Commission Regulation (EC) No 416/2004 of 5 March 2004 laying down transitional measures for the application of Council Regulation (EC) No 2201/96 and Regulation (EC) No 1535/2003 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
Date: 2004-03-05
Institutions: European Commission
Subjects: aid system, common organisation of markets, fruit product, vegetable product

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 416/2004

of 5 March 2004

laying down transitional measures for the application of Council Regulation (EC) No 2201/96 and
Regulation (EC) No 1535/2003 by reason of the accession of the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the Treaty of Accession of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular the first paragraph of
Article 41 thereof,

overrun at the end of the marketing year. For subsequent
marketing years, provision should be made for the
gradual application of the system for examining compli-
ance with the threshold.

Since the aid for tomatoes is published in the January
preceding the marketing year concerned,
transitional
measures
should also be laid down for examining
compliance with the threshold for the purposes of fixing
the level of aid for the 2007/08 marketing year.

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

(4)

(5)

Whereas:

(1)

(2)

(3)

Transitional measures should be adopted to allow produ-
cers and processors in the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia (hereafter the new Member States)
to benefit from the provisions of Council Regulation
(EC) No 2201/96 of 28 October 1996 on the common
organisation of the markets in processed fruit and vege-
table products (1).

authorities

Under Commission Regulation (EC) No 1535/2003 of
29 August 2003 laying down detailed rules for applying
Council Regulation (EC) No 2201/96 as regards the aid
scheme for products processed from fruit and vegeta-
bles (2) contracts must be concluded for
tomatoes,
peaches and pears between processors approved by the
competent
organisations
granted recognition or preliminary recognition. A
temporary derogation should be made from the time-
table for concluding contracts laid down in Regulation
(EC) No 1535/2003. Otherwise, and particularly in the
case of tomatoes, for which contracts must be concluded
before 15 February,
the parties concerned would be
unable to benefit from the aid scheme during the first
marketing year.

and producer

The mechanism for examining compliance with the
national processing thresholds provided for in Article 5
of Regulation (EC) No 2201/96 does not apply immedi-
ately to the new Member States. Transitional measures
for its application should therefore be laid down. For the
first marketing year of application, for which there are
no data for the calculation, the aid should be paid in
full. However, as a precautionary measure, a prior reduc-
tion should be made to be reimbursed if there is no

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by
Commission Regulation (EC) No 453/2002 (OJ L 72, 14.3.2002,
p. 9).

(2) OJ L 218, 30.8.2003, p. 14.

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Article 6(1)(a) of Regulation (EC) No 1535/
2003, in the case of tomatoes in the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia (hereafter the new Member States) during the 2004/05
marketing year, contracts between recognised producer organi-
sations within the meaning of paragraph 1(1)(a) of the said
Regulation and approved processors shall be concluded by 15
July and at least 10 days before deliveries are to commence.

Article 2

For the 2004/05 marketing year and for the new Member
States, the aid provided for in Article 4(2) of Regulation (EC)
No 2201/96 shall be:

— EUR 25,88/tonne for tomatoes,

— EUR 35,78/tonne for peaches,

— EUR 121,28/tonne for pears.

Article 3

1. Where the examination of compliance with the threshold
for the purpose of fixing the aid for the 2005/06 marketing
the Community threshold has not been
year shows that
exceeded, an additional amount equal
the aid
provided for in Article 4(2) of Regulation (EC) No 2201/96
shall be paid in all the new Member States after the end of the
2004/05 marketing year.

to 25 % of

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2. Where the examination of compliance with the threshold
for the purpose of fixing the aid for the 2005/06 marketing
year shows that the Community threshold has been exceeded,
in those new Member States in which the threshold has not
been exceeded or in which the threshold has been exceeded by
less than 25 % an additional amount shall be paid after the end
of the 2004/05 marketing year.

The additional amount referred to in the first subparagraph
shall be based on the amount by which the national threshold
concerned has been exceeded, up to a maximum of 25 % of
the aid laid down in Article 4(2) of Regulation (EC) No 2201/
96.

Article 4

In examining compliance with the national processing thresh-
olds for tomatoes, peaches and pears in the new Member
States, the calculation shall be based:

(a) for the 2005/06 marketing year:

(i) in the case of tomatoes, on the quantities for which aid
applications were submitted for the 2004/05 marketing
year;

(ii) in the case of peaches and pears, on the quantities for
which aid was actually paid during the 2004/05
marketing year;

(b) for the 2006/07 marketing year:

(i) in the case of tomatoes, on the average of the quantities
for which aid was actually paid during the 2004/05
marketing year and the quantities for which aid applica-
tions were submitted for the 2005/06 marketing year;
(ii) in the case of peaches and pears, on the average quanti-
ties for which aid was actually paid during the 2004/05
and 2005/06 marketing years;

(c) for the 2007/08 marketing year in the case of tomatoes,
the average of the quantities for which aid was actually
paid during the 2004/05 and 2005/06 marketing years and
the quantities for which aid applications were submitted for
the 2006/07 marketing year.

The quantity obtained when examining compliance with the
national threshold shall be added to the amounts for all the
other Member States for the purposes of examining compliance
with the Community threshold.

Article 5

This Regulation shall enter into force subject to and on the
date of entry into force of the Treaty of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

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

Done at Brussels, 5 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission