Commission Regulation (EC) No 594/2004 of 30 March 2004 determining the operative events applicable to products in the fruit and vegetables sector and to processed fruit and vegetable products
Date: 2004-03-30
Institutions: European Commission
Subjects: agri-monetary policy, fruit product, representative rate, vegetable product

31.3.2004

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COMMISSION REGULATION (EC) No 594/2004

of 30 March 2004

determining the operative events applicable to products in the fruit and vegetables sector and to
processed fruit and vegetable products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2799/98 of 15
December 1998 establishing agrimonetary arrangements for
the euro (1), and in particular Article 3(2) thereof,

Whereas:

(1)

(2)

Regulation (EC) No 2799/98 introduced new agrimone-
tary arrangements from 1 January 1999. The detailed
rules for applying those arrangements are laid down in
Commission Regulation (EC) No 2808/98 (2). That Regu-
lation determines the operative events for the applicable
conversion rates on the basis of the criteria set out in
Article 3 of Regulation (EC) No 2799/98, without preju-
dice to further details to be specified or derogations to
be provided for, where necessary, by regulations
covering the product groups concerned. The operative
events for the conversion rates applicable to products in
the fruit and vegetables sector and to processed fruit and
vegetable products should therefore be laid down and
grouped in a single regulation.

Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in
fruit and vegetables (3) and Council Regulation (EC) No
2201/96 of 28 October 1996 on the common organisa-
tion of the markets in processed fruit and vegetable
products (4) have been frequently amended. In the inter-
ests of clarity, Commission Regulation (EC) No 293/98
of 4 February 1998 determining the operative events
applicable to products in the fruit and vegetables sector,
to processed fruit and vegetable products and partly to
live plants and floricultural products and to certain
products listed in Annex II
to the EC Treaty, and
repealing Regulation (EC) No 1445/93 (5) should be
repealed and replaced by a new regulation.

(1) OJ L 349, 24.12.1998, p. 1.
(2) OJ L 349, 24.12.1998, p. 36. Regulation as last amended by Regu-

lation (EC) No 2304/2003 (OJ L 342, 30.12.2003, p. 6).

(3) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p.
64).

(4) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by
Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p.
25).

(5) OJ L 30, 5.2.1998, p. 16. Regulation as last amended by Regulation

(EC) No 1410/1999 (OJ L 164, 30.6.1999, p. 53).

The second subparagraph of Article 4(1) of Commission
Regulation (EC) No 1432/2003 of 11 August 2003
laying down detailed rules for the application of Council
Regulation (EC) No 2200/96 regarding the conditions
for recognition of producer organisations and preli-
minary recognition of producer groups (6)
fixes the
minimum volume of marketable production required of
recognised producer organisations pursuant to Article
11(2)(a) of Regulation (EC) No 2200/96. Since the
volumes concerned are annual, the operative event for
the agricultural conversion rate for these volumes should
be defined under Article 3(2) of Regulation (EC) No
2799/98 as falling on 1 January of the relevant year.

(4)

(5)

Article 15(3) of Regulation (EC) No 2200/96 lays down
the conditions in which Member States may set a limit
to the Community withdrawal
on the supplement
funds. These
compensation paid by the operational
maximum national supplements are set out in Annex II
to Commission Regulation (EC) No 103/2004 of 21
January 2004 laying down detailed rules for imple-
menting Council Regulation (EC) No 2200/96 as regards
intervention arrangements and market withdrawals in
the fruit and vegetable sector (7). The operative event
applicable to the corresponding withdrawal compensa-
tion should apply to the conversion rate of this limit and
maximum supplement.

Point 3 of Annex I to Commission Regulation (EC) No
1433/2003 of 11 August 2003 laying down detailed
rules for the application of Council Regulation (EC) No
2200/96 as regards operational programmes, operational
funds and Community financial assistance (8) determines
the maximum amount of overheads eligible for inclusion
in an operational programme. Since
amount
concerned is annual, the conversion rate applicable to
the other elements of the operational fund concerned
pursuant to Article 3(2) of Regulation (EC) No 2799/98,
and, as an exception, to Article 4(2) of Regulation (EC)
No 2808/98, should apply to that amount.

the

(6) OJ L 203, 12.8.2003, p. 18.
(7) OJ L 16, 23.1.2004, p. 3.
(8) OJ L 203, 12.8.2003, p. 25.

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(6)

(7)

(8)

(9)

The fourth indent of Article 3(1) of Regulation (EC) No
2808/98 provides that in the case of withdrawals of
products in the fruit and vegetables sector the operative
event for the conversion rate falls on the first day of the
month in which the withdrawal takes place. That rule
should apply not only to withdrawal operations carried
out in accordance with Article 23(1) of Regulation (EC)
No 2200/96, but also because related or similar opera-
tions are involved, to the aid towards the cost of trans-
port of fruit and vegetables distributed free as provided
for by Article 16(1) of Regulation (EC) No 103/2004 in
accordance with Article 30(6) of Regulation (EC) No
2200/96, and to the maximum costs of sorting and
packaging of products distributed free borne by the
Community as provided for in Article 17 of Regulation
(EC) No 103/2004 in accordance with Article 30(6) of
Regulation (EC) No 2200/96.

Article 2(3) of Commission Regulation (EC) No 3223/94
of 21 December 1994 on detailed rules for the applica-
tion of the import arrangements for fruit and vegeta-
bles (1) provides for a flat-rate amount to be deducted
from prices recorded in accordance with Article 2(2)
where those prices are established at the wholesaler/
retailer stage. Article 5(2) of Regulation (EEC) No 2808/
98 should apply in this case by analogy.

Article 5(2) of Regulation (EC) No 2808/98 should
apply to the calculation of the standard import value
referred to in Article 4(1) of Regulation (EC) No 3223/
94.

For the purpose of applying Article 5(1)(a) and Article
5(1a)(a) of Regulation (EC) No 3223/94 (invoice
method), the entry price of the lot concerned must be
expressed in euro. By analogy with Article 2 of Regu-
lation (EC) No 2808/98, the conversion rates applicable
must be those in force on the date of acceptance of the
customs declaration.

(10)

Export refunds as provided for in Article 35 of Regu-
lation (EC) No 2200/96 are included in the arrangements
for trade with third countries introduced by Title V of
that Regulation. Article 2 of Regulation (EC) No 2808/
98 should therefore apply.

(11) Article 2 of Regulation (EC) No 2201/96 introduces a
production aid scheme for certain products processed
from tomatoes, peaches and pears. That scheme provides
for aid to be granted to producer organisations. Simi-
larly, Article 6a of that Regulation introduces a produc-
tion aid scheme for dried figs and prunes. That scheme
provides for aid to be granted to processors provided
they pay a minimum price to producers. Owing to the
very large number of operators, processors and produ-
cers involved, the operative event for the conversion rate

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regu-

lation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

pursuant to Article 3(2) of Regulation (EC) No 2799/98,
and as an exception to Article 3(2) of Regulation (EC)
No 2808/98, should fall on the first day of the month in
which the processor
the products. This
takes over
taking-over should be defined.

(12) Article 3(1) of Regulation (EC) No 2808/98 should
apply to the buying-in price for dried grapes and dried
figs as referred to in Article 9(2) of Regulation (EC) No
2201/96.

(13) Article 9(4) of Regulation (EC) No 2201/96 provides for
storage aid for dried grapes and figs. That aid is granted
for the actual duration of storage. For reasons of admin-
istrative practicability, a monthly operative event should
be determined in accordance with Article 3(2) of Regu-
lation (EC) No 2799/98 for granting the aid.

(14) Article 3(1) of Regulation (EEC) No 2808/98 should
apply to the selling prices fixed in advance in euro
pursuant to Article 9(7) of Regulation (EC) No 2201/96
for dried grapes and figs held by the storage agencies.

(15)

(16)

(17)

The second indent of Article 5(4) of Regulation (EEC) No
2808/98 should apply to the securities referred to in the
second subparagraph of Article 9(3) and the second sub-
paragraph of Article 9(7) of Regulation (EC) No 2201/
96.

Export refunds as provided for in Article 16 of Regu-
lation (EC) No 2201/96 and export levies on certain
products containing added sugar as provided for in
Article 20 of that regulation are part of the arrange-
ments for trade with third countries introduced by Title
II of that regulation. Article 2 of Regulation (EC) No
2808/98 should therefore apply.

clementines

oranges, mandarins,

The scheme introduced by Council Regulation (EC) No
2202/96 of 28 October 1996 introducing a Community
aid scheme for producers of certain citrus fruits (2)
provides for aid to producer organisations for lemons,
grapefruit,
and
satsumas supplied to processors under contracts. Owing
to the very large number of operators, processors and
producers involved, the operative event for the conver-
sion rate pursuant to Article 3(2) of Regulation (EC) No
2799/98, and as an exception to Article 3(2) of Regu-
lation (EC) No 2808/98, should fall on the first day of
the month in which the processor
the
products. Taking over occurs when a delivery certificate
as provided for in Article 17(2) of Commission Regu-
lation (EC) No 2111/2003 of 1 December 2003 laying
down detailed rules for the application of Council Regu-
lation (EC) No 2202/96 introducing a Community aid
scheme for producers of certain citrus fruits (3) is drawn
up.

takes over

(2) OJ L 297, 21.11.1996, p. 49. Regulation as last amended by
Commission Regulation (EC) No 1933/2001 (OJ L 262, 2.10.2001,
p. 6).

(3) OJ L 317, 2.12.2003, p. 5.

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(18)

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

The conversion rate applicable to the flat-rate sorting and
3.
packing costs fixed in Article 17(1) of Regulation (EC) No 103/
2004 shall be the rate determined in accordance with para-
graph 1 above.

HAS ADOPTED THIS REGULATION:

CHAPTER I

DEFINITIONS

Article 1

Definitions

The definitions contained in Article 1 of Regulation (EEC)

1.
No 2799/98 shall apply for the purposes of this Regulation.

For the purposes of this Regulation, ‘taking-over of a lot’

2.
means the commencement of its physical delivery.

CHAPTER II

FRESH FRUIT AND VEGETABLES

Article 2

Producer organisations

The operative event for the rate for converting the minimum
volume of marketable production fixed in the second sub-
paragraph of Article 4(1) of Regulation (EC) No 1432/2003
into euro shall fall on 1 January of the relevant year.

Article 3

Operational funds

1.
For the purpose of applying the second subparagraph of
Article 15(3) of Regulation (EC) No 2200/96, the conversion
rate for the maximum supplements fixed in Annex II to Regu-
lation (EC) No 103/2004 shall be the rate applicable to the
Community withdrawal compensation concerned, as
fixed
pursuant to Article 4(1) of this Regulation.

2.
The operative event for the conversion rate applicable to
the lump sum fixed in point 3 of the Annex to Regulation (EC)
No 1433/2003 shall fall on 1 January in the year to which that
amount applies.

Article 4

Intervention, withdrawals, transport, sorting and packing
costs

1.
The operative event for the conversion rate for Com-
munity withdrawal compensation fixed in Annex V to Regu-
lation (EC) No 2200/96 shall fall on the first day of the month
in which the withdrawal takes place.

2.
The conversion rate applicable to the flat-rate transport
costs referred to in Article 16(1) of Regulation (EC) No 103/
2004 and fixed in Annex V to that Regulation shall be the rate
determined in accordance with paragraph 1 above.

Article 5

Entry prices

1.
The operative event for the rate applicable to the conver-
sion into the national currency of a non-participating Member
State of the flat-rate amount referred to in Article 2(3) of Regu-
lation (EC) No 3223/94 shall fall on the day on which the rele-
vant price was recorded.

2.
For the purpose of calculating the standard import value
referred to in Article 4(1) of Regulation (EC) No 3223/94, the
operative event for the conversion rate of the representative
prices shall fall on the day to which those prices apply.

3.
For the purpose of applying Article 5(1)(a) and Article
5(1a)(a) of Regulation (EC) No 3223/94, the operative event for
the conversion rate shall be the acceptance of the customs
declaration.

Article 6

Refunds

Article 2 of Regulation (EC) No 2808/98 shall apply to the
export refunds provided for in Article 35(1) of Regulation (EC)
No 2200/96.

CHAPTER III

PROCESSED FRUIT AND VEGETABLE PRODUCTS

Article 7

Processing aid for tomatoes, peaches, pears,

figs and

prunes

1.
The operative event for the conversion rate applicable to
the aid to producer organisations referred to in Article 2 of
Regulation (EC) No 2201/96 for tomatoes, peaches and pears
and the production aid for dried figs and prunes as referred to
in Article 6a(1) of that Regulation shall fall on the first day of
the month in which the processor takes over the products.

2.
The operative event for the conversion rate applicable to
minimum prices as referred to in Article 6a(2) of Regulation
(EC) No 2201/96 shall fall on the first day of the month in
which the processor takes over the products.

Article 8

Aid for dried grapes and dried figs

1.
The operative event for the conversion rate applicable to
the buying-in price referred to in Article 9(2) of Regulation
(EC) No 2201/96 shall fall on the day on which the products
are taken over by the storage agency within the meaning of
paragraph 1 of that Article.

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The operative event for the conversion rate applicable to
2.
the storage aid referred to in Article 9(4) of Regulation (EC) No
2201/96 shall fall on the first day of the month for which the
aid is granted.

3.
The operative event for the conversion rate applicable to
the selling prices fixed in advance according to Article 9(7) of
Regulation (EC) No 2201/96 for dried grapes and dried figs
held by the storage agencies shall fall on the day on which the
purchaser takes over the products, or on the day of payment if
this takes place first.

4.
The operative event for the conversion rate applicable to
the amount in euro of the securities referred to in the second
subparagraph of Article 9(3) and the second subparagraph of
Article 9(7) of Regulation (EC) No 2201/96 shall fall on the
day on which the tender or purchase application is submitted.

CHAPTER IV

CITRUS FRUIT FOR PROCESSING

Article 10

Aid to producer organisations for citrus fruit

The operative event for the conversion rate applicable to the
aid to producer organisations provided for in Article 3 of Regu-
lation (EC) No 2202/96 shall fall on the first day of the month
in which the products are delivered to the processing plant
within the meaning of Article 17(2) of Regulation (EC) No
2111/2003.

CHAPTER V

REPEAL AND FINAL PROVISION

Article 11

Entry into force

Article 9

Refunds

Regulation (EC) No 293/98 is hereby repealed.

References to the repealed regulation shall be construed as
reference to this Regulation and should be read in accordance
with the correlation table in the Annex.

The operative event
for the conversion rate applicable to
export refunds as provided for in Article 16 of Regulation (EC)
No 2201/96 and export levies as provided for in Article 20 of
that Regulation shall be the acceptance of the customs declara-
tion.

Article 12

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

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

Done at Brussels, 30 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

CORRELATION TABLE

Regulation (EC) No 293/98

This Regulation

Article 1

Article 2(1)
Article 2(2)
Article 2(3)
Article 2(4)

Article 3(1)
Article 3(2)
Article 3(3)
Article 3(4)

Article 4(1)
Article 4(2)
Article 4(3)

Article 5

Article 6

Article 7(1)
Article 7(2)

Article 8(1)
Article 8(2)
Article 8(3)
Article 8(4)
Article 8(5)
Article 8(6)
Article 8(7)

Article 9

First indent of Article 10
Second indent of Article 10
Third indent of Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 2

Article 3(1)
—
—
Article 3(2)

Article 4(1)
Article 4(2)
—
Article 4(3)

Article 5(1)
Article 5(2)
Article 5(3)

Article 6

—

Article 7(1) and (2)
—

—
Article 8(1)
Article 8(2)
—
Article 8(3)
—
Article 8(4)

—

—
Article 9
—

Article 10

—

—

—

—

—

—

Article 11

—

Article 12