Commission Regulation (EC) No 789/2005 of 25 May 2005 amending Regulation (EEC) No 1858/93 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the aid scheme to compensate for loss of income from marketing in the banana sector
Date: 2005-05-25
Institutions: European Commission
Subjects: aid to agriculture, financial loss, regulation of agricultural production, tropical fruit

26.5.2005

EN

Official Journal of the European Union

L 132/13

COMMISSION REGULATION (EC) No 789/2005

of 25 May 2005

amending Regulation (EEC) No 1858/93 laying down detailed rules for applying Council Regulation
(EEC) No 404/93 as regards the aid scheme to compensate for loss of income from marketing in the
banana sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. The third subparagraph of paragraph 2(b) is replaced by the

following:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 404/93 of
13 February 1993 on the common organisation of
the
in bananas (1), and in particular Article 14 thereof,
market

Whereas:

(1)

(2)

(3)

(4)

7

Regulation

Commission

the balance of

lays down the detailed rules

(EEC)
Article
of
No 1858/93 (2)
for
applying Regulation (EEC) No 404/93 as regards the
submission of applications for advances and payment
the compensatory aid for loss of
of
income
as
provided for by Article 12 of Regulation (EEC) No
404/93. With a view to sound management and to
obtaining by year-end all
the data and information
needed to fix the aid in particular, penalties should be
provided for where there is a delay in the submission of
applications for payment of the balance.

from marketing in the banana

sector,

The supporting documents that must accompany the
payment applications should also be specified and these
documents must include proof of the goods’ actual sale,
in particular their acceptance by the buyer.

Regulation (EEC) No 1858/93 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Bananas,

HAS ADOPTED THIS REGULATION:

Article 1

applications

the balance

for payment of

‘Where
are
submitted after the date referred to in point (b) of the first
subparagraph, a 1 % reduction per working day shall be
applied to the amount of
the balance to which the
producer would have been entitled had the application
been submitted in time. Where the delay exceeds 15 days,
the application shall be inadmissible.

In duly justified exceptional cases, the competent authority
may accept applications for payment of the balance after the
date referred to in point (b) of the first subparagraph, if this
delay does not prevent the checks under Article 10(1) from
going ahead. In such cases the provisions of the preceding
subparagraph shall not apply.’

2. Paragraph (4) is replaced by the following:

‘4.

Applications shall be accompanied by the following:

— the certificates of conformity or,

the
certificate of exemption referred to in Article 7 of
Commission Regulation (EC) No 2898/95 (*),

if appropriate,

— sales invoices,

— the

transport documents,

in the

case of bananas

marketed outside the production region.

The documents submitted must prove that the goods have
been accepted by the buyer.

___________
(*) OJ L 304, 16.12.1995, p. 17.’

Article 7 of Regulation (EEC) No 1858/93 is hereby amended as
follows:

3. The following paragraph 4a is inserted:

(1) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by the 2003

Act of Accession.

(2) OJ L 170, 13.7.1993, p. 5. Regulation as

last amended by
Commission Regulation (EC) No 471/2001 (OJ L 67, 9.3.2001,
p. 52).

‘4a.
Applications without the information referred to in
paragraph 3 and not accompanied by the supporting
documents and proofs mentioned in paragraph 4 shall be
inadmissible.’

L 132/14

EN

Official Journal of the European Union

26.5.2005

Article 2

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

However, Article 1(2) and (3) shall apply for the first time to applications for advances relating to the
quantities marketed in May and June 2005.

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

Done at Brussels, 25 May 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission