CELEX: 31995R1066
Language: en
Date: 1995-05-12 00:00:00
Title: Commission Regulation (EC) No 1066/95 of 12 May 1995 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the raw tobacco quota system for the 1995, 1996 and 1997 harvests

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31995R1066

Commission Regulation (EC) No 1066/95 of 12 May 1995 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the raw tobacco quota system for the 1995, 1996 and 1997 harvests  

Official Journal L 108 , 13/05/1995 P. 0005 - 0010

COMMISSION REGULATION (EC) No 1066/95 of 12 May 1995  laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards  the raw tobacco quota system for the 1995, 1996 and 1997 harvestsTHE COMMISSION OF  THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization of  the market in raw tobacco  (1), as last amended by Regulation (EC) No 711/95  (2), and in  particular Articles 11, 14 and 27 thereof, Whereas Article 9 of Regulation (EEC) No 2075/92 introduces a quota system for the various groups  of tobacco varieties for the 1995, 1996 and 1997 harvests; whereas the quantities available by  group of varieties are to be distributed between the Member States by the Council in accordance  with the procedure laid down in Article 43 (2) of the Treaty; Whereas time limits should be set for the quotas to be allocated sufficiently early to enable  producers to take account of them as far as possible in tobacco production; Whereas the allocation of a certain quantity conferring entitlement to the premium for a given  harvest does not imply the acquisition of any right as regards subsequent harvests; Whereas Article 9 (3) of Regulation (EEC) No 2075/92 provides for production quotas to be allocated  to producers in proportion to the average quantities delivered for processing during the reference  period; whereas that period includes 1990 and 1991; whereas deliveries should be grouped by harvest  in order to take account in particular of overruns in the maximum guaranteed quantities fixed  pursuant to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the  market in raw tobacco  (3), as last amended by Regulation (EEC) No 860/92  (4); Whereas the method for calculating quotas for the 1990 and 1991 harvests must be adjusted so as to  bar speculative tobacco production in excess of the maximum guaranteed quantities applicable  pursuant to Regulation (EEC) No 727/70; whereas that adjustment must entail reducing the quantities  in question in proportion to the overrun; Whereas provisions should be laid down to enable account to be taken of tobacco processed in a  Member State other than that of production; whereas in that case the quantity of raw tobacco in  question should be taken over in the Member State of production for the benefit of producers in  that Member State; Whereas provision should be made for production quota certificates to be issued to producers on the  basis of their tobacco deliveries during the reference year harvests; whereas Member States must be  permitted to raise the quantities to be taken into consideration in order to take account of the  particular situation of certain producers; Whereas the threshold quantities applicable for a harvest may be greater than those fixed for the  previous harvest for certain groups of varieties, but smaller for others; whereas the additional  quantities should be allocated to those concerned in accordance with objective criteria, taking  account of certain priorities to be determined by the Member States to suit their situation; Whereas account should be taken of the conversion programme provided for in Article 14 of  Regulation (EEC) No 2075/92 and of certain producers' need to switch to producing varieties more in  line with market requirements by setting aside for them some of the quantities available; Whereas the quantities allocated to certain producers must be made available to other producers  where the persons entitled do not conclude cultivation contracts; Whereas the possibility of transferring quotas should be restricted to cases economically justified  by the transfer of ownership of the producer's holding; whereas temporary quota transfers must not  be allowed, in order to prevent the circumvention of the restrictions laid down in the quota  arrangements; Whereas account should be taken of the joint operation of a production unit by members of a family,  in particular as regards minimum quantities per production quota certificate and the prevention of  fraud; Whereas the voluntary exchange of production quotas between producers can facilitate the  rationalization of production; Whereas provision should be made for the resolution of disputes, if any, through joint committees; Whereas provision should be made to ensure that the date and documents belonging to processors and  producers are available for use when checks are being carried out; Whereas, in the interests of sound management, transparency and monitoring, the production quota  allocated to each producer must be made public; Whereas the role which could be played by the inter-branch organizations in the management of the  system of quotas should be specified; whereas temporary provisions will be needed for the period in  which the inter-branch organizations have yet to be recognized pursuant to Council Regulation (EEC)  No 2077/92  (1); Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Tobacco, HAS ADOPTED THIS REGULATION: TITLE I General provisions Article 1 This Regulation lays down detailed  rules governing the application of the quotas provided for in Article 9 of Regulation (EEC) No  2075/92. Article 2 For the purposes of this Regulation: -  'first processing` means the processing of raw tobacco supplied by a producer (grower) into a  stable, storable product, packaged in good-quality homogeneous bales or parcels which meet the  requirements of the final users (manufacturers), -  'processing undertaking` means any natural or legal person operating, in his own name and on his  own account, one or more establishments for the first processing of raw tobacco, having appropriate  plant and equipment, -  'producer` means any natural or legal person or group thereof who delivers raw tobacco produced  by himself or by the members of the group to a processing undertaking in this own name and on his  own account, under a cultivation contract concluded by him or in his name, -  'Member State of production` means the Member State in which the raw tobacco delivered to a  processing undertaking was produced, -  'Member State of processing` means the Member State in which the first processing of the tobacco  takes place. TITLE II Production quotas Article 3 Member States may either allocate the production quotas  directly among the producers, or require the producers to apply for production quotas. Member States shall issue the producers with quota certificates not later than 31 January of the  year of harvest. The production quotas shall be set for each group of varieties as defined in the Annex to  Regulation (EEC) No 2075/92. For the 1995 harvest, Member States are hereby authorized to extend the deadline referred to in the  second paragraph until 31 May. Article 4 The allocations of a production quota for a harvest shall be without prejudice to the  allocation of quotas for subsequent harvests. Article 5 1.  The quotas for each producer shall be equal to the average quantity each produces  as a percentage of the total of the average quantities calculated in accordance with Article 9 of  Regulation (EEC) No 2075/92 and Article 6 of this Regulation, such percentage being applied to the  specific guarantee threshold of the Member State for the group of varieties in question. 2.  The production quotas for producers who received a quota or a cultivation certificate for the  1993 or 1994 harvest pursuant to the third subparagraph of Article 9 (3) of Regulation (EEC) No  2075/92 in its original version or who began to grow a new group of tobacco varieties after the  1992 harvest shall be calculated as follows: -  for the first harvest following the first year of activity, the producer shall obtain a quota  porportional to his first production quota for the group of varieties in question, -  for subsequent harvests, the producer shall obtain a production quota proportional to the  average quantity supplied during the years prior to the year of the last harvest for the group for  varieties in question. 3.  Producers' percentages shall be expressed to at least four decimal places. Quotas shall be  expressed in kilograms. Article 6 1.  The average quantities delivered for processing by each producer shall be  calculated by group of varieties in accordance with paragraphs 2 and 3. 2.  For the purposes of calculating the average quantities delivered for processing, all the  tobacco from a harvest shall be deemed to be delivered during the calendar year of the harvest in  question. However, quantities delivered for processing on the basis of Article 2 (5) and (6) of  Commission Regulation (EEC) No 3478/92  (1) shall be deemed to have been delivered during the year  of the harvest in which they were entitled to the premium. Only tobacco actually delivered giving  rise to entitlement to the premium shall be taken into account. However, the quantities of tobacco delivered by producers located outside the production areas  recognized in accordance with point (a) of Article 5 of Regulation (EEC) No 2075/92 shall not be  taken into account in the calculation referred to in the first subparagraph hereof. 3.  Where the quantities of the different varieties of tobacco delivered to processing undertakings  for the 1990 or 1991 harvest exceeded the maximum guaranteed quantity fixed pursuant to Regulation  (EEC) No 727/70, such quantities shall be multiplied by a reduction coefficient. This reduction  coefficient shall be equal to the maximum guaranteed quantity in question, divided by the total  quantity of tobacco delivered. Article 7 1.  Where tobacco produced in one Member State is processed in another Member State,  the quotas shall be allocated in accordance with paragraphs 2, 3 and 4, without prejudice to other  provisions of this Title. 2.  The Member State of processing shall inform the Member State of production, for each producer  and group of varieties, of the quantities of raw tobacco from the Member State of production  delivered for processing during the reference years to be used for calculating the production  quotas in accordance with Article 9 (3) of Regulation (EEC) No 2075/92. 3.  The information shall be forwarded within 15 days following the publication of this Regulation  for the 1995 harvest and thereafter not later than 15 November of the year preceding the harvest. 4.  The Member State of production shall allocate the corresponding quantity of its specific  guarantee threshold to producers who delivered tobacco to processors located in another Member  State during the reference years referred to in paragraph 2. When the production quotas are allocated, producers who delivered tobacco to processors located in  another Member State during the reference years shall be treated in the same way as producers who  delivered their production to a processor located in their Member State. Article 8 1.  For each group of varieties, Member States shall issue production quota  certificates, within the limit of their guarantee thresholds, to producers located in a production  area recognized in accordance with point (a) of Article 5 of Regulation (EEC) No 2075/92. The production quota certificates shall indicate in particular the holder of the certificate, the  group of varieties and the quantity of tobacco for which they are valid. 2.  Member States shall determine the procedures for the issuing of the production quota  certificates, as well as the measures to be taken for the prevention of fraud, in accordance with  Article 20 (1) of Regulation (EEC) No 2075/92. 3.  Member States may lay down minimum quantities (not exceeding 500 kilograms) for the issue of  production quota certificates. 4.  Where a producer provides proof that, as a result of exceptional circumstances, his production  was abnormally low during a harvest included in his reference period, the Member State shall  calculate, at the request of the producer concerned, the quantity to be taken into consideration  for that harvest in making out his quota certificate; for the 1993 and subsequent harvests, the  quantity may not be greater than the quantities entered in the quota certificates or the  cultivation certificates allocated to the producer for the harvest in question. Member States shall  notify the Commission of any decisions they intend to take. Article 9 1.  Where the guarantee threshold fixed for a group of varieties for a particular  harvest and a particular Member State in accordance with Article 9 (2) of Regulation (EEC) No  2075/92 is higher than the guarantee threshold for the previous harvest, the quantity exceeding  that guarantee threshold shall be distributed in accordance with objective and consistent criteria  to be adopted and published by the Member State. Member States shall inform the Commission  forthwith of the measures they have adopted in this respect. Where applicable, the quantities available under the first subparagraph shall be reduced by those  set aside for the purposes of paragraph 2. Member States may, in particular, stipulate that the additional quantities are to be allocated, as  a priority, to producers: (a)  for whom the quantity covered by their quota certificate has been reduced in relation to the  previous harvest for another group of varieties; (b)  who can significantly rationalize their production of tobacco of the group of varieties in  question if they receive the additional quantity; (c)  who began to produce the group of varieties in question in 1990 or 1991. Member States which establish a national pool of production quota certificates in accordance with  Article 14 may also place the additional quantities into this pool. 2.  Italy and Greece may, for the 1995 harvest, establish a reserve of leaf tobacco belonging to  other groups of varieties, for allocation as a priority to producers undertaking conversion  programmes in accordance with Article 14 of Regulation (EEC) No 2075/92. Article 10 Each producer may deliver tobacco from a given group of varieties from the same  harvest to a single processing undertaking only. However, producer groups which are producers may deliver their production to several processing  undertakings. Article 11 1.  Production quota certificates which have not been used to conclude contracts at  the date fixed for that purpose must be returned by the producer to the authorities of the Member  State which drew them up, no later than five working days after that date. 2.  If the producer does not return the certificates referred to in paragraph 1 within the time  limit laid down, his reference quantity for the following harvest and for the same group of  varieties shall be reduced by 0,5  % per day overdue, up to a maximum of 15  %. 3.  Quantities entered in the certificates referred to in paragraph 1 and other quantities which  may be available shall be distributed by Member States fairly and on the basis of published  objective criteria before 30 April of the year of harvest. In the distribution of these quantities  priority must be given to producers who already have a quota. When adopting the criteria, the  Member State must take account of the opinion of the inter-branch organizations recognized in  accordance with Regulation (EEC) No 2077/92. For the 1995 harvest, Member States are hereby authorized to extend the deadline referred to in the  first subparagraph until 29 July. TITLE III Transfer of rights Article 12 Except in the cases provided for in this Title,  quotas may not be transferred or be the subject of transactions, whether for a consideration or  free of charge, and quantities produced by a producer may not be taken into account for the benefit  of another producer for the purposes of calculating his quota. Article 13 1.  Where a tobacco-producing holding is transferred to another party on any ground  whatever, and in particular as a result of sale or lease, or in the event of an inheritance, the  new incumbent shall be entitled to the production quota certificate for the whole reference period,  unless the contract specifies otherwise. 2.  Where part only of a tobacco-producing holding is transferred to another party, the new  incumbent shall be entitled to the production quota certificate in proportion to the agricultural  areas taken over. However, the parties concerned may agree that full entitlement shall be held by  the person formerly or newly entitled. 3.  Without prejudice to paragraph 1, reference quantities and rights acquired by a producer  leasing the areas he farms shall continue to be held by him when the lease terminates. 4.  Where several members of a family jointly farm, or have farmed, a tobacco holding, they must  request that only one production quota certificate be issued on the basis of the aggregated  quantities to which they are entitled. Article 14 1.  Subject to authorization by the Member State concerned, producers may exchange  among themselves their rights to a production quota certificate for a group of varieties against a  certificate for a different group of varieties. The Member State may provide for the establishment  of a national pool of production quota certificates which the holders may wish to exchange between  groups of varieties. 2.  Exchange of rights to a production quota certificate in accordance with paragraph 1 shall be  considered a definitive transfer between the producers concerned of the reference quantities on the  basis of which the certificate was established. TITLE IV Final and transitional provisions Article 15 Member States may provide that disputes  relating to the distribution or transfer of production quota certificates must be submitted to an  arbitration committee. Member States shall lay down the rules governing the membership and the  proceedings of such committees. Article 16 Processing undertakings and producers shall allow the competent authorities access to  the data and documents necessary for the implementation of this Regulation and their use. Article 17 For the 1995, 1996 and 1997 harvests, Member States may, for the purpose of applying  Article 11 (3), bring together on a joint basis existing recognized professional organizations  until such time as the inter-branch organizations recognized pursuant to Regulation (EEC) No  2077/92 have been set up. Article 18 1.  Member States shall establish a computerized database which shall contain, for  each processing undertaking and each producer and group of producers, information identifying their  establishments or their holdings, the quotas or the quantities appearing on production quota  certificates allocated to them and any other information which may be useful for monitoring the  quota system. 2.  Member States shall ensure that: -  data in the computerized database are preserved, -  the database is used exclusively for the application described in paragraph 1, -  measures are applied to safeguard the data, in particular against theft and interference, -  persons covered by the scheme have access to the files relevant to themselves without excessive  expense or delay, -  persons covered by the scheme are able to have information concerning them changed, where  justified, and in particular to have data which is no longer of interest periodically deleted. 3.  Processing undertakings and producers: -  must not hinder in any way the establishment of the computerized database by duly qualified  officials, -  must provide these officials with all the information required pursuant to this Regulation. 4.  Member States shall ensure that, subject to national laws on the protection of data of a  personal nature, the quota of each individual producer used for the conclusion of cultivation  contracts or, where applicable, the quota of each producer who is a member of a producer group, is  made public not later than one month after the deadline for the return of unused production quota  certificates, in such a way as to be known to all producers concerned in a restricted production  area as defined in Article 1 of Regulation (EEC) No 3478/92. Article 19 Where a production quota covers a producer group which is itself a producer, the  Member State shall ensure that the quantity in question is distributed fairly between all members  of the group. Member States must also have at their disposal exact data on the production of all  the individual producers so that the production quotas may be allocated to them if necessary. In that case, the provisions of Title II shall apply mutatis mutandis to distribution between the  members of the group; however, with the agreement of all the members, the group may undertake a  different distribution with a view to improved organization of production. Article 20 This Regulation shall enter into force on the day following its publication in the  Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 12 May 1995. For the Commission Franz FISCHLER Member of the Commission