Proposal for a Council Regulation on the common organisation of the market in raw tobacco (Codified version)
Date: 2003-05-12
Institutions: European Commission
Subjects: codification of EU law, common organisation of markets, tobacco

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.5.2003
COM(2003) 243 final

2003/0096 (CNS)

Proposal for a

COUNCIL REGULATION

on the common organisation of the market in raw tobacco

(Codified version)

(presented by the Commission)

EXPLANATORY MEMORANDUM

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more
accessible to the ordinary citizen, thus giving him new opportunities and the chance
to make use of the specific rights it gives him.

This aim cannot be achieved so long as numerous provisions that have been amended
several times, often quite substantially, remain scattered, so that they must be sought
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable
research work, comparing many different instruments, is thus needed to identify the
current rules.

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also
essential if Community law is to be clear and transparent.

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all
legislative measures should be codified after no more than ten amendments, stressing
that this is a minimum requirement and that departments should endeavour to codify
at even shorter intervals the texts for  which  they  are  responsible,  to  ensure that the
Community rules are clear and readily understandable.

The  Conclusions  of 
the  Edinburgh  European  Council
(December 1992) confirmed this2, stressing the importance of codification as it offers
certainty as to the law applicable to a given matter at a given time.

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community
legislative procedure.

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by
codification, the European Parliament, the Council and the Commission have agreed,
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated
procedure may be used for the fast-track adoption of codification instruments.

The purpose of this proposal is to undertake the codification of Council Regulation
(EEC)  No  2075/92  of  30  June  1992  on  the  common  organization  of  the  market  in
raw tobacco3. The new Regulation will supersede the various actsincorporated in it4;
their content is fully preserved, and they are brought together with only such formal
amendments as are required by the codification exercise itself.

COM(1987) 868 PV.
See Annex 3 to Part A of the Conclusions.
Carried out pursuant to the Communication from the Commission to the European Parliament and the
Council – Codification of the Acquis communautaire, COM(2001) 645 final.
See Annex II to this proposal.

1.

2.

3.

4.

1

2

3

4

2

                                                
5.

The codification proposal was drawn up on the basis of a preliminary consolidation,
in  all  official  languages,  of  Regulation  (EEC)  No  2075/92  and  the  instruments
amending  it,  carried  out  by  the  Office  of  Official  Publications  of  the  European
Communities,  by  means  of  a  data-processing  system.  Insofar  as  the  Articles  have
been  given  new  numbers,  the  correlation  between  the  old  and  the  new  numbers  is
shown in a table contained in Annex III to the codified Regulation.

3

(cid:1) 2075/92 (adapted)

Proposal for a

COUNCIL REGULATION

on the common organisation of the market in raw tobacco

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Articles (cid:2) 36 (cid:3) and (cid:2) 37 (cid:3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament5,

Having regard to the opinion of the European Economic and Social Committee6,

Whereas:

(1) 

Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization
of  the  market  in  raw  tobacco7  has  been  substantially  amended  several  times8.  In  the
interests of clarity and rationality the said Regulation should be codified.

(cid:1) 

(2) 

The operation and development of the common market for agricultural products must
be  accompanied  by  the  establishment  of  a  common  agricultural  policy  to  include  in
particular a common organisation of markets which may take various forms depending
on the product.

(cid:1) 2075/92 Recital (1)

5

6

7

8

OJ C […].
OJ C […].
OJ  L  215,  30.7.1992,  p.  70.  Regulation  as  last  amended  by  Regulation  (EC)  No  546/2002  (OJ  L  84,
28.3.2002, p. 4).
See Annex II.

4

                                                
(3) 

(4) 

(cid:1) 2075/92 Recital (2) (adapted)

It  is  the  purpose  of  the  common  agricultural  policy  to  achieve  the  objectives  of
Article (cid:2) 33 (cid:3)  of  the  Treaty,  and,  in  particular  in  the  raw  tobacco  sector,  the
stabilisation  of  markets  and  a  fair  standard  of  living  for  the  agricultural  population
concerned. These objectives may be achieved by adapting resources to requirements,
in particular by means of a quality policy.

(cid:1) 2075/92 Recital (3) (adapted)

The present situation on the tobacco market, on which supply does not correspond to
demand, calls for a limitation of production in line with the requirements of the market
and  the  demands  of  the  budget,  and  stronger  means  of  control  to  ensure  that  the
management  mechanisms  fully  achieve  the  objectives  of  the  common  market
organisation.

(5) 

Tobacco  varieties  can  be  classified  in  groups  according  to  cultivation  technique  and
production costs, taking account of the descriptions used in international trade.

(cid:1) 2075/92 Recital (4)

(6) 

Competition  on  the  tobacco  market  calls  for  some  support  of  traditional  tobacco
producers. Such support should be based on a premium system allowing the disposal
of tobacco in the Community.

(cid:1) 2075/92 Recital (5)

(cid:1) 1636/98 Recital (4) (adapted)

(7) 

In order to encourage improvement of the quality and value of Community production,
and at the same time to provide income support to producers, the payment of part of
the premium should be linked to the value of the tobacco produced. The extent of this
differentiation may vary by variety and tobacco-growing Member State.  If it is to be
effective, differentiation should operate within a certain range. This system should be
established within the producer groups, while permitting a comparison to be made of
the market prices obtained by individual producers.

(8) 

The  premium  system  can  be  managed  efficiently  by  means  of  cultivation  contracts
between growers and first processors which guarantee stable outlets to the growers and
regular supplies to the processor.

(cid:1) 2075/92 Recital (6) (adapted)

5

(9) 

It is essential to reinforce control procedures in the tobacco sector. The definitions of
‘producer’,  ‘first  processor’  and  ‘first  processing’  should  be  made  more  precise  and
control agencies should be allowed access to all information relevant to their task.

(cid:1) 1636/98 Recital (5)

(10)  An  auction  system  for  cultivation  contracts  should  be  established  so  that  contract
prices for tobacco truly reflect market conditions. This system should be optional for
the Member States, to take account of their different structures.

(cid:1) 1636/98 Recital (6)

(11) 

In order to limit Community tobacco production and to discourage the production of
varieties  which  are  not  readily  disposed  of,  a  maximum  global  guarantee  threshold
should be laid down for the Community and divided annually into specific guarantee
thresholds for the respective groups of varieties.

(cid:1) 2075/92 Recital (7)

(cid:1) 2075/92 Recital (8)

(12)  To ensure that the guarantee thresholds are observed, a processing quota system must
be  instituted  for  a  limited  period.  For  a  transitional  period  the  Member  States  must
allocate, within the guarantee thresholds, processing quotas to the firms concerned, the
Community rules laid down for the purpose being applied to ensure fair allocation on
the basis of quantities processed in the past, but disregarding any abnormal production
levels. The necessary measures will be taken to permit the quotas to be allocated to the
producers subsequently,  under satisfactory  conditions.  Member  States  possessing  the
necessary data to allocate quotas to producers on the basis of past performance, should
be authorised to do so.

(13)  First  processors  must  not  conclude  cultivation  contracts  for  quantities  exceeding  the
quotas  allocated.  Reimbursement  of  the  premium  must  be  limited  to  an  amount
corresponding to the quota.

(cid:1) 2075/92 Recital (9)

(14)  Measures to orientate production can help to stabilise the tobacco market and improve
the  quality  of  production.  In  particular,  specific  aid  will  enable  producer  groups  to
contribute towards the improvement of the organisation and orientation of production.

(cid:1) 2075/92 Recital (11) (adapted)

6

(cid:1) 546/2002 Recital (5) (adapted)

(15)  The  Treaty  requires  that  a  high  level  of  human  health  protection  be  ensured  in  the
definition  and  implementation  of  all  Community  policies  and  activities.  In  the
framework of the strategy for sustainable development in the (cid:2) Community (cid:3), the
economic, social and environmental consequences of every policy must be taken into
account.  In  the  raw  tobacco  producing  regions,  it  is  consequently  advisable  to
implement actions aimed at developing new sources of income and economic activity
for the growers. In order to achieve this goal a measure to support specific initiatives
allowing  tobacco  growers  to  switch  from  tobacco  into  other  crops  and  economic
activities creating employment (cid:2) should be instituted (cid:3).

(cid:1) 546/2002 Recital (6)

(16) 

It is also advisable to increase the deduction used to finance the Fund to 3% in 2003 in
order to strengthen the budgetary means available for financing information measures
on the  harmful  effects  of  tobacco  consumption  and  initiatives  to  convert  production.
This latter measure, which is a new priority, could be implemented nationally as part
of specific conversion measures and would accompany and develop synergies with the
quota buy-back programme. For the 2004 harvest, if necessary, the deduction could be
increased up to 5% according to the use of the Fund's appropriations, on the basis of a
report drawn up by the Commission.

(17)  Quotas  buy-back  arrangements  should  be  introduced  to  help  producers  who  wish  to

leave the sector but find no purchasers for their quotas.

(cid:1) 1636/98 Recital (9)

(18)  The establishment of a single market requires a single system of trade at the external

frontiers.

(cid:1) 2075/92 Recital (12)

(19)  Quantitative restrictions at the Community's external frontiers can be dispensed with.
However, should exceptional circumstances arise, in order not to leave the Community
market without protection against any disturbance, the Community should be able to
take all the necessary measures without delay.

(cid:1) 2075/92 Recital (13)

7

(cid:1) 3290/94 Recital (2) (adapted)

(20)  Under  the  Uruguay  Round  of  multilateral  trade  negotiations,  the  Community  has
negotiated  various  agreements.  Several  of  those  agreements  concern  agriculture,  in
particular the Agreement on Agriculture (hereinafter referred to as ‘the Agreement’)9.
The concessions relating  to  domestic  support can be  complied  with  by  setting prices
and  aid  at  a  suitable  level  and  specific  provisions  need  not  be  laid  down  on  this
subject. The Agreement lays down a six-year timetable for the extension of access to
the Community market for agricultural products from third countries on the one hand
and  the  gradual  reduction  in  support  granted  by  the  Community  on  exports  of
agricultural products on the other hand.

(cid:1) 3290/94 Recital (3)

(21)  By  converting  all  the  measures  restricting  imports  of  agricultural  products  into
customs duties (tarification) and by prohibiting the application of such measures in the
future, the Agreement requires the abolition of variable import levies and of the other
measures  and  import  charges  currently  provided  for  under  the  market  organisations.
The rates of  customs  duty  applicable  to  agricultural  products  in  accordance  with  the
Agreement are to be fixed in the Common Customs Tariff.

(22)  Unforeseen market circumstances may necessitate the adoption by the Commission of

exceptional market support measures.

(cid:1) 2075/92 Recital (14) (adapted)

(23)  The achievement of a single market would be jeopardised by the grant of certain aids.
The Treaty provisions governing the appraisal of aids granted by Member States and
the prohibition of aids incompatible with the common market should be applied to the
tobacco sector.

(cid:1) 2075/92 Recital (15)

(24)  Experience  shows  that  more  stringent  controls  in  the  tobacco  sector  are  essential.  In
appropriate  cases  certain  powers  of  control  could  be  assigned  to  an  independent
supervisory agency to deal with the specific requirements of the tobacco market.

(cid:1) 2075/92 Recital (17)

9

OJ L 336, 23.12.1994, p. 22.

8

                                                
(25) 

(cid:1) 2075/92 Recital (16) (adapted)
(EC)  No  (cid:2) 1258/1999 (cid:3)  of
In  accordance  with  Council  Regulation 
(cid:2) 17 May 1999 (cid:3)  on  the  financing  of  the  common  agricultural  policy10,  the
Community should bear  financial  responsibility for expenditure  incurred  by  Member
States pursuant to this Regulation.

(26)  The  common  organisation  of  the  tobacco  market  must  take  account,  simultaneously
and appropriately, of the objectives laid down in Article (cid:2) 33 (cid:3) and (cid:2) 131 (cid:3) of
the Treaty.

(cid:1) 2075/92 Recital (18) (adapted)

(cid:1)

(27)  The  measures  necessary  to  implement  this  Regulation  should  be  adopted  in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission11 ,

HAS ADOPTED THIS REGULATION:

(cid:1) 2075/92 (adapted)

(cid:1) Chapter 1
Scope (cid:2)

Article 1

The common organisation of the market in raw tobacco shall comprise rules on:

(cid:2) a) (cid:3) a premium system;

(cid:2) b) (cid:3) measures to orientate and limit production;

(cid:2) c) (cid:3) arrangements for trade with third countries.

The  common  organisation  shall  cover  raw  or  unmanufactured  tobacco  and  tobacco  refuse
falling within CN heading 2401.

10

11

OJ L 160, 26.6.1999, p. 103.
OJ L 184, 17.7.1999, p. 23.

9

                                                
(cid:1) 2075/92

Article 2

Raw tobacco varieties shall be classified in the following groups:

a)

flue-cured:

tobacco dried in ovens with controlled air circulation, temperature and humidity;

b)

light air-cured:

tobacco dried in the air under cover, not left to ferment;

c)

dark air-cured:

tobacco dried in the air under cover, left to ferment naturally before being marketed;

d)

sun-cured:

tobacco dried in the sun;

e)

fire-cured:

tobacco dried by fire;

Basma (sun-cured);

Katerini (sun-cured);

Kaba-Koulak (classic) and similar (sun-cured).

f)

g)

h)

The (cid:2) classification of (cid:3) varieties (cid:2) by (cid:3) group are listed in Annex I.

(cid:1) 2075/92 (adapted)

10

 (cid:1) CHAPTER (cid:2) II
Premium system

Article 3

1.

A premium scheme shall apply to  tobacco, its amount being set for  all  the  tobacco
varieties shown in each of the different groups.

(cid:1) 1636/98 Article 1 point 1
(adapted)

(cid:1) 660/1999 Article 1 (adapted)

A  supplementary  amount  shall,  however,  be  granted  on  flue-cured,  light  air-cured
and dark air-cured tobaccos grown in Belgium, Germany, France and Austria. That
amount shall be equal to 65% of the difference between  the premium applicable to
the 1998 harvest and the premium applicable to the 1992 harvest for those tobaccos.

(cid:2) 2. (cid:3) The purpose of (cid:2) the premium referred to in paragraph 1 (hereinafter referred
to  as  “the  premium”) (cid:3)  shall  be  to  supplement  the  incomes  of  producers  whose
products correspond to market requirements and to facilitate the disposal of tobacco
produced in the Community.

(cid:1) 2075/92 (adapted)

(cid:1) 2075/92 (adapted)

Article 4

1.

In  accordance with the  procedure laid down in Article (cid:2) 37 (cid:3) (2)  of  the  Treaty,
the Council shall fix the amount of the premium and the supplementary amounts for
each  tobacco  harvest,  taking particular account of past and  foreseeable  possibilities
for  the  disposal  of  the  various  types  of  tobacco,  under  normal  conditions  of
competition, on the Community and world markets.

2.

The amount of the premium shall be fixed:

a)

per kilogram of leaf tobacco not having undergone first processing and market
preparation;

b)

for each group of raw tobacco.

11

(cid:1) 1636/98 Article 1 point 2

Article 5

1.

2.

3.

4.

5.

The premium shall comprise a fixed part, a variable part and a specific aid.

The variable part of the premium shall account for 30% to 45% of the total premium.
It shall be introduced in stages up to the 2001 harvest. It may be adjusted within that
specified range, according to variety group and Member State.

The fixed part of the premium shall be paid either to producer groups for distribution
to  the  members  of  the  group  or  to  individual  producers  who  are  not  members  of  a
group.

The variable part shall be paid to producer groups for distribution to each member in
proportion to the purchase price paid by the first processor for his crop.

Specific  aid,  not  exceeding  2%  of  the  total  premium,  shall  be  paid  to  producer
groups.

(cid:1) 2075/92 Article 5

Article 6

Granting of the premium shall be subject in particular to the following conditions:

a)

b)

c)

1.

2.

the tobacco must come from a production area specified for the variety concerned;

quality requirements must be fulfilled;

the  leaf  tobacco  must  be  delivered  by  the  producer  to  the  premises  of  the  first
processor under a cultivation contract.

(cid:1) 1636/98 Article 1 point 3
(adapted)

Article 7

Cultivation  contracts  shall  be  concluded  between  first  processors  of  tobacco  and
producer groups or individual producers who are not members of a group.

For the purposes of this Regulation:

(cid:2) a) (cid:3) the  term  ‘producer’  shall  mean  individual  producers  who  are  not
members  of  a  group,  individual  producers  who  are  members  of  a  group,  or
producer  groups,  all  of  whom  deliver  their  crop  of  raw  tobacco  to  a  first
processor under a cultivation contract;

12

(cid:2) b) (cid:3) a ‘first processor’ shall mean any approved natural or legal person who
carries out first processing of raw tobacco by operation, in his own name and
on  his  own  account,  of  one  or  more  first  tobacco-processing  establishments
suitably equipped for that purpose;

(cid:2) c) (cid:3) ‘first processing’ shall mean the processing of raw tobacco delivered by
a producer into a stable, storable product put up in uniform bales of a quality
meeting final user (manufacturer) requirements.

3.

The cultivation contract shall include:

(cid:2) a) (cid:3) a  commitment by the  first processor to  pay  the producer  the  purchase

price according to quality grade;

(cid:2) b) (cid:3) a commitment by the producer to deliver to the first processor the raw

tobacco meeting the quality requirements specified in the contract.

4.

The Member State's competent body shall, on submission of proof of delivery of the
tobacco and of payment of the price as referred to in paragraph 3(a), pay:

(cid:2) a) (cid:3) the fixed part of the premium to the producer group or to the individual

producer not a member of a group;

(cid:2) b) (cid:3) the  variable  part  of  the  premium  and  the  specific  aid  to  the  producer

group.

However,  on  a  transitional  basis  and  for  a  period  not  exceeding  two  harvests,  the
premium may be paid through the intermediary of the first processor.

(cid:1) 546/2002 Article 3 point 1
(adapted)

5.

(cid:2) For  each  of  the  groups  of  varieties (cid:3)  the  Member  State  may,  if  its  structures
makes it appropriate, apply to the producer  groups which wish to participate in it a
cultivation  contract  auction  scheme  as  referred  to  in  paragraph  1  where  it  is
concluded before the date on which delivery of the tobacco commences.

(cid:1) 1636/98 Article 1 point 3
(adapted)

Article 8

Rules for the application  of this Chapter  shall  be  adopted  in  accordance  with  the  procedure
(cid:2) referred to (cid:3) in Article (cid:2) 25(2) (cid:3) .

Their scope shall include:

(cid:2) a) (cid:3) delimitation of production zones for each variety;

(cid:2) b) (cid:3) quality requirements for tobacco delivered;

13

(cid:2) c) (cid:3) other details of the cultivation contract and the closing date for its conclusion;

(cid:2) d) (cid:3) any  requirement  of  a  security  to  be  lodged  by  producers  applying  for  an

advance, and the terms of its provision and release;

(cid:2) e) (cid:3) determination of the variable part of the premium;

(cid:2) f) (cid:3) specific  premium  terms  for  cultivation  contracts  concluded  with  producer

groups;

(cid:2) g) (cid:3) action  to  be  taken  if  the  producer  or  first  processor  fails  to  meet  his

obligations;

(cid:2) h) (cid:3) the  implementation  of  the  cultivation-contract  auction  scheme,  including  the

option for the first purchaser to match any offers.

(cid:1) 2075/92 (adapted)

(cid:1) CHAPTER (cid:2) III
System of production limitation

(cid:1) 1636/98 Article 1 point 4
(adapted)

Article 9

A  maximum  overall  guarantee  threshold  of  350 600  tonnes  of  raw  leaf  tobacco  per  harvest
shall be set for the Community.

Within  that  quantity  the  Council  shall  set  individual  guarantee  thresholds  for  each  variety
group  for  three  consecutive  harvests,  in  accordance  with  the  procedure  laid  down  in
Article (cid:2) 37 (cid:3) (2) of the Treaty.

1.

2.

3.

Article 10

To  ensure  observance  of  the  guarantee  thresholds,  production  quotas  shall  be
imposed.

The  Council,  acting 
in
Article (cid:2) 37 (cid:3) (2)  of  the  Treaty,  shall  allocate  the  quantity  available  for  each
variety group between producer Member States for three consecutive harvests.

in  accordance  with 

the  procedure 

laid  down 

On  the  basis  of  the  quantities  set  pursuant  to  paragraph  2  and  without  prejudice  to
paragraphs  4  and  5,  Member  States  shall  assign  production  quotas  to  individual
producers  who  are  not  members  of  a  producer  group  and  to  producer  groups,  in
proportion  to  the  average  quantity  of  tobacco  of  the  particular  variety  group

14

delivered for processing by each individual producer over the three  years preceding
that of the most recent harvest.

4.

Before the final date for the conclusion of cultivation contracts, Member States may
be authorised to transfer parts of their guarantee threshold allocations to other variety
groups.

(cid:1) 1336/2000 Article 1

(cid:1) 1636/98 Article 1 point 4
(adapted)

Subject  to  the  third  subparagraph,  a  one-tonne  reduction  in  the  allocation  for  one
variety group shall give rise to an increase of at most one tonne in the allocation for
the other variety group.

No  transfer  of  parts  of  guarantee  threshold  allocations  from  one  variety  group  to
another may give rise to additional costs to the European Agricultural Guidance and
Guarantee Fund (EAGGF).

The  quantities  authorised  for  transfer  shall  be  determined  in  accordance  with  the
procedure (cid:2) referred to (cid:3) in Article (cid:2) 25(2)(cid:3).

(cid:1) 546/2002 Article 3 point 2
(adapted)

Producer Member States shall be entitled to create a national quota reserve, the rules
of operation of which shall be adopted in accordance with the procedure (cid:2) referred
to (cid:3) in Article (cid:2) 25(2). (cid:3)

(cid:1) 1636/98 Article 1 point 4

Article 11

No premium may be granted on any quantity in excess of a producer's quota.

Notwithstanding  paragraph  1,  a  producer  may  deliver  excess  production  of  up  to
10% of his quota for each variety group, this surplus being eligible for the premium
granted  on  the  following  harvest,  provided  that  he  reduces  his  production  for  that
harvest accordingly so that the combined quota for the two harvests is observed.

Member States shall keep accurate data on the production of all individual producers
so that, where appropriate, production quotas can be assigned to them.

Production  quotas  may  be  transferred  between  individual  producers  in  the  same
Member State.

5.

1.

2.

3.

4.

15

(cid:1) 1636/98 Art. 1 point 4
(adapted)

Article 12

Rules  for  the  application  of  this  (cid:2) Chapter (cid:3)  shall  be  adopted  in  accordance  with  the
procedure (cid:2) referred to (cid:3) in Article (cid:2) 25(2). (cid:3)

(cid:1) CHAPTER (cid:2) IV
Measures to convert production

Article 13

The  specific  aid  referred  to  in  Article  (cid:2) 5 (cid:3)  shall  be  paid  to  producer  groups  for  the
purposes  of 
the  environment,  boosting  production  quality,
strengthening management and ensuring compliance with Community rules within the group.

improving  respect  for 

(cid:1) 546/2002 Article 3 point 3
(adapted)

Article 14

1.

A  Community  Tobacco  Fund  (hereinafter  ‘Fund’)  shall  be  set  up,  financed  by  a
deduction of:

(cid:2) a) (cid:3) 2% of the premium for the 2002 harvest;

(cid:2) b) (cid:3) 3% of the premium for the 2003 harvest.

The Commission shall submit before 31 December 2003 a report on the  use  of  the
appropriations  from  the  Fund,  which  could  be  accompanied,  if  necessary,  by  a
proposal for the percentage of the deduction for the Fund to be increased by up to 5%
for the 2004 harvest.

2.

The Fund shall finance action in the following areas:

a)

b)

improving  public  awareness  of  the  harmful  effects  of  all  forms  of  tobacco
consumption, in particular through information and  education, support for the
collection  of  data  to  establish  tobacco  consumption  patterns  and  to  conduct
epidemiological  studies  on  nicotinism  in  the  Community,  and  a  study  on
preventing nicotinism;

as part of the programme referred to in Article (cid:2) 15 (cid:3) (1), specific measures
to help tobacco  growers  to  switch  to  other  crops  or  other  economic  activities
that create employment and studies of the possibilities for tobacco  growers to
do so.

16

(cid:1) 1636/98 Article 1 point 4
(adapted)

Article 15

1.

2.

In order to facilitate the voluntary departure from the sector by individual producers,
a  quota  buy-back  programme  with  corresponding  reduction  of  the  guarantee
thresholds referred to in Article (cid:2) 9 (cid:3) shall be set up.

Rural  development  programmes  for  the  conversion  of  tobacco-growing  regions  in
difficulty  to  other  activities  may  be  implemented  under  Community  structural
policies.

(cid:1) 1636/98 Article 1 point 5
(adapted)

Article 16

Rules for the application  of  this Chapter  shall  be  adopted  in  accordance  with  the  procedure
referred to in Article (cid:2) 25(2). (cid:3) Those rules shall cover:

(cid:2) a) (cid:3) fixing of the specific aid amount;

(cid:2) b) (cid:3) the definition of producer groups eligible for specific aid;

(cid:2) c) (cid:3) terms for the recognition of groups;

(cid:2) d) (cid:3) use  of  the  specific  aid,  and  in  particular  its  allocation  between  the  purposes

specified in Article (cid:2) 13 (cid:3) ;

(cid:2) e) (cid:3) setting  the  level  of  the  quota  buy-back  price,  which  shall  not  be  such  as  to

encourage any excessive exodus of producers from the sector;

(cid:2) f) (cid:3) the definition, on the basis of a proposal from the Member State, of sensitive
production  areas  and/or  groups  of  high-quality  varieties  to  be  exempted  from  the
quota buy-back system, which may not affect more than 25% of each Member State's
guarantee threshold;

(cid:2) g) (cid:3) the definition of a period of not more than four months between the individual
producer's intention to sell his quota and the actual buy-back; during that period the
Member State shall make public the intention to sell so that other producers may buy
the quota before it is actually bought back.

17

(cid:1) 3290/94 Article 2 and Annex
XVII (adapted)

(cid:1) CHAPTER (cid:2) V
Trade with third countries

Article 17

Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff
shall apply to the products referred to in (cid:2) the second subparagraph (cid:3) of Article 1.

1.

2.

1.

2.

3.

Article 18

The general rules for the interpretation of the combined nomenclature and the special
rules for its application shall apply to the classification of products (cid:2) referred to in
the second subparagraph of Article 1 (cid:3).

Save as otherwise provided for in this Regulation or in provisions adopted pursuant
thereto, the following shall be prohibited in trade with third countries:

a)

b)

the levying of any charge having equivalent effect to a customs duty;

the  application  of  any  quantitative  restriction  or  measure  having  equivalent
effect.

Article 19

If,  by  reason  of  imports  or  exports,  the  Community  market  in  one  or  more  of  the
products referred to in (cid:2) the second subparagraph (cid:3) of Article 1 is affected by, or
is  threatened  with,  serious  disturbance  likely  to  jeopardise  the  achievement  of  the
objective  set  out  in  Article  (cid:2) 33 (cid:3)  of  the  Treaty,  appropriate  measures  may  be
applied  in  trade  with  third  countries  until  such  disturbance  or  threat  of  disturbance
has ceased.

The  Council,  acting  on  a  proposal  from  the  Commission  in  accordance  with  the
voting  procedure  laid  down  in  Article  (cid:2) 37 (cid:3)  (2)  of  the  Treaty,  shall  adopt  the
general rules for the application of this paragraph and shall define in what cases and
within what limits Member States may take protective measures.

If the situation referred to in paragraph 1 arises, the Commission shall, at the request
of a Member State or on its own initiative, decide upon the necessary measures; the
Member  States  shall  be  notified  of  such  measures,  which  shall  be  immediately
applicable. If the Commission receives a request from a Member State, it shall take a
decision thereon within three working days following receipt of the request.

Measures  decided upon by  the  Commission may  be  referred  to  the  Council  by  any
Member State within three working days of the day on which they were notified. The

18

Council  shall  meet  without  delay.  It  may,  acting  by  a  qualified  majority,  amend  or
annul the measure in question.

4.

This  Article  shall  be  applied  having  regard  to  the  obligations  arising  from
agreements concluded in accordance with Article (cid:2) 300 (cid:3) (2) of the Treaty.

(cid:1) 1636/98 Article 1 point 6
(adapted)

(cid:1) CHAPTER (cid:2) VI
Control measures

(cid:1) 1636/98 Article 1 point 7
(adapted)

Article 20

1.

2.

3.

4.

Member States shall take all necessary action to ensure and verify compliance with
Community provisions concerning raw tobacco.

Member States shall make arrangements for  granting entitlement to first  processors
to sign cultivation contracts.

Entitlement shall be withdrawn by the Member State if the processor deliberately or
through  serious  negligence  fails  to  comply  with  the  Community  provisions
concerning raw tobacco.

Member States shall take the action necessary for their control bodies to be able to
verify compliance with Community provisions, and in particular:

(cid:2) a) (cid:3) to have access to production and processing facilities;

(cid:2) b) (cid:3) to be able to acquaint themselves with first processors' accounting and
stock records and with other relevant documents and take copies or extracts;

(cid:2) c) (cid:3) to  be  able  to  obtain  all  relevant  information,  particularly  in  order  to

check that tobacco delivered has actually been processed;

(cid:2) d) (cid:3) to  obtain  exact  figures  for  the  volume  and  purchase  price  of  the

production of all individual producers;

(cid:2) e) (cid:3) to check the quality of the tobacco and payment by the processor of a

purchase price to the individual producer;

(cid:2) f) (cid:3) to check each year the areas planted by individual producers.

5.

Rules  for  the  application  of  this  Chapter  shall  be  adopted  in  accordance  with  the
procedure referred to in Article (cid:2) 25(2). (cid:3)

19

(cid:1) 1636/98 Article 1 point 8
(adapted)

(cid:1) CHAPTER (cid:2) VII
General and transitional provisions

(cid:1) 2075/92 Article 18 (adapted)

Article 21

Except where this Regulation provides otherwise, Articles (cid:2) 87, 88 and 89 (cid:3) of the Treaty
shall  apply  to  production  of  and  trade  in  the  products  referred  to  in  (cid:2) the  second
subparagraph of (cid:3) Article 1.

(cid:1) 2075/92 Article 19 (adapted)

Article 22

Expenditure incurred pursuant to (cid:2) Chapters II and IV (cid:3) shall be regarded as expenditure
within 
(EC)
No (cid:2) 1258/1999. (cid:3)

(b) (cid:3)  of  Article  1(2)  of  Regulation 

the  meaning  of  (cid:2) point 

(cid:1) 1636/98 Art. 1 point 9
(adapted)

Article 23

To deal with unforeseen circumstances, exceptional market support measures may be taken in
accordance  with  the  procedure  (cid:2) referred  to (cid:3)  in  (cid:2) Article  25(2). (cid:3)  Their  scope  and
duration shall be strictly limited to what is necessary to support the market.

(cid:1) 2075/92 Article 21 (adapted)

Article 24

Member States and the Commission shall send each other any information necessary for the
application  of  this  Regulation.  Detailed  rules  for  the  sending  and  dissemination  of  such
information  shall  be  adopted  in  accordance  with  the  procedure  (cid:2) referred  to (cid:3)  in
Article (cid:2) 25(2). (cid:3)

20

(cid:1) 

Article 25

The  Commission  shall  be  assisted  by  a  Management  Committee  for  Tobacco,
hereinafter referred to as  ‘Committee’, composed of  representatives of  the Member
States and chaired by the representative of the Commission.

Where 
Decision 1999/468/EC shall apply.

is  made 

reference 

to 

this  paragraph,  Articles  4  and  7  of

1.

2.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.

3.

The Committee shall adopt its rules of procedure.

(cid:1) 2075/92 Article 25 (adapted)

Article 26

This  Regulation  must  be  applied  in  such  a  way  that  account  is  taken,  simultaneously  and
appropriately, of the objectives laid down in Articles (cid:2) 33 (cid:3) and (cid:2) 131 (cid:3) of the Treaty.

(cid:1) 

Article 27

Regulation (EEC) No 2075/92 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and
shall be read in accordance with the correlation table in Annex III.

(cid:1) 2075/92 Article 29 (adapted)

Article 28

(cid:2) This Regulation shall enter into force on the twentieth day following that of its publication
in the Official Journal of the EuropeanUnion. (cid:3)

21

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

Done at Brussels, […]

For the Council
The President
[…]

22

(cid:1) 2075/92 Annex

ANNEX I

CLASSIFICATION OF TOBACCO VARIETIES BY GROUP

I.

FLUE-CURED

Virginia

Virginia D and hybrids thereof

Bright

II.

LIGHT AIR-CURED

Burley

Badischer Burley and hybrids thereof

Maryland

III.

DARK AIR-CURED

Badischer Geudertheimer, Pereg, Korso

Paraguay and hybrids thereof

Dragon Vert and hybrids thereof

Philippin

Petit Grammont (Flobecq)

Semois

Appelterre

Nijkerk

Misionero and hybrids thereof

Rio Grande and hybrids thereof

Forchheimer Havanna IIc

Nostrano del Brenta

Resistente 142

Goyano

Hybrids of Geudertheimer

23

Beneventano

Brasile Selvaggio and similar varieties

Fermented Burley

Havanna

IV.

FIRE-CURED

Kentucky and hybrids

Moro di Cori

Salento

V.

SUN-CURED

Xanthi-Yaka

Perustitza

Samsun

Erzegovina and similar varieties

Myrodata Smyrnis, Trapezous and Phi I

Kaba Koulak (non-classic)

Tsebelia

Mavra

VI.

Basmas

VII.

Katerini and similar varieties

VIII.

Kaba Koulak (classic)

Elassona

Myrodata Agrinion

Zichnomyrodata

_____________

24

(cid:4) 

ANNEX II

Repealed Regulation with its successive amendments

Council Regulation (EEC) No 2075/92

(OJ L 215, 30. 7. 1992, p. 70)

Council Regulation (EC) No 3290/94
Annex XVII only

(OJ L 349, 31. 12. 1994, p. 105)

Council Regulation (EC) No 711/95

(OJ L 73, 1. 4. 1995, p. 13)

Council Regulation (EC) No 415/96

(OJ L 59, 8. 3. 1996, p. 3)

Council Regulation (EC) No 2444/96

(OJ L 333, 21. 12. 1996, p. 4)

Council Regulation (EC) No 2595/97

(OJ L 351, 23. 12. 1997, p.11)

Council Regulation (EC) No 1636/98

(OJ L 210, 28. 7. 1998, p. 23)

Council Regulation (EC) No 660/1999

(OJ L 83, 27. 3. 1999, p. 10)

Council Regulation (EC) No 1336/2000

(OJ L 154, 27. 6. 2000, p. 2)

Council Regulation (EC) No 546/2002
Article 3 only

(OJ L 84, 28. 3. 2002, p. 4)

_____________

25

ANNEX III

CORRELATION TABLE

Regulation (EEC) No 2075/92

This Regulation

-

Articles 1, 2

Title I

Article 3(1)

Article 3(2)

Article 3(3)

Article 4

Article 4a

Article 5

Article 6(1)

Article 6(2), first indent

Article 6(2), second indent

Article 6(2), third indent

Article 6(3), first indent

Article 6(3), second indent

Article 6(4), first indent

Article 6(4), second indent

Article 6(5)

Chapter I

Articles 1, 2

Chapter II

Article 3(1), first subparagraph

Article 3(1), second subparagraph

Article 3(2)

Article 4

Article 5

Article 6

Article 7(1)

Article 7(2)(a)

Article 7(2)(b)

Article 7(2)(c)

Article 7(3)(a)

Article 7(3)(b)

Article 7(4)(a)

Article 7(4)(b)

Article 7(5)

Article 7, first subparagraph

Article 8, first subparagraph

Article 7, second subparagraph, first indent

Article 8, second subparagraph, (a)

Article 7, second subparagraph, second
indent

Article 8, second subparagraph, (b)

Article 7, second subparagraph, third indent

Article 8, second subparagraph, (c)

Article 7, second subparagraph, fourth indent Article 8, second subparagraph, (d)

Article 7, second subparagraph, fifth indent

Article 8, second subparagraph, (e)

26

Article 7, second subparagraph, sixth indent

Article 8, second subparagraph, (f)

Article 7, second subparagraph, seventh
indent

Article 8, second subparagraph, (g)

Article 7, second subparagraph, eighth indent Article 8, second subparagraph, (h)

Article 8

Title II

Article 9

Article 10

Article 11

Title III

Article 12

Article 9

Chapter III

Article 10

Article 11

Article 12

Chapter IV

Article 13

Article 13(1), first subparagraph, first indent

Article 14(1), first subparagraph, (a)

Article 13(1), first subparagraph, second
indent

Article 14(1), first subparagraph, (b)

Article 13(1), second subparagraph

Article 14(1), second subparagraph

Article 13(2)

Article 14

Article 14a, first indent

Article 14a, second indent

Article 14a, third indent

Article 14a, fourth indent

Article 14a, fifth indent

Article 14a, sixth indent

Article 14a, seventh indent

Title IV

Article 15

Article 16

Article 16a

Article 14(2)

Article 15

Article 16(a)

Article 16(b)

Article 16(c)

Article 16(d)

Article 16(e)

Article 16(f)

Article 16(g)

Chapter V

Article 17

Article 18

Article 19

27

Title V

Chapter VI

Article 17(1), (2) and (3)

Article 20(1), (2) and (3)

Article 17(4), first indent

Article 17(4), second indent

Article 17(4), third indent

Article 17(4), fourth indent

Article 17(4), fifth indent

Article 17(4), sixth indent

Article 17(5)

Title VI

Article 18

Article 19

Article 20

Article 21

Articles 22, 23 and 24

-

Article 25

Articles 26, 27 and 28

-

Article 29

Annex

-

-

Article 20(4)(a)

Article 20(4)(b)

Article 20(4)(c)

Article 20(4)(d)

Article 20(4)(e)

Article 20(4)(f)

Article 20(5)

Chapter VII

Article 21

Article 22

Article 23

Article 24

-

Article 25

Article 26

-

Article 27

Article 28

Annex I

Annex II

Annex III

_____________

28