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

• Published date: 04 December 1993
• Subject Matter: European Agricultural Guidance and Guarantee Fund (EAGGF),Processed fruit and vegetables,Fruit and vegetables
• Official Gazette Publication: Official Journal of the European Communities, L 299, 4 December 1993

|

31993R3338

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

Official Journal L 299 , 04/12/1993 P. 0026 - 0033
Finnish special edition: Chapter 3 Volume 53 P. 0230
Swedish special edition: Chapter 3 Volume 53 P. 0230

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3119/93 of 8 November 1993 laying down special measures to encourage the processing of certain citrus fruits (1), and in particular Article 10 thereof,

Having regard to Council Regulation (EEC) No 1035/77 of 17 May 1977 laying down special measures to encourage the marketing of products processed from lemons (2), as last amended by Regulation (EEC) No 1199/90 (3), and in particular Article 3 thereof,

Whereas the basic conditions for the application of the system of aid for producers' organizations delivering satsumas and of financial compensation for processors of various citrus fruits should be established by stages;

Whereas eligibility under the system provided for must be conditional on submission of an application together with all the particulars necessary to ensure the correct operation of the system;

Whereas the system of financial compensation or aid for citrus fruit producers' organizations is to be based on contracts between producers or producers' groups and processors; whereas the particulars to be included in the contracts should be specified;

Whereas, in order to ensure supplies to undertakings processing mandarins, clementines and satsumas, processing contracts must be concluded before a given date; whereas, taking account of the duration of the marketing year for oranges and lemons, provision should be made for two or four processing contracts respectively to be concluded before given dates; whereas, however, to ensure maximum efficiency of the system, the contracting parties should be allowed, in certain cases and subject to certain limits, to increase, by way of one or more supplementary agreements, the quantities of fruit originally contracted for;

Whereas, because the finished product depends closely on the fruit supplied to the processor, such fruit should meet certain minimum quality criteria;

Whereas applications for financial compensation or for aid must include all the particulars needed to establish that they are fully justified;

Whereas, to ensure that the financial compensation or aid system is correctly applied, processors and citrus fruit producers' organizations must keep up-to-date records; whereas, to prevent irregularities in the operation of the system, processors and citrus fruit producers' organizations must be subjected to such inspection and monitoring as is considered necessary and to financial penalties in cases of failure to comply with the rules, in particular in the case of false statements;

Whereas individual producers may obtain part of the aid for 1993/94 only; whereas provision should therefore be made for a derogation in their case for that marketing year;

Whereas, in view of the extent and significance of the amendments made to Commission Regulation (EEC) No 1562/85 (4), as last amended by Regulation (EEC) No 1203/93 (5), it should be replaced, for reasons of clarity, by this Regulation;

Whereas the marketing year for citrus begins on 1 October; whereas it is necessary, therefore, to set the same date for the application of this Regulation as for Regulation (EEC) No 3119/93;

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:

TITLE I Field of application

Article 1

This Regulation lays down detailed rules for applying the system of aid for citrus fruit producers' organizations and of financial compensation to encourage the processing of sweet oranges, mandarins, clementines, sastumas and lemons, as provided for in Regulations (EC) No 3119/93 and (EEC) No 1035/77 respectively.

Article 2

For the purposes of this Regulation:

- 'processor' means an undertaking operating commercially on its own responsibility one or more plants equipped to process oranges, mandarins, clementines or lemons into juice and/or to process satsumas into segments,

- 'producer' means any natural or legal person growing, on his own holding, fruit to be processed,

- 'citrus fruit producers' organization' means an organization recognized as a producers' organization within the meaning of Article 13a of Council Regulation (EEC) No 1035/72 (1).

TITLE II Information required of producers' organizations and processors

Article 3

1. Producers' organizations and processors wishing to qualify for the system of aid or financial compensation shall inform the competent authorities of the Member State in which processing is to take place not later than 45 days before the start of the marketing year during which they intend to apply for aid or financial compensation and shall at the same time transmit all the information required by the Member State for the proper management and monitoring of the system. Member States may stipulate that such information:

(a) need only be transmitted by producers' organizations or processors wishing to qualify for the first time, if the requisite information for the others is already available;

(b) should relate to a single marketing year, several marketing years or an unlimited period.

2. In exceptional cases for which proper justification satisfying the competent authority concerned is provided, Member States may accept information received after the time limit specified in paragraph 1 where there is no adverse impact on the system of aid or financial compensation.

Article 4

1. In respect of each marketing year, producers' organizations or processors shall notify the competent authorities of the week in which deliveries or processing is to commence. The information must reach the competent authorities not later than five working day before the start of deliveries or processing.

2. In exceptional cases for which proper justification satisfying the competent authority concerned is provided, Member States may accept information received after the time limit specified in paragraph 1; however, no aid or financial compensation...