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Commission Regulation (EC) No 43/2003 of 23 December 2002 laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards aid for the local production of crop products in the outermost regions of the European Union (repealed)
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Version Superseded: 03/06/2006
Point in time view as at 01/01/2004.
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This chapter lays down detailed rules for applying the aid granted for fruit, vegetables, flowers and live plants harvested or produced locally and intended to supply the markets of the respective production regions, as provided for in Article 12(1) of Regulation (EC) No 1452/2001, Article 5(1) of Regulation (EC) No 1453/2001 and Article 9(1) of Regulation (EC) No 1454/2001.
1.The lists of the products qualifying for the aid referred to in Article 39, classified by category, shall be as fixed in column II of Annexes II, III, IV and V for the French overseas departments, the Azores, Madeira and the Canary Islands, respectively.
2.The products shall be covered by supply contracts as referred to in Article 41 and comply with the standards established in accordance with Title I of Regulation (EC) No 2200/96 as regards fruit and vegetables or, where no such standards have been adopted, the quality specifications contained in the contracts.
3.The aid shall be granted up to the annual quantities for each product category set out in column III of Annexes II, III, IV and V.
4.The aid amounts applicable for each product category shall be as fixed in columns IV and V of Annexes II, III, IV and V. The amounts shown in column V shall apply to producer organisations recognised in accordance with Articles 11 and 14 of Regulation (EC) No 2200/96. The amounts shown in column IV shall apply to other producers.
5.Where the supply requirements of the French overseas departments for one or more products so require, the competent authorities shall grant the aid for the supply to a department other than the department in which the product is harvested.
1.Supply contracts shall be concluded between individual producers, producer groups or producer organisations on the one hand and approved operators as referred to in Article 42 on the other hand.
Contracts shall include in particular:
(a)the business names of the parties to the contract;
(b)a precise description of the products covered;
(c)the total quantity to be supplied and the forecast delivery schedule;
(d)the references and areas of the parcels on which the products are grown and the names and addresses of each grower concerned;
(e)the duration of the undertaking;
(f)the packaging and presentation method and information relating to transport (conditions and costs);
(g)the exact delivery stage.
2.Contractors may increase the quantity initially specified in the contract by no more than 30 %, by means of an amendment in writing to the contract.
3.Contracts and amendments thereto shall be signed before the start of the deliveries concerned and before a deadline set by the competent authorities, which may differ for each product.
4.The competent authorities may adopt additional provisions concerning contracts, in particular regarding compensation in the event of failure to observe contractual obligations or to fix a minimum quantity for each contract. Where administration of the aid scheme so requires, the competent authorities may specify marketing periods or years other than those referred to in Article 53 for each product.
1.Economic operators in the wholesale or retail food trade or in catering, local authorities and, in the Azores, Madeira and the Canary Islands, food processors, wishing to participate in the aid scheme shall submit applications for approval to the body designated by the competent authorities before a date set by the latter. That body shall lay down the conditions for approval and shall publish each year a list of approved operators, not less than one month before the deadline for the signing of contracts.
2.The approved operators shall give an undertaking to:
(a)market or, in the case of the Azores, Madeira and the Canary Islands, process the products covered by the supply contracts exclusively in the production region;
[F1(b) keep separate stock accounts or any other document providing the same guarantees for purposes of checking;]
(c)provide the competent authorities, at the request of the latter, with all supporting documentation concerning the performance of the contracts and fulfilment of the undertakings made under this Regulation.
Textual Amendments
F1 Substituted by Commission Regulation (EC) No 1812/2003 of 15 October 2003 amending and correcting Regulation (EC) No 43/2003 laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards aid for the local production of crop products in the outermost regions of the European Union.
Individual producers, producer groups and producer organisations wishing to qualify under the aid scheme shall send a declaration together with a copy of the contract referred to in Article 41 to the department designated by the competent authorities before a date set by the latter.
1.Where the documents referred to in Article 43 indicate that the quantities provided for in Article 40(3) are likely to be exceeded, the competent authorities shall fix a provisional reduction coefficient to be applied to all aid applications concerning the category concerned and shall inform the interested parties thereof. The coefficient, which shall be the ratio between the quantities shown in column III of Annexes II, III, IV and V and the quantities covered by the contracts and any amending clauses, shall be set before any decision is taken to grant the aid and at the latest one month after the deadline referred to in Article 41(3).
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 covering the product category concerned submitted during the marketing year.
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