Council Regulation (EC) No 637/2008 (repealed)Show full title

CHAPTER 2 U.K. NATIONAL RESTRUCTURING PROGRAMMES FOR THE COTTON SECTOR

Article 2 U.K. Scope

1. This Chapter lays down the rules governing the attribution of Community funds to Member States and the use of those funds by Member States through national restructuring programmes (hereinafter restructuring programmes) to finance specific restructuring measures to assist the cotton sector.

2. No support shall be granted:

(a) for research projects and measures to support research projects;

(b) for measures which are eligible for Community support under Regulation (EC) No 1698/2005.

Article 3 U.K. General requirements

1. The restructuring programmes must be compatible with Community law and consistent with the activities, policies and priorities of the Community.

2. Member States shall be responsible for the restructuring programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers and processors concerned and the need to avoid unjustified unequal treatment between producers and/or processors.

Member States shall be responsible for providing for and carrying out the necessary controls and penalties in case of non-compliance with the restructuring programmes.

Article 4 U.K. Submission and application of restructuring programmes

1. Each producer Member State shall, every four years and for the first time by 1 January 2009, submit to the Commission a draft four-year restructuring programme containing measures in accordance with this Chapter.

[F1 By way of derogation from the first subparagraph, Member States may opt to submit to the Commission, by 31 December 2009 , a single draft modified restructuring programme for a duration of eight years.]

Before being submitted to the Commission the restructuring programme shall be subject to consultation with the competent authorities and organisations in the cotton sector.

Each Member State shall submit one single draft programme which may accommodate regional particularities.

2. Restructuring programmes shall become applicable three months after their submission to the Commission.

However, if the submitted programme does not comply with the conditions laid down in this Chapter and its implementing rules, the Commission shall inform the Member State thereof. In such a case, the Member State shall submit a revised programme to the Commission. The revised programme shall become applicable two months after its submission unless an incompatibility persists in which case this paragraph shall apply.

3. Paragraph 2 shall apply mutatis mutandis to changes in respect of restructuring programmes submitted by Member States.

Textual Amendments

F1 Inserted by Council Regulation (EC) No 472/2009 of 25 May 2009 amending Regulation (EC) No 637/2008 as regards the national restructuring programmes for the cotton sector.

Article 5 U.K. Budgetary allocation

1. The annual budget for the restructuring programme per Member State from the financial year 2010 onwards shall be as follows:

• Greece: EUR 4,0 million,

• Spain: EUR 6,134 million.

2. Each Member State may decide to terminate its use of the restructuring programme to permanently transfer its annual budget referred to in paragraph 1 of this Article, to its national ceiling as determined in Annex VIII to Regulation (EC) No 1782/2003. This decision shall be communicated to the Commission at the latest by 1 August of a given year and shall apply to the direct payments granted under the following calendar year. The communication shall also report on the implementation of the restructuring programme and the achievement of its objectives.

[F1 However, if a Member State opts to submit a draft modified restructuring programme for a duration of eight years, as provided for in the second subparagraph of Article 4(1), its annual budget as referred to in paragraph 1 of this Article shall be transferred to its national ceiling as determined in Annex VIII to Regulation (EC) No 73/2009 in the financial year 2018 and shall be applicable to direct payments paid in that year. The Member State concerned shall submit a communication on the implementation of the restructuring programme and the achievement of its objectives before 1 January 2018 .]

3. The transfer in paragraph 2 of this Article, as well as the corresponding modification of paragraph 1 of this Article, shall be adopted in accordance with the procedure referred to in Article 144(2) of Regulation (EC) No 1782/2003 after the Commission’s assessment of the implementation of the restructuring programme in light of its objectives.

Textual Amendments

F1 Inserted by Council Regulation (EC) No 472/2009 of 25 May 2009 amending Regulation (EC) No 637/2008 as regards the national restructuring programmes for the cotton sector.

Article 6 U.K. General rules concerning the financing of the restructuring programmes

1. Community support shall only relate to eligible expenditure incurred after the submission of the relevant restructuring programme as referred to in Article 4(1).

2. Member States shall not contribute to the costs of the measures financed by the Community under the restructuring programmes.

Article 7 U.K. Eligible measures and beneficiaries

1. Restructuring programmes shall only contain one or more of the following measures:

(a) full and permanent dismantling of ginning facilities;

(b) investments in the ginning industry;

(c) participation of farmers in cotton quality schemes;

(d) information and promotion activities;

(e) aid to machinery contractors, not exceeding losses incurred.

2. Beneficiaries of the restructuring programmes shall be:

[F2 (a) the owners of the ginning facilities in respect of which aid under Chapter IV of Council Regulation (EC) No 1051/2001 (1) was granted in the marketing year 2005/2006, for aid under the measures referred to in paragraph 1(a), (b) and (d) of this Article;]

(b) the beneficiaries of aid under Chapter 10a of Regulation (EC) No 1782/2003, for aid under the measures referred to in paragraph 1(c) and (d) of this Article;

(c) the approved inter-branch organisations, as defined in Chapter 10a of Regulation (EC) No 1782/2003, for aid under the measure referred to in paragraph 1(d) of this Article;

(d) machinery contractors, for aid under the measure referred to in paragraph 1(e) of this Article, which:

• (d) are private persons or enterprises having worked under contract of growers or ginners in the marketing year 2005/06 with their agricultural machinery for the harvest of cotton,

• have harvested cotton, which has been delivered to ginning facilities affected by dismantling as referred to in paragraph (1)(a) of this Article,

  and

• have incurred demonstrable losses as a result of the shortage of cotton to be harvested.

Textual Amendments

F2 Substituted by Council Regulation (EC) No 472/2009 of 25 May 2009 amending Regulation (EC) No 637/2008 as regards the national restructuring programmes for the cotton sector.

Article 8 U.K. Financial resources

The measures provided for in this Chapter shall constitute intervention to regulate agricultural markets as referred to in Article 3(1)(b) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy(2).

Article 9 U.K. Implementing rules

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(3).

Article 10 U.K. Entry into force and application

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply as from 1 January 2009.

(1)

[F2 OJ L 148, 1.6.2001, p. 3 .]

(2)

OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation (EC) No 479/2008.

(3)

OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

Textual Amendments

F2 Substituted by Council Regulation (EC) No 472/2009 of 25 May 2009 amending Regulation (EC) No 637/2008 as regards the national restructuring programmes for the cotton sector.