Commission Regulation (EC) No 2111/2003 of 1 December 2003 laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits
Date: 2003-12-01
Institutions: European Commission
Subjects: aid system, citrus fruit, production aid

2.12.2003

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COMMISSION REGULATION (EC) No 2111/2003

of 1 December 2003

laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing
a Community aid scheme for producers of certain citrus fruits

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2202/96 of 28
October 1996 introducing a Community aid scheme for certain
producers of citrus fruits (1), as last amended by Regulation (EC)
No 2699/2000 (2), and in particular Article 2(2), Article 3(4)
and Article 6 thereof,

Whereas:

(1)

(2)

(3)

(4)

In the light of experience over recent years, it is neces-
sary to amend Commission Regulation (EC) No 1092/
2001 of 30 May 2001 laying down detailed rules for the
application of Council Regulation (EC) No 2202/96
introducing a Community aid scheme for producers of
certain citrus fruits (3), as amended by Regulation (EC)
No 350/2002 (4). In the interests of clarity and ration-
ality, Regulation (EC) No 1092/2001 should be repealed
and replaced by a new Regulation.

The marketing years and equivalent periods for citrus
fruits harvested within the Community and listed in
Article 1 of Regulation (EC) No 2202/96 should be
defined with a view to applying uniformly the aid
scheme established by that Regulation.

The aid scheme for producers of certain citrus fruits is
based on contracts between producer organisations
recognised or granted preliminary recognition under
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 Commission Regu-
lation (EC) No 47/2003 (6), on the one hand, and proces-
sors, on the other hand. Producer organisations may also
act as processors in certain circumstances. The types and
duration of contracts and the particulars to be included
therein should be specified for the purposes of applying
the aid scheme.

Taking account of the different structural and varietal
aspects of production and of the marketing conditions
for fresh and processed citrus fruits observed in Member
States, and in order
to ensure regular supplies for
processing industries and a correct monitoring of the aid
scheme by the competent authorities,
the minimum
duration of contracts other than multiannual should be
fixed at at least five complete and consecutive months of
the marketing year
short-term

in question. Those

(1) OJ L 297, 21.11.1996, p. 49.
(2) OJ L 311, 12.12.2000, p. 9.
(3) OJ L 150, 6.6.2001, p. 6.
(4) OJ L 55, 26.2.2002, p. 20.
(5) OJ L 297, 21.11.1996, p. 1.
(6) OJ L 7, 11.1.2003, p. 64.

(5)

(6)

(7)

(8)

contracts should be concluded at different dates of the
marketing year in question depending on the length of
time covered. To ensure proper application of the aid
scheme, time periods covered by two different short-
term contracts should be continuous and should not
overlap with one another.

For each of the products referred to in Article 1 of Regu-
lation (EC) No 2202/96 contracts should be concluded
before a given date, so that the producer organisations
can establish their plans and guarantee processors a
steady supply. To ensure that the scheme is as effective
as possible, the parties to such contracts should never-
theless be authorised to conclude amendments adjusting,
subject to certain limits, the quantities originally stipu-
lated therein.

Subject to Article 2 of Regulation (EC) No 2202/96, and
in order to allow Community producers and processors
to adapt to evolving market demands and increasing
international competition, a margin of discretion should
be allowed to Member States as regards the fixing of the
date before which contracts must be concluded.

In order to improve the way the scheme operates, the
competent authorities should know of all producer orga-
nisations marketing the production of their members, of
members of other producer organisations and of indivi-
dual producers who wish to qualify under the scheme.
The competent authorities should also know of
the
processors signing contracts with such producer organi-
sations and of the processing capacity of their facilities.
To this end, processors of citrus fruits wishing to partici-
pate in the aid scheme should make a request to the
competent authorities before a date to be determined by
the latter.

Due to economic and social factors, the bulk of the
processing of citrus fruits harvested in the Community
takes place in those Member States that have a national
threshold for the product in question, as set out in
Annex II to Regulation (EC) No 2202/96. In order to
the system by
ensure the correct
means of contracts concluded between producer organi-
sations and processors and also guarantee supplies of
finished products to consumers at reasonable prices and
quality, processors of citrus fruits operating in those
Member States should be approved by the competent
authorities before they conclude contracts.

implementation of

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(9)

(10)

(11)

(12)

the aid
In order to reinforce the administration of
scheme, Member States that do not have a national
threshold for the product in question, as set out in
Annex II to Regulation (EC) No 2202/96 should be
given the possibility to lay down requirements
for
approval of processors whose processing plants are
located in their territory.

There is a close link between the raw material delivered
for processing and the finished product obtained. The
raw material should therefore meet certain minimum
requirements.

To facilitate a more flexible application of the system,
notifications required from producer organisations in
order to maintain controls on production should be
based on a risk analysis set up by the Member States
concerned.

In order to assure and reinforce checks by the competent
authorities, whenever processing takes place
in a
Member State different from that in which the head
office of the producer organisation signing the contract
is situated, Member States concerned should lay down
the necessary additional common provisions and admin-
istrative procedures as regards the notifications required
from producer organisations and delivery certificates.

discretion should be allowed to Member States as regards
those cases where producer organisations are not in a
position to comply with their contractual obligations
due to the fault of the processor.

(16) While respecting the guarantees and quality of

the
controls carried out, the number of compulsory checks
on the reality of stocks should be reduced. Nevertheless,
as regards processors or processing plants that did not
participate in the aid scheme in the previous marketing
year, at least two checks should be carried out during
the first year in which they participate in the scheme.

(17)

(18)

(19)

In order to enable the Commission to implement and
monitor this aid scheme and, if necessary, to adapt it
swiftly to changing market conditions, the Commission
should receive from Member States timely, reliable and
updated information.

To facilitate the transition from the previous arrange-
ments to those established by this Regulation, transi-
tional provisions should be adopted.

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

(13) Aid applications for each product should include all the
information needed to check their acceptability, given
the information contained in the contracts.

HAS ADOPTED THIS REGULATION:

(14)

In order to ensure that
the aid scheme is properly
applied, producer organisations and processors should
forward appropriate information and keep up-to-date
documentation. They should,
in particular, specify the
areas under oranges, small citrus fruits, lemons, grape-
fruit and pomelos, on the basis of Council Regulation
(EEC) No 3508/92 of 27 November 1992 establishing
an integrated administration and control system for
certain Community aid schemes (1), as last amended by
Commission Regulation (EC) No 495/2001 (2), and of
Commission Regulation (EC) No 2419/2001 of 11
December 2001 laying down detailed rules for applying
the integrated administration and control system for
certain Community aid schemes established by Council
Regulation (EEC) No 3508/92 (3), as amended by Regu-
lation (EC) No 2550/2001 (4), for the purposes of all
inspections and controls deemed necessary.

(15)

For the purposes of administering the aid scheme, proce-
dures should be laid down for physical and documentary
checks on delivery and processing operations, which
should cover a sufficiently representative number of aid
applications. Penalties should be laid down for producer
organisations and processors which breach the regula-
tions,
in particular by making false declarations, by
failing to observe the terms of the contract or by failing
to process products delivered. Nevertheless, a margin of

(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 72, 14.3.2001, p. 6.
(3) OJ L 327, 12.12.2001, p. 11.
(4) OJ L 341, 22.12.2001, p. 105.

CHAPTER I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Regulation the following defini-

1.
tions shall apply:

(a) ‘producer organisations’ means producer organisations as
referred to in Article 11 of Regulation (EC) No 2200/96
and producer organisations granted preliminary recognition
under Article 14 of that Regulation;

(b) ‘association of producer organisations’ means an association
as referred to in Article 16(3) of Regulation (EC) No 2200/
96, set up on the initiative of and controlled by the
producer organisations recognised under that Regulation;

(c) ‘producer’ means any natural or legal person who is a
member of
a producer organisation delivering their
produce to that organisation for the purposes of marketing
it under the conditions laid down in Regulation (EC) No
2200/96;

(d) ‘individual producer’ means any natural or legal person as
referred to in Article 4(1) of Regulation (EC) No 2202/96
not belonging to a producer organisation and growing on
his holding raw material intended for processing;

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(e) ‘processor’ means any natural or legal person operating, for
economic ends and on its own responsibility, one or more
plants with facilities for manufacturing one or more of the
products listed in Article 1 of Regulation (EC) No 2202/
1996 and, where applicable, approved in accordance with
Article 5 of this Regulation;

(f) ‘competent authorities’ means the body or bodies desig-
nated by the Member State for the implementation of this
Regulation.

2.
Producer organisations which have their head office situ-
ated in a Member State may participate in the Community aid
scheme provided for in Article 1 of Regulation (EC) No 2202/
96, provided that the Member State concerned has a national
threshold for the product in question, as set out in Annex II to
that Regulation.

3.
For the purposes of this Regulation, any references to
producer organisations shall be construed as a reference to
associations of producer organisations.

Article 2

Marketing years and delivery periods

The marketing years within the meaning of Article 6 of
1.
Regulation (EC) No 2202/96, hereinafter referred to as the
‘marketing years’, shall run from 1 October to 30 September
for:

(a) sweet oranges,

(b) mandarins, clementines and satsumas,

(c) grapefruit and pomelos,

(d) lemons.

2.
Aid to producer organisations delivering mandarins and
clementines shall be granted solely on products delivered to the
processing industry from 1 October to 30 June.

3.
Aid to producer organisations delivering satsumas shall
be granted solely on products delivered to the processing
industry from 1 October to 31 March.

For a given marketing year,

4.
the ‘equivalent period’
referred to in the second subparagraph of Article 5(2) of Regu-
lation (EC) No 2202/96 shall run from 1 April of the previous
marketing year to 31 March of the current year.

Article 3

Identification of parcels

identification
For the purposes of this Regulation the parcel
system shall be that used for the integrated system referred to
in Article 4 of Regulation (EEC) No 3508/92. The areas are to
be declared in hectares to two decimal places. Article 22 of
Regulation (EC) No 2419/2001 shall apply for the purposes of
determining the area of parcels during checks provided for in
Article 27 of this Regulation.

CHAPTER II

CONTRACTS

Article 4

Form of contracts

The contracts referred to in Article 2(1) of Regulation
1.
(EC) No 2202/96 (hereinafter referred to as ‘contracts’) shall be
concluded in writing. They shall be concluded separately for
each of the basic products listed in Article 1 of that Regulation
and shall bear an identification number.

2.

Contracts may take one of the following forms:

(a) a

contract between a producer organisation,

and a

processor;

(b) a commitment to supply, where the producer organisation

also acts as a processor.

At any time and for each of the basic products listed in Article
1 of Regulation (EC) No 2202/96, no more than one short-
term contract and/or single multiannual contract referred to in
Article 6(1), may be in force between a producer organisation
and a processor.

Article 5

Requests to participate in the aid scheme and approval of
processors

1.
Processors of sweet oranges, mandarins, clementines,
satsumas, lemons, grapefruit and pomelos wishing to partici-
pate in the aid scheme for the first time, shall make a request
to the competent authorities of the Member State in which
their processing plants are located before a date to be deter-
mined by the latter. This request shall notably specify the
the processor and, where
processing capacity per hour of
appropriate, the hourly extraction, pasteurisation and concen-
tration capacity of each processing plant operated by the
processor.

The Member States that have a national threshold for the
2.
product in question, as set out in Annex II to Regulation (EC)
No 2202/96, shall lay down the requirements for approval of
processors whose processing plants are located on their terri-
tory and notify them to the Commission. Those requirements
shall ensure that processors have the capacity to carry out the
necessary operations.

Upon examination of the requests submitted by processors
the
whose processing plants are located on their territory,
competent authorities of
the Member States that have a
national threshold for the product in question shall publish, for
each product, a list of approved processors and their processing
plants at least one month before the starting of the marketing
year.

3. Member States that do not have a national threshold for
the product in question, as set out in Annex II to Regulation
(EC) No 2202/96 may also decide to implement the provisions
laid down in paragraph 2.

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Processors whose processing plants are located in a
4.
Member State that has a national threshold for the product in
question, as set out in Annex II to Regulation (EC) No 2202/
96, shall be approved by the national competent authorities
before they conclude contracts.

The contract shall also indicate the delivery stage to which the
price referred to in point (f) applies and the payment terms.
Any time-limit for payment may not exceed two months from
the end of the month of delivery of each consignment.

Article 6

Periods and quantities covered by contracts

2.
In the case of short-term contracts, the price referred to
in paragraph 1(f) may be adjusted, with the agreement of both
parties, by the written amendments referred to in Article 11(1)
and solely for the additional quantities fixed by those amend-
ments.

Short-term contracts shall cover at least five complete and

1.
consecutive months of the marketing year in question.

Multiannual contracts within the meaning of Article 3(2)(a) of
Regulation (EC) No 2202/96 shall cover at least three consecu-
tive marketing years.

In the case of multiannual contracts, the price referred to in
paragraph 1(f) for each marketing year shall be established
when the relevant contract is signed. However, the price applic-
able to a given marketing year may be revised, with the agree-
ment of both parties, by a written amendment to the contract
before 1 November of the marketing year in question.

In the case of clementines,
concluded for the two possible uses: juice or segments.

contracts

separate

shall be

2.
Periods covered by two short-term contracts concluded
between the same parties in the same marketing year shall be
continuous and shall not overlap with one another.

3. Multiannual contracts may cover both the production of
the members of the producer organisation signing the contract
and the production of members of other producer organisa-
tions where the second and third indents of Article 11(1)(c)(3)
of Regulation (EC) No 2200/96 apply.

4.
To qualify for the aid laid down in Table 2 of Annex I to
Regulation (EC) No 2202/96, quantities delivered under multi-
annual contracts must be at least 1 000 tonnes per contract,
product and marketing year.

Article 7

Contents of contracts

1.

Contracts shall specify, in particular:

(a) the name and address of the contracting producer organisa-

tion;

(b) the name and address of the processor;

(c) the quantities of raw materials to be delivered for proces-
sing, broken down by marketing year in the case of multi-
annual contracts;

(d) the period covered and the provisional schedule of deliv-

eries to processors;

(e) an undertaking by the processors to process the quantities

delivered under the contract in question;

(f) the price to be paid to the producer organisation for the
raw materials, which may vary by variety and/or quality
and/or delivery period and shall be paid only by bank or
post office transfer;

(g) the compensation payable should either party fail to fulfil
its contractual obligations,
in particular as regards the
payment in full of the price specified in the contract, the
respect of time-limits for payment, and the obligation to
deliver and accept the quantities covered by the contract.

Article 8

National additional provisions

The Member States may adopt additional provisions covering
contracts,
in particular as regards compensation payable by
processors or producer organisations that fail to fulfil their
contractual obligations.

Article 9

Conclusion of contracts in case of a commitment

to

supply

In the case of a commitment to supply within the meaning of
Article 4(2)(b), contracts covering the production of
the
members of
the producer organisation concerned shall be
deemed to have been concluded after the following particulars
have been notified to the competent authorities:

(a) the name and address of each producer and the reference
data and areas of the parcels on which each producer culti-
vates the raw material;

(b) the estimated total harvest;

(c) the quantity intended for processing, broken down by type

of contract;

(d) the period covered and the provisional delivery schedule

referred to in Article 7(1)(d);

(e) an undertaking by the producer organisation to process the

quantities delivered under the contract in question.

The name and address of each producer referred to in point (a)
may be replaced by any other information required by national
legislation to allow the producer to be determined unequivo-
cally to the satisfaction of the competent authorities.

The notification shall be sent to the competent authorities by
the deadline laid down in Article 12(2).

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Article 10

Dates of conclusion of contracts

In the case of multiannual contracts, the quantity initially
2.
laid down for each year, within the meaning of Article 7(1)(c),
may be amended once each marketing year with the agreement
of both parties by a written amendment.

1.
The Member States shall decide the date(s) by which
short-term contracts shall be concluded by producer organisa-
tions that have their head office located in their territory. In
any case, short-term contracts shall be concluded:

(a) no later than 1 November of the marketing year in ques-
tion in the case of short-term contracts that cover at least
eight complete and consecutive months; or

(b) no later than 28 February of the marketing year in question
in the case of short-term contracts that cover at least five
but less than eight complete and consecutive months.

2. Multiannual contracts shall be concluded no later than
1 November of the marketing year in question.

The amendment shall include the identification number of the
contract to which it relates. Amendments shall be concluded
before 28 February of the marketing year in question.

The quantity to be delivered each year as laid down in the
amendment may not exceed:

(a) 40 % of the quantity initially laid down in the contract for
the given marketing year if
the amendment has been
concluded before 1 November of the marketing year in
question; or

(b) 30 % of the quantity initially laid down in the contract for
the given marketing year if
the amendment has been
concluded after 1 November but before 28 February of the
marketing year in question.

Article 11

Amendments to contracts

1.
In the case of short-term contracts, the quantity initially
laid down in the processing contract referred to in Article
7(1)(c) may be amended:

(a) with the agreement of both parties by one or two written
amendment(s) in the case of short-term contracts that cover
at least eight complete and consecutive months; or

(b) with the agreement of both parties by one written amend-
ment in the case of short-term contracts that cover at least
five but less than eight complete and consecutive months.

The total quantity laid down in the amendment(s) referred to in
point (a) may not exceed 40 % of the quantity initially laid
down in the contract. Where there are two amendments, they
shall not relate to more than 20 % of the said initial quantity
each.

The total quantity laid down in the amendment referred to in
point (b) may not exceed 20 % of the quantity initially laid
down in the contract.

The amendments shall include the identification number of the
contract to which it relates.

Article 12

Communication to the competent authorities

1.
Producer organisations signing contracts shall forward a
copy of each contract and any amendment thereto to the
competent authorities of the Member State in which their head
office is situated and, if appropriate, to the competent authori-
ties of the Member State where processing is to take place.

The total quantity covered by all the contracts signed by a
given producer organisation may not exceed, per product, the
quantity intended for processing indicated by that producer
organisation under point (c) of the first paragraph of Article 9
and Article 15(1)(c).

2.
The copies referred to in the first subparagraph of para-
graph 1 shall reach the competent authorities no later than 10
working days after the conclusion of the contract or amend-
ment thereto and no less than five working days before the
start of deliveries.

In exceptional and duly justified cases, the Member States may
accept contracts and amendments thereto that reach their
competent authorities after the time limit laid down in the first
subparagraph, provided that such late acceptance does not have
an adverse effect on controls on the production aid scheme.

The quantities delivered by the new members or individual
producers referred to in Article 15(5) shall be included in the
amendments.

3.
In any case, no Community aid shall be paid for quanti-
ties of raw materials delivered by producer organisations to
processors before the competent authorities have received the
copies specified in the first subparagraph of paragraph 1.

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CHAPTER III

(b) the estimated total harvest;

INFORMATION TO BE PROVIDED TO THE MEMBER STATES

(c) the quantity intended for processing;

Article 13

(d) the producer organisation's average yields per hectare and
the average percentage of this quantity sent for processing
during the previous two marketing years.

Information concerning participation in the aid scheme

Producer organisations and processors wishing to participate in
the aid scheme provided for in Article 3 of Regulation (EC) No
2202/96 shall inform the competent authorities of the Member
State in which their head office is situated, no later than 20
days before the start of the marketing year. They shall commu-
nicate at this time the information needed by the Member State
in question to manage and inspect the aid scheme. Member
States may decide that such information shall:

(a) only be notified by new producer organisations or new
processors, if the necessary information for the others is
already available;

(b) cover a single marketing year, several marketing years or

an unlimited period.

The name and address of each producer referred to in point (a)
may be replaced by any other information required by national
legislation to allow the producer to be determined unequivo-
cally to the satisfaction of the competent authorities.

2.
The information referred to in paragraph 1 shall be
provided by the producer organisations or individual producers
concerned to the producer organisation signing the contract,
which shall forward it to the body designated by the Member
State, where the producer organisation signing the contract:

(a) markets quantities intended for processing produced by
members of other producer organisations under the second
and third indents of Article 11(1)(c)(3) of Regulation (EC)
No 2200/96, and/or

Article 14

(b) passes on the benefit of the aid scheme to individual produ-
cers under Article 4(1) of Regulation (EC) No 2202/96.

Information concerning the beginning of deliveries or
processing

1.
At least five working days before the start of deliveries or
processing in each marketing year, producer organisations and
processors shall notify the competent authorities of the week in
which deliveries and processing are to start. Producer organisa-
tions and processors shall be deemed to have discharged this
obligation if they provide proof that they have sent this infor-
mation at least eight working days before that date.

2.
In exceptional and duly justified cases, the Member States
may accept notifications from producer organisations and
processors after the date laid down in paragraph 1. However,
no aid shall be granted in such cases to producer organisations
or processors for quantities already delivered or in the course
of delivery unless the checks needed to establish eligibility for
the aid can be conducted to the satisfaction of the competent
authorities.

Article 15

Information on contracts

1.
The producer organisation signing the contracts shall
send the competent authorities of the Member State in which
its head office is
situated the following information, by
product:

(a) the name and address of each producer covered by the
contracts and the reference data and areas of the parcels on
which each producer cultivates the raw materials;

To qualify for the aid, producer organisations and indivi-
3.
dual producers as referred to in paragraph 2 shall sign agree-
ments with the producer organisation signing the contract.

Such agreements shall cover all citrus fruit production delivered
for processing by the said producer organisations and indivi-
dual producers concerned and shall
the
following:

specify at

least

(a) the number of marketing years covered by the agreement;

(b) the quantities to be delivered for processing, broken down
by producer and product and based on a delivery schedule
as referred to in Article 7(1)(d);

(c) the consequences of failure to comply with the agreement.

The Member States may adopt additional provisions covering
the agreements referred to in the first subparagraph, in particu-
lar as regards compensation payable by producer organisations
or individual producers which fail to fulfil their contractual
obligations, and as regards false declarations of producer orga-
nisations or individual producers concerned to the producer
organisation signing the contracts.

4.
The Member States shall fix the date before which the
information referred to in paragraphs 1 and 2, together with a
copy of the agreements referred to in paragraph 3 shall be sent
to the competent authorities referred to in paragraph 1 in order
to insure that the necessary checks are carried out.

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5. Where a producer joins a producer organisation or an
individual producer signs an agreement with a producer organi-
sation after the dates referred to in paragraph 4, the informa-
tion referred to in paragraphs 1 and 2 and, where appropriate,
a copy of the agreements referred to in paragraph 3 which
relate to this new member or individual producer, shall be sent
to the competent authorities referred to in paragraph 1 within
30 days after the date on which the membership or the agree-
ment takes effect.

CHAPTER IV

RAW MATERIALS

Article 16

Minimum quality requirements

Products delivered by the producer organisations to the proces-
sors under a contract must satisfy the minimum quality
requirements laid down in Annex I.

Article 17

Notification of deliveries and delivery certificates

1.
No later than 18.00 on the working day preceding
delivery, the producer organisation shall notify each delivery to
the competent authorities of the Member State in which its
head office is situated and, where applicable, to the competent
authorities of the Member State where processing is carried
out.

This notification shall include the quantity to be delivered, an
identification of the means of transport used and the identifica-
tion number of the contract relating to the delivery in question.
It shall be sent electronically and the authorities to which it is
addressed shall keep a record of it for at least three years.

The competent authorities of the Member States concerned
may ask for any additional information they consider necessary
for a physical check on the deliveries.

Should the data in the second subparagraph be amended after
they have been notified, the amended data shall be notified in
the same way as
the initial notification, before delivery
commences. The initial notification may be amended only
once.

On the basis of a risk analysis made by the Member State
concerned, covering both the producer organisations and the
processors, the competent authorities may release the producer
organisation from the obligation to notify each delivery or may
request the information in a less detailed form, provided that
this does not have an adverse effect on controls on the produc-
tion aid scheme.

A delivery certificate shall be issued for each product lot
2.
delivered under contract and accepted for processing at the
processing plant, specifying:

(a) the date and time of unloading;

(b) the identification of the means of transport used;

(c) the identification number of the contract to which the

consignment relates;

(d) the gross weight and net weight;

(e) where applicable, the rate of reduction calculated on the
basis of the minimum quality requirements laid down in
Annex I.

Delivery certificates shall be prepared in quadruplicate. They
shall be signed by the processor or his representative and by
the producer organisation or its representative. Each certificate
shall bear an identification number.

Processors and producer organisations shall both keep a

3.
copy of delivery certificates.

The producer organisation shall forward a copy or written tele-
communication or e-mail containing the information referred
to in paragraph 2, no later than the fifth working day following
the week of delivery,
the
Member State where its head office is situated and, where
applicable to the competent authorities of the Member State
where processing is carried out.

to the competent authorities of

4.
At least one month before the starting of the marketing
year, Member States that have a national threshold for the
product in question, as set out in Annex II to Regulation (EC)
No 2202/96, shall fix and publish the manner in which the
means of transport referred to in the second subparagraph of
paragraph 1 and in point (b) of the first subparagraph of para-
graph 2 will be identified to enable their competent authorities
to carry out appropriate physical checks.

5. Where processing takes place in another Member State,
and in order to assure and reinforce appropriate physical
checks by the competent authorities, the Member State where
processing takes place and the Member State in which the head
office of the producer organisation signing the contract is situ-
ated shall lay down the necessary additional common provi-
sions and administrative procedures as regards the notifications
and delivery certificates referred to in paragraphs 1 and 2.

In particular, the Member States concerned shall jointly fix the
identification of the means of transport used that shall be speci-
fied in the notifications to be issued by the producer organisa-
tions and in the delivery certificates. The identification of the
means of transport shall be published by the Member States
concerned in accordance with paragraph 4.

6. Where all or part of a lot belongs to producers referred
to in Article 15(2)(a) or (b), the contracting producer organisa-
tion shall forward a copy of the delivery certificate provided for
in paragraph 2 to each producer organisation and individual
producer concerned.

For each quarter from the start of the marketing year, no
7.
later than the 10th day of the following month, the producer
organisation shall notify the competent authorities referred to
in paragraph 1 of
the quantities delivered, by lot and by
product. Quantities delivered under contract shall be broken
the corresponding
down by contract and on the basis of
amount of aid.

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The documents required under national law may be used
8.
for the purposes of this Article, provided that they contain all
the information referred to in paragraph 2.

CHAPTER V

AID APPLICATIONS AND PAYMENT OF AID

Article 18

Notifications of processors to the competent authorities

Article 19

Aid applications

start of

For each six-month period from the

1.
the
marketing year, no later than the 10th day of the following
month, processors who conclude contracts with producer orga-
nisations shall send the competent authorities of the Member
State in which the head office of the producer organisation is
situated and, where applicable, the competent authorities of the
Member State where processing is carried out, the following
information, broken down by product:

(a) the quantity of product received for each lot and for each
contract and the quantity of product received outside
contracts;

(b) the quantities of

juice obtained, broken down by Brix
concentration, specifying the quantities obtained from lots
delivered under contract;

(c) the average weight of the yield in juice from the raw mate-

rials and the Brix concentration of this juice;

(d) the quantities of segments obtained, specifying the quanti-

ties obtained from lots delivered under contract.

The quantities shall be expressed as net weight.

The notifications shall be signed by the processor, who shall
certify their accuracy by doing so.

2. Within 45 days after completion of processing operations
for the marketing year, the processors shall notify the compe-
tent authorities referred to in paragraph 1 of the following in
respect of each product:

(a) the quantities received, broken down by the resulting

finished product;

(b) the quantities received under contract, broken down by
delivery period and type of contract (short-term or multi-
annual);

(c) the quantities received under contract, broken down by the

resulting finished product;

(d) the quantity of finished products obtained from each of the

quantities referred to in (a);

(e) the quantity of finished products obtained from each of the

quantities referred to in (c);

(f) the quantities of each finished product in stock at the end

of the processing operations for that marketing year.

The quantities shall be expressed as net weight.

1.
Producer organisations shall submit their aid applications,
per product and per marketing year, to the competent authori-
ties of the Member State in which their head office is situated.

Such aid applications shall be submitted:

(a) for quantities of sweet oranges, mandarins, clementines,
lemons, grapefruits and pomelos, accepted for
satsumas,
processing during the first half of the marketing year, no
later than 30 April;

(b) for quantities of sweet oranges,

lemons, grapefruits and
pomelos accepted for processing during the second half of
the marketing year, no later than 31 October of
the
following marketing year;

(c) for quantities of mandarins and clementines accepted for
processing during the third quarter of the marketing year,
no later than 31 July.

2.
If aid applications are submitted after the deadlines laid
down in paragraph 1, the aid shall be reduced by 1 % per day
of delay and no aid shall be granted if the application is more
than 15 days late.

In exceptional and duly justified cases, the Member States
3.
may accept aid applications after the deadlines laid down in
paragraph 1, provided that this does not hinder effective checks
on the production aid scheme. In that case, paragraph 2 shall
not apply.

In the case of clementines, separate aid applications shall

4.
be prepared for the two possible uses: juice or segments.

Article 20

Contents of aid applications

Each aid application shall include the following information:

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

(b) the quantity covered by the aid application, broken down
by contract and on the basis of the corresponding amount
of aid, and not exceeding the quantity accepted for proces-
sing, after deduction of any reduction rates applied;

(c) the average selling price for the quantity delivered under

contract;

In the case of juice, the quantities referred to under (d) and (e)
shall be broken down on the basis of their Brix concentration.

(d) the quantity delivered during the same period otherwise

than under contract, and its average selling price.

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Article 21

Payment of aid

The aid shall be paid by the competent authorities of the
Member State in which the producer organisation signing the
contract has its head office as soon as those authorities have
undertaken the checks provided for in Article 27(1)(a) and
checked that the aid application tallies with the delivery certifi-
cates referred to in Article 17(2) for the product in question.

Where processing takes place in another Member State, that
Member State shall provide the Member State where the head
office of the producer organisation signing the contract is situ-
ated with proof that the product has in fact been delivered and
accepted for processing.

Aid shall not be granted if the proof referred to in the second
paragraph is not provided, or for quantities in respect of which
the checks referred to in the first paragraph have not been
conducted.

Article 22

Date of payment of the aid

The aid shall be paid to producer organisations:

(a) for quantities of sweet oranges, mandarins, clementines,
satsumas,
lemons, grapefruits and pomelos accepted for
processing during the first half of the marketing year, no
later than 30 June;

(b) for quantities of sweet oranges,

lemons, grapefruits and
pomelos accepted for processing during the second half of
the marketing year, no later than 31 December of the
following marketing year;

(c) for quantities of mandarins and clementines accepted for
processing during the third quarter of the marketing year,
no later than 30 September.

Article 23

CHAPTER VI

CHECKS AND PENALTIES

SECTION 1

Checks

Article 24

National measures

1. Without prejudice to Title VI of Regulation (EC) No
2200/96, Member States shall take the necessary steps:

(a) to ensure that this Regulation is complied with;

(b) to prevent and prosecute irregularities and apply the penal-

ties provided for in this Regulation;

(c) to recover sums lost as a result of irregularities or negli-

gence;

(d) to verify the records provided for in Articles 25 and 26,
ensuring that they tally with the accounting required of
producer organisations and processors under national law;

(e) to carry out unannounced checks as referred to in Article

27 during the appropriate periods.

2.
The Member States shall programme their checks referred
to in Article 27 on the basis of a risk analysis that takes
account, among other things, of:

(a) the findings of checks conducted in earlier years;

(b) developments since the preceding year;

(c) the raw material yield by homogeneous production zone;

(d) the ratio of the quantities delivered to the estimated total

harvest;

(e) the yield of the raw material in terms of finished product.

The risk analysis criteria shall be regularly updated.

3. Where irregularities or anomalies are found, the Member
increase the frequency and percentage of checks
States shall
referred to in Article 27, having regard to the seriousness of
the findings.

Payment of aid to members of producer organisations

Article 25

Within 15 working days following receipt of
the
producer organisation shall pay in full the amounts received,
by bank or postal transfer, to its members and, where applic-
able, to producers referred to in Article 15(2)(a) and (b). In
cases covered by Article 4(2)(b), payment may be made by
opening a credit line.

the aid,

Where a producer organisation is wholly or partly composed
of members which are themselves organisations with legal
personality composed of producers, payments as provided for
in the first paragraph shall be paid on by those member organi-
sations to the producers within 15 working days.

Records of producer organisations

Producer organisations delivering products for processing
1.
shall keep a record of each product delivered. These records
shall include the following information:

(a) in the case of quantities delivered under multiannual

contracts:
(i) the lots delivered each day, and the identification

number of the contract to which they relate;

(ii) the net weight of each lot delivered and accepted for
processing, minus any reduction, and the identification
number of the relevant delivery certificate;

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(b) in the case of quantities delivered under

short-term

contracts:

(i) the lots delivered each day, and the identification

number of the contract to which they relate;

(ii) the net weight of each lot delivered and accepted for
processing, minus any reduction, and the identification
number of the relevant delivery certificate;

(ii) the net weight of each lot received and accepted for
processing, the identification number of the relevant
delivery certificate and the precise identification of the
means of transport used;

(b) in the case of the other quantities purchased:

(i) the lots received each day, and the name and address of

(iii) the total quantity delivered each day, broken down on

the seller;

the basis of the applicable aid;

(c) in the case of quantities delivered otherwise than under

contract:

(i) the lots delivered each day, and the name and address

of the processor;

(ii) the net weight of each lot delivered and accepted for

processing.

2.
Producer organisations and the individual producers
referred to in Article 15(2) shall submit to all inspections and
checks deemed necessary by the competent authorities and
shall keep all additional records and information required by
those authorities for checking compliance with this Regulation.

For each basic product, those additional records and informa-
tion must make it possible to establish, for each producer,
whether the areas, the total harvest, the total quantities deliv-
ered to the producer organisation and the quantities delivered
for processing tally with the aid payments and the payments
received from the processor. To this end, such additional
records and information shall also cover the quantities sold for
the fresh products market, those withdrawn from the market
and the remaining quantities.

(ii) the net weight of each lot received;

(c) the quantities of juice obtained each day, broken down by
Brix concentration, specifying the quantities obtained from
lots delivered under contract;

(d) the quantities of segments obtained each day, specifying the
quantities obtained from lots delivered under contract;

(e) the quantities and prices of finished products bought by the
processor each day, with the name and address of the seller
indicated;

(f) the quantities and prices of each finished product leaving
the processor's premises each day, giving the name and
address of the consignee; this information may be recorded
by reference to supporting documents held elsewhere,
provided that they contain the requested information;

(g) the quantities of each finished product in stock at the end

of the marketing year.

The Member States may decide what form the records

3.
provided for in paragraphs 1 and 2 shall take.

The quantities shall be expressed as net weight.

The records or accounting documents required under
4.
law may be used for the purposes of this Article,
national
provided that they contain all the information referred to in
paragraph 1.

In the case of juice, the quantities referred to under (e), (f) and
(g) shall be broken down on the basis of their Brix concentra-
tion.

The Member States may decide that the records provided for in
paragraphs 1 and 2 shall be certified in the same way as those
records or accounting documents required under national law,
provided that this does not have an adverse effect on controls
on the production aid scheme.

Article 26

Records of processors

Processors shall keep a record of each product purchased.

1.
These records shall include the following information:

(a) in the case of quantities purchased from producer organisa-

tions under contract:

Processors shall update daily their juice and/or segment records
for each plant.

Processors shall keep proof of payment for all raw mate-
2.
rials purchased under contract or a written amendment thereto
for five years from the end of the year in which the product
concerned was processed. Processors shall also keep proof of
any purchases or sales of processed juice for five years.

Processors shall submit

3.
inspections and checks
considered necessary by the competent authorities and shall
keep all additional records required by those authorities for the
purposes of the checks deemed necessary.

to all

(i) the lots

received each day, and the identification

number of the contract to which they relate;

The Member States may decide what form the records

4.
provided for in paragraphs 1 and 3 shall take.

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The records or accounting documents required under
5.
national
law may be used for the purposes of this Article,
provided that they contain all the information referred to in
paragraph 1.

certificates referred to in Article 17(2), the precise iden-
tification of the means of transport used and compli-
ance with the minimum requirements laid down in
Annex I,

The Member States may decide that the records provided for in
paragraphs 1 and 3 shall be certified in the same way as those
records or accounting documents required under national law,
provided that this does not have an adverse effect on controls
on the production aid scheme.

(ii) 10 % of the price transfers referred to in Article 7(1)(f);

(b) physical and accounting checks on at least 10 % of the
finished products obtained, in order to verify the yield of
raw materials processed in terms of the finished product
obtained under contract and otherwise than under contract;

Article 27

Checks

For each producer organisation delivering sweet oranges,
lemons, grapefruit and
shall be

1.
mandarins, clementines,
pomelos
conducted for each product and marketing year:

following checks

for processing,

satsumas,

the

(a) physical checks on at least:

(i) 5 % of the areas referred to in point (a) of the first para-

graph of Article 9 and in Article 15(1)(a),

(ii) 20 % of the quantities delivered for processing, in order
to check that they tally with the delivery certificates
referred to in Article 17(2) and comply with the
minimum quality requirements laid down in Annex I;

(b) administrative and accounting checks on at least:

(i) 5 % of producers covered by contracts,

in order to
check in particular that for each producer the areas, the
total harvest, the quantity delivered to the producer
organisation and the quantity delivered for processing
all tally with the aid payments provided for in Article
23 and the payments received;

(ii) 10 % of the agreements referred to in Article 15(3);

(c) administrative and accounting checks to verify that the total
of the quantities of products delivered to the producer
organisation by the producers referred to in Article 15(1)
and (2), the total of the quantities delivered for processing,
the total of the delivery certificates referred to in Article
17(2), and the total of the quantities stated in the applica-
tions for aid all tally with the aid paid under Article 23 and
the payments received from the processor;

(d) checks on all aid applications and supporting documents,

and crosschecks on all declared parcels.

(c) administrative and accounting checks to verify, on the basis
of the invoices issued and received and on the basis of the
finished product
accounting data,
obtained from the raw materials received and the quantities
of finished products purchased tally with the quantities of
finished products sold;

the quantity of

that

(d) physical and accounting checks on all stocks of finished
products at least once each year, to ensure that they tally
with the finished products manufactured, purchased and
sold.

In the case of processors or processing plants that did not parti-
cipate in the aid scheme in the previous marketing year, the
checks referred to in point (d) shall be conducted at least twice
in the first year in which they participate in the scheme.

SECTION 2

Penalties

Article 28

Reduction of aid in case of discrepancy between aid
applied for and amount due

1. Where it is ascertained, for a given product, that the aid
applied for in respect of any marketing year exceeds the
amount due, then that amount shall be reduced, unless the
difference is clearly due to error. The reduction shall be equal
to the difference. If the aid has already been paid, the benefi-
ciary shall pay back twice the difference, plus interest calculated
in accordance with Article 36(2).

2.
For processors of sweet oranges, mandarins, clementines,
satsumas, lemons, grapefruit and pomelos, the following checks
shall be conducted for each plant, product and marketing year:

2.
If the difference referred to in paragraph 1 is more than
20 %, the beneficiary shall lose all entitlement to the aid and, if
the aid has already been paid, reimburse the total aid, plus
interest calculated in accordance with Article 36(2).

(a) administrative and accounting checks on at least:

(i) 5 % of the lots received under each type of contract
(short-term or multiannual) to verify that the quantities
concerned are covered by a contract and by delivery

In addition, if the difference is more than 30 %, the producer
organisation shall be excluded from the aid scheme for the
product concerned for the following three marketing years.

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Article 29

Reduction of aid in case of discrepancy between quantity
delivered and minimum quantity under multiannual
contracts

Except in cases of force majeure, if the quantity delivered of a
product under a multiannual contract for a marketing year is
found to be less than the minimum quantity laid down in
Article 6(4), the corresponding aid shall be reduced by 50 %
for the marketing year in question. If the aid has already been
paid, the beneficiary shall pay back the difference between the
aid paid and the aid due, plus interest calculated in accordance
with Article 36(2).

Furthermore, if, for a given product, a producer organisation
fails to deliver the minimum quantity for a marketing year
under three or more multiannual contracts at the same time, it
shall
immediately be prohibited from signing further multi-
annual contracts for the product in question. The duration of
the prohibition shall be not less than two marketing years and
shall be determined by the Member States having regard to the
seriousness of the failure.

Article 30

Reduction of aid in case of discrepancy between quantity
accepted for processing and quantity contracted for

1.
Except in cases of force majeure, if the quantities accepted
for processing during a marketing year under each contract
referred to in Article 6(1)(a) and (b) are found to be less than
the quantities contracted for in respect of that marketing year,
including any amendments thereto, the corresponding aid shall
be reduced by:

(a) 25 %, if the discrepancy between the quantities accepted for
processing and the quantities contracted for is equal to or
more than 25 % but
the quantities
contracted for;

less than 40 % of

(b) 40 %, if the discrepancy between the quantities accepted for
processing and the quantities contracted for is equal to or
more than 40 % but
the quantities
contracted for.

less than 50 % of

No aid shall be granted if the discrepancy between the quanti-
ties accepted for processing and the quantities contracted for is
50 % or more of the quantities contracted for.

If the aid has already been paid, the producer organisation shall
pay back the difference between the aid paid and the aid due,
plus interest calculated in accordance with Article 36(2).

2.
In the case of multiannual contracts, where it is possible
to apply Article 29 and paragraph 1 of this Article simulta-
neously, the higher penalty shall be imposed.

Article 31

contract shall reimburse 40 % of the aid received under that
contract, plus interest calculated in accordance with Article
36(2).

In addition, in the case of multiannual contracts, if its found
that a producer organisation has cancelled all or part of two or
more contracts in the same marketing year, the producer orga-
nisation shall not conclude any further multiannual contract
under Regulation (EC) No 2202/96 for three marketing years
from the date on which the competent body in the Member
State concerned becomes aware of the cancellation. Failure to
deliver a product for one of the marketing years under a multi-
annual contract shall be deemed a cancellation of the contract
in question, except in the case of bankruptcy of the processor.

Article 32

Cancellation of a contract due to the fault of the processor

In the case where a producer organisation is not in a position
to comply with its contractual obligations due to the fault of
the processor,
the producer organisations that have signed
short-term and/or multiannual contracts with this processor
may be authorised by the competent authorities of the Member
law, to cancel
in accordance with national
State concerned,
such contracts or to transfer them, unchanged,
to another
processor. Producer organisations that have been granted by
the competent national authorities the authorisation for cancel-
ling or transferring their contracts shall not be subject to the
penalties or reductions provided for in Article 31.

Article 33

Reduction in aid resulting from checks on areas

1.
If the area checks referred to in Article 27(1)(a) and (d)
reveal that the area declared is larger than that actually deter-
mined, at the level of the total area checked, the aid payable to
the producer organisation shall be reduced, unless the differ-
ence is clearly due to error:

(a) by the percentage of the discrepancy established,

if it is
more than 5 % but not more than 20 % of the area deter-
mined;

(b) by 30 % if the discrepancy is more than 20 % of the area

determined.

Where the area declared is less than the area actually deter-
mined, and the discrepancy is more than 10 % of the area
determined, the aid payable to the producer organisation shall
be reduced by half the percentage of the discrepancy estab-
lished.

Reduction of aid in case of cancellation of a contract

If it is found that a processing contract has been totally or
partially cancelled by common agreement of both parties
before its full term, the producer organisation that signed the

2.
The reductions provided for in paragraph 1 shall not
apply where the producer organisation has submitted factually
correct information or can show otherwise that it is not at
fault.

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The reductions provided for in paragraph 1 shall not apply if
the producer organisation or its members inform the compe-
tent authority in writing that the data are incorrect or have
become incorrect since the information referred to in Article
15(1) was sent, provided that the producer organisation or its
the competent authority's
members were not
intention to carry out an on-the-spot check or that it was not
informed by the competent authority of any irregularity found.

informed of

Article 34

National penalties

The Member States shall take the necessary measures to ensure
that the provisions on aid payments are complied with,
in
accordance with Article 23. They shall provide in particular for
penalties commensurate with the seriousness of any irregularity
to be imposed on the officers of the producer organisation.

Where a producer organisation commits a subsequent irregu-
larity,
the Member State shall withdraw that organisation's
recognition, or preliminary recognition in the case of a
producer group granted preliminary recognition.

Article 35

Penalties to the processor

Except in cases of force majeure, where it is found that the
1.
full quantity of a product accepted for processing under
contract has not been processed into one of the products listed
in Article 1 of Regulation (EC) No 2202/96, the processor shall
pay to the competent authorities an amount equal to twice the
unit amount of the aid multiplied by the quantity of the raw
material concerned which has not been processed, plus interest
calculated in accordance with Article 36(2).

In addition, except in cases duly justified to the satisfaction of
the Member State, the processor's approval as provided for in
Article 5 of this Regulation shall be suspended:

(a) for the marketing year following the finding, if the differ-
ence found between the quantity accepted for processing
and the quantity actually processed is equal to or more
than 10 % but less than 20 % of the quantity accepted for
processing;

(b) for two marketing years following the finding, if the differ-

ence is equal to or more than 20 %.

The Member States shall exclude the processor from the

2.
aid scheme provided for in Regulation (EC) No 2202/96:

(a) where the producer organisation makes false declarations

with the collaboration of the processor;

(b) where the processor repeatedly fails to pay the price

referred to in Article 7(1)(f) of this Regulation;

(d) where the processor fails to pay the penalties provided for

in paragraph 1 of this Article;

(e) where the processor fails to comply with the obligations
referred to in paragraphs 1, 2 or 3 of Article 26 of this
Regulation;

(f) in case of repeated application of Article 31 of this Regu-

lation.

The duration of the exclusion of the processor from the aid
scheme shall be not less than one marketing year and shall be
determined by the Member States having regard to the serious-
ness of the failure.

Article 36

Payment of the amount recovered

Amounts recovered and interest due pursuant

1.
to the
provisions of this section shall be paid to the competent paying
agency and deducted from expenditure financed by the Euro-
pean Agricultural Guidance and Guarantee Fund.

The

interest

rate of

2.
calculated
according to the provisions of national law but shall not be
lower than the interest rate applicable for the recovery of
amounts under national provisions.

applicable

shall be

Article 37

Compliance with processing thresholds

Compliance with national and Community thresholds shall be
ascertained on the basis of the quantities processed with aid
under Regulation (EC) No 2202/96 in each of the Member
States in question.

Article 38

Administrative cooperation between Member States

The Member States shall take the measures required to ensure
reciprocal administrative cooperation with a view to ensuring
that this Regulation is properly applied.

CHAPTER VII

NOTIFICATIONS TO THE COMMISSION

Article 39

Notifications

1.

Each Member State shall notify to the Commission:

(a) before the beginning of each marketing year, if it has had
recourse to Article 5(3) of Regulation (EC) No 2202/96 and
the quantities of each of the sub-thresholds concerned;

(c) where the processor repeatedly fails to meet the time limit
for payment referred to in the last subparagraph of Article
7(1) of this Regulation;

(b) the quantity of each product contracted for in the current
marketing year, broken down by type of contract, no later
than 31 March;

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(c) the quantity of each product delivered for processing under
Regulation (EC) No 2202/96 in the periods referred to in
Article 2(4) of this Regulation, no later than 1 August of
the current marketing year.

In the case of clementines, the quantity referred to in (c) shall
be broken down into products delivered for processing into
segments on the one hand and into juice on the other.

2.
For each marketing year, each Member State concerned
shall notify to the Commission no later than 1 March of the
following year:

(a) the quantities of each product received by the approved
processors operating in their national
territory, broken
down by the resulting finished product, and where applic-
able, the quantities of each product received for processing
from another Member State;

4. Member States shall adopt the necessary provisions to
ensure that all data contained in the notifications and reports
to the Commission referred to in paragraphs 1, 2 and 3 are
correct, complete, definitive and have been duly verified by the
competent authorities prior to being communicated to the
Commission.

CHAPTER VIII

TRANSITIONAL AND FINAL PROVISIONS

Article 40

Conclusion of contracts for the 2003/04 marketing year

(b) the quantities of each product received by the processors
under contract, broken down by type of contract (short-
term or multiannual);

By way of derogation from Article 10,
for the 2003/04
marketing year, contracts shall be concluded no later than
1 November 2003.

(c) the quantities of each product received by the processors
under contract, broken down by the resulting finished
product;

(d) the quantity of finished products obtained from each of the

quantities referred to in (a);

Article 41

Repeal

(e) the quantity of finished products obtained from each of the

quantities referred to in (c);

Regulation (EC) No 1092/2001 is hereby repealed with effect
from the date of application of this Regulation for each of the
products concerned.

(f) the quantities of each finished product in stock at the end

of the processing operations for that marketing year;

(g) the quantities of each product contracted for and delivered

by type of contract (short-term or multiannual);

(h) the quantities of each product delivered, broken down on

the basis of the corresponding amount of aid;

(i) the expenditure, expressed in national currency, on aid paid

to the producer organisations for each product.

The quantities shall be expressed as net weight.

However, Articles 3, 4 and 5 of Regulation (EC) No 1092/2001
shall remain applicable to contracts already concluded before
the entry in force of this Regulation.

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 II.

Article 42

Entry into force

In the case of juice, the quantities referred to under (d) and (e)
shall be broken down on the basis of their Brix concentration.

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

3.
For each marketing year, each Member State concerned
shall, no later than 1 March of the following year, prepare a
report on the checks made, specifying the number of checks
and the results, broken down by type of finding. These reports
shall be notified to the Commission no later than 15 March of
the following year.

It shall apply from the marketing year 2003/04 for each of the
products concerned.

However, Article 5 and Article 17(4) and (5) shall apply from 1
May 2004.

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Official Journal of the European Union

L 317/19

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

Done at Brussels, 1 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

MINIMUM QUALITY REQUIREMENTS REFERRED TO IN ARTICLE 16

Products delivered for processing must:

1. be whole, of sound, genuine and merchantable quality and suitable for processing. Products affected by rot are

excluded;

2. comply with the following minimum values:

(a) products for processing into juice

Oranges

Mandarins

Clementines

Grapefruit and pomelos

Lemons

(1) Refractometric method.

(b) products for processing into segments

Clementines

Satsumas

(1) Refractometric method.

Yield in juice

Degrees Brix (1)

30 %

23 %

25 %

22 %

20 %

10°

9°

10°

8°

7°

Yield in juice

Degrees Brix (1)

33 %

33 %

10°

10°

For processing into segments, clementines and satsumas must be at least 45 mm in size.

L 317/20

EN

Official Journal of the European Union

2.12.2003

ANNEX II

CORRELATION TABLE

Regulation (EC) No 1092/2001

This Regulation

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4)

Article 3(5)

Article 3(6)

Article 3(7)

Article 3(8)

Article 4

Article 5(1)

Article 5(2)

Article 5(3)

Article 6(1)

Article 6(2)

Article 7(1)

Article 7(2)

Article 7(3)

Article 1(1)

Article 2(1)

Article 2(2) and (3)

Article 2(4)

Article 4

Article 6(1)

Article 7(1)

Article 7(2) first subparagraph

Article 6(3)

Article 6(4)

Article 7(2) second subparagraph

Article 8

Article 9

Article 10

Article 11(1)

Article 11(2)

Article 12(1) and (2) first subparagraph

Article 12(2) second subparagraph

Article 13

Article 14(1)

Article 14(2)

Article 8(1) to (5)

Article 15(1) to (5)

Article 8(6) first subparagraph

Article 3

Article 8(6) second subparagraph

Article 15(1) second subparagraph

Article 9

Article 10(1)

Article 10(2)

Article 10(3)

Article 10(4)

Article 10(5)

Article 11

Article 12(1)

Article 12(2)

Article 12(3)

Article 12(4)

Article 16

Article 17(1)

Article 17(2) and 17(3)

Article 17(6)

Article 17(7)

Article 17(8)

Article 18

Article 19(1)

Article 19(3)

Article 19(2)

Article 19(4)

2.12.2003

EN

Official Journal of the European Union

L 317/21

Regulation (EC) No 1092/2001

This Regulation

Article 13(1)

Article 13(2)

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20(1) first subparagraph

Article 20(1) second subparagraph

Article 20(2)

Article 20(3)

Article 20(4)

Article 20(5)

Article 20(6)

Article 20(7)

Article 20(8)

Article 20(9)

Article 21(1)

Article 21(2)

Article 21(3)

Article 22(1)

Article 22(2)

Article 23

Article 25

Article 26

Annex

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28(1)

Article 36(2)

Article 28(2)

Article 36(1)

Article 34 first subparagraph

Article 29

Article 30

Article 31

Article 33

Article 34 second subparagraph

Article 35(1)

Article 35(2)

Article 36(1)

Article 37

Article 38

Article 39

Article 41

Article 42

Annex I