Commission Regulation (EC) No 43/2003 (repealed)Show full title

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.