
graph of Article 17(1) of Regulation (EC) No 1452/2001 and
in the second subparagraph of Article 18(1) of Regulation (EC)
No 1453/2001 are hereby fixed as follows:

— Réunion: EUR 51,01 per tonne of cane,

— Martinique: EUR 45,16 per tonne of cane,

— Guadeloupe and French Guiana: EUR 55,95 per tonne of

cane,

— Madeira: EUR 78,9 per tonne of cane.

The minimum price shall apply to cane of sound and fair
merchantable quality and of standard sugar content. The
delivery stage of the sugar cane shall be free at factory gate.

The standard sugar content and the scale of increases and
2.
reductions to be applied to the minimum price when the sugar
content of the cane differs from the standard sugar content
shall be adopted by the competent authority on the proposal of
a joint committee of distillers or syrup manufacturers and the
sugar-cane producers.

Article 31

Minimum price

1.
Proof that the minimum price has been paid to the sugar-
cane producer shall be established by a certificate drawn up on
normal paper by the syrup manufacturer or distiller. The certifi-
cate shall show:

(a) the name of the syrup manufacturer or distiller;

(1) OJ L 160, 12.6.1989, p. 1.

(b) the name of the sugar-cane producer;

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(c) the total quantities of sugar cane for which the minimum
price fixed for the calendar year concerned has been paid
and which have been delivered to the syrup factory or
distillery by the producer concerned during that calendar
year;

(d) the quantity of product for which the minimum price has

been paid.

The certificate shall be signed by the sugar-cane producer

2.
and the syrup manufacturer or distiller.

The manufacturer or distiller shall keep the original of the

3.
certificate. A copy shall be given to the sugar-cane producer.

Article 32

Reduction coefficient

1. When the sum of the quantities covered by aid applica-
tions in a given calendar year is greater than the annual quanti-
ties referred to in Article 17(2) of Regulation (EC) No 1452/
2001 and in Article 18(2) of Regulation (EC) No 1453/2001, a
standard reduction coefficient shall be applied to each applica-
tion for the product concerned.

However, France may allocate the quantity of rum referred to
in paragraph 1 by department on the basis of the average
quantity of agricultural rum sold by each department in the
years 1997 to 2001. If the quantities covered by aid applica-
tions exceed the overall quantities, the reduction coefficients
may be differentiated by department.

2.
Aid applications shall be submitted to the competent
authorities designated by France or Portugal, as the case may
be.

Se ct i on II

B e e t s u g a r

Article 33

This chapter lays down detailed rules for applying the aid for
the processing into white sugar of sugarbeet harvested in the
Azores provided for in Article 28(2) of Regulation (EC) No
1453/2001.

Article 34

1.
Processing undertakings shall submit their applications in
writing to the competent authorities. Applications shall indicate
the quantity of white sugar produced from sugarbeet harvested
in the Azores and shall be accompanied by:

(a) proof of purchase of the sugarbeet from each producer
who has delivered the sugarbeet that has been processed;
and

(b) a written undertaking not to refine raw sugar during the
period when sugarbeet is being processed into white sugar.

The aid referred to in paragraph 1 shall be paid only after
2.
it has been established that white sugar has been produced
from the sugarbeet harvested in the Azores.

Article 35

Portugal shall take all the measures necessary to ensure that the
aid is granted only up to the maximum referred to in Article
28 of Regulation (EC) No 1453/2001.

CHAPTER III

Wine

Se c ti on I

A i d f or t h e p u r c h ase o f re c t i f i e d co n c e n t r at e d
m u s t s an d w i n e al c oh ol i n Mad e i r a

Article 36

1.
Producers established in the Madeira island group wishing
to qualify for aid for the purchase of rectified concentrated
musts for use in wine-making to sweeten Madeira liqueur
wines, or aid for the purchase of wine alcohol, under Article
20(2) and (3) of Regulation (EC) No 1453/2001, shall submit
to the competent body, by a date specified by the latter, which
may not be later than 31 October, an application containing at
least the following:

— a copy of the contract for the purchase of rectified concen-
trated musts or wine alcohol elsewhere in the Community,

— the quantity of rectified concentrated musts or wine alcohol
for which aid is requested, expressed in hectolitres and in %
vol,

— the date of taking over of the musts or wine alcohol,

— the date set

for the start of the operations to prepare
liqueur wines, and the place at which these operations are
to be carried out.

2.

The aid is hereby fixed at EUR 12,08 per hectolitre.

3.
The aid shall be paid for the purchase of a maximum
quantity of 3 600 hectolitres of rectified concentrated musts
and a maximum quantity of 8 000 hectolitres of wine alcohol
in each marketing year.

Article 37

1.
The competent body shall take all necessary steps to
verify the accuracy of the applications and check that the recti-
fied concentrated musts and the wine alcohol covered by the
aid applications are actually used in the proper way.

2.
The competent body shall pay the aid to the producer
before the end of the wine year concerned, without prejudice
to any delays caused by further checks.

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Se ct i on II

(e) for each batch, the first and last day of the storage period.

A i d fo r t h e ag e i n g o f M a d e i r a l i q u e ur w i n e s an d
A z ore s w i n e

Article 38

Aid for the ageing of Madeira liqueur wines and Azores
1.
‘verdelho’ wine, as provided for in Article 20(5) and Article 31
of Regulation (EC) No 1453/2001, shall be paid for all quanti-
ties of wine placed in storage for the purpose of ageing on the
same date and aged for an uninterrupted period of at least five
years in the case of Madeira and three years in the case of the
Azores.

2.
Aid for the ageing of Madeira liqueur wine and Azores
wine shall be granted to producers in those regions who submit
an application to the competent body during the first two
months of each year.

3.
The aid shall be granted by priority for wine from the
most recent harvest. Applications for wines produced during
previous marketing years
the
maximum quantities laid down in Regulation (EC) No 1453/
2001 are not
reached, with priority being given to the
youngest wines.

accepted where

shall be

4. Where the overall quantity covered by applications
exceeds the maximum quantities laid down in Regulation (EC)
No 1453/2001, a reduction coefficient shall be applied. The
total quantity of product for which a producer submits an aid
application may not exceed that covered for the marketing year
in question by a production declaration as provided for in
Regulation (EC) No 1282/2001.

The Portuguese authorities shall make known to the

5.
Commission:

— the overall quantities
concluded each year,

for which contracts have been

— the detailed rules for applying this paragraph.

Operators wishing to qualify for the aid scheme shall
6.
conclude with the competent body an ageing contract for no
less than five years in the case of Madeira and three years in
the case of the Azores.

Contracts shall be concluded on the basis of an aid appli-
7.
cation submitted once only at the start of the period referred to
above. Applications shall contain at least the following:

(a) the name and address of the applicant producer;

(b) the number of batches covered by the ageing contract and
precise particulars of each batch (in particular the tank
number, the quantity stored, and the exact location);

(c) for each batch, the harvest year, the technical characteristics
of the liqueur wine concerned and, in particular, its total
alcoholic strength, actual alcoholic strength, sugar content,
total acidity and volatile acidity;

8.
Correct performance of the ageing contract shall confer
entitlement to payment of the overall amount of the aid deter-
mined when the contract is signed. In Madeira, one third of the
aid shall be paid in the first, third and fifth years of storage. In
the Azores, one third of the aid shall be paid in each storage
year.

Acceptance of the contract shall be subject to the lodging
9.
of a performance guarantee corresponding to 40 % of
the
overall amount of the aid covering the contract period. The
guarantee shall be lodged in accordance with Commission
Regulation (EEC) No 2220/85 of 22 July 1985 laying down
common detailed rules for the application of the system of
securities for agricultural products (1).

10.
The competent body shall ensure that the terms of the
ageing contract are observed by checking the producers'
records and carrying out on-the-spot inspections.

Performance guarantees shall be released when it

11.
established that the contract has been properly performed.

is

12. Where the competent body finds that the liqueur wine
covered by a contract is unsuitable for offering for sale or using
for direct human consumption, it shall terminate the contract.
Except in cases of force majeure, termination of the contract shall
entail the recovery of aid amounts paid and forfeiture of the
performance guarantee. The circumstances of
force majeure
relied upon shall be notified to the competent body within
three working days following the date on which they occur.

TITLE IV

CHAPTER I

Local marketing

Article 39

Scope

This chapter lays down detailed rules for applying the aid
granted for fruit, vegetables, flowers and live plants harvested
or produced locally and intended to supply the markets of the
respective production regions, as provided for in Article 12(1)
of Regulation (EC) No 1452/2001, Article 5(1) of Regulation
(EC) No 1453/2001 and Article 9(1) of Regulation (EC) No
1454/2001.

Article 40

Entitlement to aid

1.
The lists of the products qualifying for the aid referred to
in Article 39, classified by category, shall be as fixed in column
II of Annexes II, III, IV and V for the French overseas depart-
ments, the Azores, Madeira and the Canary Islands, respec-
tively.

(d) for each batch, the type of container;

(1) OJ L 205, 3.8.1985, p. 5.

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The products shall be covered by supply contracts as
2.
referred to in Article 41 and comply with the standards estab-
lished in accordance with Title I of Regulation (EC) No 2200/
96 as regards fruit and vegetables or, where no such standards
have been adopted, the quality specifications contained in the
contracts.

3.
The aid shall be granted up to the annual quantities for
each product category set out in column III of Annexes II, III,
IV and V.

4.
The aid amounts applicable for each product category
shall be as fixed in columns IV and V of Annexes II, III, IV and
V. The amounts shown in column V shall apply to producer
organisations recognised in accordance with Articles 11 and 14
of Regulation (EC) No 2200/96. The amounts shown in
column IV shall apply to other producers.

5. Where the supply requirements of the French overseas
departments for one or more products so require, the compe-
tent authorities shall grant the aid for the supply to a depart-
ment other than the department
is
harvested.

in which the product

Article 41

Supply contracts

1.
Supply contracts shall be concluded between individual
producers, producer groups or producer organisations on the
one hand and approved operators as referred to in Article 42
on the other hand.

Contracts shall include in particular:

(a) the business names of the parties to the contract;

(b) a precise description of the products covered;

(c) the total quantity to be supplied and the forecast delivery

schedule;

(d) the references and areas of

the parcels on which the
products are grown and the names and addresses of each
grower concerned;

(e) the duration of the undertaking;

(f) the packaging and presentation method and information

relating to transport (conditions and costs);

(g) the exact delivery stage.

2.
Contractors may increase the quantity initially specified in
the contract by no more than 30 %, by means of an amend-
ment in writing to the contract.

3.
Contracts and amendments thereto shall be signed before
the start of the deliveries concerned and before a deadline set
by the competent authorities, which may differ
for each
product.

4.
The competent authorities may adopt additional provi-
sions concerning contracts, in particular regarding compensa-
tion in the event of failure to observe contractual obligations or
to fix a minimum quantity for each contract. Where adminis-

tration of the aid scheme so requires, the competent authorities
may specify marketing periods or years other than those
referred to in Article 53 for each product.

Article 42

Approved operators

Economic operators in the wholesale or retail food trade
1.
or in catering, local authorities and, in the Azores, Madeira and
the Canary Islands, food processors, wishing to participate in
the aid scheme shall submit applications for approval to the
body designated by the competent authorities before a date set
by the latter. That body shall
lay down the conditions for
approval and shall publish each year a list of approved opera-
tors, not less than one month before the deadline for the
signing of contracts.

2.

The approved operators shall give an undertaking to:

(a) market or,

in the case of the Azores, Madeira and the
Canary Islands, process the products covered by the supply
contracts exclusively in the production region;

(b) keep separate accounts covering the performance of the

supply contracts;

(c) provide the competent authorities, at the request of the
latter, with all supporting documentation concerning the
performance of the contracts and fulfilment of the under-
takings made under this Regulation.

Article 43

Declarations

Individual producers, producer groups and producer organisa-
tions wishing to qualify under the aid scheme shall send a
declaration together with a copy of the contract referred to in
Article 41 to the department designated by the competent
authorities before a date set by the latter.

Article 44

Reduction coefficient

the competent authorities shall

1. Where the documents referred to in Article 43 indicate
that the quantities provided for in Article 40(3) are likely to be
exceeded,
fix a provisional
reduction coefficient
to be applied to all aid applications
concerning the category concerned and shall inform the inter-
ested parties thereof. The coefficient, which shall be the ratio
between the quantities shown in column III of Annexes II, III,
IV and V and the quantities covered by the contracts and any
amending clauses, shall be set before any decision is taken to
grant the aid and at the latest one month after the deadline
referred to in Article 41(3).

2. Where paragraph 1 is applied, at
the
marketing year the competent authorities shall establish the
definitive reduction coefficient to be applied to all aid applica-
tions covering the product category concerned submitted
during the marketing year.

the end of

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CHAPTER II

(g) the exact delivery stage.

Marketing outside the production region

S e c ti o n I

R i ce ,

f ru i t , ve g e t ab l e s , p l an t s an d f l ow e r s an d

potat oes

Article 45

Scope

This section lays down detailed rules for applying the following
aid schemes:

(a) the aid referred to in Article 5 of Regulation (EC) No 1452/

2001;

(b) the aid referred to in Article 15 of Regulation (EC) No

1452/2001;

(c) the aid referred to in Article 6 of Regulation (EC) No 1453/

2001;

(d) the aid referred to in Article 30(3) of Regulation (EC) No

1453/2001;

(e) the aid referred to in Article 10 of Regulation (EC) No

1454/2001.

Article 46

Annual contracts

1.
‘Annual contract’ shall mean a contract by which an
operator, either a natural person or a legal entity established
elsewhere in the Community, outside the outermost region of
production, undertakes, before the beginning of the marketing
period for the product or products concerned, to purchase all
or part of the production of an individual producer, a member
of a producer group or a producer organisation in the outer-
most regions, with a view to marketing it outside the produc-
tion region.

2.
Operators who intend to submit an application for aid
shall send the annual contract to the competent French, Portu-
guese or Spanish authorities, as the case may be, before the
start of the marketing period for the product or products
concerned.

Contracts shall include at least the following information:

(a) the business names of the contracting parties and their

places of establishment;

(b) a precise description of the products covered;

(c) the total quantity to be supplied and the forecast delivery

schedule;

(d) the references and areas of

the parcels on which the
products are grown and the names and addresses of each
grower concerned;

(e) the duration of the undertaking;

Contractors may increase the quantity initially specified in the
contract by no more than 30 %, by means of an amendment in
writing to the contract.

3.
The competent authorities shall assess the contracts for
compliance with the relevant provisions referred to in Article
45 and with this section. They shall verify that the contracts
contain all the information specified in paragraph 2. They shall
inform the operator whether Article 48 is likely to be applied.

For the purpose of calculating the aid,

4.
the value of
marketed production, delivered to destination zone, shall be
evaluated on the basis of the annual contract, the particular
transport documents and any other supporting documents
submitted to justify the application for payment. The value of
the marketed production to be taken into account shall be that
of a delivery to the first port or airport of unloading. The
competent authorities may request any information or addi-
tional supporting documentation appropriate for calculating
the aid.

5.
Applications for aid shall be submitted by the buyer or,
in cases as referred to in Article 6 of Regulation (EC) No 1453/
2001, by the seller who has signed an undertaking to market
the aid scheme so
the product. Where administration of
requires,
the competent authorities may specify marketing
periods or years other than those referred to in Article 53 for
each product.

Article 47

Marketing flowers and plants produced in the Azores and
Madeira

1.
For the purposes of Article 6 of Regulation (EC) No
1453/2001 as regards marketing flowers and plants produced
in the Azores and Madeira elsewhere in the Community, indivi-
dual producers, producer groups and producer organisations as
referred to in Articles 11, 13 and 14 of Regulation (EC) No
2200/96 wishing to participate in the aid scheme shall submit
their applications to the body designated by the competent
Portuguese authorities before a date to be determined by the
latter.

That body shall lay down the conditions for approval and shall
publish each year a list of approved individual producers,
producer groups or producer organisations, at least one month
before the beginning of the marketing period.

Individual producers, producer groups and producer orga-
2.
nisations as referred to above wishing to qualify under the aid
scheme shall send a declaration to the office designated by the
competent authorities before the beginning of the marketing
period of the products concerned, undertaking in particular:

(a) to market the flowers and plants only elsewhere in the

Community;

(f) the packaging and presentation method and information

(b) to notify the names of the contracting firms or intermedi-

relating to transport (conditions and costs);

aries and their place of establishment;

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(c) to indicate, in particular:

(b) the standard reduction coefficient shall be calculated as

— the plants and flowers to be marketed,

— the references and areas of the parcels,

identified in
accordance with Articles 4 and 5 of Regulation (EEC)
No 3508/92, on which the products concerned are
grown and, in the case of producer organisations, the
names and addresses of each grower concerned; the
parcel references need not be notified in the case of
dried flowers falling within CN code 0603 90 00;

(d) to indicate the packaging and presentation method and
information relating to transport (conditions and costs) and
the exact delivery stage;

(e) to keep separate accounts covering the conduct of the sales

referred to in this Article;

(f) to provide the competent Portuguese authorities, at the
request of the latter, with all supporting documentation
concerning the conduct of the sales referred to in this
article and fulfilment of the undertakings made under this
Regulation.

For the purpose of calculating the aid,

the value of
3.
marketed production, delivered to destination zone, shall be
evaluated on the basis of the particular transport documents
and any other supporting documents submitted to justify the
application for payment. The value of the marketed production
to be taken into account shall be that of a delivery to the first
port or airport of unloading. The competent authorities may
request any information or additional supporting documenta-
tion appropriate for calculating the aid.

4.
Aid applications shall be submitted by individual produ-
cers, producer groups or producer organisations as referred to
in Articles 11, 13 and 14 of Regulation (EC) No 2200/96 who
have undertaken to market the product. Where administration
of the aid scheme so requires, the competent authorities may
specify marketing periods or years other than those referred to
in Article 53 for each product.

Article 48

Reduction coefficient

1. Where the quantities covered by aid applications for a
given product exceed the volume laid down in Article 15(1) of
Regulation (EC) No 1452/2001 or, in the case of melons falling
within CN code ex 0807 10 90 and pineapples falling within
CN code 0804 30 00, the limit laid down in paragraph 6 of
that Article or the limits laid down in Article 10(2) of Regula-
tion (EC) No 1454/2001, the competent authorities shall deter-
mine a standard percentage reduction to be applied to all aid
applications.

2.

For rice from French Guiana:

(a) if necessary, the competent French authorities shall fix a
standard reduction coefficient to be applied to the applica-
tions concerned to ensure that the quantity for which aid is
granted each year, expressed in terms of milled rice equiva-
lent, does not exceed 12 000 tonnes for all quantities
covered by applications and, within that ceiling, that the
quantities disposed of elsewhere in the Community outside
Guadeloupe and Martinique do not exceed 4 000 tonnes;

follows:

(i) where the total quantity covered by aid applications is
less than 12 000 tonnes but
the quantity of rice
disposed of or marketed elsewhere in the Community
outside Guadeloupe
the
maximum volume of 4 000 tonnes, the coefficient i
obtained from the following formula shall be applied
to the latter quantities only:

and Martinique

exceeds

where:

x = the quantity of rice from French Guiana actually
disposed of and marketed elsewhere in the
Community outside Martinique and Guadeloupe;

(ii) where the total quantity covered by aid applications
exceeds 12 000 tonnes but
rice
disposed of or marketed elsewhere in the Community
the
outside Guadeloupe
maximum volume of 4 000 tonnes, the coefficient j
obtained from the following formula shall be applied
to all quantities:

the quantity of

and Martinique

less

is

where:

y = the total quantity of rice from French Guiana

covered by aid applications;

(iii) where the total quantity covered by aid applications
exceeds 12 000 tonnes and the quantity of
rice
disposed of or marketed elsewhere in the Community
outside Guadeloupe
the
maximum volume of 4 000 tonnes, the coefficient z
obtained from the following formula shall be applied:

and Martinique

exceeds

where:

x = the quantity of rice from French Guiana actually
disposed of and marketed elsewhere in the
Community outside Martinique and Guadeloupe;

i = the reduction coefficient

to be applied to aid
applications for the quantity of rice from French
Guiana actually disposed of and marketed else-
where in the Community other than in Marti-
nique and Guadeloupe referred to at (i),

k = the quantity of rice from French Guiana actually
disposed of and marketed in Martinique and
Guadeloupe.

The competent French authorities shall immediately notify
the Commission when this paragraph is applied, and of the
quantities involved;

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(c) aid shall be paid for quantities actually disposed of and
marketed under an annual contract or contracts in accor-
dance with the applicable provisions;

2. Where the aid is applied for in respect of containers of
less than one litre, a reduction coefficient shall be applied to
take account of the volume of the bottle.

(d) for the purposes of this Article,

the coefficient

for the

processing of:

— paddy rice into wholly-milled rice is fixed at 0,45,

— husked rice into wholly-milled rice is fixed at 0,69,

— semi-milled rice into wholly-milled rice is fixed at 0,93.

Article 49

Joint ventures

The increase in aid provided for in Article 15(4) of Regulation
(EC) No 1452/2001, Article 6(4) of Regulation (EC) No 1453/
2001 and Article 10(4) of Regulation (EC) No 1454/2001 shall
be paid on presentation of proof of the commitments entered
into by the partners for a period of not less than three years to
pool the knowledge and know-how required to achieve the
objective of the joint venture. These commitments shall include
a clause prohibiting cancellation of the contract before the end
of the aforementioned three-year period.

Where the aforementioned commitments are broken,
operator may not submit an application for aid for
marketing year concerned.

the
the

Article 50

Reconsignment and re-export of rice

Products receiving aid under Article 5 of Regulation (EC)
1.
No 1452/2001 may not be exported;
in addition, products
disposed of and marketed in Guadeloupe and Martinique may
not be reconsigned to the rest of the Community.

Products disposed of and marketed elsewhere in the Commu-
nity on which the aid referred to in the first subparagraph has
been paid may not be reconsigned to Guadeloupe, Martinique
or French Guiana.

2.
The competent authorities shall take all the necessary
monitoring measures to ensure compliance with paragraph 1.
Such measures
in particular, unannounced
physical checks. The Member State concerned shall notify the
Commission of the measures taken to this effect.

include,

shall

Se ct i on II

Madei ra w i ne

Article 51

The aid shall be paid to shippers who submit an applica-
3.
tion to the competent body for each lot for the period laid
down by that body.

4.

Applications shall contain at least the following:

— a copy of section 3 of the accompanying administrative
document (AAD), duly completed, with particulars of the
consignor and the consignee (name, address, country), the
volume of wine dispatched in litre equivalent, the customs
code description, the stamp of the Madeira Wine Institute
certifying the product and the stamp of
the Madeira
customs authorities certifying that the product has left the
territory,

— a copy of

the invoice from the carrier/shipping agent

showing the final destination or the marine bill of lading,

— a copy of the invoice to the buyer showing the volume in
litre equivalent, which must correspond to that shown on
the AAD.

TITLE V

STUDIES

Article 52

1.
The contract to carry out the studies referred to in Article
7 of Regulation (EC) No 1453/2001 and in Article 11 of Regu-
lation (EC) No 1454/2001 shall be awarded by invitation to
tender on the responsibility of the competent authorities.

The draft invitation to tender, including the specifications,
2.
shall be sent to the Commission by the competent authorities.
The Commission shall make known its observations,
if any,
within a period of one month following the date of receipt of
the draft.

3.
The competent authorities shall forward the final study to
the Commission, which shall make any comments known
within 45 days following receipt of the study.

The Community's financial contribution shall be paid

4.
subject to:

— compliance with Article 7 of Regulation (EC) No 1453/
2001 or Article 11 of Regulation (EC) No 1454/2001, the
specifications and any observations made,

1.
The aid referred to in Article 20(6) of Regulation (EC) No
1453/2001 shall be granted up to and including the end of the
2005/06 wine year.

— payment of the contribution from the Spanish or Portu-

guese public authorities.

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TITLE VI

GENERAL AND FINAL PROVISIONS

The Member States may adopt additional rules regarding
4.
how producer organisations are to pay the aid covered by Title
IV to their members.

CHAPTER I

Aid applications

Article 53

Marketing years

Marketing years shall run from 1 January to 31 December,
except for wine.

Article 54

Submission of applications and payment of aid

1. Without prejudice to Articles 5, 25, 34 and 36, aid appli-
cations shall be submitted to the office designated by the
competent authorities of the Member State in accordance with
the models established by the latter and within the periods they
have laid down. For the aid covered by Title I, those periods
shall be fixed so as to allow time for the necessary on-the-spot
checks.

Article 55

Correction of obvious errors

An aid application may be adjusted at any time after its submis-
sion, in cases of where the competent authority recognises an
obvious error.

Article 56

Late submission

Except in cases of force majeure and exceptional circumstances
within the meaning of Article 65, submission of an aid applica-
tion after the time limit laid down accordance with Article
54(1) shall
lead to a 1 % reduction per working day in the
amounts to which the grower would have been entitled if the
aid application had been lodged within the time limit. If the
delay amounts to more than 25 calendar days, the application
shall be considered inadmissible.

Each aid application shall include at least the following

2.
information:

Article 57

(a) the surname, forenames and address of the applicant;

Withdrawal of aid applications

(b) for the aid covered by Title I,

the areas cultivated in
hectares and in ares, identified in accordance with Articles
4 and 5 of Regulation (EEC) No 3508/92;

(c) for the aid covered by Chapter I of Title II, the quantity of
pineapples harvested and the quantity covered by the aid
application;

(d) for the aid covered by Chapter III of Title II, applications
shall be accompanied by cane delivery notes drawn up by
the competent bodies or the processing enterprises desig-
nated by France for each department;

An aid application may be totally or partially withdrawn
1.
at any time. However, where the competent authority has
already informed the grower of irregularities in the aid applica-
tion or has given notice to the grower of its intention to carry
out an on-the-spot check, and where this check reveals irregu-
larities, withdrawals shall not be authorised in respect of the
parts of the aid application affected by the irregularities.

2. Withdrawals under paragraph 1 shall return the claimant
to the situation prior to submitting the aid application or part
of the aid application in question.

(e) for the aid covered by Chapter II of Title II, Chapter I of
Title III and Chapters I and II of Title IV, applications shall
be accompanied by grouped or individual invoices and all
other supporting documents relating to the operations
carried out,
references of delivery
contracts, processing contracts or annual contracts.

in particular

the

3. Without prejudice to Articles 6 and 9, after verifying the
aid applications and the relevant supporting documents, the
competent authorities shall pay the aid calculated in accordance
with this Regulation within three months following the end of
the period for lodging applications.

Where more than one harvest is possible during the course of
a calendar year in the context of the crops covered by Chapter
I of Title I, the deadline fixed in the first subparagraph shall
start to run from the end of the period for submitting aid appli-
cations for the last harvest of the year concerned.

CHAPTER II

Checks

Article 58

Verifications shall be carried out by means of administra-
1.
tive and on-the-spot checks. Administrative checks shall be
exhaustive and shall include cross-checks wherever appropriate
with,
inter alia, data from the integrated administration and
control system. Based on a risk analysis, the national authorities
shall perform on-the-spot checks by sampling at least 10 % of
aid applications.

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In all appropriate cases, Member States shall make use of the
integrated administration and control system established by
Regulation (EEC) No 3508/92.

Article 61

Inspection report

For the aid covered by section I of Chapter II of Title III,
2.
checks shall also cover the quantity of cane delivered and
compliance with the minimum price.

Every on-the-spot check shall be the subject of an inspec-
the checks carried out.

1.
tion report relating the details of
Reports shall indicate in particular:

Article 59

(b) the persons present;

(a) the aid schemes and applications checked;

General principles

On-the-spot checks

1.
shall be unannounced. However,
provided that the purpose of the check is not compromised,
advance notice limited to the strict minimum necessary may be
given. Such notice shall not exceed 48 hours, except in duly
justified cases.

2. Where applicable, the on-the-spot checks provided for in
this Regulation shall be carried out at the same time as any
other checks provided for in Community rules.

The application or applications concerned shall be
3.
rejected if growers or their representatives prevent an on-the-
spot check from being carried out.

Article 60

Selection of applications to be checked on the spot

1.
Growers shall be selected to undergo on-the-spot checks
by the competent authority on the basis of a risk analysis and
the representativeness of the aid applications submitted. The
risk analysis shall take account of:

(a) the amount of aid involved;

(b) the number of agricultural parcels, the area covered by the
transported,
quantity

produced,

application
processed or marketed;

the

or

(c) changes from the previous year;

(d) the findings of checks made in past years;

(e) other parameters to be determined by the Member States.

To provide the element of representativeness,
the Member
States shall randomly select between 20 % and 25 % of the
minimum number of growers to be subject to on-the-spot
checks.

2.
The competent authority shall keep records of the reasons
for the selection of each grower for an on-the-spot check. The
inspector performing the on-the-spot check shall be informed
of these reasons before starting it.

(c) the agricultural parcels checked,

the agricultural parcels
measured, the results of the measurements per measured
parcel and the measuring methods used;

(d) the quantities produced, transported, processed or marketed
covered by the check, the findings and the methods used;

(e) whether advance notice was given to the grower of the visit

and, if so, how much;

(f) any further inspection measures carried out.

2.
Growers or their representatives shall be given the oppor-
tunity to sign the report to attest their presence at the check
and to add observations. Where irregularities are found the
grower shall receive a copy of the control report.

Where the on-the-spot check is carried out by remote sensing,
the Member States may decide not to give the growers or their
representatives the opportunity to sign the control report if no
irregularities are revealed during the check by remote-sensing.

CHAPTER III

Consequences of undue payments

Article 62

Recovery of undue payments

1.
If undue payment is made, the grower shall repay the
amount in question plus interest calculated in accordance with
paragraph 3.

The Member States may decide to recover an undue
2.
payment by deducting that amount
from any advances or
payments made to the grower under other aid schemes
following the date of the decision to recover. However, the
grower may repay the amount without waiting for the deduc-
tion.

Interest

shall be calculated for

3.
the period elapsing
between the notification of the repayment obligation to the
grower and either repayment or deduction. The rate of interest
applicable shall be calculated according to the provisions of
national law but shall not be lower than the interest rate applic-
able for the recovery of amounts under the national provisions.

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4. Where the undue payment has been made because of a
false declaration, false documents or serious negligence on the
part of the beneficiary, a penalty shall be imposed equal to the
amount unduly paid, with interest calculated in accordance
with paragraph 3.

5.
The repayment obligation referred to in paragraph 1 shall
not apply if the payment was made by error of the competent
authority itself or of another authority and if the error could
not reasonably have been detected by the grower.

However, where the error relates to factual elements relevant
for the calculation of the payment concerned, the first subpara-
graph shall apply only if
the decision to recover was not
communicated within 12 months of the payment.

6.
The repayment obligation referred to in paragraph 1 shall
not apply if more than 10 years elapse between the date of the
payment of the aid and the date on which the beneficiary is
first notified by the competent authority that the payment
made was undue.

However, the period referred to in the first sentence shall be
limited to four years if the beneficiary has acted in good faith.

7.
Amounts to be recovered as a consequence of reductions
and exclusions applied under this title shall be subject to a
period of limitations of four years.

Paragraphs 5 and 6 shall not apply in the case of

8.
advances.

9.
The Member States may decide not to recover amounts of
EUR 100 or less, not including interest, per grower and per
premium period, provided that their national law provides for
non-recovery in such cases.

10.
The aid recovered shall be paid to the paying agencies
or departments and deducted by them from the expenditure
financed by the European Agricultural Guidance and Guarantee
Fund.

Article 63

If the difference is more than 50 %, the grower shall also be
penalised by an amount equal to the amount refused under the
first subparagraph. That amount shall be withheld from aid
payments under any of the aid schemes covered by this Regula-
tion or to which the grower is entitled under applications
lodged during the three calendar years following the year of the
finding.

Article 64

Exemptions

from the application of

reductions and

exclusions

1.
The reductions and exclusions provided for in this title
shall not apply where growers have submitted factually correct
information or can show otherwise that they are not at fault.

2.
The reductions and exclusions provided for in this title
shall not apply to those parts of an aid application which the
grower informs the competent authority in writing are incor-
rect or have become incorrect since it was lodged, provided
that the competent authority has not already informed the
grower of its intention to carry out an on-the-spot check or of
any irregularity in the application.

On the basis of the information given by the grower as referred
to in the first subparagraph,
the aid application shall be
adjusted to reflect the actual situation.

Article 65

Force majeure and exceptional circumstances

1.
Growers shall notify the competent authority in writing
of cases of force majeure or exceptional circumstances, with rele-
vant evidence to the satisfaction of that authority, within 10
working days of the date on which they are first in a position
to do so.

The competent authority may recognise exceptional

2.
circumstances in cases such as, for example:

Reductions and exclusions in cases of overdeclaration for
area aid

(a) the death of the grower;

1.
In the case of aid covered by Title I, where the area
declared for a group of crops exceeds the area recorded during
the check, the aid shall be calculated on the basis of the area
recorded, minus twice the difference found, where this is more
than 3 % or two hectares but not more than 20 % of the area
determined.

Where the difference found is more than 20 % of the area
recorded, no area aid shall be granted for the group of crops
concerned.

(b) long-term occupational incapacity of the grower;

(c) a severe natural disaster substantially affecting the holding's

agricultural land.

Article 66

Withdrawal of approval

2.
If, in respect of the overall area determined covered by an
aid application under the aid schemes covered by Title I, the
declared area exceeds the area found by more than 30 %, the
aid which the grower could claim under those aid schemes
shall be refused for the calendar year concerned.

The national authorities shall withdraw approval as referred to
in Article 42 where the commitments to which such approval
is subject are not fulfilled. They may suspend the payment of
aid for one or more marketing years depending on the serious-
ness of the irregularities uncovered.

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CHAPTER IV

— of the refineries and distilleries in receipt of aid,

General provisions

Article 67

Additional national measures

— of the aid received and the quantity of sugar syrup,
sucrose syrup or agricultural rum produced by each
refinery or distillery.

2.
Before the beginning of each marketing year, France shall
notify the minimum prices referred to in Title II, fixed in accor-
dance with Article 13 of Regulation (EC) No 1452/2001 for
each category of products set out in Annex I and shall specify
in its implementation report:

The Member States shall adopt all additional measures needed
to apply this Regulation, in particular regarding the checks on
quantities of cane delivered for the purposes of the aid covered
by Chapter III of Title II.

— the quantities of green vanilla and essential oil of geranium
and vetiver qualifying for the aid covered by Chapter II of
Title II,

Article 68

Notifications

The Member States concerned shall notify the Commis-

1.
sion not later than:

(a) 30 April, of the areas covered by applications for aid under
Chapter II of Title I for the current marketing year and for
which the aid has actually been paid;

(b) 31 May:

— of

the areas covered by applications for aid under
Chapter I of Title I for the previous marketing year for
which the aid has actually been paid,

— the quantities covered by contracts for the current
marketing year, broken down by category or product;

(c) 30 June, a report on the implementation of the measures
covered by this Regulation in the preceding marketing year
showing in particular:

— the quantities for which the aid and increased aid
covered by Title III has been paid, broken down by
product set out in part A of Annex II, III or IV,

— the quantities qualifying for the aid covered by Title IV,
broken down by product, and their average value
within the meaning of Article 40(4);

(d) for the aid covered by section II of chapter II of Title III,
following the end of each

within 45 working days
marketing year, Portugal shall notify the Commission:

— of the areas and the overall amount for which the flat-

rate aid per hectare has been requested and paid,

— of

the quantities of white sugar produced and the

overall amount of the special processing aid paid;

(e) for the aid covered by section I of Chapter II of Title III,
the end following the end of each
within 45 days of
calendar year, France and Portugal shall notify the Commis-
sion:

— of the total quantities of sugar syrup, sucrose syrup and
agricultural rum covered by aid applications, expressed
as white sugar or hectolitres of pure alcohol,

— the quantities of

raw materials qualifying for

the aid
covered by Chapter I of Title III, broken down by product
in part A of Annex I, and the quantities,
as set out
expressed in net weight, of finished products broken down
in accordance with part B of Annex I.

3.
Portugal shall notify the Commission before 1 November
each year of the quantities of pineapples harvested for which
aid has been paid.

4.
The Member States shall inform the Commission immedi-
ately of cases which they recognise as force majeure or excep-
tional circumstances justifying continued entitlement to the aid.

For the aid covered by Chapter III of Title II, France shall

5.
notify the Commission:

(a) within four months following the entry into force of this

Regulation:

— of the criteria for determining the unit amounts granted

to producers,

— of the additional measures adopted under Article 67;

(b) in the annual report provided for in Article 27 of Regula-

tion (EC) No 1452/2001, for each department:

— of the total quantities of cane, expressed in tonnes,

covered by aid applications,

— of the total amount of the aid and the variation in the

amounts of aid per tonne transported,

— of any changes to the criteria and additional measures

referred to in point (a).

Article 69

Producer

organisations

in
departments

the

French

overseas

Annex I to Regulation (EC) No 412/97 is hereby replaced by
Annex VI to this Regulation

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CHAPTER V

Final provisions

Article 70

Repeal

Regulations (EEC) No 980/92, (EEC) No 2165/92, (EEC) No
(EC) No
2311/92,
1524/98,
(EC) No
738/2002, (EC) No 1410/2002 and (EC) No 1491/2002 are
hereby repealed.

(EEC) No 3491/92,
(EC) No 2477/2001,

(EEC) No 3518/92,
(EC) No 396/2002,

It shall apply from 1 January 2002, except for the aid referred
to in Article 1(b), (c), (f) and (g) and the aid for bananas other
than plantains produced in French Guiana and Réunion granted
under Chapter I of Title IV, which shall apply from 1 January
2002.

Article 53 shall not apply to annual contracts concluded before
the entry into force of this Regulation under Article 15 of
Regulation (EC) No 1452/2001, Article 6 of Regulation (EC)
No 1453/2001 or Article 10 of Regulation (EC) No 1454/
2001.

Article 71

Entry into force and application

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

For 2003, for the purposes of determining the amount of aid
to be granted under Article 12(1) of Regulation (EC) No 1452/
2001, Article 5(1) of Regulation (EC) No 1453/2001 and
Article 9(1) of Regulation (EC) No 1454/2001, the beneficiary's
status shall be assessed at the time the aid application is lodged.

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

Done at Brussels, 23 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

FRENCH OVERSEAS DEPARTMENTS

Products referred to in Article 13 of Regulation (EC) No 1452/2001

Part A

Maximum quantities per marketing year as referred to in Article 13(2) of Regulation (EC) No 1452/2001

Amounts of aid as referred to in Article 13(2) of Regulation (EC) No 1452/2001

Column I

Product
categories

Column II

Column III

Column IV

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

ex 0703 10

Onions for rougail and achards

ex 0706 10 00

Carrots for rougail and achards

ex 0709 90 90

Chayotes, breadfruit

0803 00 11

Plantains (all French overseas departments)

A

0803 00 19

Bananas other than plantains (French Guiana
and Réunion)

8 320

216

0804 30 00

Pineapples (except Martinique)

0810 10

Strawberries

ex 0810 90 95

Strawberry guavas

ex 0810 90 95

Ambarellas

ex 0704 90

Cabbage for rougail and achards

ex 0709 90 90

Turban squash

0714 10

Manioc

0714 20 10

Sweet potatoes

ex 0714 90

ex 0805 20

Dachines

Tangor mandarins

B

0805 50 90

Limes

0807 20 00

Pawpaws

ex 0810 90 30

Jackfruit,

lychees, rambutans

ex 0810 90 40

Carambolas

ex 0810 90 95

Antilles apricots, Surinam cherries, soursops

ex 0804 50 00

Guavas

0703 20 00

Garlic for rougail and achards

0709 60 99

Peppers

0708 20 00

Beans for rougail and achards

C

ex 0714 90

ex 0804 50 00

ex 0805 90 00

Yams

Mangoes

Combava

ex 0810 90 40

Passion fruit, maracujas and granadillas

1 550

354

560

412

11.1.2003

EN

Official Journal of the European Communities

L 7/47

Products as referred to in Article 13(2)

Part B

CN code

Product

ex 0710

ex 0712

ex 0714

2001

Vegetables, frozen, uncooked

Dried vegetables

Dried vegetables

Fruit and vegetables preserved in vinegar or acetic acid

2004 90 98

Frozen vegetables

ex 2005 90

ex 2006 00

2007

ex 2008

2009

2008 20

Vegetable preserves and vegetables, vacuum sterilised

Fruit preserved in sugar

Jams, fruit jellies, marmalades, fruit or nut puree and paste

Fruit pulps

Fruit juices

Pineapples (except in Martinique)

L 7/48

EN

Official Journal of the European Communities

11.1.2003

ANNEX II

FRENCH OVERSEAS DEPARTMENTS

Products as referred to in Article 12(1) of Regulation (EC) No 1452/2001

Maximum quantities as referred to in Article 12(1) of Regulation (EC) No 1452/2001 per period from 1 January to 31
December

FRUIT AND VEGETABLES

Column I

Product
categories

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonnes)

0701 90

ex 0706 10

Potatoes

Carrots

ex 0707 00 05

Cucumbers

0709 90 90

Chayotes, breadfruit

A

0803 00 11

Plantains (all French overseas departments)

7 800

80 (1)

160

0803 00 19

Bananas other
Guiana and Réunion)

than plantains

(French

0804 30 00

Pineapples

0807 11 00 Water melons

0702 00 00

Tomatoes

ex 0703 10

ex 0704

ex 0705

Onions

Cabbage

Lettuce

0709 90 10

Salad vegetables other than lettuce and
chicory

0709 30 00

Aubergines

0714 20 10

Sweet potatoes

0709 90 70

Courgettes

ex 0714 90 11

Dasheens, taro

B

ex 0709 60 10

Sweet peppers

13 000

120 (2)

241

ex 0709 60 99

Other peppers

ex 0709 90 90

Turban squash

0804 40 00

Avocados

ex 0804 50 00 Mangoes

ex 0805

Citrus fruit (oranges, mandarins,
and limes, grapefruit and pomelos)

lemons

0807 19 00 Melons

0807 20 00

Papayas

ex 0810 90 30

Lychees, rambutans

ex 0810 90 85

Strawberry guavas

0703 20 00

Garlic

0708 20

0810 10

Green beans

Strawberries

ex 0810 90 40

Passion fruit, maracuja, granadilla

C

0809 30

ex 0714 90

Peaches

Yams

0709 90 90

Gombo

ex 0910 10

Ginger

ex 0910 30 00

Turmeric (curcuma)

700

158 (3)

315

11.1.2003

EN

Official Journal of the European Communities

L 7/49

(1) However, the aid shall be:

— EUR 120/tonne for 2003,
— EUR 96/tonne for 2004.

(2) However, the aid shall be:

— EUR 180/tonne for 2003
— EUR 145/tonne for 2004.

(3) However, the aid shall be:

— EUR 236/EUR/tonne for 2003,
— EUR 189/tonne for 2004.

Column I

Product
categories

A

FRESH CUT FLOWERS

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(units)

Aid
(EUR/1 000 units)

ex 0603 10 80

flowers

(standard anthurium,
Tropical
alpinas, heliconias, porcelain rose, strelit-
zias)

ex 0604 99 90

Foliage (arecas, cariotas)

0602 90 91

Flowering plants with buds or flowers

ex 0603 10 80

Tropical
Canna indica)

flowers

(hybrid

anthurium,

2 640 000

150

157

ex 0603 10 30

Orchids

C

0603 10 10

Roses

2 500 000

300

315

ex 0604 99 90

Foliage (dracaena, alocasia)

0602 90 91

Flowering plants (geranium, pelargonium,
begonia, …)

L 7/50

EN

Official Journal of the European Communities

11.1.2003

ANNEX III

AZORES

Products as referred to in Article 5 of Regulation (EC) No 1453/2001

Maximum quantities as referred to in the fourth subparagraph of Article 5(1) of Regulation (EC) No 1453/2001 per
period from 1 January to 31 December

FRUIT AND VEGETABLES

Column I

Product
categories

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

0709 90 90

Other fruit and vegetables not mentioned
elsewhere

0701 90

Other potatoes

0703 10 19

Shallots

0704 10 00

Cauliflowers and headed broccoli

0704 90 90

Other cauliflowers not mentioned else-
where

0704 90 10

Red cabbages

0704 10

Cauliflowers

0704 90 90

Chinese cabbages

A

0709 70 00

Spinach

60 000

100

200

0708 90 00

Other leguminous vegetables

0706 10 00

Turnips

0713 33

Kidney beans

0804 40 00

Avocados

0803 00

Bananas

0804 50 00

Guavas

0805 10

0805 20

0805 50

Oranges

Mandarins/tangerines

Lemons

0703 90 00

Leeks

0709 40 00

Celery

0705

Lettuces and chicory

0709 90 20

Chard

0706 90 90

Beetroot

B

0714 20

Sweet potatoes

0714 90 90

Other potatoes

0706 90 90

Radishes

0707 00 05

Cucumbers

0709 90 60

Sweetcorn

0709 60

Peppers

0709

Other vegetables

10 000

150

300

11.1.2003

EN

Official Journal of the European Communities

L 7/51

Column I

Product
categories

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

0709 90

0703 20 00

0709 90 90

Other

Garlic

Other

0708 10 00

Peas

0708 20 00

Green beans

0709 90 90

Other

0709

0810

0808 10

0810

C

Other vegetables not mentioned elsewhere

Other fresh fruit

Apples

Kiwi

7 000

200

400

0805 20

Clementines

0805 30 90

Limes

0807 19 00

Other melons

0810

0810

0810

Maracujas

Strawberries

Other fresh fruit

0807 20 00

Papayas

0806 10 10

Table grapes

0802 40 00

Chestnuts

Column I

Product
categories

A

B

C

A

A

Column I

Product
categories

A1

A2

Column II

Column III

Columna IV

Columna V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

0902

0902

0902

0904

Orange pekoe tea

Pekoe tea

Broken leaf tea

Peppers

0409 00

Honey

10

10

5

20

110

1 480

2 960

1 090

2 180

440

230

250

880

460

500

LIVE PLANTS AND FLOWERS

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

Category A: Bulbs and rhizomes

0601 10

Bulbs and rhizomes with a value of
EUR 0,10 to EUR 0,15 each

100 000

0,010

0,015

0601 10

Bulbs and rhizomes with a value of
EUR 0,16 to EUR 0,30 each

100 000

0,015

0,020

L 7/52

EN

Official Journal of the European Communities

11.1.2003

Column I

Product
categories

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

B1

B2

B3

B4

C1

C2

C3

C4

D1

D2

D3

D4

0602

0602

0602

0602

0603 10

0603 10

0603 10

0603 10

0604

0604

0604

0604

Category B: Live flowers, cuttings and grafts

Live flowers, cuttings and grafts with a
value of EUR 1 to EUR 3 each

46 000

0,20

0,25

Live flowers, cuttings and grafts with a
value of EUR 3,01 to EUR 5 each

10 000

0,40

0,45

Live flowers, cuttings and grafts with a
value of EUR 5,01 to EUR 10 each

1 000

0,70

0,75

Live flowers, cuttings and grafts with a
value of EUR 10,01 to EUR 20 each

1 000

1,5

1,75

Category C: Fresh flowers

Fresh flowers with a value of EUR 0,20 to
EUR 0,40 each

65 000

0,030

0,035

Fresh flowers with a value of EUR 0,41 to
EUR 0,70 each

30 000

0,055

0,060

Fresh flowers with a value of EUR 0,71 to
EUR 1,5 each

25 000

0,22

0,30

Fresh flowers with a value greater than
EUR 1,5 each

20 000

0,50

0,55

Category D: Foliage, leaves and branches, fresh and dried

leaves and branches,

Foliage,
fresh and
dried, with a value of EUR 0,05 to
EUR 0,15 each

leaves and branches,

fresh and
Foliage,
dried, with a value of EUR 0,16 to
EUR 0,30 each

leaves and branches,

Foliage,
fresh and
dried, with a value of EUR 0,31 to
EUR 0,50 each

leaves and branches,

Foliage,
fresh and
dried, with a value greater than EUR 0,51
each

725 000

0,10

0,15

25 000

0,22

0,25

10 000

0,40

0,45

10 000

0,50

0,55

11.1.2003

EN

Official Journal of the European Communities

L 7/53

ANNEX IV

MADEIRA

Products as referred to in Article 5 of Regulation (EC) No 1453/2001

Maximum quantities as referred to in the fourth subparagraph of Article 5(1) of Regulation (EC) No 1453/2001 per
period from 1 January to 31 December

FRUIT AND VEGETABLES

Column I

Product
categories

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

ex 0703 10 19

Other onions

ex 0706 10 00

Carrots

ex 0706 10 00

Turnips

A

ex 0706 90 90

Other

1 500

100

200

ex 0714 20

Sweet potatoes

ex 0714 90 90

Yam

0807 11

Water melons

ex 0703 90 00

Leeks

ex 0704 90 90

Other cabbages

ex 0706 90 90

Beetroot

ex 0708 90 00

Broad beans

0709 90 60

Sweetcorn

0709

Other vegetables not mentioned elsewhere

B

0805 10

Oranges

0805 50 10

Lemons

0808 10

Apples

0808 20 50

Pears

ex 0809 30

Peaches

0809 40 05

Plums

0810

Other non tropical fruit not mentioned
elsewhere

0702 00 00

Tomatoes

0704 10 00

Cauliflowers and broccoli

ex 0705

Lettuces

0707 00 05

Cucumbers

0708 10 00

Peas

0709 90 10

Salad vegetables

0709 90 70

Courgettes

1 000

125

250

C

ex 0709 90 90

Other fruit and vegetables

750

150

300

ex 0802 40 00

Chestnuts

0804 30 00

Pineapples

ex 0804 40 00

Avocados

ex 0804 50 00

Guavas

ex 0805 20 50 Mandarins

0809 10 00

Apricots

0810 50 00

Kiwi

L 7/54

EN

Official Journal of the European Communities

11.1.2003

Column I

Product
categories

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

0703 20 00

Garlic

0708 20 00

Beans

ex 0709 60 10

Sweet peppers

ex 0709 90 90

Other fruit and vegetables not mentioned
elsewhere

0802 31 00 Walnuts in shell

D

ex 0804 50 00 Mangoes

0805 20 70

Tangerines

0806 10 10

Fresh table grapes

0807 20 00

Papayas

0809 20 95

Cherries

0810 10 00

Strawberries

ex 0810 90 40

Passion fruit

ex 0810 90 95

Other tropical fruit

250

150

300

E

0701 90

Potatoes

10 000

80

240

FRESH CUT FLOWERS

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(units)

Aid
(EUR/1 000 units)

Column I

Product
categories

A

B

C

D

E

0603 10 10

Roses

0603 10 20

Carnations

Gladioli

0603 10 40

Chrysanthemums

Other (fresh)

0603 10 50

Other (not fresh)

0603 10 80

0603 90 00

ex 0603 10 80

Heliconias

0603 10 80

Proteas

0603 10 30

Orchids

0603 10 80

Anthuriums

500 000

100

200

400 000

150 000

120

120

650 000

140

240

240

280

280

0603 10 80

Strelitzias

400 000

140

11.1.2003

EN

Official Journal of the European Communities

L 7/55

ANNEX V

CANARY ISLANDS

Products as referred to in Article 9 of Regulation (EC) No 1454/2001

Maximum quantities as referred to in the fourth subparagraph of Article 9(1) of Regulation (EC) No 1454/2001 per
period from 1 January to 31 December

Amounts of aid as referred to in Article 9(1) of Regulation (EC) No 1454/2001

FRUIT AND VEGETABLES

Column I

Product
categories

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

ex 0703 10

Onions

0704 90

Cabbage

0709 90 60

Sweetcorn

ex 0709 90 90

Pumpkins

A

ex 0709

Other vegetables not mentioned elsewhere

16 320

40

120

0805 40 00

Grapefruit

0805 50 10

Lemons

0807 11 00 Water melons

ex 0807 19 00 Melons

0703 20 00

Garlic

ex 0703 90 00

Leeks

0704 10 00

Cauliflowers

0705

Lettuces and chicory

ex 0706 10 00

Carrots

0707 00 05

Cucumbers

0709 30 00

Aubergines

0709 40 00

Celery

ex 0709 60 10

Peppers

0709 90 20

Chard (silver beet) and cardoons

B

0709 90 70

Courgettes

0714 20

0805 10

Sweet potatoes

Oranges

ex 0805 20

Mandarins

0806 10 10

Table grapes

0808 10

0808 20

Apples

Pears

0809 10 00

Apricots

0809 30

Peaches and nectarines

0809 40 05

Plums

ex 0810 90 95

Other non-tropical
elsewhere

fruit not mentioned

32 830

90

180

L 7/56

EN

Official Journal of the European Communities

11.1.2003

Column I

Product
categories

C

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(tonnes)

Aid
(EUR/tonne)

0708 20 00

Green beans

ex 0709 70 00

Spinach

ex 0709 90

Cress

ex 0802

Almonds

0804 20 10

Fresh figs

0804 30 00

Pineapples

0804 40 00

Avocados

ex 0804 50 00 Mangoes

0807 20 00

Papayas

0810 10 00

Strawberries

14 550

120

210

ex 0810 90 95

Barbary figs and other tropical fruits not
mentioned elsewhere

D

0701 90

Potatoes harvested from 1 April to 31
December

30 000

60

150

FLOWERS AND LIVE PLANTS

Column I

Product
categories

Column II

Column III

Column IV

Column V

CN code

Product

Quantities
(units)

Aid
(EUR/1 000
units)

A

0602 90 45

Cuttings

24 000 000

10

Category A: Cuttings

Category B: Flowers

B 1

ex 0603 10

Flowers with a value of EUR 0,07 to
EUR 0,15 each

8 000 000

B 2

ex 0603 10

Flowers with a value of EUR 0,16 to
EUR 0,45 each

6 000 000

B 3

ex 0603 10

Flowers with a value of EUR 0,46 to
EUR 1,20 each

1 090 000

18

40

60

Category C: Plants

C 1

ex 0602 90

Plants with a value of EUR 0,15 to
EUR 0,45 each

2 500 000

45

C 2

ex 0602 90

Plants with a value of EUR 0,46 to
EUR 1,50 each

1 000 000

222

C 3

ex 0602 90

Plants with a value of EUR 1,51 to
EUR 3,00 each

750 000

456

C 4

ex 0602 90

Plants with a value of EUR 3,01 and
above each

500 000

601

11

19

44

66

48

240

480

637

11.1.2003

EN

Official Journal of the European Communities

L 7/57

RECOGNITION CRITERIA FOR PRODUCER ORGANISATIONS OTHER THAN FOR CITRUS FRUITS

ANNEX VI

Member States or specific regions

Belgium, Germany, Spain (except Balearic Islands and
departments),
Canaries),
Greece (1), Italy, Netherlands, Austria, United Kingdom
(except Northern Ireland)

overseas

(except

France

Denmark, Ireland, Northern Ireland, Greece (2), Balearic
(except Madeira and
and Canary Islands, Portugal
Azores)

Finland, Sweden, Greece (Nomoi
under (1) and (2))

(regions) other than

Greece (islands), Luxembourg, Madeira and Azores,
French overseas departments

Producer organisations
Article 11(1)(a)
categories (i) to (iv)

Producer organisations
Article 11(1)(a)
categories (vi) and (vii)
and Article 11(3)

Minimum
number of
producers

Minimum
volume
(EUR million)

Minimum
number of
producers

Minimum
volume
(EUR million)

40 or
15 or
5

15 or
5

10 or
5

5

1,5
2,5
3

0,5
1

0,25
0,5

0,1

5

0,25

5

0,1

(1) Nomoi: Imathias, Pellas, Artas, Argolidas, Korinthias, Viotias, Serron, Kavallas.
(2) Nomoi: Larisas, Magnisias, Karditsas, Evrou, Thessaloniki, Prevezas, Kilkis, Pierias, Lakonias, Kastorias.