Commission Regulation (EC) No 1663/2005 of 11 October 2005 amending Regulation (EC) No 1535/2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables

12.10.2005 EN Official Journal of the European Union L 267/22
COMMISSION REGULATION (EC) No 1663/2005
of 11 October 2005
amending Regulation (EC) No 1535/2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Article 6 thereof,
Whereas:
(1) Article 5 of Regulation (EC) No 2201/96 establishes the Community and national processing thresholds and the provisions applicable for calculating the aid amount when a threshold overrun is recorded in a Member State, provided that the Member State in question has a processing threshold for the product concerned as specified in Annex III to that Regulation.
(2) The first subparagraph of Article 23(1) of Commission Regulation (EC) No 1535/2003 (2) states that the processed raw material is to count against the processing threshold of the Member State where the producer organisation’s head office is situated.
(3) Implementation of this provision in recent marketing years has thrown up anomalies in the aid scheme’s application, notably in the case of tomatoes. Because of this provision, the production of certain producers who are members of a producer organisation which has its head office in another Member State, or the production of producer organisations belonging to an association of producer organisations which has its head office in another Member State counts against the processing threshold of the Member State in which the producer organisation or association of producer organisations has its head office. Experience indicates that this offset should be made against the threshold of the Member State where the raw material is produced.
(4) Regulation (EC) No 1535/2003 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Processed Fruit and Vegetables,