Commission Regulation (EC) No 1169/97 of 26 June 1997 laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits

• Coming into Force: 30 June 1997
• End of Effective Date: 30 September 2001,31 May 2001
• Celex Number: 31997R1169
• ELI: http://data.europa.eu/eli/reg/1997/1169/oj
• Published date: 27 June 1997
• Date: 26 June 1997
• Official Gazette Publication: Official Journal of the European Communities, L 169, 27 June 1997

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31997R1169

Commission Regulation (EC) No 1169/97 of 26 June 1997 laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits

Official Journal L 169 , 27/06/1997 P. 0015 - 0025

COMMISSION REGULATION (EC) No 1169/97 of 26 June 1997 laying down detailed rules for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain citrus fruits

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruits (1), and in particular Article 2 (2), Article 3 (4) and Articles 6 and 8 thereof,

Whereas Regulation (EC) No 2202/96 introduces an aid scheme for producer organizations which deliver for processing certain citrus fruits harvested in the Community and listed in Article 1 thereof;

Whereas the marketing years for citrus fruit should be defined with a view to ensuring that the scheme is applied uniformly;

Whereas, with a view to improving the way the scheme operates, the authorities should know of all producer organizations marketing the citrus production of their members, of members of other producer organizations and of individual producers which wish to qualify under the scheme; whereas processors who sign contracts with such producer organizations should also send the authorities the information necessary to ensure that the scheme operates properly;

Whereas the aid scheme for producers of certain citrus fruits is based on contracts between producer organizations granted recognition or preliminary recognition pursuant to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables (2) and processors; whereas producer organizations can also act as processors in certain cases; whereas the type and duration of contracts and the particulars to be included in them should be specified with a view to the application of the aid scheme;

Whereas contracts for each product listed in Article 1 of Regulation (EC) No 2202/96 must be concluded by a given date so that the producer organizations can plan and processors can be assured of regular supplies; whereas the parties to such contracts should nevertheless be authorized to change, by amendments to the contracts and subject to a ceiling, the quantities originally stipulated therein so that the scheme is as effective as possible;

Whereas there is a close link between the raw materials delivered for processing and the finished product obtained; whereas the raw materials should accordingly at least meet certain minimum requirements;

Whereas applications for aid or for advances on the aid for all products should include all the particulars needed for checking eligibility;

Whereas, with a view to ensuring that the aid scheme is properly applied, producer organizations and processors must forward the requisite information and must keep updated documentation suitable for the purposes of all inspections and controls deemed necessary;

Whereas the administration of the aid scheme makes it necessary for procedures to be laid down for physical and documentary checking of delivery and processing operations, for the checks to be required to cover a sufficiently representative number of applications for aid and advances and for certain penalties to be laid down for producer organizations and processors in the event of breaches of the regulations, in particular for false declarations and failure to process products delivered;

Whereas the measures provided for in this Regulation are to replace those laid down in Commission Regulation (EC) No 3338/93 of 3 December 1993 laying down detailed rules for the application of Council Regulations (EC) No 3119/93 and (EEC) No 1035/77 as regards measures to encourage the processing of certain citrus fruits and the marketing of products processed from lemons (3), as last amended by Regulation (EC) No 2251/96 (4); whereas that Regulation should accordingly be repealed;

Whereas exceptional transitional measures should be taken for lemons and oranges delivered to processors at the beginning of the 1997/98 marketing year to facilitate a smooth switchover from the former system to the new scheme;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

CHAPTER I

Definitions and marketing years

Article 1

For the purposes of this Regulation:

(a) individual producers means producers of citrus fruit intended for processing within the meaning of Article 4 (1) of Regulation (EC) No 2202/96;

(b) producer organizations means producer organizations within the meaning of Articles 11 and 13 of Regulation (EC) No 2200/96 and producer organizations granted preliminary recognition in accordance with Article 14 thereof;

(c) processor means any processing enterprise operating for economic purposes and under its own responsibility one or more plants with facilities for manufacturing one or more of the products listed in Article 1 of Regulation (EC) No 2202/96, and any association of processing enterprises which is legally constituted and is recognized by a Member State.

Article 2

1. The marketing years for the purpose of Regulation (EC) No 2202/96, hereinafter referred to as the 'marketing years`, shall run from:

(a) 1 October to 30 September for:

- sweet oranges,

- mandarins, clementines and satsumas,

- grapefruit and pomelos;

(b) 1 June to 31 May for lemons.

2. The aid to producer organizations delivering mandarins, clementines and satsumas shall only be granted on products delivered to the processing industry in the period 1 October to 30 June.

CHAPTER II

Contracts

Article 3

1. The contracts referred to in Article 2 (1) of Regulation (EC) No 2202/96 on which the aid scheme is based, hereinafter referred to as 'contracts`, shall be concluded in writing. Separate contracts shall be concluded for each basic product listed in Article 1 of that Regulation and shall bear an identification number. They may take one of the following forms:

(a) a contract between a producer organization and a processor;

(b) a commitment to supply the fruit where the producer organization acts as a processor.

2. Contracts must cover:

(a) the whole marketing year in question in the case of contracts covering one marketing year;

(b) at least three marketing years in the case of multiannual contracts in accordance with Article 3 (2) (a) of Regulation (EC) No 2202/96.

In the case of clementines, separate contracts must be drawn up for each potential use, that is for juice or segments.

3. Contracts shall include in particular:

(a) the name and address of the producer organization signing the contract;

(b) the name and address of the processor;

(c) the quantity of raw materials to be delivered for processing; in the case of multiannual contracts, that quantity shall be broken down by marketing year;

(d) the schedule of deliveries to processors per delivery quarter from the start of the marketing year;

(e) the obligation on processors to process the quantities delivered under the contract in question;

(f) the price to be paid to the producer organization for the raw materials, which may vary by variety and/or delivery period; this price may only be paid by bank or postal transfer;

(g) compensation payable in the event of non-performance by either party of the contractual obligations, in particular as regards the obligation to deliver and to accept of the quantities stipulated.

4. In the case of contracts covering one marketing year, the price referred to in paragraph 3 (f) may be changed by common agreement between the parties by the written amendments referred to in Article 5 (2) but only for the additional quantities stipulated by those amendments.

5. Multiannual contracts may cover both the production of the members of the producer organization signing the contract and the production of members of other producer organizations where the second and third indents of Article 11 (1) (c) (3) of Regulation (EC) No 2200/96 are applied.

6. To qualify for the aid laid down in Table 2 of the Annex to Regulation (EC) No 2202/96, quantities delivered under multiannual contracts must be at least equal to the following per contract, product and marketing year:

- 300 tonnes for the 1997/98 marketing year,

- 500 tonnes for the 1998/99 marketing year,

- 750 tonnes for the 1999/2000 marketing year,

- 1 000 tonnes as from the 2000/01 marketing year.

7. In the case of multiannual contracts, the price referred to in paragraph 3 (f) per marketing year shall be established at the time the contract is signed. However, the price applicable to a given marketing year may be revised by common agreement between the parties by written amendment to the contract before 1 June of the marketing year in question in the case of lemons and before 1 November of the marketing year in question in the case of other products.

8. Member States may adopt additional provisions covering contracts, in particular as regards compensation payable by the processor or the producer organization in the event of non-performance of contractual obligations.

Article 4

Where producer organizations also act as processors, the contracts covering the production of their members shall be deemed to have been concluded only if and when the following particulars have been forwarded to the competent authority within the time limit laid down in Article 6:

(a) the total area on which the raw materials are grown;

(b) the estimated total harvest;

(c) the quantity intended for processing, broken down by type of contract;

(d) the schedule of deliveries referred...