Advanced Search

Order Of 11 September 2001 Which Are Developed And Specified Certain Aspects Of Regulation (Ec) 609/2001, Of The Commission Of 28 March, In Connection With The Programs And Operating Funds Of The Organisations Of Producers Of Ruf...

Original Language Title: ORDEN de 11 de septiembre de 2001 por la que se desarrollan y concretan determinados aspectos del Reglamento (CE) 609/2001, de la ComisiĆ³n, de 28 de marzo, en relaciĆ³n con los programas y fondos operativos de las organizaciones de productores de fru...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Commission Regulation (EC) No 609/2001 of 28 March laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational programmes and funds and aid Regulation (EC) No 411/97 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council and operational funds of the fruit and vegetable producer organisations.

It provides, in particular, that Member States may authorise the submission of partial operational programmes by the associations of producer organisations; define the reductions to be applied, where appropriate, to calculate the value of the marketed production at the 'free producer organisation' stage; establish the reference period for the calculation of the value of marketed production; authorise the use of managed financial accounts by the producer organisation for the management of the operational fund; the conditions under which producer organisations can anticipate the contributions of the partners; regulate the authorisation of modifications to the operational programmes during the current year; define the specific costs of production (a) to limit the general expenditure specifically related to the operational programme to actual expenditure; to determine the additional external costs of transport by sea or by rail in return for transport by to contribute to the protection of the environment.

On the other hand, there are aspects that it is appropriate to define for information of the producer organizations such as the concept of collective investments, the modifications to be introduced for later years in the programs operational, the conditions for the inclusion of recyclable or reusable packaging and the reimbursements to be made by those members of organisations, in the programmes which, having made investments in their holdings, cause low in the organisation.

The recent publication of Regulation 609/2001 makes it necessary to supplement the Order of 14 May 1997, which regulates the programmes and operational funds of the fruit and vegetable producer organisations, by this provision.

This, together with the need to have updated rules before the implementation of the operational programmes and their amendments to their implementation from 1 January 2002, justify the urgency of the case, exceptional appeal of the Order to lay down the basic rules.

The Autonomous Communities and the agricultural professional organizations have been consulted in the preparation of the present Order.

In its virtue, I have:

Article 1. Object.

This provision develops and concretely certain aspects of Commission Regulation (EC) 609/2001 of 28 March laying down detailed rules for the application of Council Regulation (EC) No 2200/96 on the with regard to the operational programmes and funds and the Community financial assistance and repealing Regulation (EC) 411/97.

Article 2. Presentation of partial operational programmes by associations of producer organisations.

In order to enable an association of fruit and vegetable producers ' organisations to submit a partial operational programme, in accordance with Article 2 (3) of Commission Regulation (EC) 609/2001 of 28 March 2000, the will need to:

(a) The association is recognised under Article 10 of Royal Decree 430/2000 of 31 March, which regulates the establishment of economic constituencies and the extension of rules in the fruit and vegetables sector.

(b) The content of the programme and the calculation of the contributions of the partners are approved by the general assembly or similar body responsible for the partnership.

(c) The contributions of the member producer organisations of the associations from their operational funds for the financing of the partial operational programme are specified.

(d) Actions included in the partial operational programmes are nominally included in the operational programmes of the producer organisations and the financing of the entire cost of the programmes should be planned. from its operational funds.

Article 3. Deductions from the invoiced value for products that are invoiced at different stages of transformation or supply.

1. The following deductions shall apply to the value of the invoiced production marketed by the producer organisation referred to in the last subparagraph of Article 2 (5) (c) of Regulation (EC) 609/2001

(a) The amount of the transportation costs of packaged goods and prepared for sale paid to third parties listed in the accounts of the entity.

(b) In the case of transport by means of goods which are packaged and prepared for sale, for the purpose of calculating the value of marketed production, for the purposes of complying with Article 2 (5) (c) (iii) Regulation (EC) 609/2001 shall be deducted an amount obtained at a flat rate equivalent to the cost of depreciation and use of those means. The producer organisation shall provide the calculation of this cost, together with the declaration of the value of the marketed production for the calculation of the operational fund.

2. Where producer organisations are located in the Canary Islands and the Balearic Islands, no internal transport costs shall be considered for the purposes of Article 2 (5) (c) (iii) of Regulation (EC) No 609/2001. the one made between the packaging centre and the distribution centre of those organisations when it is located at the exit ports.

3. In the case of recognised organisations for products intended for processing, as referred to in Article 11 (1) (a) (iv) of Council Regulation (EC) No 2200/96 of 28 October 1996 on the establishment of the Common organisation of the market in fruit and vegetables shall be deemed to be the value of the marketed production corresponding to the sale to the processor, without prejudice to the application of Article 2 (5) (d) of Regulation (EC) 609/2001 on aid provided for in Council Regulation (EC) No 2201/96 of 28 June 1996. The Council, acting on a proposal from the Commission, on the proposal for a Council Regulation (EC) on the common organization of the market in processed fruit and vegetables and in Council Regulation (EC) No 2202/96 of 28 October establishing a system of aid for the producers of certain citrus fruits.

Article 4. Calculation of the value of the production marketed by the producer organisation.

The reference period for the calculation of the value of the marketed production referred to in Article 2 (6) of Regulation (EC) 609/2001 shall be 1 July of the second year preceding the application. of the operational programme and 30 June of the year preceding that implementation.

In case of mergers or removals of different producer organisations the value of the marketed production of the resulting organisation shall be the sum of the values of the marketed production for each of the origin organisations, calculated in accordance with the preceding paragraph.

Article 5. Value of marketed production where the value of any product undergoes reductions for reasons other than the producer organisation.

When the value of some or some of the products undergoes a reduction for reasons other than the responsibility and control of the producer organisation, the value of the marketed production shall be calculated in accordance with the rules contained in the preceding Articles, provided that the resulting value is not less than 65 per 100 of the value of the previous reference period.

Where such value is lower than the percentage quoted, the producer organisation may consider the value of that product or products for the marketing year concerned as the value of the product concerned, and for the purposes of applying the fund. operation, corresponding to the average of the two previous campaigns or the previous one in the case of only one of them.

The reasons for the possible decreases in the values of the products shall be documented and may not be due to low partners.

Article 6. Possibility of managing the operational fund through financial accounts other than bank accounts.

The use of audited financial accounts referred to in Article 3 (1) (b) (2) of Regulation (EC) 609/2001 shall be requested by the producer organisation at the time of the presentation of the fund. to be applied in the following year. The use of financial accounts shall imply the commitment of the producer organisation that the audit shall meet the necessary requirements as laid down in Chapter II of Law 19/1988 of 12 July of Audit of Accounts.

Article 7. Conditions of the collective character of the operational programme.

In order for an operational programme to be considered as having a collective character, for the purposes of Article 3 (3) of Regulation 609/2001, it shall be specified that:

a) All actions are open to all associates.

(b) The programme is approved by the competent general assembly or similar body of the producer organisation.

c) In each action a minimum of two partners in producer organisations with twenty partners or less and a minimum of five partners for producer organisations with a number of partners greater than twenty.

(d) At least 80% of the members of the organisation participate in the implementation of at least twenty per cent of the operational programme measured in budgetary terms.

Article 8. Conditions for the producer organisation to pay advances on the contributions of its members to the operational fund.

The advances of the contributions of the members to the operational fund by the producer organisations, as referred to in Article 3 (4) of Regulation (EC) 609/2001, shall be considered as authorised when:

Be agreed by the organization's competent general assembly or similar body.

The organisation informs the competent paying agency of the intention to make such advances.

Article 9. Application and authorisation of amendments to the operational programme for later years.

1. For the approved multiannual operational plans, the following amendments may be requested for subsequent years:

a) Inclusion and deletion of shares, provided that the approved programme is not substantially altered.

b) Inclusion of new investments, concepts of expenditure and deletion of some or some of the planned, as well as changes of location in approved investments.

c) Modify the timetable for the implementation or financing of the approved actions for the total period of implementation of the programme, including the transfer to a subsequent operational programme of the financing of the investments referred to in Article 8 (2) (p) of Regulation (EC) No 609/2001.

d) Modify the number of units of work and the budget of planned investments or spending concepts. The unit of work shall mean the area, capacity or number of units corresponding to the approved investments or expenditure concepts.

e) Method of calculation and setting of the associated quotes.

f) Extension of the duration of the programme without being able to exceed five years from the start.

g) Relevant modification of the programme when substantial changes are made to the market situation or to the producer organisation itself in the opinion of the authority approving the programme.

2. In order for the requested modifications to be authorised they must comply with the following conditions:

(a) The resulting programme after the amendment must maintain the objectives set out in Article 15 (4) (a) of Regulation (EC) 2200/96 and, in a relevant way, the action scheme initially approved.

(b) Approval by the competent general assembly or similar body of the producer organisation.

(c) Compliance with the requirements laid down in Article 15 (4) (b) and (c) of Regulation (EC) 2200/96.

(d) The presentation of the justification for the amendments and the consequences thereof, as provided for in Article 6 (2) of Regulation (EC) No 609/2001.

Article 10. Amendments during the year of implementation of the operational programme.

1. The following modifications may be requested during the year:

a) Implementation of the program only partially, which means that no or all of the investments or spending concepts contemplated in the approved actions will be fully or partially developed, provided that:

With the remaining investments or expenditure concepts the objectives referred to in Article 15 (4) (a) of Regulation (EC) No 2200/96 are obtained.

The measures referred to in Article 15 (4) (b) and the human resources and financial forecasts referred to in Article 15 (4) (c) of Regulation (EC) No 2200/96 shall be maintained.

The modification has been approved by the general assembly or similar body responsible for the producer organization.

b) Modification of the timetable for implementation and/or financing of approved actions for the period of implementation of the programme.

c) Modification of the number of units of work and/or the budget of the intended investments or expenditure concepts. The unit of work shall mean the area, capacity or number of units corresponding to the approved investments or expenditure concepts.

d) Location changes for the planned investments.

e) Amendment of the amount of the approved fund for the financing of withdrawals with the limits specified in Article 6 (3) (c) of Regulation (EC) 609/2001, provided that the amount of the fund is not increased approved operation.

(f) Extension of the duration of the programme without it being able to exceed five years from the start, in which case the application must be made no later than the date referred to in Article 6 (1) of the Regulation (EC) 609/2001, together with the relevant operational fund.

g) The method of calculating and establishing the contributions, if required by the previous amendments.

(h) The beneficiaries referred to in Article 15 (2) of this Order.

i) The approval of new operational programmes in case of mergers or removals of producer organisations with individual programmes and operational funds.

2. In order for the requested modifications to be authorised, the following conditions must be met:

(a) The amendments to points (a), (b), (c), (d), (f), (g) and (h) and (e) that result in a decrease in the amount of withdrawals, as set out in the previous paragraph, may be made without prior authorisation and communication to the body which approved the programme 15 working days before its implementation, with the limit of the date referred to in Article 6 (1) of Regulation (EC) No 609/2001. In the case of point (d), the communication shall be accompanied by a record of the competent bodies of the Autonomous Communities or of the Ministry of Agriculture, Fisheries and Food or of a notarial act, specifying that the works are not started on the corresponding plot.

The producer organisations shall make a summary communication of the amendments referred to in the previous subparagraph, on the date referred to in Article 6 (1) of Regulation (EC) 609/2001. The competent authority shall approve those amendments together with the operational fund of the following year, after having been found to comply with the applicable Community and national rules.

(b) The amendment referred to in point (e) of the previous paragraph, involving an increase in the amount of the withdrawals, shall require prior authorization from the authority which approved the programme to be requested by fax before its date. implementation, specifying, where appropriate, actions whose budget may be reduced.

The authorization will be granted within ten calendar days of receipt of the request. The absence of defence within that period shall mean that it is authorised provided that:

The amount of aid to the approved operational fund for the year in question is respected.

The limits provided for in Articles 15 and 23 of Regulation (EC) No 2200/96 shall be respected.

The reduction, where appropriate, of the implementation of actions shall respect the achievement of the objectives referred to in Article 15 (4) (a) of Regulation (EC) 2200/96 and the financial measures and requirements set out in the (b) and (c) of the same Article.

(c) The implementation of operational programmes of organisations from mergers or removals of other pre-existing organisations, as referred to in point (i) of the previous paragraph, shall require prior approval of the programme resulting from the merger or absorption by the competent authority.

Article 11. Specific costs of experimental production.

Experimental production as an action of the operational programme can only be approved in so far as a protocol of experimentation is presented and qualified personnel are available. Independently of this, the expenditure in question may not amount to more than 30% of the amount of the operational fund each year, except in the case of associations of producer organisations or joint actions of organisations of producers in which no limit is set.

The following eligible expenses may be allowed:

a) Investments in facilities or pilot farms.

b) Qualified personnel dedicated to the line exclusively or justified with time control.

c) Non-fungible laboratory material.

d) Foreign contracting with research centers.

e) Acquisition of seeds or plants that are the object of experimentation.

(f) Other expenditure according to the characteristics of the experimental action and the degree of innovation and the risk involved.

Article 12. General expenses specifically related to the fund or operational programme.

The producer organisation may consider as general expenses, in accordance with Article 8 (2) (c) of Regulation (EC) 609/2001, up to two per cent of the operational fund and to be achieved without justification. specifies, the figure of 180,000 euros.

Article 13. Transport by rail or sea as an alternative to road transport.

The inclusion of additional external costs arising from the completion of maritime or rail transport in place of road transport as referred to in Article 8 (2) (f) of the Regulation (EC) 609/2001, shall be conditional on the justification for the performance of road transport in previous marketing years.

Article 14. Provisions to obtain reimbursement of investment in individual holdings if the affiliate causes low in the organization.

When an operational programme contains proposals for investments or measures on the individual holdings of its partners, it shall be required for the approval of the submission and acceptance by the competent authority, of an agreement of its general assembly or equivalent body in which the appropriate provisions are adopted to obtain the reimbursement of the investment or its value in the event that an affiliate causes a low in the organization. The amount of the reimbursement shall be based on the period of amortisation of the investment, with a maximum of eight years and the difference between that period and the period of stay of the partner in the organisation.

The producer organisation shall inform the competent authority of the reimbursement made pursuant to the preceding subparagraph for the purposes of complying with Article 8 (2) (o) (iii). of Regulation 609/2001.

Article 15. Identification of parcels and beneficiaries corresponding to common investments or measures in individual holdings.

1. Producer organisations shall provide, at the latest at the time of the submission of

the application for approval of the operational fund for the year beginning on the first of January following, the cadastral identification of the plots in which the investments are to be made, in case of joint investments of the organisation, as in the case of measures to improve individual holdings.

2. In the case of measures for the improvement of individual holdings, producer organisations shall indicate the beneficiaries of the same by name, DNI or NIF and social reason at the time of submission of the application.

3. Where the scope of the organisations is higher than that of an Autonomous Community, the competent authority for the approval of the programme and its amendments shall communicate the content of the approved programme to the Community or Autonomous Communities in where common investments or measures are to be carried out on individual holdings.

Article 16. Use of recyclable or reusable packaging.

To ensure the conformity of the objectives of the programmes with the provisions of Article 15 (4) of Regulation (EC) 2200/96, as referred to in Article 5 (2) (b) of Regulation (EC) 609/2001, the budget provided for the use of recyclable or reusable packaging shall not exceed thirty-five per cent of the amount of the operational fund each year.

The recyclable feature must be guaranteed by registration number in a competent public body or by a specialist centre report. This guarantee must be attached to the invoices justifying the investment in the aid application.

Single additional disposition. Competence title.

This Order is issued under Article 149.1.13.a of the Constitution, which confers exclusive competence on the State on the basis and coordination of the general planning of economic activity.

Single transient arrangement. Adaptation of running operational programs.

Producer organisations with operational programmes approved before the entry into force of this Order and which continue to apply in 2001, shall request the amendments necessary to comply with the Regulation. 609/2001, within the time limit laid down in Article 19 (a) thereof.

However, those organizations that wish to continue with the approved Programs, as soon as they do not object to Regulation 609/2001, will be able to execute the program without modification in the terms in which they are approved.

Repeal provision.

The provisions set out in the Order of 14 May 1997, which regulate the operational programmes and funds of fruit and vegetable producer organisations, are hereby repealed as soon as they are contrary to the provisions of the This Order.

Final disposition first. Submission of applications in 2001.

For the year 2001, in accordance with Articles 4 and 6.1 of Regulation 609/2001, the applications referred to in those Articles may be submitted until 28 September, including.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State and shall apply to the programmes and their amendments and to the operational funds which are submitted for implementation from the of 1 January 2002.

Madrid, 11 September 2001.

CANETE ARIAS