Commission Regulation (EC) No 43/2003 (repealed)Show full title

CHAPTER II U.K. Marketing outside the production region

Section I U.K. Rice, fruit, vegetables, plants and flowers and potatoes

Article 45 U.K. Scope

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

(a)

the aid referred to in Article 5 of Regulation (EC) No 1452/2001;

(b)

the aid referred to in Article 15 of Regulation (EC) No 1452/2001;

(c)

the aid referred to in Article 6 of Regulation (EC) No 1453/2001;

(d)

the aid referred to in Article 30(3) of Regulation (EC) No 1453/2001;

(e)

the aid referred to in Article 10 of Regulation (EC) No 1454/2001.

Article 46 U.K. Annual contracts

1. ‘Annual contract’ shall mean a contract by which an operator, either a natural person or a legal entity established elsewhere in the Community, outside the outermost region of production, undertakes, before the beginning of the marketing period for the product or products concerned, to purchase all or part of the production of an individual producer, a member of a producer group or a producer organisation in the outermost regions, with a view to marketing it outside the production region.

2. Operators who intend to submit an application for aid shall send the annual contract to the competent French, Portuguese or Spanish authorities, as the case may be, before the start of the marketing period for the product or products concerned.

Contracts shall include at least the following information:

(a) the business names of the contracting parties and their places of establishment;

(b) a precise description of the products covered;

(c) the total quantity to be supplied and the forecast delivery schedule;

[F1 (d) the references and areas of the parcels on which the products are grown and, in the case of producer organisations, the name and address of each grower concerned; the parcel references need not be communicated in the case of pink peppercorns falling within CN code 0910 ;]

(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.

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. The competent authorities shall assess the contracts for compliance with the relevant provisions referred to in Article 45 and with this section. They shall verify that the contracts contain all the information specified in paragraph 2. They shall inform the operator whether Article 48 is likely to be applied.

4. For the purpose of calculating the aid, the value of marketed production, delivered to destination zone, shall be evaluated on the basis of the annual contract, the particular transport documents and any other supporting documents submitted to justify the application for payment. The value of the marketed production to be taken into account shall be that of a delivery to the first port or airport of unloading. The competent authorities may request any information or additional supporting documentation appropriate for calculating the aid.

5. Applications for aid shall be submitted by the buyer or, in cases as referred to in Article 6 of Regulation (EC) No 1453/2001, by the seller who has signed an undertaking to market the product. 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.

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.

Article 47 U.K. Marketing flowers and plants produced in the Azores and Madeira

1. For the purposes of Article 6 of Regulation (EC) No 1453/2001 as regards marketing flowers and plants produced in the Azores and Madeira elsewhere in the Community, individual producers, producer groups and producer organisations as referred to in Articles 11, 13 and 14 of Regulation (EC) No 2200/96 wishing to participate in the aid scheme shall submit their applications to the body designated by the competent Portuguese authorities before a date to be determined by the latter.

That body shall lay down the conditions for approval and shall publish each year a list of approved individual producers, producer groups or producer organisations, at least one month before the beginning of the marketing period.

2. Individual producers, producer groups and producer organisations as referred to above wishing to qualify under the aid scheme shall send a declaration to the office designated by the competent authorities before the beginning of the marketing period of the products concerned, undertaking in particular:

(a) to market the flowers and plants only elsewhere in the Community;

(b) to notify the names of the contracting firms or intermediaries and their place of establishment;

(c) to indicate, in particular:

• (c) the plants and flowers to be marketed,

• the references and areas of the parcels, identified in accordance with Articles 4 and 5 of Regulation (EEC) No 3508/92, on which the products concerned are grown and, in the case of producer organisations, the names and addresses of each grower concerned; the parcel references need not be notified in the case of dried flowers falling within CN code 0603 90 00;

(d) to indicate the packaging and presentation method and information relating to transport (conditions and costs) and the exact delivery stage;

(e) to keep separate accounts covering the conduct of the sales referred to in this Article;

(f) to provide the competent Portuguese authorities, at the request of the latter, with all supporting documentation concerning the conduct of the sales referred to in this article and fulfilment of the undertakings made under this Regulation.

3. For the purpose of calculating the aid, the value of marketed production, delivered to destination zone, shall be evaluated on the basis of the particular transport documents and any other supporting documents submitted to justify the application for payment. The value of the marketed production to be taken into account shall be that of a delivery to the first port or airport of unloading. The competent authorities may request any information or additional supporting documentation appropriate for calculating the aid.

4. Aid applications shall be submitted by individual producers, producer groups or producer organisations as referred to in Articles 11, 13 and 14 of Regulation (EC) No 2200/96 who have undertaken to market the product. 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.

Article 48 U.K. Reduction coefficient

1. Where the quantities covered by aid applications for a given product exceed the volume laid down in Article 15(1) of Regulation (EC) No 1452/2001 or, in the case of melons falling within CN code ex 0807 10 90 and pineapples falling within CN code 0804 30 00, the limit laid down in paragraph 6 of that Article or the limits laid down in Article 10(2) of Regulation (EC) No 1454/2001, the competent authorities shall determine a standard percentage reduction to be applied to all aid applications.

2. For rice from French Guiana:

(a) if necessary, the competent French authorities shall fix a standard reduction coefficient to be applied to the applications concerned to ensure that the quantity for which aid is granted each year, expressed in terms of milled rice equivalent, does not exceed 12 000 tonnes for all quantities covered by applications and, within that ceiling, that the quantities disposed of elsewhere in the Community outside Guadeloupe and Martinique do not exceed 4 000 tonnes;

(b) the standard reduction coefficient shall be calculated as follows:

(i)

where:

x

=

the quantity of rice from French Guiana actually disposed of and marketed elsewhere in the Community outside Martinique and Guadeloupe;

(ii)

where:

y

=

the total quantity of rice from French Guiana covered by aid applications;

(iii)

where:

x

=

the quantity of rice from French Guiana actually disposed of and marketed elsewhere in the Community outside Martinique and Guadeloupe;

i

=

the reduction coefficient to be applied to aid applications for the quantity of rice from French Guiana actually disposed of and marketed elsewhere in the Community other than in Martinique and Guadeloupe referred to at (i),

k

=

the quantity of rice from French Guiana actually disposed of and marketed in Martinique and Guadeloupe.

The competent French authorities shall immediately notify the Commission when this paragraph is applied, and of the quantities involved;

(c) aid shall be paid for quantities actually disposed of and marketed under an annual contract or contracts in accordance with the applicable provisions;

(d) for the purposes of this Article, the coefficient for the processing of:

• (d) paddy rice into wholly-milled rice is fixed at 0,45,

• husked rice into wholly-milled rice is fixed at 0,69,

• semi-milled rice into wholly-milled rice is fixed at 0,93.

Article 49 U.K. Joint ventures

The increase in aid provided for in Article 15(4) of Regulation (EC) No 1452/2001, Article 6(4) of Regulation (EC) No 1453/2001 and Article 10(4) of Regulation (EC) No 1454/2001 shall be paid on presentation of proof of the commitments entered into by the partners for a period of not less than three years to pool the knowledge and know-how required to achieve the objective of the joint venture. These commitments shall include a clause prohibiting cancellation of the contract before the end of the aforementioned three-year period.

Where the aforementioned commitments are broken, the operator may not submit an application for aid for the marketing year concerned.

Article 50 U.K. Reconsignment and re-export of rice

1. Products receiving aid under Article 5 of Regulation (EC) No 1452/2001 may not be exported; in addition, products disposed of and marketed in Guadeloupe and Martinique may not be reconsigned to the rest of the Community.

Products disposed of and marketed elsewhere in the Community on which the aid referred to in the first subparagraph has been paid may not be reconsigned to Guadeloupe, Martinique or French Guiana.

2. The competent authorities shall take all the necessary monitoring measures to ensure compliance with paragraph 1. Such measures shall include, in particular, unannounced physical checks. The Member State concerned shall notify the Commission of the measures taken to this effect.

Section II U.K. Madeira wine

Article 51 U.K.

1. The aid referred to in Article 20(6) of Regulation (EC) No 1453/2001 shall be granted up to and including the end of the 2005/06 wine year.

2. Where the aid is applied for in respect of containers of less than one litre, a reduction coefficient shall be applied to take account of the volume of the bottle.

3. The aid shall be paid to shippers who submit an application to the competent body for each lot for the period laid down by that body.

4. Applications shall contain at least the following:

• a copy of section 3 of the accompanying administrative document (AAD), duly completed, with particulars of the consignor and the consignee (name, address, country), the volume of wine dispatched in litre equivalent, the customs code description, the stamp of the Madeira Wine Institute certifying the product and the stamp of the Madeira customs authorities certifying that the product has left the territory,

• a copy of the invoice from the carrier/shipping agent showing the final destination or the marine bill of lading,

• a copy of the invoice to the buyer showing the volume in litre equivalent, which must correspond to that shown on the AAD.