Commission Regulation (EC) No 43/2003 (repealed)Show full title

TITLE III U.K. PROCESSING AID

CHAPTER I U.K. Fruit and vegetables

Article 19 U.K. Scope

The aid provided for in Article 13 of Regulation (EC) No 1452/2001 shall be paid to processors approved by France under the terms set out in this chapter.

Article 20 U.K. Entitlement to aid

1. The aid shall be paid for processing the fruit and vegetables, harvested in the French overseas departments, listed in column II of part A of Annex I for which processors have paid a price at least equal to the minimum price under processing contracts covering the manufacture of one of the products listed in part B of Annex I.

2. The aid shall be paid up to the annual quantities fixed in column III of part A of Annex I for each of the three product categories A, B and C.

3. The amounts of aid applicable to each product category shall be as set out in column IV of part A of Annex I.

Article 21 U.K. Approval of processors

1. Processors wishing to qualify for the aid shall submit an application for approval to the office designated by the competent authorities, by a date to be set by those authorities, giving all the information required by France for administering and monitoring the aid scheme.

2. The competent authorities shall grant approval, upon application, to processors or legally constituted associations or groups of processors which, in particular:

(a) possess equipment suitable for processing fruit and vegetables; and

(b) undertake in writing:

• (b) to keep separate accounts relating to performance of the contracts referred to in Article 22, and

• to provide the competent authorities, at the request of the latter, with all supporting documentation relating to performance of the contracts and fulfilment of the commitments entered into under this Regulation.

Article 22 U.K. Processing contracts

1. The contracts referred to in Article 13(1) of Regulation (EC) No 1452/2001, hereinafter called ‘processing contracts’, shall be concluded in writing before the beginning of each marketing year. They shall take one of the following forms:

(a) a contract between an individual producer or a producer organisation recognised under Regulation (EC) No 2200/96, on the one hand, and a processor or an association or group of processors approved by the national authorities, on the other;

(b) an undertaking to deliver supplies, where the producer organisation referred to in (a) acts as processor.

2. Contracts shall each cover a calendar year and the same two contracting parties may not conclude more than one contract per year between themselves.

3. Processing contracts shall specify, in particular:

(a) the business names of the parties to the contract;

(b) a precise description of the product(s) covered by the contract;

(c) the quantities of raw materials to be supplied;

(d) the timetable for deliveries to the processor;

(e) the price to be paid for the raw materials, excluding in particular costs connected with packing, transport and the payment of fiscal charges, which shall, where applicable, be indicated separately. The price shall not be lower than the minimum price referred to in the second subparagraph of Article 13(1) of Regulation (EC) No 1452/2002;

(f) the finished products to be produced.

4. On terms laid down for each product by the competent authorities, the contracting parties may decide, by means of a written amendment, to increase the quantities originally stipulated in the contract by no more than 30 %.

5. Where producer organisations also act as processors, the processing contracts covering their own production shall be deemed to have been concluded after the following particulars have been forwarded to the competent authority within the time limit laid down in paragraph 6:

(a) the total area on which the raw material is grown, together with land register reference numbers or a reference recognised as equivalent by the inspection body;

(b) an estimate of the total harvest;

(c) the quantity intended for processing;

(d) the forecast processing schedule.

6. The processor or association of processors shall forward a copy of each processing contract and any amendments thereto to the competent authorities within the deadline fixed by those authorities.

Article 23 U.K. Payment of the minimum price

1. Without prejudice to cases covered by Article 22(1)(b), processors shall pay the price of the raw materials to the producer organisation or individual producer exclusively by bank or post office transfer order.

Producer organisations shall pay producers the full amount referred to in the first subparagraph within 15 working days of receipt, by bank or post office transfer order. In cases as referred to in Article 22(1)(b), payment may be made by opening a credit. France shall adopt the measures necessary to check compliance with this paragraph and shall provide in particular for penalties to be imposed on the administrators of the producer organisation according to the seriousness of any failure to comply.

2. France may adopt additional provisions relating to processing contracts, covering in particular time limits, terms and methods of payment of the minimum price and damages payable by processors, producer organisations or producers where they do not fulfil their obligations under contracts.

Article 24 U.K. Quality of products

Without prejudice to any minimum quality criteria laid down or to be laid down in accordance with the procedure provided for in Article 46 of Regulation (EC) No 2200/96, raw materials delivered to processors under processing contracts shall be of sound and fair merchantable quality and suitable for processing.

Article 25 U.K. Aid applications

1. Processors shall submit two aid applications for each marketing year to the body designated by France:

(a) the first relating to products processed from 1 January to 31 May;

(b) the second relating to products processed from 1 June to 31 December.

2. Aid applications shall indicate in particular the net weight of the raw materials used and of the finished products obtained, described in accordance with parts A and B of Annex I respectively. They shall be accompanied by copies of the transfer orders provided for in the first subparagraph of Article 23(1). In the case of undertakings to deliver supplies, such copies may be replaced by a declaration by the producer to the effect that the processor has paid a price at least equal to the minimum price. Such copies or declarations shall quote the references of the relevant contracts.

Article 26 U.K. Reduction coefficient

1. Where the information referred to in Article 22(6) indicates that the quantity set for a category of products shown in column III of part A of Annex I is likely to be exceeded, the competent authorities shall set a provisional reduction coefficient to be applied to all aid applications for that category submitted under Article 25(1)(a). The coefficient, which shall be the ratio between the quantities referred to in column III of part A of Annex I and those set by contract plus any additional quantities agreed, shall be calculated not later than 31 March.

2. Where paragraph 1 is applied, at the end of the marketing year the competent authorities shall establish the definitive reduction coefficient to be applied to all aid applications for the category of products concerned submitted under Article 25(1)(a) and (b).

Article 27 U.K. Record keeping

1. Processors shall keep records showing at least the following:

(a) consignments of raw materials purchased and entering their premises each day which are covered by processing contracts or amendments thereto, together with the numbers of any receipts issued for such consignments;

(b) the weight of each consignment brought into their premises and the name and address of the other party to the contract;

(c) the quantities of finished products obtained each day from processing the raw materials on which the aid is payable;

(d) the quantities and prices of products leaving the processor's premises, consignment by consignment, with details of the consignee. Such data may be recorded by reference to supporting documents, provided the latter contain the above particulars.

2. Processors shall retain proof of payment for all raw materials purchased under processing contracts or amendments thereto.

3. Processors shall undergo any inspections or checks deemed necessary and shall keep such additional records as the competent authorities require to conduct any checks that they deem necessary. Where an inspection or check cannot be conducted for reasons attributable to the processor, despite the latter having been formally notified thereof, no aid shall be paid for the marketing years concerned.

CHAPTER II U.K. Sugar

Section I U.K. Sugar cane

Article 28 U.K. Scope

This chapter lays down detailed rules for applying the following aid schemes:

(a)

Community aid for the direct processing of sugar cane into sucrose syrup or agricultural rum as provided for in Article 17 of Regulation (EC) No 1452/2001;

(b)

aid for the direct processing of sugar cane into sugar syrup or agricultural rum as provided for in Article 18 of Regulation (EC) No 1453/2001.

Article 29 U.K. Payment of the aid

1. The aid referred to in Article 28 shall be paid, as the case may be:

(a) to any sucrose syrup manufacturer or distiller:

• (a) whose plant is located in one of the French overseas departments, and

• who produces directly from cane harvested in the same French overseas department:

  (i)

  sucrose syrup of less than 75 % purity used in the manufacture of aperitifs; or

  (ii)

  agricultural rum as defined in Article 1(4)(a)(2) of Council Regulation (EEC) No 1576/89(1);

(b) to any sugar syrup manufacturer or distiller whose facilities are located on the territory of Madeira and who directly processes cane harvested on Madeira.

2. Aid shall be paid out each year for the quantities of sugar cane processed directly into sugar syrup, sucrose syrup or agricultural rum for which the syrup manufacturer or distiller shows proof that the sugar-cane producers concerned have been paid the minimum price referred to in Article 30.

3. The amount of the processing aid is hereby fixed as follows:

(a) for the aid referred to in Article 28(a),

• (a) at EUR 9,0 per 100 kilograms of sugar expressed as white sugar, for sucrose syrup,

• at EUR 64,22 per hectolitre of pure alcohol produced, for agricultural rum;

(b) for the aid referred to in Article 28(b),

• (b) at EUR 53 per 100 kilograms of sugar expressed as white sugar, for sugar syrup,

• at EUR 90 per hectolitre of pure alcohol produced, for agricultural rum.

Article 30 U.K. Minimum price for sugar cane

1. The minimum prices referred to in the second subparagraph of Article 17(1) of Regulation (EC) No 1452/2001 and in the second subparagraph of Article 18(1) of Regulation (EC) No 1453/2001 are hereby fixed as follows:

• Réunion: EUR 51,01 per tonne of cane,

• Martinique: EUR 45,16 per tonne of cane,

• Guadeloupe and French Guiana: EUR 55,95 per tonne of cane,

• Madeira: EUR 78,9 per tonne of cane.

The minimum price shall apply to cane of sound and fair merchantable quality and of standard sugar content. The delivery stage of the sugar cane shall be free at factory gate.

2. The standard sugar content and the scale of increases and reductions to be applied to the minimum price when the sugar content of the cane differs from the standard sugar content shall be adopted by the competent authority on the proposal of a joint committee of distillers or syrup manufacturers and the sugar-cane producers.

Article 31 U.K. Minimum price

1. Proof that the minimum price has been paid to the sugar-cane producer shall be established by a certificate drawn up on normal paper by the syrup manufacturer or distiller. The certificate shall show:

(a) the name of the syrup manufacturer or distiller;

(b) the name of the sugar-cane producer;

(c) the total quantities of sugar cane for which the minimum price fixed for the calendar year concerned has been paid and which have been delivered to the syrup factory or distillery by the producer concerned during that calendar year;

(d) the quantity of product for which the minimum price has been paid.

2. The certificate shall be signed by the sugar-cane producer and the syrup manufacturer or distiller.

3. The manufacturer or distiller shall keep the original of the certificate. A copy shall be given to the sugar-cane producer.

Article 32 U.K. Reduction coefficient

1. When the sum of the quantities covered by aid applications in a given calendar year is greater than the annual quantities referred to in Article 17(2) of Regulation (EC) No 1452/2001 and in Article 18(2) of Regulation (EC) No 1453/2001, a standard reduction coefficient shall be applied to each application for the product concerned.

However, France may allocate the quantity of rum referred to in paragraph 1 by department on the basis of the average quantity of agricultural rum sold by each department in the years 1997 to 2001. If the quantities covered by aid applications exceed the overall quantities, the reduction coefficients may be differentiated by department.

2. Aid applications shall be submitted to the competent authorities designated by France or Portugal, as the case may be.

Section II U.K. Beet sugar

Article 33 U.K.

This chapter lays down detailed rules for applying the aid for the processing into white sugar of sugarbeet harvested in the Azores provided for in Article 28(2) of Regulation (EC) No 1453/2001.

Article 34 U.K.

1. Processing undertakings shall submit their applications in writing to the competent authorities. Applications shall indicate the quantity of white sugar produced from sugarbeet harvested in the Azores and shall be accompanied by:

(a) proof of purchase of the sugarbeet from each producer who has delivered the sugarbeet that has been processed; and

(b) a written undertaking not to refine raw sugar during the period when sugarbeet is being processed into white sugar.

2. The aid referred to in paragraph 1 shall be paid only after it has been established that white sugar has been produced from the sugarbeet harvested in the Azores.

Article 35 U.K.

Portugal shall take all the measures necessary to ensure that the aid is granted only up to the maximum referred to in Article 28 of Regulation (EC) No 1453/2001.

CHAPTER III U.K. Wine

Section I U.K. Aid for the purchase of rectified concentrated musts and wine alcohol in Madeira

Article 36 U.K.

1. Producers established in the Madeira island group wishing to qualify for aid for the purchase of rectified concentrated musts for use in wine-making to sweeten Madeira liqueur wines, or aid for the purchase of wine alcohol, under Article 20(2) and (3) of Regulation (EC) No 1453/2001, shall submit to the competent body, by a date specified by the latter, which may not be later than 31 October, an application containing at least the following:

• a copy of the contract for the purchase of rectified concentrated musts or wine alcohol elsewhere in the Community,

• the quantity of rectified concentrated musts or wine alcohol for which aid is requested, expressed in hectolitres and in % vol,

• the date of taking over of the musts or wine alcohol,

• the date set for the start of the operations to prepare liqueur wines, and the place at which these operations are to be carried out.

2. The aid is hereby fixed at EUR 12,08 per hectolitre.

3. The aid shall be paid for the purchase of a maximum quantity of 3 600 hectolitres of rectified concentrated musts and a maximum quantity of 8 000 hectolitres of wine alcohol in each marketing year.

Article 37 U.K.

1. The competent body shall take all necessary steps to verify the accuracy of the applications and check that the rectified concentrated musts and the wine alcohol covered by the aid applications are actually used in the proper way.

2. The competent body shall pay the aid to the producer before the end of the wine year concerned, without prejudice to any delays caused by further checks.

Section II U.K. Aid for the ageing of Madeira liqueur wines and Azores wine

Article 38 U.K.

1. Aid for the ageing of Madeira liqueur wines and Azores ‘verdelho’ wine, as provided for in Article 20(5) and Article 31 of Regulation (EC) No 1453/2001, shall be paid for all quantities of wine placed in storage for the purpose of ageing on the same date and aged for an uninterrupted period of at least five years in the case of Madeira and three years in the case of the Azores.

[F1 2. Aid for the ageing of Madeira liqueur wine and Azores wine shall be granted to producers in those regions who submit an application to the competent body during the period laid down by the competent authorities of the Member State. That period shall be laid down so as to allow time for the necessary on-the-spot checks to be made.]

3. The aid shall be granted by priority for wine from the most recent harvest. Applications for wines produced during previous marketing years shall be accepted where the maximum quantities laid down in Regulation (EC) No 1453/2001 are not reached, with priority being given to the youngest wines.

4. Where the overall quantity covered by applications exceeds the maximum quantities laid down in Regulation (EC) No 1453/2001, a reduction coefficient shall be applied. The total quantity of product for which a producer submits an aid application may not exceed that covered for the marketing year in question by a production declaration as provided for in Regulation (EC) No 1282/2001.

5. The Portuguese authorities shall make known to the Commission:

• the overall quantities for which contracts have been concluded each year,

• the detailed rules for applying this paragraph.

6. Operators wishing to qualify for the aid scheme shall conclude with the competent body an ageing contract for no less than five years in the case of Madeira and three years in the case of the Azores.

7. Contracts shall be concluded on the basis of an aid application submitted once only at the start of the period referred to above. Applications shall contain at least the following:

(a) the name and address of the applicant producer;

(b) the number of batches covered by the ageing contract and precise particulars of each batch (in particular the tank number, the quantity stored, and the exact location);

(c) for each batch, the harvest year, the technical characteristics of the liqueur wine concerned and, in particular, its total alcoholic strength, actual alcoholic strength, sugar content, total acidity and volatile acidity;

(d) for each batch, the type of container;

(e) for each batch, the first and last day of the storage period.

8. Correct performance of the ageing contract shall confer entitlement to payment of the overall amount of the aid determined when the contract is signed. In Madeira, one third of the aid shall be paid in the first, third and fifth years of storage. In the Azores, one third of the aid shall be paid in each storage year.

9. Acceptance of the contract shall be subject to the lodging of a performance guarantee corresponding to 40 % of the overall amount of the aid covering the contract period. The guarantee shall be lodged in accordance with Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products(2).

10. The competent body shall ensure that the terms of the ageing contract are observed by checking the producers' records and carrying out on-the-spot inspections.

11. Performance guarantees shall be released when it is established that the contract has been properly performed.

12. Where the competent body finds that the liqueur wine covered by a contract is unsuitable for offering for sale or using for direct human consumption, it shall terminate the contract. Except in cases of force majeure, termination of the contract shall entail the recovery of aid amounts paid and forfeiture of the performance guarantee. The circumstances of force majeure relied upon shall be notified to the competent body within three working days following the date on which they occur.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 995/2003 of 11 June 2003 derogating from Regulation (EC) No 43/2003 and amending it as regards the period for the submission of applications for aid for the ageing of Madeira liqueur wine and Azores wine.

(1)

OJ L 160, 12.6.1989, p. 1.

(2)

OJ L 205, 3.8.1985, p. 5.