Approval of Processors in the Product Processing Sector

L.N. 404 of 2004

AGRICULTURE AND FISHERIES INDUSTRIES

(FINANCIAL ASSISTANCE) ACT

(CAP. 146)

Approval of Processors in the Product Processing Sector

(Amendment) Regulations, 2004

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

and Fisheries Industries (Financial Assistance) Act, the Minister for

Rural Affairs and the Environment has made the following regulations>-

The title of these regulations is the Approval of processors in Title.

the Product Processing Sector (Amendment) Regulations, 2004 and they

shall be read and construed as one with the Approval of Processors in

the Product Processing Sector Regulations, 2003, hereinafter referred L.N. 390 of 2003.

to as “the principal regulations”.

In the first paragraph of the Maltese text of the principal Amends first

regulations for the words “bl-Att” there shall be substituted the words paragraph

principal

“bl-artikolu 7 ta“ l-Att”.

regulations.

In sub-regulation (4) of regulation 3 of the principal Amends regulation

regulations, for the word “December” there shall be substituted the word 3 regulations.

“November”.

Regulation 7 of the principal regulations shall be amended as Amends regulation

7 of the principal

follows>-

regulations.

(a) for paragraph (a) of sub-regulation 5 thereof, there shall

be substituted the following>

“(a) the 15th July and at least ten days before deliveries

are to commence in the 2004#2005 marketing year, and the

10th March in subsequent years in respect of tomatoes<”< and

(b) in sub-regulation (7) thereof, immediately after the words

“European Commission” there shall be inserted the words “for

prunes and dried figs”.

Regulation 11 of the principal regulations shall be amended Amends regulation

11 of the principal

as follows>-

regulations.

(a) in sub-regulation (3) thereof immediately after the words

“The producer” there shall be inserted the word “organisation”<

and

(b) immediately after sub-regulation (3) there shall be added

the following new sub-regulation>

“(4) In exceptional and duly justified cases, contracts

and amendments thereto that reach the Director after the time

limit laid down in sub-regulation (3) of this regulation, insofar

as such late arrival does not hinder checks>

Provided that in the case of amendments to contracts for tomatoes,

the Director may authorise, for duly justified reasons, a time limit shorter

than the five days laid down in sub-regulation (3) of this regulation,

insofar as this does not hinder effective checks on the production aid

scheme.”.

Regulation 12 of the principal regulation shall be amended as

follows>-

(a) in sub-regulation (1) thereof, for the words “The

producer” there shall be substituted the words “A producer

organisation”< and

(b) in sub-regulation (2) thereof, the words “and regulation

12” shall be deleted.

Regulation 14 of the principal regulation shall be amended as

follows>-

(a) in paragraph (b) of sub-regulation (3) thereof, the words

“tomato concentrate” shall be deleted<

(b) in paragraph (c) of sub-regulation (3) thereof, for the

words “tomato concentrate” there shall be substituted the words

“the processed tomato products concerned”<

(c) for sub-regulation (4) thereof, there shall be substituted

the following>

“(4) The notifications given under sub-regulations (2)

and (3) hereof shall state separately the quantities of finished

products as referred to in the First Schedule, points 1, 2, 9,

11, 12, 13, 14 and 15 used to manufacture the products referred

to in points 3 and 16 of the said Schedule.”< and

(d) for sub-regulation (5) thereof, there shall be substituted

the following>

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

regulation 2 hereof shall state separately the quantities of

finished products obtained as referred to in the First Schedule,

points 3 and 16, broken down according to the products used

as referred to in points 1, 2, 9, 11, 12, 13, 14 and 15 of the

said Schedule.”.

The First Schedule to the principal regulations shall be Amends the First

Schedule to the

amended as follows>-

principal

regulations.

(a) in point (12) the words from “prepared as follows” to

the words > “packed in hermetically sealed containers” shall be

deleted<

(b) for point 13 thereof there shall be substituted the

following>-

“13. kunserva> the product obtained by concentrating

tomato juice, obtained directly from fresh tomatoes,

containing added sugar and salt, having a dry matter content

of 28 % to 36 %, packed in hermetically sealed containers,

labelled “kunserva”, and falling within CN code ex 2002 90<”<

and

(c) for point 16 thereof there shall be substituted the

following>-

“16. prepared sauces< tomato-based preparations

obtained by mixing one of the products referred to at points

9, 11, 12, 13, 14 or 15 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, 13,

14 or 15 accounts for at least 60% of the total net weight of

the prepared sauce. These products must be made during the

period indicated in sub-regulation 2 of regulation 3 in the

same establishment as the products used referred to at points

9, 11, 12, 13, 14 or 15.”