Proposal of Council Regulation amending Regulation (EEC) No 2075/92 on the common organisation of the market in raw tobacco
Date: 2005-06-03
Institutions: European Commission
Subjects: common organisation of markets, redevelopment aid, tobacco

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 03.06.2005 
COM(2005)235 final 

2005/0105(CNS) 

Proposal of 

COUNCIL REGULATION 

amending Regulation (EEC) No 2075/92 
on the common organisation of the market in raw tobacco 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council Regulation (EEC) No 2075/92 on the common organisation of the market (COM) in 
raw  tobacco  provides  for  a  premium  and  a  production  limitation  system  in  Titles  I  and  II 
respectively thereof. Within a maximum overall guarantee threshold of raw leaf tobacco per 
harvest  for  the  Community,  the  Council  lays  down  guarantee  thresholds  for  each  variety 
group  for  three  consecutive  harvests  and  further  allocates  the  quantity  available  for  each 
variety group between producer Member States. The Council also fixes premiums by group of 
varieties. The premium is granted to raw tobacco produced and delivered on a contract basis 
to  first  processors  within  a  national  guarantee  threshold  by  group  of  varieties.  This  support 
scheme continues up to the 2005 harvest. 

Under  the  second  package  of  the  CAP  reform  agreed  in  April  2004,  the  premium  and 
production limitation systems are to be discontinued and a new support scheme is introduced: 
Article 152 of Council Regulation (EC) No 1782/2003 establishing common rules for direct 
support  schemes  under  the  common  agricultural  policy  and  establishing  certain  support 
schemes  for  farmers  provides  for  the  deletion  of  Titles  I  and  II  of  Regulation  (EEC) 
No 2075/92, as of 1 January 2005. However, the provisions laid down under those titles will 
continue to apply to applications for direct payments in respect of the 2005 harvest. 

As  a  result  of  the  abolition  of  the  premium  and  production  limitation  systems  and  of  the 
transfer  of  the  contents  some  Articles  and  the  Annex  to  the  foreseen  detailed  rules  for  raw 
tobacco, a number of Articles and the Annex of Regulation (EEC) No 2075/92 will become 
obsolete and should be deleted, for reasons of legal clarity and transparency. In particular, it is 
no longer necessary to maintain the provision for the quota buy-back programme in respect of 
the  2005  harvest.  Therefore,  it  is  necessary  to  amend  Council  Regulation  (EC)  No 2075/92 
accordingly. From 2010, the elements constituting the common organisation of the market in 
raw tobacco could be incorporated in a simplified COM. 

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2005/0105(CNS) 

Proposal of 

COUNCIL REGULATION 

amending Regulation (EEC) No 2075/92 
on the common organisation of the market in raw tobacco 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Whereas: 

(1) 

(2) 

Titles I and II of Council Regulation (EEC) No 2075/924 establish a premium as well 
as a production limitation system for tobacco production. 

Article  152  of  Council  Regulation  (EC)  No  1782/20035,  which  has  established 
common  rules  for  direct  support  schemes  under  the  common  agricultural  policy  and 
certain  support  schemes  for  farmers,  provides  for  the  deletion  of  Titles  I  and  II  of 
Regulation  (EEC)  No  2075/92  as  of  1  January  2005  but  specifies  that  they  shall 
continue  to  apply  in  respect  of  the  2005  harvest.  The  premium  and  production 
limitation  schemes  provided  for  in  Regulation  (EEC)  No  2075/92  expire  as  from  the 
end of the 2005 harvest. 

(3) 

Consequently a number of Articles of Regulation (EEC) No 2075/92 become obsolete 
and should be deleted for reasons of legal clarity and transparency. 

(4) 

It is therefore necessary to amend Regulation (EEC) No 2075/92 accordingly, 

1 
2 
3 
4 

5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 215, 30.7.1992, p. 70. Regulation as last amended by Regulation (EC) No 1782/2003, as amended 
by Regulation (CE) No 864/2004 (JO L 161, 30.4.2004, p. 48). 
OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 118/2005 
(OJ L 24, 27.1.2005, p. 15). 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EEC) No 2075/92 is amended as follows: 

(1) 

Article 1 is replaced by the following: 

“Article 1 

(2) 

(3) 

(4) 

(5) 

The  common  organisation  of  the  market  in  raw  tobacco  shall  cover  raw  or 
unmanufactured tobacco and tobacco refuse falling within CN heading 2401.” 

Articles 2, 12, 19, 25, 26 and 27 and the Annex are deleted. 

In Article 13(2), point (b) is replaced by the following. 

“(b)  specific  measures  to  help  tobacco  growers  to  switch  to  other  crops  or  other 
economic  activities  that  create  employment  and  studies  of  the  possibilities  for 
tobacco growers to do so.” 

Article 14 is deleted. 

Article 14a is replaced by the following: 

“Article 14a 

Detailed  rules  for  the  application  of  Article  13  shall  be  adopted  in  accordance  with 
the procedure referred to in Article 23.” 

(6) 

Article 17 is replaced by the following: 

“Article 17 

1.  Member  States  shall  take  all  the  necessary  action  to  ensure  and  verify 

compliance with Community provisions concerning raw tobacco. 

2. 

Rules  for  the  application  of  this  Title  shall  be  adopted  in  accordance  with  the 
procedure referred to in Article 23.” 

Article 2 

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

Article 1(1), (2) and (6) shall apply from 1 January 2006. 

However,  the  provisions  necessary  for  the  management  and  control  of  the  premium  system 
shall continue to apply in respect of the 2005 harvest. 

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

Done at Brussels, 

For the Council 
The President 

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FICHE FINANCIERE 

LIGNE BUDGETAIRE: 
05 02 10 

CREDITS: 
928,8 Mio € 

INTITULE DE LA MESURE: 
Proposition de règlement du Conseil modifiant le règlement (CEE) n° 2075/92 portant organisation 
commune de marché dans le secteur du tabac brut 

BASE JURIDIQUE: 
Article 37 du traité 

OBJECTIFS DE LA MESURE: 
Mettre à jour le règlement (CEE) n° 2075/92 

1. 

2. 

3. 

4. 

5. 

INCIDENCES FINANCIERES 

PERIODE DE
12 MOIS 

(Mio EUR) 

EXERCICE  
EN COURS 
2005 
(Mio EUR) 

EXERCICE 
SUIVANT 
2006 
(Mio EUR) 

5.0  DEPENSES A LA CHARGE 
– 
DU BUDGET DES CE 
(RESTITUTIONS/INTERVENTIONS) 
DES BUDGETS NATIONAUX 
– 
D'AUTRES SECTEURS 
– 

5.1  RECETTES 

RESSOURCES PROPRES DES CE 

– 
(PRELEVEMENTS/DROITS DE DOUANE)
SUR LE PLAN NATIONAL 
– 

– 

– 

– 

– 

– 

– 

5.0.1  PREVISIONS DES DEPENSES 
5.1.1  PREVISIONS DES RECETTES 

5.2  MODE DE CALCUL: 

– 

2007 

2008 

2009 

2010 

– 
– 

– 
– 

– 
– 

– 
– 

6.0 

6.1 

FINANCEMENT POSSIBLE PAR CREDITS INSCRITS AU CHAPITRE 
CONCERNE DU BUDGET EN COURS D'EXECUTION 

FINANCEMENT POSSIBLE PAR VIREMENT ENTRE CHAPITRES DU 
BUDGET EN COURS D'EXECUTION 

6.2  NECESSITE D'UN BUDGET SUPPLEMENTAIRE 

6.3  CREDITS A INSCRIRE DANS LES BUDGETS FUTURS 

OBSERVATIONS: 

OUI NON 

OUI NON 

OUI NON 

OUI NON 

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