regulations, 2003

L.N. 390 of 2003

AGRICULTURE AND FISHING INDUSTRIES

(FINANCIAL ASSISTANCE) ACT

(CAP. 146)

Approval of processors in the Product Processing Sector

regulations, 2003

IN exercise of the powers conferred by article 7 of the Agriculture

and Fishing Industries (Financial Assistance) Act, the Minister for Rural

Affairs and the Environment has made the following regulations>–

(1) The title of these regulations is the Approval of processors Title and scope.

in the Product Processing Sector regulations, 2003.

(2) The scope of these regulations is to lay down the terms

of reference, requirements and competences for the provision of financial

aid to qualifying fruit and vegetable farmers and processors.

Processed products covered by the common organization of the markets in

processed fruit and vegetable products

(a) Peeled tomatoes, whole or in pieces, frozen, covered by CN code ex 0710

80 70 of Annex I of EC Regulation 2201#1996.

(b) Tomato flakes covered by CN code ex 0712 90 30 of Annex I of EC

Regulation 2201#1996

(c) Peeled tomatoes, whole or in pieces, covered by CN code ex 2002 10 10 of

Annex I of EC Regulation 2201#1996.

(d) Unpeeled tomatoes, whole or in pieces covered by CN code ex 2002 10 90

of Annex I of EC Regulation 2201#1996.

(e) Tomato juice (including passata) covered by CN codes ex 2002 90 11, ex

2002 90 19, 2009 50 10 and 2009 50 90 of Annex I of EC Regulation 2201#1996.

(f) (i) Tomato concentrate covered by CN codes ex 2002 90 31, ex 2002 90

39, ex 2002 90 91 and ex 2002 90 99 of Annex I of EC Regulation 2201#1996.

(ii) Kunserva> a typical Maltese tomato spread prepared from the

concentration of fresh tomatoes, after the removal of skins and seeds, and the addition

of sugar and natural salt. It has the consistency of a paste with good spread able properties

with a bright yellowish red colour and a characteristic sweet#acid tomato flavours.

(g) Williams and Rocha pears covered by CN codes ex 2008 40 51, ex 2008 40

59, 2008 40 71, ex 2008 40 79, ex 2008 40 91 and ex 2008 40 99 of Annex I of EC

Regulation 2201#1996.

(h) Peaches in syrup and#or in natural fruit juice covered by CN codes ex 2008

70 61, ex 2008 70 69, ex 2008 70 71, ex 2008 70 79, ex 2008 70 92, ex 2008 70 94 and

ex 2008 70 99 of Annex I of EC Regulation 2201#1996.

(i) Mixtures of fruit, whole or in pieces, in syrup or in natural fruit juice containing

at least [60%] peaches and pears covered by CN codes ex 2008 92 and ex 2008 99 of

Annex I of EC Regulation 2201#1996.

Finished products

1. peaches in syrup and#or in natural fruit juice> whole peaches or pieces of

peaches, without peel, having undergone a heat treatment, packed in hermetically sealed

containers with a covering liquid of sugar syrup or natural fruit juice and falling within

CN codes ex 2008 70 61, ex 2008 70 69, ex 2008 70 71, ex 2008 70 79, ex 2008 70 92,

ex 2008 70 94 and ex 2008 70 99 of Annex I of EC Regulation 2201#1996<

2. pears in syrup and#or in natural fruit juice> pears of the Williams or Rocha

varieties, whole or in pieces, without peel, having undergone a heat treatment, packed

in hermetically sealed containers with a covering liquid of sugar syrup or natural fruit

juice and falling within CN codes ex 2008 40 51, ex 2008 40 59, 2008 40 71, ex 2008

40 79, ex 2008 40 91 and ex 2008 40 99 of Annex I of EC Regulation 2201#1996<

3. mixed fruit> mixtures of fruit, whole or in pieces, without peel, having

undergone a heat treatment, with a covering liquid of sugar syrup or natural fruit juice,

packed in hermetically sealed containers in which the drained net weight of peaches

and Williams and Rocha pears accounts for at least 60 % of the total net drained weight,

falling within CN codes ex 2008 92 and ex 2008 99 of Annex I of EC Regulation

2201#1996, and made directly from fresh peaches and#or Williams and Rocha pears

delivered during the periods indicated in regulation 3(2)(b) and (c)<

4. prunes> prunes obtained from dried “d’Ente” plums which have been suitably

treated or processed and are packed in appropriate containers, falling within CN code

ex 0813 20 00 of Annex I of EC Regulation 2201#1996 and ready to be offered for

human consumption<

5. dried figs> dried figs, including fig paste, which have been suitably treated or

processed and are packed in appropriate containers, falling within CN code ex 0804 20

90 of Annex I of EC Regulation 2201#1996 and ready to be offered for human

consumption<

6. whole peeled quick-frozen tomatoes> peeled tomatoes of the oblong varieties,

frozen, packed in appropriate containers and falling within CN code ex 0710 80 70 of

Annex I of EC Regulation 2201#1996, where not less than 90 % of the net weight of

the tomatoes consists of whole tomatoes not showing any damage which substantially

alters their appearance. That percentage shall be determined after the tomatoes have

been thawed<

7. non-whole peeled quick-frozen tomatoes> pieces of peeled tomatoes of the

oblong varieties, or round varieties which are as easy to peel as the oblong varieties,

frozen, packed in appropriate containers and falling within CN code ex 0710 80 70 of

Annex I of EC Regulation 2201#1996<

8. whole peeled preserved tomatoes> peeled tomatoes of the oblong varieties,

having undergone a heat treatment, packed in hermetically sealed containers and falling

within CN code ex 2002 10 10 of Annex I of EC Regulation 2201#1996, where not less

than 65 % of the weight of the drained tomatoes consists of whole tomatoes which do

not show damage which substantially alters their appearance<

9. non-whole peeled preserved tomatoes> peeled tomatoes in pieces or partially

crushed, of the oblong varieties, or round varieties which are as easy to peel as the

oblong varieties, having undergone a heat treatment, packed in hermetically sealed

containers and falling within CN code ex 2002 10 10 of Annex I of EC Regulation

2201#1996.. Where these products are to be used to make the products indicated at

point 15, they shall be packed in appropriate containers<

10. tomato flakes> flakes obtained by drying tomatoes cut into slivers or small

cubes, packed in appropriate containers and falling within CN code ex 0712 90 30 of

Annex I of EC Regulation 2201#1996<

11. tomato juice> juice obtained directly from fresh tomatoes and strained free

from skins, pips and other coarse parts, having a dry-matter content, where applicable

after concentration, of less than 12 %, packed in hermetically sealed containers and

falling within CN codes ex 2002 90 11, ex 2002 90 19, 2009 50 10 and 2009 50 90 of

Annex I of EC Regulation 2201#1996. Juice with a dry-matter content of at least 7 %

may however contain skin and pips constituting up to 4 % by weight of the Product.

Where these products are to be used to make the products indicated at point 15, they

shall be packed in appropriate containers<

12. tomato concentrate> the product obtained by concentrating tomato juice,

packed in appropriate containers, having a dry-matter content of 12 % or more and

falling within CN codes ex 2002 90 31, ex 2002 90 39, ex 2002 90 91 and ex 2002 90

99 of Annex I of EC Regulation 2201#1996. Concentrate having a dry-matter content

of not more than 18 % or of between 18 and 24 % may contain not more than 4 % or 7

%, respectively, skin and pips by weight of product prepared as follows>

100 kg tomato juice<

2 - 4 kg sugar<

0.5 - 1 kg salt.

The juice is obtained from selected fresh tomatoes, by washing and straining so

as to free them from skins, seeds and other coarse parts. This juice is then mixed with

sugar and salt and concentrated to a brix reference of 28 - 34. The product is then

packed in hermetically sealed containers.

13. kunserva> the product is obtained from concentrated tomato juice, sugar

and salt having a dry matter content of between 28 and 34%. Kunserva shall be prepared

as follows>

100 kg tomato juice<

2 - 5 kg sugar<

0.5 - 1 kg salt.

The product is then packed in hermetically sealed containers.

14. whole unpeeled preserved tomatoes> whole unpeeled tomatoes of the oblong

or round varieties, having undergone a heat treatment, packed in hermetically sealed

containers, lightly brined (tomatoes in brine) or in tomato purÈe (tomatoes in purÈe or

in juice), where not less than 65 % of the weight of the drained tomatoes consists of

whole tomatoes not showing any damage which substantially alters their appearance,

and falling within CN code ex 20 02 10 90 of Annex I of EC Regulation 2201#1996.

Where these products are to be used to make the products indicated at point 15, they

shall be packed in appropriate containers<

15. non-whole unpeeled preserved tomatoes> tomatoes in pieces or partially

crushed, of the oblong or round varieties, having been slightly strained, whether or not

slightly concentrated, packed in hermetically sealed containers, with a dry-matter content

of between 4,5 % and 14 %, containing skin within the limits laid down in Commission

Regulation (EC) No 1764#86(13), and falling within CN code ex 2002 10 90 of Annex

I of EC Regulation 2201#1996. Where these products are to be used to make the products

indicated at point 15, they shall be packed in appropriate containers<

16. prepared sauces> tomato-based preparations obtained by mixing one of the

products referred to at points 9, 11, 12, 12A, 13 or 14 above with other products of

plant or animal origin except fresh tomatoes, having undergone a heat treatment, packed

in hermetically sealed containers where the net weight of the products referred to at

points 9, 11, 12, 12A, 13 or 14 accounts for at least 60 % of the total net weight of the

prepared sauce. These products must be made during the period indicated in regulation

3(2) in the same establishment as the products used referred to at points 9, 11, 12, 12A,

13 or 14<

17. sugar syrup> a liquid in which water is combined with sugars and which has

a total sugar content determined after homogenisation of not less than 10∞ Brix when

used to cover fruits in syrup<

18. natural fruit juice> a covering liquid with a minimum of 9,5∞ Brix, consisting

solely of fermentable but unfermented juice extracted mechanically from fruit, or of

juice obtained from concentrated fruit juice by the restoration of the proportion of

water extracted during concentration, as defined in European Union Council Directive

2001#112#EC(14), without added sugar.

B

B

B

B

B

B

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2)

3)

B

B

B

B

(1)

In these regulations, unless the context otherwise Interpretation.

requires –

“agricultural parcel” means a continuous area of land on which

a single crop is raised by a single farmer<

“Aid Scheme” means the aid scheme provided for in EC

Regulation 1535#03<

“commercial partnership” means any commercial partnership

registered under the Companies Act<

“competent authority” means the Department of Agriculture

within the Ministry responsible for agriculture or any other

equivalent body appointed by the Minister<

“contract” means a contract as defined under regulation 7 of

these regulations<

“co-operative” means a co-operative society registered under

the Co-operative Societies Act<

“Director” means the Director of the Department of

Agriculture<

“finished product” means the list of products under the heading

of finished products in Schedule I to these regulations<

“individual producer” means any natural or legal person not

forming part of a producer organisation and growing tomatoes on

their holding intended for processing and to be registered within

the IACS System< farmers who are members of existing co-

operatives growing tomatoes on their holdings intended for

processing and which are registered with the IACS System and

which have not yet been recognised as producer organisations shall

also be considered as individual producers<

“Integrated Administration Control System” or “IACS

System” or “IACS” means the Integrated Administration Control

System within the Ministry responsible for agriculture<

“Member State” means any Member State of the European

Union<

“Minister” means the Minister responsible for agriculture<

“Parcel Identification System” means the reference data and

agricultural parcel provided for in the land parcel identification

system and adopted by the payment agency within the IACS

System<

“Permanent Secretary” means the Permanent Secretary within

the Ministry responsible for agriculture<

“processor” means any natural or legal person operating, for

commercial purposes and on their own responsibility, one or more

plants with facilities for manufacturing one or more of the products

listed in Schedule I having obtained approval in accordance with

these regulations<

“producer” means either the individual producer or the

producer organisation<

“producer organisation” means an organisation being a

voluntary, legally constituted body of producers, producing

tomatoes, peaches, pears, prunes and#or dried figs or of persons

engaged in the agricultural production thereof acting together to

produce, store, package and, or market their produce and who have

been duly recognised and met the requirements of accreditation<

such recognition and accreditation requirements of the producer

organisations shall be laid down by the Minister<

“product” means the list of products in Schedule I to these

regulations<

“quantity” means the quantity expressed as net weight in

kilograms unless otherwise indicated<

“raw material” means tomatoes, peaches, pears, prunes and#or

dried figs.

(1) Any person intending to be registered as a processor shall Approval of

processors.

submit an application to the competent authority for approval, hereinafter

referred to as the approval application.

(2) The approval application shall contain detailed

information about the processing activity of the applicant, the number

of processing plants to be utilised for processing by the applicant and

their exact location, as well as an undertaking by the applicant to respect

and, where necessary, implement any obligations or requirements that

may be imposed from time to time in virtue of any European Union and

Maltese regulations.

(3) In addition to the requirements laid down in sub-

regulation (2) hereof, the competent authority shall require that the

documentation listed hereunder shall be submitted by the applicant

together with the approval application>

(a) the indication of the quantity and type of product that

will primarily be used by the applicant for the purposes of

manufacturing the finished products<

(b) detailed plans indicating the number of establishments

showing the layout of each establishment and the processing plant

or plants therein<

(c) a declaration by the applicant as to the labour capacity,

of each establishment to be utilised by the applicant for processing,

both within and outside of normal working hours<

(d) a declaration by the applicant as to the production

capacity of each and every production line within the establishment,

both within and outside normal working hours<

(e) a banker’s reference confirming the financial good

standing or the audited accounts of the applicant for the last

financial year<

(f) if the applicant is a commercial partnership or a co-

operative, its memorandum and articles of association, statute or

other act of constitution<

(g) if the applicant is a commercial partnership or a co-

operative, a certified true copy of its certificate of registration with

the Registry of Companies or with the Board of Co-operatives, as

the case may be<

(h) certified true copies of all valid operating licences

required by law including, but not limited to, all licences issued by

the sanitary authorities<

(i) a declaration by the applicant that before the 31st of

December of the year of submission by the applicant of the approval

application in respect of processing of tomatoes and before the

30th of April of the year following the year of submission of the

approval application in respect of the processing of peaches, pears,

prunes and dried figs, the said applicant intends to participate in

the Aid Scheme and to adhere to all conditions imposed in virtue

of participation by the applicant in the said Aid Scheme< and

(j) any additional documentation required to be submitted

together with the approval application, as the competent authority

may communicate from time to time.

(4) The approval application together with the additional

documentation requested in terms of sub-regulation (3) hereof shall be

submitted to the competent authority for its approval by not later than

the 12th December of the year preceding the year in which the intended

processing of the products by the applicant is to commence, or by such

other time limit which the competent authority may establish by notice

in the Gazette.

(5) In order to ensure that any requirements relative to the

approval application have been met, the competent authority may at its

discretion carry out on-the-spot checks on the establishment or on any

processing plant of the applicant and furthermore request clarification

and verification of any document or request additional documentation.

(6) Once the competent authority is satisfied that all its the

requirements in relation to the approval application have been met, it

shall grant its approval to the applicant and inform the Permanent

Secretary that the applicant is to be registered as a processor in the

Register of Processors.

(7) If the competent authority is not satisfied that all its

requirements in relation to the approval application have been met, it

shall have the right to refuse the granting of approval to the applicant.

Nevertheless the applicant shall have until the date communicated in

sub-regulation (4) hereof to satisfy all requirements and to re-submit

the approval application to the competent authority.

(8) The processor shall notify the competent authority of

any changes in relation to the requirements imposed by the competent

authority by virtue of sub-regulations (2) and (3) hereof within ten days

of occurrence of such change together with any related documentation>

Provided that in the case of any modification carried out to

the processing plant which may result in a change in the labour capacity

of the processing plant, such notification shall be notified to the

competent authority along with any related documentation including,

but not limited to, updated plans of the processing plant, within 15 days

of completion of such modifications.

(1) The competent authority shall carry out controls, Controls.

according to the plan of controls accepted and approved by the Director

and based upon the criteria required under article 3 hereof.

(2) The competent authority shall, prior to the control of an

establishment wherein processing will be carried out, issue authorisation

on an individual and case by case basis to its officer or officers carrying

out the control on each establishment to>–

(a) enter the land and premises involved in the production

and processing of the products to be manufactured<

(b) request information in a written or oral form related to

the object of control<

(c) inspect all the documents related to the object of control,

including but not limited to all books of accounts, and VAT

documentation.

(1) Once the competent authority has approved the approval Register of

Processors.

application as provided for in regulation 3, the competent authority shall

duly inform the Permanent Secretary who shall, before the 31st

December of each year, publish in the Gazette the list of approved

processors entered into the Register of Processors.

(2) From the date of publication of the Register of Processors

as provided for in sub-regulation (1) hereof, any processor whose name

is published in the Register of processors may participate in the Aid

Scheme.

(3) The maintenance of the Register of Processors shall be

the competence of the Permanent Secretary, who shall have the

administrative power to regulate>

(a) the entry of processors in the Register of Processors

provided for in regulation 3 hereof>

(b) the deletion of processors from the Register of

Processors<

(c) any sanction against processors as provided for by any

regulation issued by the European Union.

(4) If a processor fails to satisfy the criteria for approval

under regulation 3, the Permanent Secretary shall remove such processor

from the Register of Processors.

(1) The marketing years of the finished products are

established in the following periods>

(a) from the 15th of June to the 14th of June of the following

year in respect of products processed from tomatoes and products

processed from peaches<

(b) from the 15th of July to the 14th of July of the following

year in respect of products processed from pears<

(c) from the 1st of August to the 31st of July of the following

year in respect of dried figs<

(d) from the 15th of August to the 14th of August of the

following year in respect of prunes.

(2) Furthermore, any application to participate in the Aid

Scheme shall only be granted to processors in respect of raw materials

delivered to the processors’ industry in the following delivery periods>

(a) for tomatoes, between the 15th of June and the 15th of

November of the same calendar year<

(b) for peaches, between the 15th of June and the 25th of

October of the same calendar year<

(c) for pears, between the 15th of July and the 15th of

December of the same calendar year<

(d) for dried figs, between the 1st of August and the 15th of

June of the following calendar year<

(e) for prunes obtained from d’Ente plums, between the 15th

of August and the 15th of January of the following calendar year.

(1) In order to participate in the Aid Scheme the processor Approved contracts.

shall first have entered into a written contract with one or more producers

for the processing of the products to be supplied to the processor by the

producers, hereinafter referred to as the contract, which shall take one of

the following forms>

(a) a contract between an individual producer or a producer

organisation and a processor for the processing of tomatoes<

(b) a contract between a producer organisation and a

processor for the processing of peaches, pears, prunes and dried

figs<

(c) a commitment to supply, where the producer also acts

as a processor.

(2) In order to participate in the Aid Scheme the processor

must submit the contract to the competent authority for its approval.

(3) When the competent authority approves a contract,

giving due consideration to the conditions imposed in relation to

contracts in this regulation, the competent authority shall assign to it an

identification number to be inserted on the IACS System.

(4) Only one contract may be signed each calendar year>

(a) between an individual producer or a producer

organisation and a processor in respect of tomatoes< and

(b) between a producer organisation and a processor in

respect of tomatoes, peaches, pears, prunes and dried figs.

(5) In order that a contract may be submitted to the

competent authority for its approval such contract shall be signed by

not later than>

(a) the 10th March, in respect of the processing of tomatoes<

(b) the 15th July, or seven working days before deliveries

are to commence, in respect of the processing of peaches<

(c) the 31st July, or seven working days before deliveries

are to commence, in respect of the processing of pears<

(d) before the start of the marketing year, in respect of prunes

and dried figs.

(6) In order that a Contract may be submitted to the

competent authority for approval, such contract shall contain the

following minimum requirements>

(a) (i) in the case of processing of tomatoes, the name and

address of the individual producer or the name and address of the

producer organisation<

(ii) in the case of processing of peaches, pears, prunes and#or

dried figs, the name and address of the producer organisation<

(b) the name and address of the processor<

(c) the quantities of the raw materials to be delivered for

processing<

(d) a declaration obliging the processor to process the

quantities delivered under the contract concerned into one of the

products and to meet the standards laid down in accordance with

regulation 11<

(e) the price to be paid by the processor to the producer for

the raw materials which may vary depending on variety and, or

quality and, or the delivery period<

(f) the compensation payable if either the processor or the

producer fails to fulfil their contractual obligations, in particular

as regards payment deadlines and the obligation to deliver and

accept the quantities covered by the contract>

Provided that in the case of tomatoes, peaches and pears, the

contract shall also indicate the delivery stage to which the price

referred to in paragraph (e) hereof applies and the terms of payment.

Nevertheless any payment deadline shall not exceed two months

from the end of the delivery period as outlined in regulation 6 (2).

Provided that only in the case of prunes and dried figs, the

amendments to the contract provided for in regulation 8 hereof,

shall not include, in particular but not limited to, costs connected

with packing, loading, transport, unloading and the payment of

taxes, which shall, where applicable, be indicated separately.

(7) Contracts shall specify the minimum price set by the

European Commission.

(8) The competent authority may adopt additional

requirements in relation to contracts>

Provided that such requirements shall be communicated to

the stakeholders by no later than the end of December of the preceding

year of each marketing year.

(1) The Permanent Secretary shall set up a permanent The Working

Group.

working group in order to harmonise and monitor the market”s

requirements established by the European Commission.

(2) The working group shall be composed of each of the

processors represented in the Register of processors provided for in

regulation 5 of these regulations, by the Permanent Secretary, a

representative of the competent authority, a representative of the

individual producers and one representative from each of the different

types of producer organisations, that is to say one representative in

respect of tomatoes, peaches, pears, and of prunes and dried figs.

(1) The parties shall be allowed to increase the quantities Amendments to

quantities.

originally stipulated in a processing contract by means of a written

amendment as provided for in Schedule II to these regulations.

(2) Such amendments shall show the identification number

of the contract to which they relate, and shall be signed no later than>

(a) the 15th of August of the same calendar year that the

contract was entered into in respect of peaches<

(b) the 15th of September of the same calendar year that

the contract was entered into in respect of tomatoes and pears<

(c) the 15th of November of the same calendar year that the

contract was entered into in respect of prunes obtained from d’Ente

plums and dried figs.

(3) The amendments referred to in sub-regulation (1) hereof

may allow for an increase in the quantity originally stipulated in the

contract of no more than thirty percent (30 %).

(4) The price of the additional quantity laid down in the

amendment may differ from the price referred to paragraph (e) of sub-

regulation (6) of regulation 7.

(1) In the case of a contract which is a commitment to supply

as provided for in paragraph (c) of sub-regulation (1) of regulation 7,

such contract shall contain the following particulars to the satisfaction

of the competent authority, in addition to the requirements provided for

in regulation 7 of these regulations>

(a) the name and address of each Producer and#or Processor

and the reference data and areas of the agricultural parcels on which

each producer and#or processor cultivates the raw materials<

(b) the estimated total harvest for that year<

(c)

the quantity intended for processing<

(d) a declaration by the producer undertaking to process

the quantities delivered under the contract in question.

(2) This information shall be sent before the 31st May in

the case of contracts in respect of tomatoes and within the time limit

laid down in sub-regulation (2) of regulation 11 for contracts in respect

of peaches, prunes, pears or dried figs. After that date, the competent

authority may, for duly justified reasons, authorize the addition of

agricultural parcels not previously declared or a change in their original

use. Such addition or changes shall be communicated in writing to the

IACS by the 30th June.

(1) In respect of contracts under regulation 7 between a

processor and producer for the processing of tomatoes, peaches, pears,

prunes and dried figs, such contracts shall be forwarded by the processor

along with any amendments thereto to the competent authority.

(2) Nevertheless, the total quantity covered by all the

contracts signed between a processor and a producer may not exceed,

per product, the quantity intended for processing indicated by that

producer in the contract as provided for under regulations 7 and 12 of

these regulations.

(3) The producer must furnish the competent authority with

copies of the contracts referred to in sub-regulation (1) above, and such

contracts must reach the competent authority by not later than ten

working days after the conclusion of the contract or amendment thereto

or by not later than five working days before the start of deliveries

under the contract or amendment, whichever date is earlier.

(1) The producer upon signing any contract as provided Obligations of

producers signing

for in regulation 7 in respect of tomatoes, peaches or pears, shall forward contracts.

the following information to the competent authority referred to in

regulation 9, broken down by product or raw material>

(a) the name and address of each producer party to the

contract<

(b) the reference data and areas of the agricultural parcels

on which each producer cultivates the raw materials<

(c)

the estimated total harvest for that year<

(d) the quantity of raw materials to be supplied to the

processor for processing<

(e) in the case a contract for tomatoes, the average annual

yields per hectare.

(2) The reference data and areas of agricultural parcels

referred to in regulation 10 and regulation 12 shall refer to the Parcel

Identification System.

(1) At least eight working days before the start of deliveries Notification of

contractual

or processing within each marketing year, each processor participating deliveries or

in the Aid Scheme shall notify the competent authority as to the date in processing.

which contractual deliveries or processing is to commence.

(2) The processor shall be deemed to have discharged the

obligation under sub-regulation (1) hereof where they provide proof to

the competent authority that they have forwarded this information at

least eight working days before commencement of contractual deliveries

or processing>

Provided that in exceptional and duly justified cases, the

competent authority may at its discretion accept notifications, as

provided for in Schedule V hereto from processors after the time limit

herein mentioned.

Provided further that in such cases, no aid granted under the

Aid Scheme shall be granted for quantities already delivered or in the

course of delivery unless the checks needed to establish eligibility for

aid can be conducted to the satisfaction of the mentioned competent

authority.

(3) The producer shall ensure that any raw materials

delivered to processors in virtue of the contracts provided for under

regulation 7 shall be of sound and fair marketing quality and suitable

for processing.

(1) Use of weighting shall be acceptable to the competent

authority under the conditions and in line with the spirit of European

Union Regulation No 1535#2003.

(2) Every processor who has entered into a contract with a

producer in respect of tomatoes, peaches or pears, shall by not later

than the 1st of February of each year furnish the competent authority

with the following information>–

(a) the quantity of the raw materials, according to type,

processed into the finished products, broken down according to>

(i) the quantities of each type of raw material received

by the processor under the contract<

(ii) the quantities of each type of raw material received

by the processor from any person, not covered by the contract<

(b) the quantity of finished products obtained from the

quantities of each type of raw material, as provided for in paragraph

(a) hereof<

(c) the quantity of finished products still held in stock by

the processor at the end of the previous marketing year.

(3) In addition to the requirements in sub-regulation (2)

hereof, every processor who has entered into a contract with a producer

in respect of tomatoes shall by not later than the 1st of February of each

year, furnish the competent authority with the following additional

information>

(a) the quantity of tomato concentrate obtained from the

quantities provided for under paragraph (a) of sub-regulation (2)

of this regulation, and the quantity still held in stock by the

processor at the end of the previous marketing year and further

distinguishing whether the quantities of tomatoes processed to make

tomato concentrate were received under contract or not<

(b) the quantity of whole peeled preserved tomatoes

obtained from the quantities provided for under paragraph (a) of

sub-regulation (2) of this regulation, and the quantity still held in

stock by the processor at the end of the previous marketing year,

further distinguishing whether the quantities of tomatoes processed

to make tomato concentrate the whole peeled preserved tomatoes

were received under contract or not<

(c) the quantity of any other processed tomato products, to

be indicated separately, obtained from the quantities provided for

under paragraph (a) of sub-regulation (2) of this regulation, and

the quantity still held in stock by the processor at the end of the

previous marketing year and further distinguishing whether the

quantities of tomatoes in the processing to make tomato concentrate

were received under contract or not>

Provided that the quantity of processed tomato products held

by the processor in stock shall further be classified according to

the quantity sold and the quantity unsold by the end of the previous

marketing year<

Provided further that in respect of paragraph (b) of this sub-

regulation, the quantities of tomato juice and tomato concentrate

added shall also be furnished to the competent authority.

(4) The notifications under sub-regulations (2) and (3)

hereof shall state separately the quantities of finished products as referred

to in Schedule I in points (1), (2), (9), (11), (12), (13) and (14) used to

manufacture the products referred to in points (3) and (15) of the said

Schedule I.

(5) The notifications referred to in paragraph (b) of sub-

regulation (2) of this regulation shall state separately the quantities of

finished products as referred to in Schedule I in points (3) and (15)

obtained, broken down according to the products used as referred to in

points (1), (2), (9), (11), (12), (13) and (14) of the said Schedule.

(6) Every processor who has entered into a contract with a

producer in respect of prunes or dried figs, shall by not later than the

15th of March of each year furnish the competent authority with the

following information>

(a) the quantity of each raw material used at 1st May

(forthcoming or previous year)<

(b) the quantity of finished products obtained from each

raw material, classified according to the following>

(i) products for which aid is to be paid under the Aid

Scheme<

(ii) products for which no aid is to be paid under the

Aid Scheme<

(iii) By quality class<

(c) the quantity of finished products referred to in paragraphs

(a) and (b) of this sub-regulation in stock on the 1st May.

(1) A delivery certificate as provided for in Schedule IV

shall be issued by the producer for each consignment of tomatoes,

peaches and pears delivered under contract and accepted for processing

at the processing plant by the processor.

(2) The delivery certificate provided for in sub-regulation

(1) hereof shall specify>

(a)

the date and time of unloading<

(b) the identification of the means of transport used<

(c) the identification number of the contract to which the

consignment relates<

(d) the weight<

(e) where applicable, the rate of reduction calculated in

accordance with sub-regulation (3) of regulation 2 of Regulation

(EC) No. 217#2002<

(f) at the end of the delivery period provided for in sub-

regulation (2) of regulation 6, each processor shall furnish to the

competent authority, the entire list of delivery certificates per

producer specifying the gross weight and net weight for each

consignment and date of various related deliveries>

Provided that with regard to paragraph (e) of sub-regulation

(2) hereof, the price to be paid by the processor on the one hand,

and the unit amount of production aid to be issued under the Aid

Scheme on the other, shall apply to the net weight delivered once

the reduction rate has been applied with the exclusion of the

following defects from the calculated net weight>

(a)

in the case of tomatoes, peaches and pears>

(i) foreign matter, where foreign matter is

considered to be anything other than the fruit itself. Foreign

matter includes above all plant debris (leaves, twigs, grass,

etc.), mineral matter (earth, gravel, stones, etc.) and

miscellaneous debris<

(ii) diseased, rotten or wormy fruit, where fruit is

attacked by disease, insects or a rotting agent over an area

more than 30 mm in diameter, extending into the fruit<

(b) in addition, in the case of tomatoes>

(i) green tomatoes, where for the purposes hereof,

green tomatoes mean healthy tomatoes which have not

reached maturity and are completely or partly green on the

outside. The colour inside the fruit is not taken into account<

(c)

in addition, in the case of peaches and pears>

(i) sizing defects, where for the purposes hereof, the

size is less than the minimum size of 55 mm in diameter,

(ii) ripeness where for the purposes hereof, both under-

ripe or over-ripe fruits are defective. The degree of ripeness

is measured and compared to a scale of limit values fixed by

the contracting parties,

(iii) hail damage penetrating the skin, covering more

than twenty percent (20 %) of the surface of the fruit<

(d) in addition, in the case of peaches, visible split pits,

where, for the purposes hereof, a pit whose two halves have

separated and is visible between the peach halves at the stem end,

shall be considered a split pit.

(3) The permanent working group provided for in regulation

8 shall agree to reduce the limit fixed in paragraph (c) of sub-regulation

(2) hereof and#or to define defects in addition with exclusion of tomatoes.

(4) Delivery certificates, as provided for in sub-regulation

(1) hereof shall be signed by the processors or their representatives on

the contract and by the producer. Each delivery certificate shall bear an

identification number to be assigned by the IACS System.

(5) Both processors and producers shall keep a copy of

delivery certificates.

(6) The producer shall also forward a copy or written

telecommunication or electronic mail communication containing the

information referred to in the sub-regulation (1) hereof, no later than

the fifth working day following the week of delivery, to the competent

authority, in order to facilitate checks.

(1) In the case of tomatoes, peaches, pears, prunes and dried

figs where processing takes place in a Member State other than the one

in which production has taken place, no later than twenty-four hours

before the day of delivery, the producer shall notify each delivery to the

competent authorities of the Member State where its head office is

situated and to the competent authorities of the Member State where

processing is carried out. This notification shall include the quantity to

be delivered, precise identification of the means of transport used and

the identification number of the contract relating to the delivery in

question. It shall be sent electronically and the body to which it is

addressed shall keep a written record of it for at least three years.

(2) The competent authority may decide what form (such

as electronic format) that the records and information referred to the

following regulation, shall take.

(1) Processors shall be obliged under these regulations to

maintaining records.

maintain records showing at least the following>

(a)

in the case of quantities purchased under contract>

(i) the consignments purchased and accepted into the

undertaking for processing each day, and the identification number

of the contract assigned under the IACS System to which they

relate<

(ii) the quantity of each consignment accepted for processing

and, in the case of tomatoes, peaches and pears, the identification

number of the relevant delivery certificate<

(b) in the case of quantities purchased otherwise than under

contract>

(i) the consignments received each day, and the name

and address of the seller<

(ii) the quantity of each consignment accepted for

processing<

(c) the quantities of each of the finished products listed in

Schedule I obtained each day, with the corresponding quantities

of raw materials, specifying the quantities obtained from

consignments accepted under contract<

(d) the quantities and price of each finished product

purchased by the processor each day, giving the name and address

of the seller. This information may be recorded by reference to

supporting documents, provided the latter contain the

abovementioned particulars<

(e) the quantities and price of each finished product leaving

the processor’s premises each day, giving the name and address of

the consignee. Such information may be recorded by reference to

supporting documents, provided the latter contain the

abovementioned particulars<

(f) in the case of prunes and dried figs, the information

required in paragraph (c) above shall specify separately the quantity

of the finished product on which aid is payable<

(g) processors shall keep separate records for the products

referred to in Schedule I points (1), (2), (9), (11), (12), (13) and

(14) used to manufacture mixed fruit and prepared sauces as

referred to in Schedule I points (3) and (15), showing the following

information, in addition to that provided for in paragraphs(a), (b),

(c) and (d) of this sub-regulation<

(h) the quantities of mixed fruit and prepared sauces

obtained each day, broken down by product composition within

the meaning of this regulation>

(i) the quantities and prices of the mixed fruit and

prepared sauces leaving the processor’s premises, by

consignment, with details of the consignee<

(ii) the quantities and prices of the products referred

to in Schedule I points (1), (2), (9), (11), (12), (13) and (14)

purchased and entering the establishment each day, with

details of the seller<

(i) processors shall daily update their stock records for the

products referred to in paragraphs (a), (b), (c), (d) and (e) of this

sub-regulation, for each factory.

(2) Processors shall keep proof of payment for all raw

materials purchased under contract and proof of payment for all sales

and purchases of all finished products for five years as from the end of

the processing year concerned.

(3) Processors shall submit to all inspections and checks

deemed necessary by the competent authority and shall keep all

additional records required by them for the purposes of the checks

deemed necessary.

(1) All the sanctions established by the European

Sanctions and fines.

Commission regarding the marketing year provided for in regulation 6

of these regulations shall be applied in their entirety against the

processors.

(2) Whosoever, through serious negligence or false

declaration, shall breach any of the provisions of these regulations,

regarding any market transactions of the products, shall be punished by

a fine payable to the competent authority equal to twice the unit amount

of the sum obtained through the Aid Scheme. In the case of processors,

they shall be furthermore be excluded from the Register of Processors

referred to in regulation 5 of these regulations for a period of 5 years.