Commission Regulation (EC) No 1051/2005 of 5 July 2005 amending Regulation (EC) No 1622/1999 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the scheme for the storage of unprocessed dried grapes and unprocessed dried figs
Date: 2005-07-05
Institutions: European Commission
Subjects: dried product, intervention agency, intervention stock

6.7.2005

EN

Official Journal of the European Union

L 173/5

COMMISSION REGULATION (EC) No 1051/2005

of 5 July 2005

amending Regulation (EC) No 1622/1999 laying down detailed rules for applying Council
Regulation (EC) No 2201/96 as regards the scheme for the storage of unprocessed dried grapes
and unprocessed dried figs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2201/96 of 28
in
October on the common organisation of
processed fruit and vegetable products (1), and in particular
Article 9(8) thereof,

the markets

Article 4 of Regulation (EC) No 1622/1999 provides for
the products held by storage agencies to be sold by
tender procedure. The intended use for unprocessed
dried figs is a specific industrial use to be specified in
the tender notice by the competent authority. In view of
the lack of economic interest engendered by that
approach no tenders were submitted so the competent
authorities should be given the opportunity to expand
the range of possible uses of the products to be sold
from storage by adding direct animal feed and use in
composting and biodegrading processes.

Whereas:

(5)

It is necessary to establish the physical and documentary
check procedures for these new uses both at the time of
entry into storage and at the time of removal.

(1)

Article 9 of Regulation (EC) No 2201/96 introduces
storage arrangements for unprocessed dried grapes and
unprocessed dried figs during the final two months of
the marketing years of those products. The arrangements
consist of a system for approving the storage agencies
and paying them storage aid and financial compensation.
Commission Regulation (EC) No 1622/1999 (2) estab-
lishes the conditions which the storage agencies must
meet in order to be approved,
in particular as regards
the steps they must take to ensure that the products are
stored properly.

(6)

Regulation (EC) No 1622/1999 should therefore be
amended accordingly.

(7)

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

(2)

The second indent of the second subparagraph of Article
2(2) of Regulation (EC) No 1622/1999 establishes transi-
tional measures for unprocessed dried figs applying until
the end of the 2003/04 marketing year.

HAS ADOPTED THIS REGULATION:

(3) Weather

conditions during part of

the 2004/05
marketing year were poor and fruit was unable to
develop satisfactorily. As a result,
some producers
their fruit at a size slightly smaller
chose to harvest
standard but meeting the other quality
than the
conditions required for human consumption.
In order
to prevent
those quantities being diverted to the
production of fig paste, which would mean a substantial
financial
it is necessary to extend the abovemen-
tioned transitional measures and provide for an addi-
tional minimum size for the 2004/05 marketing year.

loss,

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Regu-

lation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).

(2) OJ L 192, 24.7.1999, p. 33.

Article 1

Regulation (EC) No 1622/1999 is hereby amended as follows:

1. In Article 2, paragraph 2 is replaced by the following:

‘2.
The products shall be delivered to the storage agencies
in stackable plastic crates. However, on a transitional basis,
unprocessed dried grapes may be delivered in suitable
containers until the end of the 2001/02 marketing year,
and unprocessed dried figs until the end of the 2004/05
marketing year.

L 173/6

EN

Official Journal of the European Union

6.7.2005

The delivered products must:

3. Article 10 is amended as follows:

— in the case of unprocessed dried grapes, meet

the
minimum requirements laid down in the Annex to Regu-
lation (EC) No 1621/1999,

(a)

In paragraph 1, the following subparagraph is added:

— in the case of unprocessed dried figs, meet the minimum
to Commission
requirements laid down in Annex II
Regulation
a
1573/1999 (*)
minimum size of 180 fruits per kg up to the end of
the 2004/05 marketing year and 150 fruits per kg for
subsequent marketing years.

(EC) No

have

and

___________
(*) OJ L 187, 20.7.1999, p. 27.’

2. Article 4 is amended as follows:

(a)

In paragraph 1, point (a) is replaced by the following:

‘(a) unprocessed dried figs shall be sold for a specific
industrial use or a use as referred to in paragraph
invitation to
3,
tender;’

to be specified in the notice of

(b) The following paragraph 3 is added:

After notifying the Commission of

‘3.
the justified
reasons why the uses provided for in paragraph 2 were
not possible, Member States may authorise the storage
agencies to permit the following uses for unprocessed
dried figs:

‘In the event of the uses referred to in Article 4(3), the
checks provided for in points (b) and (c) of the first
subparagraph of this paragraph shall cover 100 % of
removed from storage during the
each consignment
marketing
the products
those
removed from storage shall be denatured under the
conditions laid down by the Member State and in the
presence of the competent authorities.’

year. After

checks

(b) Paragraph 2 is replaced by the following:

‘2.
The competent authority shall withdraw approval
where any of the conditions for approval are no longer
met. No storage aid or financial compensation shall be
paid in respect of the marketing year in progress and
amounts already paid shall be reimbursed, plus interest
for the time elapsing between payment and reimbur-
sement.

The rate of interest shall be that applied by the European
Central Bank to its transactions in euro, as published in
the “C” series of the Official Journal of the European Union
and in force on the date of the wrong payment, plus
three percentage points.’

(a) distribution to animals;

Article 2

(b) use

in composting and biodegrading processes
in particular water

environment,

respecting the
quality and the countryside.’

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 5 July 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission