Commission Regulation (EC) No 1663/2005 of 11 October 2005 amending Regulation (EC) No 1535/2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables
Date: 2005-10-11
Institutions: European Commission
Subjects: agro-industry, aid system, common organisation of markets, fruit product, vegetable product

L 267/22

EN

Official Journal of the European Union

12.10.2005

COMMISSION REGULATION (EC) No 1663/2005

of 11 October 2005

amending Regulation (EC) No 1535/2003 laying down detailed rules for applying Council
Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

(4)

(5)

Regulation (EC) No 1535/2003 should therefore be
amended accordingly.

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

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (1), and in particular
Article 6 thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

Regulation (EC) No 1535/2003 is hereby amended as follows:

Article 1

(1)

(2)

(3)

Article 5 of Regulation (EC) No 2201/96 establishes the
Community and national processing thresholds and the
provisions applicable for calculating the aid amount
when a threshold overrun is recorded in a Member
State, provided that the Member State in question has
a processing threshold for the product concerned as
specified in Annex III to that Regulation.

The first subparagraph of Article 23(1) of Commission
Regulation (EC) No 1535/2003 (2)
the
processed raw material is to count against the processing
threshold of
the Member State where the producer
organisation’s head office is situated.

states

that

Implementation of
this provision in recent marketing
years has thrown up anomalies in the aid scheme’s appli-
cation, notably in the case of tomatoes. Because of this
provision, the production of certain producers who are
members of a producer organisation which has its head
office in another Member State, or the production of
producer organisations belonging to an association of
producer organisations which has its head office in
the processing
another Member State counts against
threshold of the Member State in which the producer
organisation or association of producer organisations
has its head office. Experience indicates that this offset
should be made against the threshold of the Member
State where the raw material is produced.

1. the first subparagraph of Article 23(1)

is replaced by the

following:

‘In the case of tomatoes, peaches and pears, producer organ-
isations shall submit their aid applications to the competent
authorities of the Member State in which their head office is
situated, provided that that Member State has a processing
threshold for the product concerned specified in Annex III to
Regulation (EC) No 2201/96. The quantity for which aid is
sought shall count against the threshold for the Member
State in which the raw material is produced.’;

2.

in the first subparagraph of Article 24, point (b) is replaced
by the following:

‘(b)

the quantity covered by the aid application whereby that
quantity, broken down by contract and, if appropriate,
by the aid level applicable in the Member State where
the raw material
is produced, may not exceed the
quantity accepted for processing, after deduction of
any reduction rates applied;’

3. the following subparagraph is added after the first subpara-

graph of Article 27(1):

(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 218, 30.8.2003, p. 14. Regulation as last amended by Regu-

lation (EC) No 180/2005 (OJ L 30, 3.2.2005, p. 7).

‘The aid payable shall be that corresponding to the Member
State in which the raw material is produced.’

12.10.2005

EN

Official Journal of the European Union

L 267/23

Article 2

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

It shall apply from the 2006/07 marketing year.

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

Done at Brussels, 11 October 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission