Council Regulation (EC) No 2201/1996 of 28 October establishing the Common Organisation of the Market in products processed from fruit and vegetables, as last amended by Regulation (EC) No 22011/2004 of the European Parliament and of the Council Council Regulation (EC) No 1239/2001 of 19 June provides for a system of aid to producer organisations which deliver tomatoes, peaches and pears for processing and a system of aid for the production of dried figs and plums raisins of Ente, which is granted to processors.

Commission Regulation (EC) 449/2001 of 2 March laying down detailed rules for the application of Regulation (EC) No 2201/1996 as regards the aid scheme in the field of processed products based on fruit and vegetables, specific aspects and determines which others the Member State should or is entitled to develop.

Likewise, Commission Regulation (EC) No 217/2002 of 5 February laying down the criteria for the eligibility of raw materials under the aid scheme for the production of the Regulation (EC) 2201/1996, complements the provisions of Regulation (EC) 449/2001, setting out the above criteria, depending on the quality of the materials concerned. In relation to that Regulation, this Royal Decree contains those aspects of the Regulation which have been considered relevant.

Regulation (EC) 449/2001 provides that Member States shall, as appropriate, establish or be able to establish the conditions for recognition and communications which, in each case, are required for processors. and to producer organisations, in order to be able to participate in the abovementioned aid schemes.

In the case of tomatoes, Article 5 (4) of Regulation (EC) No 2201/1996 gives Member States the power to divide the national threshold into two subbumals, one for processing into whole peeled tomatoes and the other for the other authorised products, as a measure of protection of the level of aid to be collected by producer organisations which grow tomatoes for such an elaborate type.

The aid schemes mentioned require a written contract, the model of which provides for the adjustment of the rules governing the type of agri-food product contracts, in accordance with Law 2/2000 of 7 January 2000 on the (a) the type of contract for the type of agri-food product and the Royal Decree 686/2000 of 12 May 2000 approving the Regulation of that Law. The models of the additional clauses for contracts and agreements which producer organisations and individual producers may have to conclude with the producer organisation may also be brought into line with the abovementioned rules.

Due to the high number of productive personnel who may have certain producer organisations that deliver tomatoes, peaches or pears, the possibility that they may submit an application for aid is allowed. anticipated by the quantities delivered before a given date.

finally, the Community rules provide for a number of obligations for producer organisations and processors wishing to participate in any of the aid schemes, and for action to be taken by the Member States. Administrations of the Member States, in respect of which certain concretions are necessary.

The need to complete the European legislation, in the aspects mentioned in the preceding paragraphs, therefore motivates the publication of this Royal Decree, without prejudice to the principle of direct applicability of the Community Regulations.

During the processing of this provision, the Autonomous Communities have been consulted, as well as the representatives of the sectors concerned.

Under its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 12 July 2002,

DISPONGO:

Article 1. Object.

By means of this Royal Decree, certain aspects of the Community aid provided for in Council Regulation (EC) No 2201/1996 of 28 October 1996 establishing the Common Organisation of the European Union (EC) Markets in the processed fruit and vegetable products sector and in Commission Regulation (EC) 449/2001 of 2 March laying down the detailed rules for the application of the above, as regards the aid scheme in question. the sector of products processed from fruit and vegetables.

Article 2. Competent authority.

Applications for the recognition of processors and aid, as well as the communications, information and documents required by Regulation (EC) 449/2001, shall be sent by the producer organisations to the competent authority in the Autonomous Community in which it radiolabelled its registered office, and by the processors to the competent authority in the Autonomous Community in which the factories in which the processing takes place are located. Such bodies shall, in each case, manage the respective applications, as well as the other actions resulting from this Royal Decree.

Article 3. Recognition of transformers.

1. Processors of tomatoes, peaches or pears, who wish to obtain the recognition referred to in Article 3 (1) of Regulation (EC) 449/2001, in order to conclude contracts with producer organisations, shall direct the competent authority a request containing at least the data set out in Annex I to this Royal Decree. It requires the submission of a request for each factory that they have.

2. The processors referred to in the preceding paragraph shall, at the time of submitting their application, justify their processing capacity for the product and type of production concerned for each of their factories. The accreditation of such extremes shall contain at least the data set out in Annex II to this Royal Decree.

3. The submission of the application shall be made:

a) For tomatoes, until December 15, inclusive.

b) For peaches and pears, until 31 May, inclusive.

4. The processors referred to in paragraph 1 who have concluded contracts for the product or type of production concerned shall be exempt from the obligation to submit such application in at least one of the three preceding marketing years. to start.

However, the processors referred to in the preceding paragraph shall communicate, in the form and time limits referred to in the preceding paragraphs, the changes in respect of the recognition they have obtained.

Article 4. Communications to participate in the aid schemes.

1. Processors of dried figs and prunes of Ente and the organizations of producers of tomatoes, pears, peaches, dried figs and dried plums of Ente, who wish to benefit from the aid scheme, in accordance with the provisions of the Article 8 (1) of Regulation (EC) 449/2001 shall communicate it to the competent authority by means of a document containing at least the data set out in Annexes III, IV and V to this Royal Decree.

2. The processors referred to in the preceding paragraph shall, at the time of submitting their communication, justify their capacity for processing the product and type of production concerned for each of their factories. The accreditation of such extremes shall contain at least the data set out in Annex II to this Royal Decree.

3. The presentation of the communications referred to in paragraph 1 shall be made:

a) For tomatoes, until December 15, inclusive.

b) For peaches and pears, until 31 May, inclusive.

c) For dried figs and prunes of Ente, until June 15, inclusive.

4. The processors and producer organisations referred to in paragraph 1 which have participated in the aid scheme, for the product or type of preparation concerned, shall be exempt from the obligation to submit such communication. at least one of the three preceding campaigns in which you are going to start.

However, the processors and producer organisations referred to in the preceding paragraph shall, in the form and time limits referred to in the preceding paragraphs, communicate the changes in relation to the communication that they already have.

Article 5. Tomato subumbrales.

1. In respect of the national fresh tomato threshold, fixed at 1,238,606 tonnes, two subbumbrales are established, one for processing into preserved whole peeled tomatoes and the other for processing into other products of those referred to in paragraphs (f) to (o), except (h), of Article 1 (2) of Regulation (EC) 449/2001.

2. The quantity referred to in paragraph 1 shall be distributed, every three years, between the two subbumbrals, on the basis of the average of the quantities delivered for processing which the aid has received in the three marketing years preceding the the campaign to which the distribution corresponds and for which the required information is available.

Article 6. Contracts.

1. In order to benefit from the Community aid scheme, contracting between the parties shall be by means of a written contract which, where appropriate, contains at least the data and conditions contained in the respective contract models approved by the Ministry of Agriculture, Fisheries and Food.

2. The approval of the said contract, for each product, shall be in accordance with the provisions of Law 2/2000 of 7 January 2000 on the rules governing the types of agri-food products and to Royal Decree 686/2000 of 12 May 2000 approving the Regulation of the aforementioned Law.

3. However, in cases where there is no approved model, the contracts shall contain:

(a) At least the data and conditions required by Regulation (EC) 449/2001.

(b) The criteria to be met by the raw material lots, with the parties being able to establish agreements within the meaning of Article 4 (1) of Regulation (EC) 217/2002.

4. The additional clauses referred to in Article 3 (6) of Regulation (EC) 449/2001 may also be approved by the Ministry of Agriculture, Fisheries and Food.

5. The beneficiaries of the aid, after allocation in each contract of the identification reference, shall submit them, as well as, where appropriate, the additional clauses subscribed to, to the competent authority. That authority shall forward the copies to its addressees within 15 working days of its submission.

Article 7. Advance help.

The producer organisations which have delivered tomatoes, peaches or pears for processing may submit an application for advance aid under the conditions laid down in Article 12 (3) and in the Article 13 (3) of Regulation (EC) 449/2001.

Article 8. Information and communications.

1. Bodies which, in the exercise of their competence, are required to declare the recognition, provided for in Regulation (EC) 2200/1996, to an organisation of producers or those who have issued a final penalty decision on the route (a) the administrative procedure for the exclusion of a producer organisation or a processor from the present aid scheme shall be communicated to the competent authority.

2. The competent authorities shall forward to the Spanish Agricultural Guarantee Fund (FEGA) within seven days of the deadlines referred to in Article 3 (3) and Article 4 (3) of this provision, the following: of recognised processors, as well as those of the other processors and producer organisations which may participate in the aid scheme for each of the products.

3. The FEGA shall keep up-to-date, on the basis of the information received and in accordance with the provisions of the preceding paragraph, the relations of producer organisations and processors which may participate in the aid schemes in each Member State. marketing campaign.

4. For dispatch to the European Commission, the competent authorities shall forward to the FEGA, at least ten days in advance of the dates laid down in Article 23 of Regulation (EC) 449/2001, the information required in paragraphs 2, 3, 4 and 5 of this Regulation. that article.

Single additional disposition. Tomato subumbrales for the 2003/2004 to 2005/2006 marketing years.

By way of derogation from Article 5 (2) of this Royal Decree, for the years 2003/2004 to 2005/2006, the quantities of fresh tomatoes corresponding to each subumbral are as follows:

a) Whole peeled peeled tomatoes: 111,612 tonnes.

b) Other products: 1,126,994 tonnes.

Final disposition first. Competence title.

This Royal Decree is of a basic standard and is dictated in accordance with the provisions of Article 149.1.13. of the Constitution, which attributes exclusive competence to the State in the field of bases and coordination. of the overall planning of economic activity.

Final disposition second. Application and development faculty.

1. The Minister for Agriculture, Fisheries and Food is empowered to adopt, in the field of his powers, the measures necessary for the implementation of this Royal Decree, as well as for the amendment of its Annexes or to include new Annexes which contain at least the data necessary to complete the Community legislation.

2. The Minister for Agriculture, Fisheries and Food is hereby authorized to fix the quantities of each subumbral of tomatoes, in accordance with the terms laid down in Article 5 of this Royal Decree and, where appropriate, to provide for, within the meaning of in the current Community legislation, the application of the system of tomato subbals for one or more campaigns.

3. For each marketing year and for the products it considers, the Minister for Agriculture, Fisheries and Food shall be empowered to adopt, throughout the national territory, the relevant provisions concerning the authorisation referred to in paragraph 2. Article 4 of Regulation (EC) 217/2002, as well as to amend the dates and terms contained in this Royal Decree, in the field of its powers.

Final disposition third. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to July 12, 2002.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

MIGUEL ARIAS CANETE

ANNEX I

Transformer Recognition Request

ANNEX II

Transformation capacity

ANNEX III

Communication to participate in the aid scheme

ANNEX IV

Communication to participate in the aid scheme

ANNEX V

Communication to participate in the aid scheme