(a) "producer organisations" means producer groups as referred to in Article 11 of Regulation (EC) No 2200/96 and producer groups granted preliminary recognition under Article 14 of that Regulation; (b) "producer" means any natural or legal person who is a member of a producer organisation delivering their produce to that organisation for the purposes of marketing it under the conditions laid down in Regulation (EC) No 2200/96; (c) "individual producer" means any natural or legal person not belonging to a producer organisation and growing raw material on their holding intended for processing; (d) "processor" means any natural or legal person operating, for commercial purposes and on their own responsibility, one or more plants with facilities for manufacturing one or more of the products listed in Article 2(1) to (15) and, where applicable, approved in accordance with Article 5; (e) "quantity" means quantity expressed in net weight unless otherwise indicated; (f) "competent authorities"means the body or bodies appointed by the Member State to implement this Regulation.
Commission Regulation (EC) No 1535/2003 of 29 August 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
Modified by
- Commission Regulation (EC) No 386/2004of 1 March 2004amending Council Regulation (EC) No 2201/96 and Regulation (EC) No 1535/2003 as regards the combined nomenclature codes for certain products processed from fruit and vegetables, 304R0386, March 2, 2004
- Commission Regulation (EC) No 444/2004of 10 March 2004amending 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, 304R0444, March 11, 2004
1. peaches in syrup and/or in natural fruit juice: whole peaches or pieces of peaches, without peel, having undergone a heat treatment, packed in hermetically sealed containers with a covering liquid of sugar syrup or natural fruit juice and falling within CN codes ex20087061 ,ex20087069 ,ex20087071 ,ex20087079 ,ex20087092 andex20087098 ;2. pears in syrup and/or in natural fruit juice: pears of the Williams or Rocha varieties, whole or in pieces, without peel, having undergone a heat treatment, packed in hermetically sealed containers with a covering liquid of sugar syrup or natural fruit juice and falling within CN codes ex20084051 ,ex20084059 ,20084071 ,ex20084079 andex20084090 ;3. mixed fruit: mixtures of fruit, whole or in pieces, without peel, having undergone a heat treatment, with a covering liquid of sugar syrup or natural fruit juice, packed in hermetically sealed containers in which the drained net weight of peaches and Williams and Rocha pears accounts for at least 60 % of the total net drained weight, falling within CN codes ex200892 andex200899 , and made directly from fresh peaches and/or Williams and Rocha pears delivered during the periods indicated in Article 3(2)(b) and (c);4. prunes: prunes obtained from dried "d'Ente" plums which have been suitably treated or processed and are packed in appropriate containers, falling within CN code ex08132000 and ready to be offered for human consumption;5. dried figs: dried figs, including fig paste, which have been suitably treated or processed and are packed in appropriate containers, falling within CN code ex08042090 and ready to be offered for human consumption;6. whole peeled quick-frozen tomatoes: peeled tomatoes of the oblong varieties, frozen, packed in appropriate containers and falling within CN code ex07108070 , where not less than 90 % of the net weight of the tomatoes consists of whole tomatoes not showing any damage which substantially alters their appearance. That percentage shall be determined after the tomatoes have been thawed;7. non-whole peeled quick-frozen tomatoes: pieces of peeled tomatoes of the oblong varieties, or round varieties which are as easy to peel as the oblong varieties, frozen, packed in appropriate containers and falling within CN code ex07108070 ;8. whole peeled preserved tomatoes: peeled tomatoes of the oblong varieties, having undergone a heat treatment, packed in hermetically sealed containers and falling within CN code ex20021010 , where not less than 65 % of the weight of the drained tomatoes consists of whole tomatoes which do not show damage which substantially alters their appearance;9. non-whole peeled preserved tomatoes: peeled tomatoes in pieces or partially crushed, of the oblong varieties, or round varieties which are as easy to peel as the oblong varieties, having undergone a heat treatment, packed in hermetically sealed containers and falling within CN code ex20021010 . Where these products are to be used to make the products indicated at point 15, they shall be packed in appropriate containers;10. tomato flakes: flakes obtained by drying tomatoes cut into slivers or small cubes, packed in appropriate containers and falling within CN code ex07129030 ;11. tomato juice: juice obtained directly from fresh tomatoes and strained free from skins, pips and other coarse parts, having a dry-matter content, where applicable after concentration, of less than 12 %, packed in hermetically sealed containers and falling within CN codes ex20029011 ,ex20029019 ,20095010 and20095090 . Juice with a dry-matter content of at least 7 % may however contain skin and pips constituting up to 4 % by weight of the product. Where these products are to be used to make the products indicated at point 15, they shall be packed in appropriate containers;12. tomato concentrate: the product obtained by concentrating tomato juice, packed in appropriate containers, having a dry-matter content of 12 % or more and falling within CN codes ex20029031 ,ex20029039 ,ex20029091 andex20029099 . Concentrate having a dry-matter content of not more than 18 % or of between 18 and 24 % may contain not more than 4 % or 7 %, respectively, skin and pips by weight of product;13. whole unpeeled preserved tomatoes: whole unpeeled tomatoes of the oblong or round varieties, having undergone a heat treatment, packed in hermetically sealed containers, lightly brined (tomatoes in brine) or in tomato purée (tomatoes in purée or in juice), where not less than 65 % of the weight of the drained tomatoes consists of whole tomatoes not showing any damage which substantially alters their appearance, and falling within CN code ex 20 02 10 90. Where these products are to be used to make the products indicated at point 15, they shall be packed in appropriate containers; 14. non-whole unpeeled preserved tomatoes: tomatoes in pieces or partially crushed, of the oblong or round varieties, having been slightly strained, whether or not slightly concentrated, packed in hermetically sealed containers, with a dry-matter content of between 4,5 % and 14 %, containing skin within the limits laid down in Commission Regulation (EC) No 1764/86 OJ L 153, 7.6.1986, p. 1 .ex20021090 . Where these products are to be used to make the products indicated at point 15, they shall be packed in appropriate containers;15. prepared sauces: tomato-based preparations obtained by mixing one of the products referred to at points 9, 11, 12, 13 or 14 above with other products of plant or animal origin except fresh tomatoes, having undergone a heat treatment, packed in hermetically sealed containers where the net weight of the products referred to at points 9, 11, 12, 13 or 14 accounts for at least 60 % of the total net weight of the prepared sauce. These products must be made during the period indicated in Article 3(2) in the same establishment as the products used referred to at points 9, 11, 12, 13 or 14; 16. sugar syrup: a liquid in which water is combined with sugars and which has a total sugar content determined after homogenisation of not less than 10° Brix when used to cover fruits in syrup; 17. natural fruit juice: a covering liquid with a minimum of 9,5° Brix, consisting solely of fermentable but unfermented juice extracted mechanically from fruit, or of juice obtained from concentrated fruit juice by the restoration of the proportion of water extracted during concentration, as defined in Council Directive 2001/112/EC OJ L 10, 12.1.2002, p. 58 .
(a) from 15 June to 14 June in the case of products processed from tomatoes and products processed from peaches; (b) from 15 July to 14 July in the case of products processed from pears; (c) from 1 August to 31 July in the case of dried figs; (d) from 15 August to 14 August in the case of prunes.
(a) tomatoes: between 15 June and 15 November; (b) peaches: between 15 June and 25 October; (c) pears: between 15 July and 15 December; (d) dried figs: between 1 August and 15 June; (e) prunes obtained from "d'Ente" plums: between 15 August and 15 January.
(a) 31 January for tomatoes; (b) 31 May for peaches; (c) 15 June for pears.
(a) a contract between a producer organisation or association of producer organisations, and a processor; (b) a commitment to supply, where the producer organisation also acts as a processor.
(a) 15 February, in the case of tomatoes; (b) 15 July, and seven working days before deliveries are to commence, in the case of peaches; (c) 31 July, and seven working days before deliveries are to commence, in the case of pears; (d) before the start of the marketing year, in the case of the other products.
(a) the name and address of the signatory producer organisation; (b) the name and address of the processor; (c) the quantities of raw materials to be delivered for processing; (d) the period covered and the provisional schedule of deliveries to processors; (e) an undertaking by the processors to process the quantities delivered under the contract in question; (f) the price to be paid to the producer organisation for the raw materials, which may vary by variety and/or quality and/or delivery period and shall be paid only by bank or post office transfer; (g) the compensation payable should either party fail to fulfil its contractual obligations, in particular as regards the payment in full of the price specified in the contract, the respect of time limits for payment, and the obligation to deliver and accept the quantities covered by the contract.
15 August for peaches, 15 September for tomatoes and pears, 15 November for prunes obtained from "d'Ente" plums and dried figs.
(a) the name and address of each producer and the reference data and areas of the parcels on which each producer cultivates the raw materials; (b) the estimated total harvest; (c) the quantity intended for processing; (d) an undertaking by the producer organisation to process the quantities delivered under the contract in question.
(a) the name and address of each producer covered by the contracts; (b) the reference data and areas of the parcels on which each producer cultivates the raw materials; (c) the estimated total harvest; (d) the quantity intended for processing; (e) in the case of tomatoes, the average yields per hectare of round and/or oblong tomatoes produced by the organisation during the previous two marketing years.
(a) the number of marketing years covered by the agreement; (b) the quantities to be delivered for processing, broken down by producer and by product; (c) the consequences of failure to comply with the agreement.
(a) be notified by new participants only, where the competent authorities already have the necessary information concerning other participants; (b) cover a single marketing year, several marketing years or an unlimited period.
(a) the quantity of raw materials processed into the finished products listed in Article 2, broken down by: (i) quantities received under contract, (ii) quantities received not covered by contracts;
(b) the quantity of finished products obtained from each of the quantities referred to in (a); (c) the quantity of finished products in stock at the end of the previous marketing year.
(a) tomato concentrate of a dry-matter content by weight of 28 % or more but less than 30 %; (b) whole peeled preserved tomatoes of the oblong varieties; (c) other processed tomato products, shown separately.
(a) the quantity of raw materials used at 1 May; (b) the quantity of finished products obtained from the raw materials referred to in (a), broken down into products on which aid is paid and products on which aid is not paid and by quality class; (c) the quantity of products as referred to in (a) and (b) above in stock at 1 May.
(a) the date and time of unloading; (b) the precise identification of the means of transport used; (c) the identification number of the contract to which the consignment relates; (d) the gross weight and net weight; (e) where applicable, the rate of reduction calculated in accordance with Article 2(3) of Regulation (EC) No 217/2002 OJ L 35, 6.2.2002, p. 11 .
(a) payments by processors to producer organisations; (b) payments by producer organisations to their members and to producers as referred to in Article 12(3); (c) where the members of a producer organisation are themselves organisations with legal personality made up of producers, payments by such legal persons to producers.
30 November for tomatoes. However, Member States may postpone the date for lodging applications to 15 December, 31 January for peaches and pears.
(a) the first for products processed up to 15 January, (b) the second for products processed from 16 January to 30 April, and (c) the third for products processed from 1 May to the end of the marketing year concerned.
(a) the first for products processed up to 30 November; (b) the second for products processed from 1 December to the end of February, and (c) the third for products processed from 1 March to the end of the marketing year concerned.
(a) the name and address of the producer organisation; (b) the quantity covered by the aid application, whereby that quantity, broken down by contract, may not exceed the quantity accepted for processing, after deduction of any reduction rates applied; (c) the average selling price for the quantity delivered under contract; (d) the quantity delivered during the same period otherwise than under contract, and the average selling price.
(a) the name and address of the processor; (b) the quantity of products covered by the aid application, broken down by the different rates of aid applicable, together with the quantity of products not covered by the aid scheme obtained during the same period; (c) the quantity of raw materials used, by contract, to obtain each category of products as referred to in (b); (d) a declaration by the processor to the effect that the finished products comply with the quality standards laid down under Article 8 of Regulation (EC) No 2201/96; (e) copies of transfer orders as referred to in Article 22(1)(a). In the case of commitments to supply, such copies may be replaced by a declaration by the producer to the effect that the processor has credited him with a price at least equal to the minimum price. Such copies or declarations shall quote the references of the relevant contracts.
(a) 60 days after the date on which the application, including all the information required under Articles 24 and 26 of this Regulation, is submitted, in the case of tomatoes, peaches, pears and dried figs; (b) 90 days after the date on which the application is submitted, in the case of prunes.
(a) ensure that this Regulation is complied with; (b) prevent and prosecute irregularities and apply the penalties provided for in this Regulation; (c) recover sums lost as a result of irregularities or negligence; (d) verify the records provided for in Articles 29 and 30, ensuring that they tally with the accounting required of producer organisations and processors under national law; (e) carry out unannounced checks as referred to in Articles 31 and 32 during the appropriate periods; (f) carry out checks on areas sown to tomatoes as referred to in Article 31(1) after sowing and before harvesting.
(a) observations made during checks conducted in earlier years; (b) developments since the year before; (c) the raw material yield per homogeneous production zone; (d) the relationship between the quantities delivered and the estimated total harvest; (e) the yield of the raw material in terms of finished product.
(a) in the case of quantities delivered under contracts: (i) the consignments delivered each day, and the identification number of the contract to which they relate; (ii) the quantity of each consignment delivered and, in the case of tomatoes, peaches and pears, the quantity accepted for processing, after deduction of any reduction, and the identification number of the relevant delivery certificate;
(b) in the case of quantities delivered otherwise than under contract: (i) the consignments delivered each day, and the identity of the processor concerned; (ii) the quantity of each consignment delivered and accepted for processing.
(c) the quantities sold on the fresh market, those withdrawn from the market and stocks of the products concerned.
(a) in the case of quantities purchased under contract: (i) the consignments purchased and accepted into the undertaking for processing each day, and the identification number of the contract to which they relate; (ii) the quantity of each consignment accepted for processing and, in the case of tomatoes, peaches and pears, the identification number of the relevant delivery certificate;
(b) in the case of quantities purchased otherwise than under contract: (i) the consignments received each day, and the name and address of the seller; (ii) the quantity of each consignment accepted for processing;
(c) the quantities of each of the finished products listed in Article 2 obtained each day, with the corresponding quantities of raw materials, specifying the quantities obtained from consignments accepted under contract; (d) the quantities and price of each finished product purchased by the processor each day, giving the name and address of the seller. This information may be recorded by reference to supporting documents, provided the latter contain the abovementioned particulars; (e) the quantities and price of each finished product leaving the processor's premises each day, giving the name and address of the consignee. Such information may be recorded by reference to supporting documents, provided the latter contain the abovementioned particulars.
(a) the quantities of mixed fruit and prepared sauces obtained each day, broken down by product composition within the meaning of Article 16; (b) the quantities and prices of the mixed fruit and prepared sauces leaving the processor's premises, by consignment, with details of the consignee; (c) the quantities and prices of the products referred to in Article 2(1), (2), (9), (11), (12), (13) and (14) purchased and entering the establishment each day, with details of the seller.
(a) physical checks on: at least 5 % of areas as referred to in Articles 10 and 12(1), at least 7 % of quantities delivered for processing, in order to check that they tally with the certificates referred to in Article 20 and comply with the minimum quality requirements;
(b) administrative and accounting checks on at least 5 % of producers covered by contracts, in order to check that the details for each producer, in particular the areas, the total harvest, the quantity marketed by the producer organisation, the quantity delivered for processing and the quantity indicated in the delivery certificates, are consistent with the prices paid as provided for in Article 22(1) and the aid paid as provided for in Article 27(1); (c) administrative and accounting checks to verify that the total quantities of products delivered to the producer organisation by producers as referred to in Article 12(1) and (3), the total quantities delivered for processing, all the delivery certificates referred to in Article 20 and the total quantities stated in the aid application tally with the prices paid as provided for in Article 22(1) and the aid paid as provided for in Article 27(1); (d) administrative and accounting checks on at least 5 % of agreements as referred to in Article 12(4); (e) checks on all aid applications and supporting documents and, in the case of tomatoes, crosschecks on all declared parcels.
(a) checks on at least 5 % of finished products to verify that the applicable minimum quality standards have been complied with; (b) physical and/or accounting checks on at least 5 % of finished products to verify the yield of raw materials processed into the finished product obtained under contract and otherwise than under contract; (c) administrative and accounting checks to verify, on the basis of the invoices issued and received and on the basis of the accounting data, that the quantity of finished product obtained from the raw materials received and the quantities of finished products purchased tally with the quantities of finished products sold; (d) physical and accounting checks on all stocks of finished products at least once each year, to ensure that they tally with the finished products manufactured, purchased and sold; (e) administrative and accounting checks on at least 10 % of payments of the prices referred to in Article 22(1).
(a) the raw materials delivered by each producer for processing; and (b) the payments provided for in Article 22(1).
(a) unannounced physical checks; (b) administrative and accounting checks.
(a) that the quantities of raw materials used for processing correspond to those indicated in the aid application; (b) that the price paid for the raw materials processed into products as referred to in (a) is at least equal to the minimum price laid down; (c) transfer orders as referred to in Article 22(1).
(a) by the percentage of the discrepancy established, if it is more than 5 % but no more than 20 % of the area determined, (b) by 30 % if the discrepancy is more than 20 % of the area determined.
(a) for the marketing year following the finding, if the difference found between the quantity accepted for processing and the quantity actually processed is more than 10 % but no more than 20 % of the quantity accepted for processing; (b) for two marketing years following the finding, if the difference is more than 20 %.
(a) the producer organisation makes false declarations with the collaboration of the processor, (b) the processor repeatedly fails to pay the price referred to in point (f) of the first subparagraph of Article 7(1) of this Regulation, (c) the processor repeatedly fails to meet the payment deadline referred to in the second subparagraph of Article 7(1) of this Regulation, (d) where the processor fails to pay the penalties provided for in paragraph 1 of this Article, (e) the processor fails to comply with the obligations referred to in Article 30(1), (2), (3), (4) or (5) of this Regulation.
(a) the quantity of raw materials for which aid has been granted, including the quantity of raw materials processed in another Member State, where applicable divided into sub-thresholds; (b) the quantity of finished products referred to in Article 2(1) to (15), broken down by quantities covered by contracts and quantities not covered by contracts in the case of tomatoes, peaches and pears, and by quantities covered by aid applications and quantities not covered by aid applications in the case of prunes and dried figs; (c) the quantity of raw materials used to manufacture each of the products referred to in (b); (d) the quantity of products as referred to in (b) in stock at the end of the previous marketing year in the case of products processed from tomatoes, peaches and pears, broken down, in the case of tomatoes, into products sold and products unsold; (e) the quantity in stock at 1 May in the case of prunes and dried figs; (f) in the case of tomatoes: the total area in hectares planted during the marketing year, the average yield, expressed in tonnes per hectare, for the marketing year, the area and yield, broken down into oblong varieties and round varieties, the average soluble dry-matter content of the tomatoes used to make tomato concentrate;
(g) the total quantity made of each of the products referred to in Article 2(3) and (15), broken down according to the products referred to in (1), (2), (9), (11), (12), (13) and (14) of that Article used to make them.
| Regulation (EC) No 449/2001 | Present Regulation |
|---|---|
| Article 1(1) | Article 1 |
| Article 1(2) | Article 2 |
| Article 2(1) | Article 3(1) |
| Article 2(2) | Article 3(2) |
| Article 2(3) | Article 3(3) |
| Article 3(1) | Article 4(1) |
| Article 3(1), second subparagraph | Article 5(2) |
| Article 3(1), third subparagraph | Article 5(3) |
| Article 3(2), first and second subparagraphs | Article 4(2) |
| Article 3(2), third subparagraph | Article 5(1) |
| Article 3(3), first subparagraph | Article 6(1) |
| Article 3(3), second subparagraph | Article 6(2) |
| Article 3(3), third subparagraph | Article 6(3) |
| Article 3(4) | Article 7(1) |
| Article 3(5) | Article 8 |
| Article 3(6), first subparagraph | Article 9(1) |
| Article 3(6), second subparagraph | Article 9(2) |
| Article 3(6), third subparagraph | Article 9(3) |
| Article 3(7) | Article 7(2) |
| Article 4 | Article 10 |
| Article 5(1) | Article 11(1) |
| Article 5(2) | Article 11(2) |
| Article 5(3) | Article 11(3) |
| Article 5(4) | Article 11(4) |
| Article 5(5) | Article 12(1) |
| Article 5(6) | Article 12(3) |
| Article 5(7) | Article 12(4) |
| Article 6 | Article 13 |
| Article 7(1) | Article 22(1) |
| Article 7(2) | Article 22(2) |
| Article 8(1) | Article 14 |
| Article 8(2) | Article 15(1) |
| Article 8(3) | Article 15(2) |
| Article 8(4) | Article 16 |
| Article 9, point (1)(i), and point 9(1)(ii), first subparagraph | Article 17(1) |
| Article 9, point (1)(ii), second subparagraph | Article 17(2) |
| Article 9, point (1), second subparagraph | Article 17(3) |
| Article 9, point (2) | Article 18 |
| Article 10(1) | Article 19 |
| Article 10(2) | — |
| Article 11(1) first and second subparagraphs | Article 20(1) |
| Article 11(1), third subparagraph | Article 20(2) |
| Article 11(1), fourth subparagraph | Article 20(3) |
| Article 11(2) | Article 20(4) |
| Article 12(1) | Article 23(1) |
| Article 12(2) | Article 23(2), first subparagraph |
| Article 12(3) | Article 25(1) |
| Article 12(4) | Article 23(3) |
| Article 12(5) | Article 23(4) |
| Article 12(6) | Article 23(6) |
| Article 12(7) | Article 23(5) |
| Article 13(1) | Article 24 |
| Article 13(2) | Article 26 |
| Article 13(3), first subparagraph | Article 25(2) |
| Article 13(3), second subparagraph | Article 25(3) |
| Article 13(3) third, fourth and fifth indents | Article 25(4) |
| Article 13(3), sixth subparagraph | Article 25(5) |
| Article 14(1) | Article 27(1) |
| Article 14(2) | Article 27(2) |
| Article 14(3) | Article 27(3) |
| Article 14(4) | Article 27(4) |
| Article 15(1) | Article 28(1) |
| Article 15(2) | Article 28(2) |
| Article 15(3) | Article 28(3) |
| Article 16(1) | Article 29(1) |
| Article 16(2) | Article 29(2) |
| Article 16(3) | Article 29(3) |
| Article 16(4) | Article 29(4) |
| Article 17(1) | Article 30(1) |
| Article 17(2) | Article 30(2) |
| Article 17(3) | Article 30(3) |
| Article 17(4) | Article 30(4) |
| Article 17(5) | Article 30(5) |
| Article 17(6) | Article 30(6) |
| Article 17(7) | Article 30(7) |
| Article 18(1) | Article 31(1) |
| Article 18(2) | Article 31(2) |
| Article 19(1) | Article 32(1) |
| Article 19(2) | Article 32(2) |
| Article 20(1) | Article 33(1) |
| Article 20(2) | Article 33(2) |
| Article 20(3) | Article 33(3) |
| Article 20(4) | Article 37 |
| Article 20(5) | Article 34(1) |
| Article 20(6) | Article 34(3) |
| Article 21(1) | Article 35(1) |
| Article 21(2) | Article 35(2) |
| Article 21(3) | Article 35a |
| Article 22(1) | Article 36 |
| Article 22(2) | Article 38 |
| Article 23 | Article 39 |
| Article 24 | Article 40 |
| Article 25 | Article 41 |
| Article 26 | Article 42 |