Commission Regulation (EC) No 2182/2005 of  22 December 2005  amending Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials
Date: 2005-12-22
Institutions: European Commission
Subjects: EU financing arrangements, aid per hectare, aid to agriculture, common agricultural policy, cotton, olive, tobacco

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COMMISSION REGULATION (EC) No 2182/2005

of 22 December 2005

amending Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council
Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of
that Regulation and the use of land set aside for the production of raw materials

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1782/2003 of 29
September 2003 establishing common rules for direct support
schemes under the common agricultural policy and establishing
certain support schemes for farmers and amending Regulations
(EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001,
(EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999,
(EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71
and (EC) No 2529/2001 (1), and in particular Articles 145 and
155 thereof,

Whereas:

(1)

(2)

(3)

Article 99(3) of Regulation (EC) No 1782/2003 provides
that the amount of seed aid claimed shall not exceed a
ceiling fixed by the Commission. When the total amount
of aid claimed exceeds the fixed ceiling,
the aid per
farmer should be reduced proportionally.

Chapter 10 of Commission Regulation (EC) No
1973/2004 (2) provides for the conditions for receiving
seed aid. Article 49 of that Regulation provides that seed
aid is to be granted only on the condition that the seed
has been marketed for sowing by the recipient by
15 June of the year following the harvest of the latest.

The need of applying an eventual reduction coefficient in
the same year implies a serious difficulty for the imple-
mentation of the new scheme In order to avoid the
application of such reduction coefficient the only alter-
native would be to grant all the payments principally
when all
i.e. when the total
quantity of seed is known. However, this would signifi-
cantly delay the date of payment to the farmers and
eventually cause financial problems for them. In order
to avoid this situation a system of advances for seed
aid should be introduced.

the seed is marketed,

(1) 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).

(2) OJ L 345, 20.11.2004, p. 1. Regulation as last amended by Regu-

lation (EC) No 1044/2005 (OJ L 172, 5.7.2005, p. 76).

(4)

(5)

(6)

(7)

(8)

(9)

Regulation (EC) No 1782/2003 as amended by Council
Regulation (EC) No 864/2004 (3) defines the rules for the
coupled support for cotton, olive oil and raw tobacco.

In particular, Chapter 10a of Title IV of Regulation (EC)
No 1782/2003 provides for the possibility of direct aid
being granted for the production of cotton. It is therefore
necessary to lay down detailed rules with regard to the
granting of that aid.

Article10b(1) of Regulation (EC) No 1782/2003 states
that, in order to be eligible for the aid per hectare, the
farmer must sow the area under cotton with authorised
varieties and grow the cotton on land authorised by the
Member States. The authorisation criteria must therefore
be specified for both the varieties and lands suitable for
cotton production.

In order to receive the aid per hectare for cotton, farmers
must sow authorised lands. A criterion defining ‘sowing’
must be established. The Member States’ fixing of the
minimum planting density on these lands based on soil
and climate conditions and specific regional
features
must be an objective criterion for establishing whether
sowing has been conducted properly or not.

Exceeding the national base areas laid down for cotton in
Article 110c(1) of Regulation (EC) No 1782/2003 shall
result in a reduction of the amount of aid to be paid for
each eligible hectare. In the case of Greece, however, the
subdivision of the national area into sub-areas to which
different aid rates apply means that the method for calcu-
lating the reduced amount should be specified.

The Member States must authorise inter-branch cotton-
producing organisations on the basis of objective criteria
relating to their scale, duties and internal organisation.
The scale of an inter-branch organisation must be fixed,
the requirement on the member
taking into account
ginning undertaking to be able to take delivery of
sufficient quantities of unginned cotton. As the main
purpose of the inter-branch organisation is to improve
it must take
the quality of the cotton to be delivered,
appropriate measures along these lines for the benefit of
its members.

(3) OJ L 161, 30.4.2004, p. 48, as corrected by OJ L 206, 9.6.2004,

p. 20.

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(10)

(11)

(12)

In order to avoid complications in managing the aid
scheme, a producer may not be a member of more
than one
same
inter-branch organisation. For
reason, where a producer belonging to an inter-branch
organisation undertakes to supply the cotton he has
produced, he can supply it only to the ginning under-
taking belonging to that same organisation.

that

In accordance with Article 110e of Regulation (EC) No
1782/2003, the inter-branch organisations may decide to
differentiate the aid to which their members are entitled.
The differentiation scale must comply with criteria
relating in particular to the quality of the cotton to be
delivered, but
excluding criteria involving increased
production. To this end, the inter-branch organisations
must establish parcel categories based in particular on
criteria relating to the quality of the cotton produced
thereon.

In order to establish the amount of aid to be paid to
producers belonging to inter-branch cotton producing
organisations, the scale must provide for a method of
distributing the overall amount of differentiated aid
among the various parcel categories, the procedures for
evaluating and classifying each parcel into one of those
categories, calculation of the amount of aid per eligible
hectare based on the available budget for each category
and the total number of hectares within each category.

(13)

In order to classify the parcels in one of the categories
established by the scale the cotton delivered may be
analysed in the presence of all the parties concerned.

(14) As the member-producer is not obliged to deliver his
cotton, he must be entitled at least to the non-differen-
tiated part of the aid where the cotton is not delivered.
The differential scale must make provision for this by
fixing the minimum amount of aid per eligible hectare
where delivery does not take place.

(15)

In order to apply the scale, and with a view to simplifi-
cation, all the parcels belonging to a single producer may
be considered as being of
the same parcel category
producing the same quality cotton.

(16) Once it has received the inter-branch organisation’s noti-
fication of the aid amounts payable to its producers, the
paying agency must undertake the necessary checks and
pay out the aid.

(17)

The scale must be approved by the Member State. In
order to inform the member producers in good time, a
deadline should be introduced by which the Member
State must decide whether or not to approve the inter-
branch organisation’s scale, as well as any amendments
subsequently made to it. As the inter-branch organisation

it can
is not required to adopt a differentiation scale,
decide to suspend application of the scale and inform
the Member State thereof.

(18)

The cotton aid scheme requires Member States to send
their producers certain information on cotton growing,
the objective criteria for
such as authorised varieties,
authorising land and the minimum plant density.
In
order to inform the farmers in good time, the Member
State must send them this information by a specific date.

(19) As the Commission is responsible for monitoring the
the provisions on applying for
proper application of
should
the specific cotton aid,
provide it
in good time with that same information
and with information on the inter-branch organisations.

the Member States

(20)

(21)

The introduction of the cotton aid scheme provided for
in Regulation (EC) No 1782/2003 makes Commission
Regulation (EC) No 1591/2001 of 2 August 2001
laying down detailed rules for applying the cotton aid
scheme (1) superfluous. That Regulation should therefore
be repealed.

Chapter 10b of Title
IV of Regulation (EC) No
1782/2003 provides for the possibility of direct aid
being granted for olive groves. It is therefore necessary
to lay down detailed rules with regard to the granting of
the aid.

(22) Article 110i of Regulation (EC) No 1782/2003 requires
the Member States to identify up to five categories of
olive grove and fixes an aid per olive GIS-hectare for
each of those categories. To this end, the Commission
must establish a common framework of social and envir-
onmental criteria, linked to the features of olive-growing
landscapes and social traditions.

(23)

(24)

In order to improve the controls, the information on the
categories of olive grove each farmer cultivates should be
recorded in the geographical information system for olive
cultivation. Provision should also be made to adjust the
categories once a year, to take account of any changes in
environmental or social conditions.

The aid for olive groves is granted per olive GIS-hectare.
As a result, the area eligible for aid must be calculated for
each farmer using a common method where the unit of
area is expressed as olive GIS-ha. In order to facilitate
administrative procedures, provision should be made for
derogating measures both as regards the parcels with a
minimum size to be determined by the Member States
and the olive-growing parcels located within an admin-
istrative unit where the Member State has established an
alternative system to the olive GIS.

(1) OJ L 210, 3.8.2001, p. 10. Regulation as amended by Regulation

(EC) No 1486/2002 (OJ L 223, 20.8.2002, p. 3).

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(25)

For the purpose of paying the olive GIS-ha and in order
to inform the farmers in good time, the Member States
must first establish at the start of each year an indicative
amount of aid per olive GIS-ha for each olive grove
category. This indicative amount must be calculated on
the basis of the data available on the number of farmers
and areas qualifying for the aid for olive groves; the
Member State will then fix the final aid amount using
more accurate data.

establish beforehand

(26) One of the eligibility criteria established for the olive
grove aid states that the number of olive trees in the
grove must not differ by more than 10 % from the
In order
number
to
recorded on 1 January 2005.
the Member
check compliance with this provision,
States must
information
the
needed to identify the parcel concerned. In the case of
France and Portugal, establishing the information on the
parcels concerned must be postponed to a later date in
order to take account of the areas planted with olive
trees under the programmes approved under Article 4
of Council Regulation (EC) No 1638/98 of 20 July
1998 amending Regulation No 136/66/EEC on the
establishment of a common organisation of the market
in oils and fats (1).

(27)

(28)

In order to allow the Commission to check the correct
application of the finalised provisions for paying olive
grove aid, the Member States should regularly transmit
information on the areas under olive trees qualifying for
the aid and on the level of aid to be granted for each
olive grove category.

Chapter 10c of Title
IV of Regulation (EC) No
1782/2003 provides for the possibility of direct aid
being granted for
is
therefore necessary to lay down detailed rules with
regard to the granting of the aid.

the production of

tobacco.

It

(32)

(33)

In accordance with Article 110k of Regulation (EC) No
1782/2003 the recognised production areas should be
tobacco on the
fixed for each group of varieties of
basis of
the
purposes of granting the aid. Member States should be
permitted to limit production areas
in
particular, to improve quality.

traditional production areas

in order,

the

for

contracts

the aid efficiently,

In order to make controls possible and to manage the
tobacco should be
payment of
produced
concluded
under
cultivation
first processors. The main
and
between farmers
elements which have
cultivation
in the
to figure
contract
should be specified. Final
dates for the conclusion and registration of contracts
should be fixed sufficiently early, so as to guarantee,
from the very beginning of the year of harvest, both
stable outlets to farmers for the coming harvest and
regular supplies to processors.

for each harvest

(34) When a cultivation contract is concluded with a producer
association, the essential details of each individual farmer
should be notified to permit effective controls. In order
to prevent distortion of competition and monitoring
should be debarred
difficulties, producer associations
from engaging in first processing.
In order to respect
market structures, it should be laid down that a farmer
may be a member of one producer association only.

(35)

Raw tobacco eligible for the aid should be of sound, fair
and merchantable quality and free of certain character-
istics which prevent normal marketing.

(29)

For reasons of clarity,
certain definitions.

it is appropriate to provide for

(30)

Tobacco varieties should be classified in groups according
to the curing method and production costs,
taking
account of the descriptions used in international trade.

(37)

(31) Given their role as contracting partner, approval of first
processing undertakings authorised to sign cultivation
contracts
be
Such
withdrawn where the rules are not observed and the
special conditions governing the processing of tobacco
should be laid down by the Member States.

required.

approval

should

is

(1) OJ L 210, 28.7.1998, p. 32. Regulation as last amended by Regu-
lation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97, as corrected
by OJ L 206, 9.6.2004, p. 37).

(36) Given the particularities of

should be made for any disputes
through joint committees.

the aid scheme, provision
resolved
to be

In order to be able to manage the financial envelope for
raw tobacco appropriately, the Member States should fix
an indicative aid amount by variety or variety groups
early in the harvest year and a final aid amount after
all deliveries have been made. The final aid amount
should not exceed the premium level of 2005.

(38)

To encourage improvement of the quality and value of
tobacco production, Member States should be allowed to
differentiate the aid amount fixed for each variety or
variety group in relation to the quality of the tobacco
delivered.

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(39) Aid should be paid for the quantity of

leaf

tobacco
delivered by farmers to first processors, provided that
the minimum quality requirements are fulfilled. The aid
should be adjusted where the moisture content of
from the moisture content
tobacco delivered differs
fixed for each group of varieties on the basis of
In order to simplify
reasonable quality requirements.
checks on delivery,
and frequency
together with the method for calculating the adjusted
weight for determining the moisture content should be
fixed.

sampling levels

(45)

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 (1) may be repealed,
following
threshold and the
the
premium system provided for
in Council Regulation
(EEC) No 2075/92 (2). The provisions of Commission
Regulation (EEC) No 85/93 of 19 January 1993
concerning control agencies in the tobacco sector (3)
have become obsolete and may therefore be repealed.

the guarantee

abolition of

(40)

the tobacco to processors
The period of delivery of
should be limited in order to prevent fraudulent carry-
In several Member
over from one harvest to another.
the place to which
States checks are carried out at
than that where
tobacco is delivered rather
is
to which tobacco must be
processed. The places
delivered and the checks to be carried out should be
specified; Member States should approve such purchasing
centres.

it

(46)

Regulation (EC) No 1973/2004 should therefore be
amended accordingly.

(47)

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

(41)

The conditions governing the payment of aid should be
laid down in order to prevent fraud. However, it is the
responsibility of the Member States to determine further
management and control arrangements.

(42) Aid may be paid only after a check on deliveries of all
tobacco produced in a Member State, to guarantee that
the operations concerned have actually been carried out.
However, the payment of advances to producers of 50 %
of the indicative aid amount due should be provided for
on condition that an adequate security is lodged.

(43)

For administrative reasons, aid should, in each Member
State, be granted only in respect of products produced on
the territory of that Member State. Provisions are needed
to take account of cases where tobacco is processed in
Member States other than the Member State in which it
has been produced. In such cases the quantity of raw
tobacco in question should be taken over
in the
Member State where it was produced, for the benefit of
producers in that Member State.

(44) As a result of the tobacco policy reform, the buy-back
tobacco quotas will cease to apply.
programme for
However,
those producers who participated in the
programme in 2002 and 2003 will continue to receive
payments of the buy-back price until 2007 and 2008,
respectively. At present, the buy-back price is fixed as a
percentage of the tobacco premium in a given harvest
year. The current tobacco premium system will no longer
exist as from 1 January 2006, wherefore it is necessary to
establish, as a transitional measure, a new basis for calcu-
lating the future quota buy-back price. Premium levels
for raw tobacco have not changed during the harvest
years 2002 to 2005. In the interest of continuity it is
therefore appropriate to apply the premium level of
2005 as a basis for calculating the buy-back price.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1973/2004 is amended as follows:

1. In Article 1(1), the following points are added:

‘(q) crop specific payment

for cotton provided for

in

Chapter 10a of Title IV of that Regulation;

(r)

aid for olive groves provided for in Chapter 10b of Title
IV of that Regulation;

(s)

tobacco aid provided for in Chapter 10c of Title IV of
that Regulation.’

2. In the first paragraph of Article 3, point (a) is replaced by the

following:

‘(a) by 15 September of the year concerned at the latest: the
available data on the areas, or the quantities in the case
of the dairy premium, additional payment, seeds and
tobacco, provided for in Articles 95, 96, 99 and 110k
of Regulation (EC) No 1782/2003, for which the aid has
been claimed for that calendar year, where the case may
be subdivided by sub-base area;’

(1) 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).

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

lation (EC) No 1679/2005 (OJ L 279, 15.10.2005, p. 1).

(3) OJ L 12, 20.1.1993, p. 9.

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3. In Article 21, paragraph 1 is replaced by the following:

Article 171aa

‘1. Without prejudice to Article 28 of Regulation (EC) No
1782/2003, the aid for potato starch shall be paid, by the
Member State on whose territory is situated the holding
delivering the potatoes for the manufacturing of the potato
starch, per farmer once all his quantities for the marketing
year have been delivered to the starch-producing undertaking
within four months from the date on which the proof
referred to in Article 20 of
this Regulation has been
provided and the conditions referred to in Article 19 of
this Regulation have been respected.’

4. The following Article 49a is inserted:

‘Article 49a

Advance payments

Authorisation of varieties for sowing

The Member States shall authorise the varieties registered in
the Community catalogue that are adapted to market needs.

Article 171ab

Eligibility requirements

Sowing the areas referred to in Article 110b(1) of Regulation
(EC) No 1782/2003 shall be done by achieving a minimum
plant density, to be fixed by the Member State on the basis
of
the soil and weather conditions and specific regional
characteristics, where appropriate.

Article 171ac

Agronomic practices

Member Sates may grant advance payments to seed growers
as from 1 December of the marketing year. Such payment
shall be proportional
seeds already
marketed for sowing within the meaning of Article 49
provided that
conditions of Chapter 10 are
complied with.’

to the quantity of

the

all

The Member States shall be authorised to establish specific
rules on the agronomic practices needed to maintain the
crops
the
growing
exception of harvesting operations.

conditions, with

normal

under

5. The following Chapter 17a is inserted:

‘CHAPITRE 17a

CROP-SPECIFIC PAYMENTS FOR COTTON

Article 171a

Authorisation of agricultural land for cotton production

The Member States shall establish objective criteria on the
basis of which land is authorised for
the crop-specific
payment for cotton provided for in Article 110a of Regu-
lation (EC) No 1782/2003.

These criteria shall be based on one or more of
following:

the

Article 171ad

Calculating the amount of aid per eligible hectare

Notwithstanding Article 171ag of this Regulation,

in
1.
the case of Spain and Portugal,
if the area under cotton
eligible for the aid payment exceeds the national base area
fixed in Article 110c(1) of Regulation (EC) No 1782/2003,
the amount of aid laid down in paragraph 2 of that Article
shall be multiplied by a reduction coefficient, obtained by
dividing the base area by the eligible area.

2.
in
Notwithstanding Article 171ag of this Regulation,
the case of Greece, if the area under cotton eligible for the
aid payment exceeds 300 000 hectares, the amount of aid
shall be obtained by multiplying
payable per hectare
EUR 594 by 300 000 hectares,
an additional
amount multiplied by the area exceeding 300 000 and
then dividing that sum by the total area eligible.

adding

(a)

the agricultural economy of those regions where cotton
is a major crop;

The additional amount referred to in the first paragraph shall
be:

(b) the soil and climate in the areas in question;

— EUR 342,85 if the eligible area exceeds 300 000 but is

equal to or less than 370 000 hectares,

(c)

the management of irrigation water;

(d) rotation systems and cultivation methods

likely to

respect the environment.

— EUR 342,85 multiplied by a reduction coefficient equal
to 70 000 divided by the number of eligible hectares
exceeding 300 000,
exceeds
the
370 000 hectares.

eligible

area

if

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Article 171ae

Article 171ag

Authorisation of inter-branch organisations

Aid differentiation

each year, Member States

Before 31 December
shall
authorise for the following year any inter-branch cotton-
producing organisation that applies to plant cotton and
which:

1.
By including the increase provided for
in Article
the scale
110f(2) of Regulation (EC) No 1782/2003,
referred to in Article 110e of that Regulation (hereinafter
the scale) shall establish:

(a) covers a total area of at least 10 000 ha as established by
the Member State and meeting the authorisation criteria
laid down in Article 171a, and which includes at least
one ginning undertaking;

(a)

the aid amounts per eligible hectare that a member
producer is eligible to receive based on the classification
of his parcels in the established categories referred to in
paragraph 2;

(b) conducts clearly identified measure geared in particular

towards:

(b) the method for each parcel category, in accordance with
paragraph 2, of allocating the entire sum reserved for
differentiating the aid.

— improving the commercial value of

the unginned

cotton produced,

— improving the quality of unginned cotton meeting

the ginner’s needs,

— using environmentally-sensitive production methods;

(c) has adopted internal operating rules, in particular on:

— membership conditions and fees, in accordance with
national and Community rules and regulations,

— where appropriate, a scale differentiating the aid by
parcel category, established in particular on the basis
of the quality of the unginned cotton to be supplied.

For 2006, however, Member States shall authorise the inter-
branch cotton-producing organisations by 28 February
2006.

Article 171af

The producers’ obligations

A producer shall not be a member of more than one

1.
inter-branch organisation.

2.
A producer who is a member of an inter-branch orga-
nisation shall deliver his cotton to a ginner belonging to that
same organisation.

The participation of producers in an approved inter-
result of voluntary

3.
branch organisation must be
membership.

the

For the purposes of applying point (a) the basic amount shall
be at least equal to the non-differentiated part of the eligible
aid per hectare laid down in Article 110c(2) of Regulation
(EC) No 1782/2003, adapted, if appropriate, in accordance
with paragraph 3 of that Article.

The calculation referred to in point (a) shall also apply in
cases where no cotton is delivered to the ginner. In that case
the minimum aid per eligible hectare that
the member
producer is to receive shall be at least equal to the non-
differentiated part of the aid per eligible hectare laid down
in Article 110c(2) of Regulation (EC) No 1782/2003,
adapted, if appropriate, in accordance with paragraph 3 of
that Article.

2.
The parcels shall be classified into several categories,
established by the inter-branch organisations on the basis of
at least one of the following quality criteria:

(a)

length of the cotton fibre produced;

(b) the cotton’s moisture content;

(c)

the cotton’s average impurity content.

The scale shall lay down the procedures for evaluating each
parcel against the criteria and for classifying it in one of the
established categories.

In no case shall the scale include criteria associated with an
increase in production or the cotton’s placement on the
market.

In order to apply the scale, all the parcels belonging to a
single producer may be considered as being of the same
average parcel category and producing the same quality
cotton.

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in order

If necessary,

to classify unginned cotton
3.
within the scale by parcel category, it shall be analysed on
the basis of representative samples upon its delivery to the
ginning undertaking,
the parties
concerned.

in the presence of all

4.
The inter-branch organisation shall notify the paying
agency of the amount to be paid to each of its producers,
based on the application of the scale. The paying agency
shall make payment once it has checked the conformity
and eligibility of the aid amounts in question.

Article 171ah

Approval and amendment of the scale

1.
The scale shall be notified for the first time to the
Member State in question, with a view to its approval by
28 February 2006 for the 2006 sowing season.

(d) the required agronomic practices.

the
2. Where approval
than
Member States shall
31 January for the purposes of the following year’s sowing
season.

for a variety is withdrawn,
inform the growers no later

The Member States shall send the Commission the

3.
following information:

(a) no later than 30 April of the year concerned, the names
of
the approved inter-branch organisations and their
main features as regards their land area, production
potential, number of growers, number of ginners and
ginning potential;

The Member State may decide to approve or reject the scale
within one month of its transmission.

(b) no later than 15 September of the year concerned, the
area planted to cotton for which applications for the
crop-specific cotton payment have been lodged;

2.
Before 31 January, approved inter-branch organisations
shall notify the Member State concerned of amendments
made to the scale for sowings in the current year.

The amendments made to the scale shall be deemed
the Member State receives objections
approved, unless
within one month of the date laid down the first paragraph.

Should the amendments made to the scale not be approved,
the aid payable shall be that calculated on the basis of the
scale actually approved, with no account being taken of the
unapproved amendments.

If

3.
application of the scale,
accordingly. The
following year’s sowing season.

the inter-branch organisation decides to suspend
inform the Member State
the
effect

it shall
suspension shall

take

for

Article 171ai

Communications to the producers and Commission

(c) no later than 31 July of the following year, the final data
corresponding to the areas or quantities planted for
which the specific cotton aid has actually been paid for
the year concerned, after, where applicable, the deduction
of the reductions in area provided for in Part II, Title IV,
Chapter 1 of Regulation (EC) No 796/2004.’

6. The following Chapter 17b is inserted:

‘CHAPTER 17b

AID FOR OLIVE GROVES

Article 171b

Categories of olive groves

The Member States shall

1.
identify the olive groves
eligible for the aid laid down in Article 110g of Regulation
(EC) No 1782/2003 and shall classify them in a maximum
of five categories on the basis of criteria chosen from among
the following:

Before January 31 of the year in question, Member
1.
States shall notify cotton growers and the Commission of:

(a) environmental criteria:

(a)

the approved varieties; however, varieties approved in
accordance with Article 171aa after that date must be
notified to the growers before 15 March in the same
year;

(i) difficulty of access to the parcels;

(ii) risk of physical degradation of the land;

(b) the criteria for approving land;

(c)

the minimum cotton plant density referred to in Article
171ab;

(iii) olive groves with special features: old trees, cultural
value or value for the landscape, sloping land, tradi-
tional or
rare varieties, or situated in protected
natural areas;

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(b) social criteria:

(i) areas with a heavy economic dependence on olive-

growing;

(ii) areas with a tradition of olive cultivation;

(iii) areas with negative economic indicators;

(iv) holdings at risk of abandoning olive groves;

(v) the size of olive groves on a holding;

(vi) areas with special

features such a PDO or PGI

production, organic or integrated farming.

shall determine,

2. Member States
each farmer
concerned, which of the categories listed in paragraph 1
each olive-growing parcel eligible for aid belongs to. This
information shall be recorded in the olive GIS.

for

3. Member States may adjust
groves identified under paragraph 1 once a year.

the categories of olive

Where the adjustment of categories results in a reclassifi-
cation of
the new classification shall
apply from the year following that in which the adjustment
takes place.

the olive groves,

Article 171ba

Calculation of areas

1.
The Member States shall calculate for each producer
the area eligible for the aid using the common methodology
set out in Annex XXIV.

The areas shall be declared in olive GIS-ha to two decimal
places.

Notwithstanding paragraph 1,

2.
dology set out in Annex XXIV shall not apply when:

the common metho-

(a)

the olive-growing parcel
is of a minimum size, to be
determined by the Member State but not exceeding 0,1
hectare;

(b) the olive-growing parcel is located in an administrative
unit that does not appear in the olive-GIS’s graphical
reference database.

In this case, the Member State shall determine the olive-
growing area on the basis of objective criteria and in a
manner ensuring equal treatment of farmers.

Article 171bb

Amount of aid

1.
The Member States shall establish before 31 January
each year the indicative amount of aid per olive GIS-ha for
each category of olive grove.

2.
The Member States shall fix, before 31 October of the
year in question, the amount of aid per olive GIS-ha for each
category of olive grove.

This amount shall be calculated by multiplying the indicative
amount referred to in paragraph 1 by a coefficient which
corresponds to the maximum amount of aid laid down in
Article 110i(3) of Regulation (EC) No 1782/2003, taking
into account, where applicable, the reduction provided for
in paragraph 4 of that Article, divided by the sum of the
amounts produced by multiplying the indicative aid amount
referred to in paragraph 1 of this Article, laid down for each
category, by the corresponding area.

3. Member States may apply paragraphs 1 and 2 on a
regional basis.

Article 171bc

Establishing the basic data

For the purpose of applying Article 110h(c) of Regu-
1.
lation (EC) No 1782/2003, the Member States shall use data
from the olive GIS and of farmers’ declarations to establish
on 1 January 2005 the following information for each olive-
growing parcel: number and location of eligible olive trees,
the olive-
number and location of
growing area and eligible area of the olive-growing parcel
as well as the relevant category referred to in Article 171b.

ineligible olive trees,

2.
In the case of areas planted with olive trees under new
plantation programmes in France and Portugal, approved by
the Commission under Article 4 of Council Regulation (EC)
No 1638/98 (*), and recorded in the olive GIS before 1
January 2007, the Member States shall establish the infor-
mation referred to in paragraph 1, as at 1 January 2006 for
parcels planted in 2005 and as at 1 January 2007 for parcels
planted in 2006. This information shall be notified to
farmers in the 2007 single application at the latest.

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Article 171bd

Communications

Member States shall communicate to the Commission each
year:

(a) not later than 15 September: information on the olive-
growing areas for which aid has been applied for in the
current year, by category;

(b) not later than 31 October:

(i) information on the areas referred to in point

(a)
considered eligible for aid, taking into account the
reductions or corrections provided for in Article 51
of Regulation (EC) No 796/2004;

(ii) the amount of aid to be granted for each category of

olive groves;

(c) not

later than 31 July:

the final data on the olive-
growing areas for which aid was actually paid in the
previous year, by category.

___________
(*) OJ L 210, 28.7.1998, p. 32. Regulation repealed by
Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004,
p. 97, as corrected by OJ L 206, 9.6.2004, p. 37).’

7. The following Chapter 17c is inserted:

‘CHAPTER 17c

TOBACCO AID

Article 171c

Definitions

by operation, in his own name and on his own account,
of one or more first tobacco processing establishments
suitably equipped for that purpose;

(d) “first processing” means the processing of raw tobacco
delivered by a farmer into a stable, storable product put
up in uniform bales or packages of a quality meeting
final user (manufacturer) requirements;

(e) “producer association” means an association representing

farmers producing tobacco.

Article 171ca

Raw tobacco variety groups

Raw tobacco varieties shall be classified in the following
groups:

(a)

flue-cured: tobacco dried in ovens with controlled air
circulation, temperature and humidity;

(b) light air-cured: tobacco dried in the air under cover;

(c) dark air-cured:

tobacco dried in the air under cover,

fermented before being marketed;

(d) fire-cured: tobacco dried by fire;

(e) sun-cured: tobacco dried in the sun;

(f) Basmas (sun-cured);

(g) Katerini (sun-cured);

For the purposes of this Chapter:

(h) Kaba-Koulak (classic) and similar (sun-cured).

(a) “delivery” means any operation taking place on a given
day which involves a farmer or a producer association
handing over raw tobacco to a processing undertaking
under a cultivation contract;

(b) “control certificate” means the document issued by the
competent control body certifying that the quantity of
tobacco concerned has been taken over by the first
processor, that this quantity has been delivered under a
registered contract and that the operations have been
in accordance with Articles 171cj and
carried out
171ck of this Regulation;

(c) “first processor” means any approved natural or legal
person who carries out first processing of raw tobacco

The varieties in each group are listed in Annex XXV.

Article 171cb

First processors

1. Member States shall approve first processors estab-
lished on their territory and shall establish the appropriate
conditions for such approval.

An approved first processor is authorised to sign cultivation
contracts, provided it sells at least 60 % of
its marketed
tobacco of Community origin to tobacco manufacturing
undertakings either directly, or indirectly without
further
processing.

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Approval shall be withdrawn by the Member State if
2.
the processor, deliberately or through serious negligence,
fails
concerning raw
tobacco at Community or at national level.

to comply with the provisions

municipality, identification of the parcel under the inte-
grated control system;

Article 171cc

Production areas

For each group of varieties, the production areas referred to
in Article 110k(a) of Regulation (EC) No 1782/2003 shall be
those laid down in Annex XXVI to this Regulation.

Member States may specify more restricted production areas,
especially in the interests of quality. Restricted production
areas may not exceed the area of the administrative unit
or, in France, the canton.

Article 171cd

Cultivation contracts

1.
Cultivation contracts referred to in Article 110k(c) of
Regulation (EC) No 1782/2003 shall be concluded between
a first processor, on the one hand, and a farmer or a
producer association representing him on the other hand,
provided that the producer association is recognised by the
Member State concerned.

2.
Cultivation contracts shall be concluded by variety or
group of varieties. They shall commit the first processor to
taking delivery of the quantity of leaf tobacco provided for
in the contract and the farmer or the producer association
that quantity to the first
representing him to deliver
processor,
their actual production so
that
allows.

to the extent

For each harvest, cultivation contracts shall include at

3.
least the following details:

(a)

the names and addresses of the parties to the contract;

(b) the variety and group of varieties of tobacco covered by

the contract;

(c)

the maximum quantity to be delivered;

(e)

the area of the parcel concerned, excluding service roads
and enclosures;

(f)

the purchase price according to quality grade, excluding
the aid, any service charges and taxes;

(g) the minimum quality requirements agreed per quality
grade, with a minimum of three grades per position
on the stalk, and an undertaking by the farmer to
deliver to the processor raw tobacco by quality grade
meeting at least those quality requirements;

(h) a commitment by the first processor to pay the farmer

the purchase price according to quality grade;

(i)

the time-limit for payment of the purchase price, which
may not exceed 30 days from the date of delivery;

(j) an undertaking by the farmer to replant the tobacco on
the parcel concerned by 20 June of the harvest year.

shall

4.
If replanting is delayed beyond the date of 20 June, the
inform the processor and the competent
farmer
authority of the Member State thereof by registered letter
before that date, giving the reason for the delay and giving
details of any change of parcel.

The parties to a cultivation contract may, by means of
5.
initially
a written amendment,
shall be
specified in the
submitted for registration to the competent authority not
later than the 40th day following the deadline for concluding
cultivation contracts referred to in Article 171ce(1).

the quantities
amendment

increase
contract. The

Article 171ce

Conclusion and registration of contracts

Cultivation contracts shall be concluded, except

1.
cases of
Member States may fix an earlier date.

force majeure, by 30 April of

in
the harvest year.

(d) the exact location where the tobacco is produced: the
production area as referred to in Article 171cc, province,

2.
Except in cases of force majeure, cultivation contracts
once concluded shall be submitted for registration to the
competent body no later than 15 days after the deadline
for concluding them referred to in paragraph 1.

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The competent body shall be that of the Member State in
which processing is to take place.

lay down the rules governing the membership and the
such bodies. Arbitration
decision-making procedures of
bodies must
representatives of
producers and processors, in equal numbers.

include one or more

Where processing is to take place in a Member State other
than that in which the tobacco was grown, the competent
body of the Member State in which processing is to take
place shall
the registered
contract to the competent body of the producer Member
State. If that body does not itself carry out checks on the
aid system, it shall send a copy of the registered contract to
the competent control body.

immediately send a copy of

3.
If the deadline for the conclusion of contracts referred
to in paragraph 1 or for the submission of cultivation
contracts provided for in paragraph 2 is exceeded by a
maximum of 15 days, the aid to be paid shall be reduced
by 20 %.

Article 171cf

Contracts with a producer association

1. Where a cultivation contract is concluded between a
first processor and a producer association, it shall be accom-
panied by a list containing the names of
the farmers
concerned and their respective maximum quantity to be
delivered, exact parcel location and the area of the parcels
concerned, as referred to Article 171cd(3)(c), (d) and (e).

Article 171ci

Aid level

shall

In application of Article 110k(d) of Regulation (EC) No
1782/2003, Member States
fix the indicative aid
amount per kg by tobacco variety or group of varieties
before 15 March of the harvest year. Member States may
differentiate the aid level depending on the quality of the
tobacco delivered. For each variety or group of varieties, the
aid level shall not exceed the premium amount by group of
varieties fixed for the 2005 harvest by Council Regulation
(EC) No 546/2002 (*).

The Member States shall fix the final aid amount per kg by
tobacco variety or group of varieties within 15 working days
following the day on which all
tobacco for the harvest
concerned has been delivered.
If the total amount of aid
applied for in a Member State exceeds the national ceiling
in Article 110l of Regulation (EC) No
established
1782/2003, as adjusted in accordance with Article 110m
of that Regulation, the Member State shall proceed to a
linear reduction of the amounts paid to each farmer.

That list shall be submitted for registration to the competent
body no later than 15 May of the harvest year.

Article 171cj

Calculation of the aid payment

Producer associations referred to in paragraph 1 may

2.
not carry out first processing of tobacco.

1.
The aid to be paid to farmers shall be calculated on the
basis of the weight of leaf tobacco of the variety or group of
varieties concerned corresponding to the minimum quality
required and taken over by the first processor.

Farmers producing tobacco may not belong to more

3.
than one producer association.

Article 171cg

Minimum quality requirements

Tobacco delivered to processors shall be of sound, fair and
merchantable quality and free from any of the characteristics
listed in Annex XXVII. Stricter quality requirements may be
established by the Member State or may be agreed on by
contracting parties.

Article 171ch

Disputes

The Member States may provide that disputes concerning the
quality of tobacco delivered to the first processor shall be
submitted to an arbitration body. The Member States shall

2. Where the moisture content differs from the level laid
down in Annex XXVIII for the variety concerned, the weight
shall be adjusted for each percentage point of difference,
within the tolerances laid down in that Annex.

The methods

3.
content,
sampling levels and frequency and the method for calcu-
lating the adjusted weight shall be as set out in Annex XXIX.

for determining moisture

Article 171ck

Delivery

1.
Except in cases of force majeure, farmers shall deliver
their entire production to the first processor by 30 April
of
failing which
they shall lose their entitlement to the aid. Member States
may fix an earlier date.

the year following the year of harvest,

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The delivery shall be made either directly to the place
2.
where the tobacco will be processed or, if the Member State
so authorises,
to an approved purchasing centre. The
competent control body shall approve such purchasing
facilities,
have
centres, which
weighing scales and premises.

appropriate

shall

the

If the unprocessed tobacco has not been delivered to
3.
the places referred to in paragraph 2, or the transporter
conveying distinct quantities of tobacco from the purchasing
centre to the processing plant does not have authorisation to
effect
the first processing undertaking which
received the tobacco concerned shall pay the Member State
a sum of money equal to the aid for the quantity of tobacco
in question. This amount shall be booked to the European
Agricultural Guidance and Guarantee Fund (EAGGF).

transport,

Article 171cl

Payment

The Member State’s competent body shall pay the aid to the
farmer on the basis of a control certificate issued by the
competent control body certifying that
the tobacco has
been delivered.

Article 171cm

Advances

1.
By way of derogation from Article 10(1) of Regulation
(EC) No 796/2004, Member States may apply a system of
advances on tobacco aid for farmers.

Farmers’ applications for an advance may be submitted
2.
after 16 September of the year of the harvest. They shall be
accompanied by the following documents, save where a
Member State provides otherwise on the grounds that they
are already in its possession:

(a) a copy of
number;

the cultivation contract or its registration

(b) a written declaration from the

concerned
specifying the quantities of tobacco he is in a position
to deliver during the current harvest.

farmer

Payment of

the advance,

the maximum amount of
3.
which shall be equal to 50 % of the aid amount payable,
based on the indicative aid level fixed in accordance with
Article 171ci shall be subject to the lodging of a security
equal
the
amount of the advance.

the advance plus 15 % of

to the amount of

The security shall be released when the total aid amount has
been paid in accordance with Article 19 of Regulation (EEC)
No 2220/85.

4.
The advance shall be paid from 16 October of the year
of the harvest and within 30 days of submission of the
application referred to in paragraph 2 and of proof that
the security referred to in paragraph 3 has been lodged.

The advance paid shall be deducted from the amount of the
tobacco aid payable under Article 171cl .

5. Member States shall determine any further conditions
governing the grant of advances, and in particular the final
date for lodging applications. Farmers may not lodge an
application for an advance once they have begun making
deliveries.

Article 171cn

Cross-border processing

Aid shall be paid or advanced by the Member State in

1.
which the tobacco was produced.

2. Where tobacco is processed in a Member State other
than that in which it was produced, the processing Member
State shall, after carrying out the necessary checks, provide
the producer Member State with all the information needed
to enable it to pay the aid or release the security.

Article171co

Notifications to the Commission

Each Member

1.
concerned shall notify
Commission by 31 January of each harvest year at
latest of:

State

the
the

(a)

the names and addresses of the bodies responsible for
the registration of cultivation contracts;

(b) the names and addresses of the approved first-processing

undertakings.

The Commission shall publish the list of
the bodies
responsible for the registration of cultivation contracts and
of approved first-processing undertakings in the ‘C’ series of
the Official Journal of the European Union.

2.
Each Member State concerned shall immediately notify
the Commission of the national measures taken to apply this
Chapter.

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Article 171cp

Transitional measure

Without prejudice to any future amendments, producers
tobacco production quotas were bought back
whose
during the 2002 and 2003 harvests in accordance with
Article 14 of Regulation (EEC) No 2075/92 shall be
entitled as from 1 January 2006, for the remainder of the
five harvest years following the year in which their quota is
bought back, to receive an amount equal to a percentage of
the premium granted in respect of the 2005 harvest, as
shown in the tables in Annex XXX. These amounts shall
be paid before 31 May each year.

___________
(*) OJ L 84, 28.3.2002, p. 4.’

Regulations

(EEC) No 85/93 and (EC) No
3b.
2848/98 are repealed with effect from 1 January 2006.
However they shall continue to apply in respect of the
2005 harvest.’

(b) Paragraph 4 is replaced by the following:

‘4.
References to the repealed acts shall be construed
as references to this Regulation except for Regulation
(EEC) No 85/93.’

9. The text in the Annex to this Regulation is added as Annexes

XXIV to XXX.

8. Article 172 is amended as followed:

Article 2

(a) The following paragraphs 3a and 3b are inserted:

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

‘3a.
repealed. However,
2005/06 marketing year.

Regulation (EC) No 1591/2001 is hereby
it shall continue to apply to the

It shall apply from 1 January 2006 with the exception of Article
1(4) which shall apply from 1 January 2005.

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

Done at Brussels, 22 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX

‘ANNEX XXIV

Common methodology for the calculation of the olive area in olive GIS-ha

The common methodology is based on an algorithm (1) which derives the olive area from the position of olive trees using
GIS-based automatic processing.

1. DEFINITIONS

For the purposes of this Annex:

(a) “olive-growing parcel” means a continuous tract of land covered by eligible olive trees in production each of

which is less than a specified maximum distance from another eligible olive tree;

(b) “eligible olive tree” means an olive tree planted before 1 May 1998, or 31 December 2001 in the case of Cyprus
and Malta, or a replacement olive tree or any olive tree planted under a programme approved by the Commission
under Article 4 of Regulation (EC) No 1638/98 the existence of which is recorded in the geographical information
system;

(c) “scattered eligible olive tree” means an olive tree in production which does not fulfil the conditions necessary to

constitute a group of trees on an olive-growing parcel;

(d) “eligible olive tree in production” means a living eligible olive tree of a species classed as domestic, permanently
established, irrespective of age or condition, possibly possessing several trunks separated from one another at the
base by less than two metres.

2. STAGES OF THE ALGORITHM FOR THE AID FOR OLIVE GROVES

Stage 1: Neighbourhood analysis

The neighbourhood analysis parameter (P1) defines a maximum distance of proximity between eligible olive trees,
stating whether they are scattered or belong to the same olive-growing parcel. P1 is the radius that originates from an
eligible olive tree and defines a circle in which other eligible olive trees must fall to be considered as belonging to the
same “olive-growing perimeter”.

P1 is set at 20 metres, which corresponds to an agronomic maximum value in most regions. In certain extensively
cultivated regions, to be identified by the Member States, where average planting distances are more than 20 metres,
the Member State may decide to fix P1 as twice the regional average planting distance. In this case, the Member State
must keep the documents justifying the application of this exception.

Eligible olive trees belonging to olive groves with planting distances greater than P1 are regarded as eligible scattered
olive trees.

A first pass of the P1 parameter determines the proximity of eligible olive trees. A buffer is placed around all points
(the olive tree barycentres), the polygons created as a result are merged, and a search on polygon size then determines
the scattered eligible olive trees.

Stage 2: Attribution of a standard area to the scattered eligible olive trees

After applying P1, eligible olive trees are divided into two classes:

— eligible olive trees belonging to an olive-growing perimeter,

— scattered eligible olive trees.

(1) A method called OLIAREA, developed by the Joint Research Centre of the European Commission.

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The area attributed to a scattered eligible olive tree, P2, is set at 100 m2, i.e. as a circle with radius of 5,64 m centred
on the scattered eligible olive tree.

Stage 3: Application of the internal buffer P3

An area must be attributed to the olive-growing perimeter and a polygon, the shape of which represents the olive
grove, must be determined.

First, a network of lines is created linking all the eligible olive trees in the group whose distance from one tree to
another is less than the distance P1.

Then an area defined as an “internal buffer” is superimposed on each of these lines. The internal buffer is defined as
the set of points whose distance from the network of lines is less than or equal to a value defined as the “width of
internal buffer”. In order to avoid the formation of islands which would be classified as “non-olive grove” within a
regularly planted olive grove, the width of the internal buffer must be one half the distance P1.

The combination of all internal buffers constitutes a preliminary approximation of the area to be attributed to the
group of olive trees, i.e. the area of the olive grove.

Stage 4: Application of the external buffer P4

The final area of the olive grove and the final shape of the polygon that represents that area, are attributed by using a
second buffer called the “external buffer”.

An “external buffer” is applied externally to the network of lines that link all the eligible olive trees bordering the olive
grove. The external buffer is the set of points whose distance from a bordering line of the network is less than or
equal to the value defined as the “width of external buffer”. The external buffer is applied only to the outer side of
each line bordering the network, while the internal buffer continues to be applied to the inner side.

The “external” buffer is defined as half of the mean planting distance of the olive-growing parcel (δ), with a minimum
threshold of 2,5 m.

The mean planting distance among eligible olive trees is calculated using the following formula:

Mean planting distance δ ¼

q

ﬃﬃﬃ
A
N

where A = the area of the group of olive trees and N = the number of olive trees.

The mean planting distance will be calculated by means of successive iterations:

— the first mean planting distance δ

1 will be calculated using the area (A1) obtained applying only P3 (internal

buffer),

— a new area A2 will be then calculated using as external buffer δ

2 = δ

1/2,

— An will be obtained in this way, when the difference between An-1 and An is no longer considered significant.

P4 thus becomes:

P4 = max [2,5 m; 1/2 δ

n]

where δn ¼

q

ﬃﬃﬃ
A
N

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Stage 5: Determination of the surface area

— Stage 5a: Determination of the Voronoi polygon

The external and internal buffers (P3 and P4) are combined to produce the final result. The output is a graphic
layer, from which the olive-growing perimeter and the olive-growing area must be recorded in the olive GIS
database.

Optionally,
it may be converted to Voronoi polygons which attribute an area to each eligible olive tree. A
Voronoi polygon is defined as “a polygon whose interior consists of all points in the plane which are closer to a
particular lattice point than to any other”.

— Stage 5b: Exclusion of areas falling outside the boundaries of the reference parcel

First the olive-growing perimeters must be superimposed on the reference parcel boundaries.

After that,
eliminated.

the parts of olive-growing perimeters falling outside the reference parcel boundaries must be

— Stage 5c: Incorporation of islands smaller than 100 m2

A tolerance must be applied by means of a threshold on the size of “islands” (i.e. parts of the parcel which are not
covered by eligible olive trees, once the method has been applied), in order to avoid the formation of insignificant
“islands”. All “islands” under 100 m2 may be incorporated. The “islands” to be considered are both:

— the “internal islands” (within the olive-growing perimeter generated by OLIAREA) resulting from the appli-

cation of the P1 and P3 parameters,

— the “external

islands” (inside the reference parcel but outside the olive-growing parcel) resulting from the

application of P4 and the intersection between reference parcels and the olive-growing perimeters.

Stage 6: Exclusion of ineligible olive trees

Where ineligible olive trees are also present on the olive-growing parcel, the area obtained after stage 5 must be
multiplied by the number of eligible olive trees and divided by the total number of olive trees on the olive-growing
parcel. The area calculated in this way constitutes the olive-growing area eligible for the aid for olive groves.

3. STAGES OF THE ALGORITHM FOR THE SINGLE PAYMENT SCHEME

To determine the number of hectares to be taken into account for the purposes of Article 43(1) of and Annex VII(H)
to Regulation (EC) No 1782/2003 (determination of the payment entitlements), stages 1 to 5 of the above algorithm
shall apply, and stage 6 shall not apply. The area of the scattered olive trees referred to in stage 2 may not be
considered, however.

In this case, at the end of stage 5, the Member States may decide to incorporate into the olive-growing area islands of
agricultural land greater than 100 m2 which have not produced any entitlement, during the reference period, to the
direct payments listed in Annex VI to Regulation (EC) No 1782/2003, with the exclusion of areas under permanent
crops and forests. If they decide to do this, this provision shall apply to all farmers in the Member State.

The Member States must keep a record of this derogation and of the checks carried out in the olive GIS.

The same approach shall apply when calculating the number of eligible hectares under Article 44 of Regulation (EC)
No 1782/2003 (Use of payment entitlements).

4.

IMPLEMENTATION

The Member States shall implement this algorithm as a functionality of their olive GIS, adapted to their own system
environment. The results of each stage of the algorithm must be recorded for each olive-growing parcel in the olive
GIS.

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ANNEX XXV

CLASSIFICATION OF TOBACCO VARIETIES

as referred to in Article 171ca

I.

FLUE-CURED

Virginia

Virginia D and hybrids thereof

Bright
Wiślica

Virginia SCR IUN

Wiktoria

Wiecha

Wika

Wala

II.

LIGHT AIR-CURED

Burley

Badischer Burley and hybrids thereof

Maryland

Bursan

Bachus
Bożek

Boruta

III. DARK AIR-CURED

Wisła

Wilia

Waleria

Watra

Wanda

Weneda

Wenus

DH 16

DH 17

Tennessee 90

Baca
Bocheński

Bonus

NC 3

Tennessee 86

Badischer Geudertheimer, Pereg, Korso

Goyano

Paraguay and hybrids thereof

Hybrids of Geudertheimer

Dragon Vert and hybrids thereof

Beneventano

Philippin

Brasile Selvaggio and similar varieties

Petit Grammont (Flobecq)

Fermented Burley

Havanna

Prezydent

Mieszko

Milenium

Małopolanin

Makar

Mega

Semois

Appelterre

Nijkerk

Misionero and hybrids thereof

Rio Grande and hybrids thereof

Forchheimer Havanna IIc

Nostrano del Brenta

Resistente 142

IV.

FIRE-CURED

Kentucky and hybrids

Moro di Cori

Salento

Kosmos

L 347/48

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Official Journal of the European Union

30.12.2005

V.

SUN-CURED

Xanthi-Yaka

Perustitza

Samsun

Erzegovina and similar varieties

Myrodata Smyrnis, Trapezous and Phi I

Kaba Koulak (non-classic)

Tsebelia

Mavra

VI. BASMAS

VII. KATERINI AND SIMILAR VARIETIES

VIII. KABA KOULAK (CLASSIC)

Elassona

Myrodata Agrinion

Zichnomyrodata

30.12.2005

EN

Official Journal of the European Union

L 347/49

ANNEX XXVI

RECOGNISED PRODUCTION AREAS

as referred to in Article 171cc

Group of varieties in accordance with
Annex I

Member State

Production areas

I.

Flue-cured

Germany

Lower

Schleswig-Holstein,
Saxony,
Bavaria, Rheinland-Pfalz, Baden-Würt-
Saarland,
temberg, Hessen,
Bran-
denburg,
Mecklemburg-Pomerania,
Saxony, Saxony-Anhalt, Thuringia

II.

Light air-cured

Greece

France

Italy

Spain

Portugal

Austria

Belgium

Germany

Greece

France

Italy

Spain

Portugal

Austria

Lorraine,

Aquitaine, Midi-Pyrénées, Auvergne,
Champagne-Ardenne,
Limousin,
Alsace,
Rhône-Alpes,
Provence-Alpes-Côte
Franche-Comté,
d'Azur,
Centre,
Pays-de-la-Loire,
Poitou-Charentes, Brittany, Languedoc-
Burgundy,
Roussillon,
Normandy,
Nord-pas-de-Calais,
Île-de-
France

Picardy,

Friuli, Veneto, Lombardy, Piedmont,
Tuscany, Marche, Umbria,
Lazio,
Abruzzi, Molise, Campania, Basilicata,
Calabria

Extremadura, Andalusia, Castile-Leon,
Castile-La Mancha

Beiras,
Ribatejo Oeste,
Autonomous Region of the Azores

Alentejo,

Rheinland-Pfalz,
Hessen,
denburg,
Saxony, Saxony-Anhalt, Thuringia

Baden-Württemberg,
Bavaria,
Bran-
Mecklenburg-Pomerania,

Saarland,

Aquitaine, Midi-Pyrénées, Languedoc-
Roussillon,
Limousin,
Auvergne,
Poitou-Charentes, Brittany, Pays-de-la-
Loire, Centre, Rhône-Alpes, Provence-
Franche-Comté,
Alpes-Côte
Alsace, Lorraine, Champagne-Ardenne,
Picardy, Nord-Pas-de-Calais, Upper
Normandy,
Normandy,
Lower
Burgundy, Réunion, Île-de-France

d'Azur,

Veneto, Lombardy, Piedmont, Umbria,
Abruzzi,
Emilia-Romagna,
Molise, Campania, Basilicata,
, Sicily,
Friuli, Tuscany, Marche

Lazio,

Extremadura, Andalusia, Castile-Leon,
Castile-La Mancha

Beiras, Ribatejo Oeste, Entre Douro e
Minho, Trás-os-Montes, Autonomous
Region of the Azores

L 347/50

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Official Journal of the European Union

30.12.2005

Group of varieties in accordance with
Annex I

III. Dark air-cured

IV.

Fire-cured

V.

Sun-cured

VI. Basmas

Belgium

Germany

France

Italy

Spain

Austria

Italy

Spain

Greece

Italy

Greece

VII. Katerini and similar varieties

Greece

Italy

Greece

VIII. Kaba Koulak (classic)

Elassona, Myrodata Agrinion,
Zichnomyrodata

Member State

Production areas

Rheinland-Pfalz,
Hessen,
denburg,
Saxony, Saxony-Anhalt, Thuringia

Baden-Württemberg,
Bran-
Bavaria,
Mecklenburg-Pomerania,

Saarland,

Aquitaine, Midi-Pyrénées, Languedoc-
Limousin,
Roussillon,Auvergne,
Poitou-Charentes, Brittany, Pays-de-la-
Loire, Centre, Rhône-Alpes, Provence-
Alpes-Côte
Franche-Comté,
Alsace, Lorraine, Champagne-Ardenne,
Picardy, Nord-Pas-de-Calais, Upper
Normandy,
Normandy,
Lower
Burgundy, Réunion

d'Azur,

Trentino, Veneto,

Friuli,
Lazio, Molise, Campania, Sicily

Tuscany,

Extremadura, Andalusia, Castile-Leon,
Castile-La
Valencia
Mancha,
(Autonomous Community), Navarre,
Rioja,
Catalonia, Madrid, Galicia,
Asturia, Cantabria, area of Compezo
in the Basque Country, La Palma
(Canary Islands)

Veneto,
Campania, Marche

Tuscany, Umbria,

Lazio,

Extremadura, Andalusia

Lazio, Abruzzi, Molise, Campania,
Basilicata,, Sicily

Lazio, Abruzzi, Campania, Basilicata

30.12.2005

EN

Official Journal of the European Union

L 347/51

ANNEX XXVII

MINIMUM QUALITY REQUIREMENTS

as referred to in Article 171cg

Tobacco eligible for the premium referred to in Article 171ci must be of sound and fair merchantable quality having
regard to the typical characteristics of the variety concerned and must not contain any of the following:

(a) pieces of leaf;

(b)

leaf badly worn by hail;

(c)

leaf with serious damage on more than one third of the surface;

(d)

leaf diseased or attacked by insects on more than 25 % of the surface;

(e)

leaves marked by pesticides;

(f)

leaf which is unripe or distinctly green in colour;

(g)

leaf damaged by frost;

(h)

leaf attacked by mould or rot;

(i)

leaf with uncured veins, moist or attacked by rot or with pulpy or prominent stems;

(j)

leaf from suckers or side-shoots;

(k)

leaf having an unusual odour for the variety in question;

(l)

leaf with soil still adhering;

(m) leaf with a moisture content exceeding the tolerances laid down in Annex XXVIII.

L 347/52

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Official Journal of the European Union

30.12.2005

ANNEX XXVIII

MOISTURE CONTENT

as referred to in Article 171cj

Group of varieties

Moisture content (%)

Tolerances (%)

I.

Flue-cured

II.

Light air-cured

Germany, France, Belgium,
Austria, Portugal — Autonomous
Region of the Azores

Other Member States and other
recognised production areas in
Portugal

III. Dark air-cured

Belgium, Germany, France,
Austria

Other Member States

IV.

Fire-cured

V.

Sun-cured

VI. Basmas

VII. Katerini

VIII. Kaba Koulak (classic)

Elassona, Myrodata

Agrinion, Zichnomyrodata

16

22

20

26

22

22

16

16

16

16

4

4

6

4

6

4

4

4

4

4

30.12.2005

EN

Official Journal of the European Union

L 347/53

ANNEX XXIX

COMMUNITY METHODS FOR THE DETERMINATION OF THE MOISTURE CONTENT OF RAW TOBACCO

as referred to in Article 171cj

I. METHODS TO BE USED

A. Beaudesson method

1. Apparatus

B e a u d e s s o n E M 1 0 d r y i n g o v e n

A warm air electric dryer in which the air is passed over the sample to be dried by forced convection by means
of a special ventilation fan. The moisture content is determined by weighing before and after drying, the
balance being calibrated in such a way that the reading given by the 10 g quantity used corresponds directly to
the moisture content value in %.

2. Procedure

A 10 g quantity is weighted out in a pan with a perforated base and then put into the drying column, where it
is supported by a spiral ring. The oven is turned on for five minutes, during which time the warm air causes the
sample to dry at a temperature of about 100 oC.

At the end of five minutes, an automatic timer stops the process. The temperature of the air at the end of the
drying process is recorded from a built-in thermometer. The sample is weighed and its moisture content is read
directly and corrected if necessary by the addition or subtraction of a 10th of a percentage according to the
temperature reading, using the scale provided with the apparatus.

B. Brabender method

1. Apparatus

B r a b e n d e r o v e n

An electric dryer consisting of a thermostated cylindrical chamber, ventilated by forced convection, into which
are simultaneously placed 10 metal pans, each containing 10 g of tobacco. These pans are put onto a table,
which can be rotated by means of a central handwheel into 10 different positions, allowing each of the pans,
after drying, to be placed in a position where it can be weighed within the apparatus: a system of levers allows
each of the pans in turn to be placed on the arm of a built-in balance, without having to remove the samples
from the chamber. The balance has an optical read-out scale, and gives a direct reading for the moisture
content.

A second balance is attached to the apparatus, being used only to weigh out the initial quantities.

2. Procedure

The thermostat is set at 110 oC.

The chamber is set to preheat: minimum period 15 minutes.

10 quantities of 10 g are weighed out.

The oven is filled.

The samples are dried for 50 minutes.

Weights for determination of the gross moisture content are read.

L 347/54

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Official Journal of the European Union

30.12.2005

C. Other methods

Member States may use other methods of measurement, based in particular on the determination of the electrical
resistance or dielectric properties of the batch concerned, on condition that the results are calibrated on the basis
of an examination of a representative sample using one of the methods referred to in A and B.

II. SAMPLING

The following is the procedure to be followed for the sampling of leaf tobacco for determination of its moisture
content using one of the methods referred to in I.A and B:

1. Selection of samples

Select from each bale a number of leaves proportional to its weight. The number of leaves selected should be
sufficient to be properly representative of the bale as a whole.

The sample must include equal quantities of leaf from the outside of the bale, leaf from the centre and leaf from a
position intermediate to these.

2. Homogenisation

All the leaves selected are mixed together in a plastic bag and several kilograms of them are chopped up (cutting
width 0,4 to 2 mm).

3. Sub-sampling

After chopping, mix the chopped leaves thoroughly and withdraw a representative sample.

4. Measurement

Measurement must be carried out on the whole of this reduced sample and precautions should be taken to ensure
that:

— no variations in moisture content occur (air- and water-tight bag or container),

— the homogeneity of the sample is not affected by settling of waste.

III. SAMPLING LEVELS AND FREQUENCY AND THE METHOD FOR CALCULATING THE ADJUSTED WEIGHT

the number of samples to be taken to determine the moisture content of the raw tobacco must be equal to at least
three per delivery for each group of varieties. Farmers and first processors may request on delivery for the number of
samples taken to be increased,

the weight of the tobacco delivered per group of varieties in the course of the same day is to be adjusted according to
the average moisture content measured. If the average moisture content is less than one point higher or lower than
the reference moisture content, the weight of the tobacco eligible for the premium is not to be adjusted,

the adjusted weight is: the total net weight of the tobacco delivered per group of varieties in the course of the same
day × (100 – average moisture content)/(100 – reference moisture content for the variety in question). The average
moisture content must be a whole number given by rounding down for decimals between 0,01 and 0,49 and
rounding up for decimals between 0,50 and 0,99.

30.12.2005

EN

Official Journal of the European Union

L 347/55

ANNEX XXX

QUOTA BUY-BACKS FOR THE 2002 AND 2003 HARVESTS

as referred to in Article 171cp

Producers with a production quota of less than 10 tonnes

Group of varieties

1st

25 %

25 %

40 %

75 %

25 %

2nd

25 %

25 %

40 %

75 %

25 %

100 %

100 %

25 %

25 %

25 %

25 %

25 %

25 %

Year

3rd

25 %

25 %

25 %

50 %

25 %

75 %

25 %

25 %

25 %

Producers with a production quota of 10 tonnes or more up to 40 tonnes

Group of varieties

1st

25 %

25 %

35 %

75 %

25 %

90 %

25 %

25 %

25 %

2nd

25 %

25 %

35 %

50 %

25 %

90 %

25 %

25 %

25 %

Producers with a production quota of 40 tonnes or more

Group of varieties

1st

20 %

20 %

30 %

65 %

20 %

75 %

20 %

20 %

20 %

2nd

20 %

20 %

30 %

65 %

20 %

75 %

20 %

20 %

20 %

Year

3rd

20 %

20 %

20 %

40 %

20 %

50 %

20 %

20 %

20 %

Year

3rd

20 %

20 %

20 %

20 %

20 %

40 %

20 %

20 %

20 %

Group I quotas

Group II quotas

Group III quotas
— 2002 harvest
— 2003 harvest
Group IV quotas

Group V quotas

Group VI quotas

Group VII quotas

Group VIII quotas

Group I quotas

Group II quotas

Group III quotas
— 2002 harvest
— 2003 harvest
Group IV quotas

Group V quotas

Group VI quotas

Group VII quotas

Group VIII quotas

Group I quotas

Group II quotas

Group III quotas
— 2002 harvest
— 2003 harvest
Group IV quotas

Group V quotas

Group VI quotas

Group VII quotas

Group VIII quotas

4th

15 %

15 %

25 %

25 %

15 %

50 %

15 %

15 %

15 %

4th

10 %

10 %

20 %

20 %

10 %

50 %

10 %

10 %

10 %

4th

10 %

10 %

15 %

20 %

10 %

40 %

10 %

10 %

10 %

5th

10 %

10 %

20 %

25 %

10 %

50 %

10 %

10 %

10 %

5th

10 %

10 %

20 %

20 %

10 %

50 %

10 %

10 %

10 %

5th

10 %

10 %

15 %

20 %

10 %

40 %

10 %

10 %
10 %’