Commission Regulation (EC) No 1881/2005 of 17 November 2005 amending Regulation (EC) No 2182/2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund
Date: 2005-11-17
Institutions: European Commission
Subjects: EU financing arrangements, aid to agriculture, fund (EU), redirection of production, tobacco

18.11.2005

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Official Journal of the European Union

L 301/3

COMMISSION REGULATION (EC) No 1881/2005

of 17 November 2005

amending Regulation (EC) No 2182/2002 laying down detailed rules for the application of Council
Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2075/92 of 30
June 1992 on the common organisation of the market in raw
tobacco (1), and in particular Article 14a thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Specific measures to help tobacco growers to switch to
other crops or other economic activities are financed by
the Community Tobacco Fund, provided for by Article
13 of Regulation (EEC) No 2075/92.

Community Tobacco Fund appropriations deriving from
the deduction applied to the premium for raw tobacco
for the 2005 harvest are available to finance conversion
measures in 2006.

the beneficiaries of

Article 15(1) of Commission Regulation (EC) No
2182/2002 (2) defines
individual
measures
switch of production as
to promote
tobacco producers whose quota has been irrevocably
bought back under the buy-back programme provided
for in Article 14(1) of Regulation (EEC) No 2075/92.

a

The quota buy-back programme was abolished by
Council Regulation (EC) No 1679/2005 of 6 October
2005 amending Regulation (EEC) No 2075/92 on the
common organisation of
in raw tobacco
from 22 October 2005. Consequently, participation in
the buy-back programme can no longer be a criterion
for eligibility for measures financed from the Community
Tobacco Fund.

the market

Producers eligible for the production aid for tobacco
provided for in Chapter 10c of Title IV of Council Regu-
lation (EC) No 1782/2003 of 29 September 2003 estab-
lishing common rules for direct support schemes under
the common agricultural policy and establishing certain

support schemes for farmers (3),
located in a region in
which that Chapter is applied and who leave the sector
and renounce their right to the aid, should be offered the
possibility of benefiting from conversion measures.

The provisions on calculating the total Community aid
for
a
conversion measures per producer holding
production quota for the 2005 harvest in accordance
with Commission Regulation (EC) No 2848/98 of 22
December 1998 laying down detailed rules for the appli-
cation of Council Regulation (EEC) No 2075/92 as
regards the premium scheme, production quotas and
the specific aid to be granted to producer groups in
the raw tobacco sector (4) should also be amended.

To allow Member States sufficient time to draw up their
projected financing plans
for 2006 for conversion
measures, the deadlines for notification of the plans to
the Commission and, consequently,
for the definitive
allocation of resources among Member States should be
extended.

The provisions laying down the criteria on the basis of
which the Commission fixes the indicative allocation
the
between the Member States of
Community Tobacco Fund and the provisions on
penalties in the event of
irregularities should also be
amended.

financing under

To give the Member States sufficient time to implement
the projects, in particular general interest measures and
studies provided for in Article 14 of Regulation (EC) No
2182/2002 relating to crop trials lasting two years, they
should be allowed the possibility of extending the two-
year period initially specified by six months.

(6)

(7)

(8)

(9)

(10)

Regulation (EC) No 2182/2002 should be amended
accordingly.

(11)

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

(1) OJ L 215, 30.7.1992, p. 70. Regulation as last amended by Regu-

lation (EC) No 1679/2005 (OJ L 271, 15.10.2005, p. 1).

(2) OJ L 331, 7.12.2002, p. 16. Regulation as amended by Regulation

(EC) No 480/2004 (OJ L 78, 16.3.2004, p. 8).

(3) 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).

(4) OJ L 358, 31.12.1998, p. 17. Regulation as last amended by Regu-

lation (EC) No 1809/2004 (OJ L 318, 19.10.2004, p. 18).

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Official Journal of the European Union

18.11.2005

HAS ADOPTED THIS REGULATION:

3. Article 17(2), (3) and (4) is replaced by the following:

Article 1

Regulation (EC) No 2182/2002 is hereby amended as follows:

1. Article 15(1) is replaced by the following:

‘1.
The beneficiaries of the measures referred to in Article
13 shall be producers of raw tobacco holding a tobacco
production quota for the 2005 harvest in accordance with
Article 24 of Regulation (EC) No 2848/98,
located in a
region to which Chapter 10c of Title IV of Council Regu-
lation (EC) No 1782/2003 (*) applies and who undertake by
15 February 2006 at the latest to renounce their right to
production aid for raw tobacco as provided for in that
Chapter from the 2006 harvest.

Member States shall inform the Commission of the number
of producers making such an undertaking and of the total
quota volume concerned, broken down by group of varieties.

Beneficiaries may apply for assistance from the Fund for
2006 only.

Before 15 February 2006,

‘2.
in accordance with the
procedure laid down in Article 23(2) of Regulation (EEC)
No 2075/92, an indicative allocation between the Member
States of financing under the Fund for the measures referred
to in Articles 13 and 14 of this Regulation shall be drawn
up based on the national guarantee thresholds fixed for the
2005 harvest.

Before 30 April 2006, the Member States shall draw
3.
up and notify to the Commission their projected financing
plans
for which assistance has been
for
requested.

the measures

4. Where it is established, on the basis of the information
referred to in paragraph 3, that part of the funding allocated
to one or more Member States will not be committed due to
a lack of applications for assistance, the Commission shall
draw up, before 30 June 2006, a definitive allocation of this
funding among Member States that have received appli-
cations for assistance for a total amount greater than their
budget as determined in accordance with paragraph 2. This
definitive allocation shall be in proportion to the indicative
allocation drawn up in accordance with paragraph 2.’

___________
(*) OJ L 270, 21.10.2003, p. 1.’

4. The following paragraph 3 is added to Article 19:

2. Article 16(2) is replaced by the following:

The

total

‘2.
amount of Community assistance per
producer for all of the measures referred to in Article 13
shall be as follows:

(a)

three times the amount of the 2005 premium for quan-
tities of raw tobacco up to and including 10 tonnes to
which the producer is entitled under Article 24 of Regu-
lation (EC) No 2848/98 for the 2005 harvest;

(b) twice the amount of the 2005 premium for quantities of
raw tobacco between 10 and 40 tonnes to which the
producer is entitled under Article 24 of Regulation (EC)
No 2848/98 for the 2005 harvest;

‘3. Where an irregularity, other than failure to comply
with the undertaking provided for
is
committed intentionally, the applicant for assistance under
Articles 13 and 14 shall pay a penalty equal to the assistance
applied for. That sum shall be credited to the European
Agricultural Guidance and Guarantee Fund (EAGGF).’

in paragraph 1,

5. Article 22(1) is replaced by the following:

‘1.
The projects shall be carried out within two years of
the date on which the Member State notifies the beneficiary
that the project has been approved. However, Member States
may extend the above time-limit to 30 months.’

Article 2

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

(c)

the amount of the 2005 premium for quantities of raw
tobacco above 40 tonnes to which the producer is
entitled under Article 24 of Regulation (EC) No
2848/98 for the 2005 harvest.’

It shall apply from 1 January 2006.

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

Done at Brussels, 17 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission