COMMISSION REGULATION (EC) No 464/1999 of 3 March 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid arrangements for prunes
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 market in products processed from fruit and vegetables (1), as amended by Regulation (EC) No 2199/97 (2), and in particular Articles 3(3) and 4(9) thereof,
Whereas Title I of Regulation (EC) No 2201/96 introduces a system of production aid for certain products processed from fruit and vegetables; whereas Commission Regulation (EC) No 504/97 of 19 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of production aid for products processed from fruit and vegetables (3), as last amended by Regulation (EC) No 1590/98 (4), lays down general rules applicable to that system; whereas certain detailed rules should be laid down specifically for prunes, without prejudice to the other provisions of Regulation (EC) No 504/97;
Whereas fruit can be of variable quality; whereas the minimum price and the production aid should be fixed for a specified marketing class, the amounts applicable for the other classes should be derived from that class and these classes should be defined taking into account, for the amounts so derived, the characteristics of the different classes;
Whereas the aim of the minimum quality requirements referred to in Article 4(4)(b) of Regulation (EC) No 2201/96 is to avoid the production of products for which no demand exists or products which would create distortion of the market; whereas those requirements must be based on traditional, fair manufacturing procedures; whereas, to ensure compliance with these provisions, the minimum characteristics required of dried plums purchased by processors and prunes qualifying for aid should be defined;
Whereas this Regulation incorporates the provisions specific to prunes in Article 3 of Commission Regulation (EEC) No 1709/84 of 19 June 1984 on minimum prices payable to producers and amounts of production aid for certain processed fruit and vegetables eligible for production aid (5), as last amended by Regulation (EC) No 1591/98 (6), and in Commission Regulation (EEC) No 2022/85 of 22 July 1985 on minimum quality requirements for dried plums and prunes eligible for production aid (7), updating those provisions in line with legal, technical and economic developments and experience gained; whereas, therefore, Regulation (EEC) No 2022/85 and Article 3 of and Annex IV to Regulation (EC) No 1709/84 should be repealed;
Whereas when products are grown in one Member State and processed in another the authorities of the Member State where the products have been grown should provide proof of payment of the minimum price to the Member State paying the aid;
Whereas the minimum price and the aid are fixed for dried products at a specific stage in the traditional processing process; whereas care must be taken to ensure that prunes which have received aid are actually processed into products ready to be offered for human consumption; whereas, in view of the recent development of semi-dry prunes and their considerable economic potential, those products which do not undergo such drying as part of their processing should not for that reason be denied eligibility for the aid;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
For the purposes of this Regulation:
(a) 'prunes d'Ente` means physiologically ripe fresh plums of the prunes d'Ente variety, of the species Prunus domestica L.;
(b) 'dried plums` means products obtained by dehydration of prunes d'Ente;
(c) 'dry prunes` means prunes obtained from dried plums with a maximum moisture content of 23 %;
(d) 'semi-dry prunes` means prunes obtained by dehydrating prunes d'Ente until a moisture content of 30 to 35 % is achieved, without any rehydration process;
(e) 'lot` means a number of containers presented together by a producer or recognised producer group for acceptance by a processor.
To qualify for payment of the aid referred to in Article 2 of Regulation (EC) No 2201/96, prunes must comply with the characteristics set out in Annex I(B) and have been obtained from dried plums complying with the characteristics set out in Annex I(A) for which the minimum price has been paid in full.
1. The minimum price payable to producers for dried plums and the production aid for prunes shall be fixed per 100 kilograms net for products with a maximum moisture content of 23 % in the size category corresponding to 66 fruits per 500 g.
For other size categories the minimum price and the aid shall be multiplied by one of the coefficients listed in Annex II.
2. For the purpose of applying the minimum price and production aid to semi-dry prunes, the size and weight shall be taken as the equivalent size and weight of dried plums and dry prunes, multiplying the size by 1,18461 and the weight by 0,84416.
Where processing takes place outside the Member State in which the product was grown, that Member State shall furnish proof to the Member State paying the production aid that the minimum price payable to the producer has been paid.
1. Verification of the quality requirements for dried plums shall be carried out on the basis of samples taken by the processor from a lot, before sizing and in agreement with the producer. The samples shall be examined by both the processor and the producer and the results of the verification shall be recorded.
2. For prunes during the processing period the processor shall verify by sampling of each lot that the products meet the qualifying requirements for aid. The verification results shall be recorded. The minimum net weight of each sample examined shall be 1 kg.
Member States shall take the necessary steps to satisfy themselves, in particular by checking stock records, that prunes which have received aid are subsequently processed into products as referred to in Article 1(2)(c) of Regulation (EC) No 504/97.
Article 3 of and Annex IV to Regulation (EC) No 1709/84 and Regulation (EEC) No 2022/85 are hereby repealed.
This Regulation shall apply from the 1999/2000 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.