APPROVAL OF PROCESSORS IN THE PRODUCT PROCESSING SECTOR REGULATIONS

SUBSIDIARY LEGISLATION 146.02

APPROVAL OF PROCESSORS IN THE PRODUCT

PROCESSING SECTOR REGULATIONS

9th December, 2003

LEGAL NOTICE 390 of 2003, as amended by Legal Notices 404 of 2004,

409 of 2007 and 348 of 2012.

(1) The title of these regulations is the Approval of

Processors in the Product Processing Sector Regulations.

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

reference, requirements and competences for the provision of

fin ancial aid to q uali fyi ng fru it and vegetab le farm ers and

processors.

Amended by

L.N. 404 of 2004.

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

APPROVAL OF PROCESSORS

IN THE PRODUCT PROCESSING SECTOR

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

APPROVAL OF PROCESSORS

IN THE PRODUCT PROCESSING SECTOR

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.

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.

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, 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 regulation 3(2) in the same establishment as the products used referred

to at points 9, 11, 12, 13, 14 or 15;

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 10º Brix when

used to cover fruits in syrup;

18. natural fruit juice: a covering liquid with a minimum of 9,5º 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.

APPROVAL OF PROCESSORS

IN THE PRODUCT PROCESSING SECTOR

Substituted by

In these regulations, unless the context otherwise 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;

''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 the First Schedule 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 the First Schedule;

''quantity'' means the quantity expressed as net weight in

kilograms unless otherwise indicated;

''raw material'' means tomatoes, peaches, pears, prunes and, or

dried figs.

L.N. 409 of 2007.

Reg. (EC) No. 2201/96 - Reg. (EC) No. 2699/2000 - Reg. (EC) No. 1535/2003

CONTRACT/AMENDEMENT FOR THE TRANSFER OF ................ FOR INDUSTRY

MARKETING YEAR ......................./.....................

No .................................. of .......................

Contract No. ............................ of ............................... (only in case of amendment)

BETWEEN OF THE ONE PART

Details of the Producer or Legal Representative

Producer’s (or Legal Rep.) Name and Surname ..................................................................

Residing at ........................................................................................................................

Town ................................................

I.D. Card No. ..................................... V.A.T. No. ..................................

AND OF THE OTHER PART

Details of the Processor or Legal Representative

The FIRM .........................................................................................................................

Located at .........................................................................................................................

Town .................................................

Represented by

Surname .................................................................. Name ...............................................

Born on the ......................................................... at ..........................................................

Residing at ........................................................................................................................

I.D. No. .................................................... V.A.T. No. ......................................................

hereinafter referred to as "Processor", declares to be a member of ......................................

in accordance with Reg. (EC) No. 1535/2003

IT IS AGREED AND DRAWN UP AS FOLLOWS

(in accordance with the Community Regulations cited above)

the following contract for the transfer of ............................ for Industry concerns

the following quantities at the following prices

Expected Yield

Quantity

Estimated

(average of past

Expected Total

Contracted

Utilised Area

two marketing

Product

Quantity (Kg)

(for

(Ha)

years)

(2)

processing)

(1)

(Kg)

(Kg)

(3)

APPROVAL OF PROCESSORS

IN THE PRODUCT PROCESSING SECTOR

Cases of price differentials

Method of

Qualitative

Period of

Type of Product

delivery

characteristics

Delivery

Euro / ton

(free)

The data of columns (1), (2) and (3) are indicative for monitoring purposes.

FARMER COMMITS HIMSELF TO

cultivate and deliver to the PROCESSOR the quantity stated above of

tomatoes, which are healthy, and marketable;

THE PROCESSOR COMMITS HIMSELF

to accept the tomatoes produced within the limit of the quantity

contracted and conforming to the regulations, for the purposes of

processing into one of the products of Annex 1 of Reg. (EC) No. 2201/

96;

to pay the quantities received at the established price, in the manner

described in the present contract;

to rigorously respect when providing the delivery certificate of the

Producer, the facsimile provided by the Ministry for Rural Affairs and

the Environment both in the structure as well as in its contents;

to inform the Producer when the quantity agreed upon in the contract

has been fully delivered, for the purposes of avoiding any contractual

surpluses for which the Producer may not benefit from community aid.

METHOD OF DELIVERY AND QUALITY AND QUANTITY CONTROL

(in accordance with the Reg. (EC) No. 1535/03 and with the Reg. (EC) No. 217/

On receiving the tomatoes at the Processors’ premises, a delivery certificate will

be issued conforming to Reg. (EC) No. 1535/2003 and to the draft document

provided by the MRAE.

DELIVERY OF THE PRODUCT, CONTAINERS AND DEFECTIVE

PRODUCE

COMPENSATIONS

Payments

The payments for the delivered Raw Materials will be effected in favour of the

Producer by bank or postal transfer, in accordance with Reg. (EC) No. 1535/2003.

Within two months starting from the end of the month in which each lot of

goods is delivered

APPROVAL OF PROCESSORS

IN THE PRODUCT PROCESSING SECTOR

Guarantees

The Processor must attach a copy of the guarantee, if this is being presented.

References of the bank (or insurance) guarantee that is being presented

No. ............................................................ Issued on ...........................................

By ........................................................... Agency ................................................

Of ............................................................ for the amount of € ..........................

Expiring on ........................................................

Compensations

Should either party fail to fulfill their contractual obligations, the following

compensations will be due

-

Payment deadlines

-

Delivery of the raw materials by the producer

-

Acceptance of the raw materials by the processor

-

Should the processor fail to inform the producer in time, that the quantity

contracted has been reached, for any surpluses that will exceed the

contracted quantity, the processor will be obliged to pay (to the producer),

besides the contracted price, the corresponding amount of community aid

t h a t t h e M i n i s t r y f o r R u r a l A ff a i r s a n d t h e E n v i r o n m e n t w i l l n o t

acknowledge for payment.

The parties agree that, should arguments arise, they will expect nothing other than

the enforcement of the above mentioned penalties.

The parties explicitly agree with all that is provided for by the present contract, in

particular with what is referred to in point 5 "Guarantees and Compensations".

THE PROCESSOR

THE PRODUCER

(Legal Representative)

(Or Legal Representative)

APPROVAL OF PROCESSORS

IN THE PRODUCT PROCESSING SECTOR

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

shall submit an application to the competent authority for approval.

(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 subregulation

(2), 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 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 subregulation (3) shall be

submitted to the competent authority for its approval by not later

than the 12th November of the year preceding the year in which the

i n t e n d e d p r o c e s si n g o f t h e p ro d u c t s b y t h e a p p l i c a n t i s t o

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 subregulation (4) 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 subregulations (2) and (3) 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 fifteen days of completion of such modifications.

Reg. (EC) No. 2201/96 - Reg. (EC) No. 2699/2000 - Reg. (EC) No. 1535/2003

CONTRACT TO SUPPLY FOR THE TRANSFER OF ................ FOR INDUSTRY

MARKETING YEAR ......................./.....................

No .................................. of .......................

BETWEEN OF THE ONE PART

Details of the Producer or Legal Representative

Producer’s (or Legal Rep.) Name and Surname ..................................................................

Residing at ........................................................................................................................

Town ................................................

I.D. Card No. ..................................... V.A.T. No. ..................................

AND OF THE OTHER PART

Details of the Processor or Legal Representative

The FIRM .........................................................................................................................

Located at .........................................................................................................................

Town .................................................

Represented by

Surname .................................................................. Name ...............................................

Born on the ......................................................... at ..........................................................

Residing at ........................................................................................................................

I.D. No. .................................................... V.A.T. No. ......................................................

hereinafter referred to as "Processor", declares to be a member of ......................................

in accordance with Reg. (EC) No. 1535/2003

IT IS AGREED AND DRAWN UP AS FOLLOWS

(in accordance with the Community Regulations cited above)

the following Contract for the Transfer of ............................ for Industry concerns

the following Quantities at the following prices

Expected Yield

Quantity

Estimated

(average of past

Expected Total

Contracted

Utilised Area

two marketing

Product

Quantity (Kg)

(for

(Ha)

years)

(2)

processing)

(1)

(Kg)

(Kg)

(3)

Tomato

Cases of price differentials

Method of

Qualitative

Period of

Type of Product

delivery

characteristics

Delivery

Euro / ton

(free)

The data of columns (1), (2) and (3) are indicative for monitoring purposes.

THE PROCESSOR COMMITS HIMSELF

to accept the tomatoes produced within the limit of the quantity

contracted and conforming to the regulations, for the purposes of

processing into one of the products of Annex 1 of Reg. (EC) No. 2201/

96;

to pay the quantities received at the established price, in the manner

described in the present contract;

to rigorously respect when providing the delivery certificate of the

Producer, the facsimile provided by the Ministry for Rural Affairs and

the Environment, both in the structure as well as in its contents;

to inform the producer wþhen the quantity agreed upon in the contract

has been fully delivered, for the purposes of avoiding any contractual

surpluses for which the producer may not benefit from community aid;

METHOD OF DELIVERY AND QUALITY AND QUANTITY CONTROL

(in accordance with the Reg. (EC) No. 1535/03 and with the Reg. (EC) No. 217/

On receiving the tomatoes at the Processors’ premises, a delivery certificate will

be issued conforming to Reg. (EC) No. 1535/2003 and to the draft document

provided by the Ministry for Rural Affairs and the Environment.

DELIVERY OF THE PRODUCT, CONTAINERS AND DEFECTIVE

PRODUCE

THE PROCESSOR

(or Legal Representative)

(1) The competent authority shall carry out controls,

according to the plan of controls accepted and approved by the

Director and based upon the criteria required under article 3.

(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.

Substituted by

L.N. 409 of 2007.

INFORMATION RELATING TO THE DELIVERY TO THE INDUSTRIES

OF FRUIT AND VEGETABLES WHICH ARE SUBJECT TO COMMUNITY AID

Delivery Receipt No.

of

Issued in accordance with Reg. EC. No. 2201/96 and with EU Regulation 1535/2003

REFERENCES OF THE CONTRACT AND OF THE PARTIES INVOLVED

IACS Contr./Amend. Code

CONTRACT No.

OF

PRODUCT

AMENDMENT No.

OF

PRODUCER

Surname and Name of Producer (or Legal Repr.)

I.D. No.

F.R.C.

VAT No.

D.O.B.

Telephone

Mobile

If Company or Cooperative, the I.D. No. of the legal representative must be given.

PROCESSING / COLLECTION CENTRE

Legal Representative

VAT No.

INDUSTRY

Processor’s Code

Establishment’s Code

Legal Representative

VAT No.

Location of Head Office

REFERENCES OF THE TRANSPORT DOCUMENT

Document No.

of

M. Vehicle's Reg. No.

(where applicable)

Identification of Transport

Haulage Contractor

VERIFICATION OF LOADING

Date

Time

Weighting Ticket No.

Gross Weight Kg

Defective Kg

Net Weight Kg

Waste Kg

Rate of Reduction %

Net Weight for payment Kg

*

Sugar Content ºBx

index of price variation

Contracted price per unit

€ / 1000 Kg

Final price per unit

€ / 1000 Kg

Total amount for payment

€ / 1000 Kg

Signature of Producer

Signature of Processor’s Representative

(*) The product complies with the minimum quality requirements laid down under Reg. EC No 217/2002

APPROVAL OF PROCESSORS

IN THE PRODUCT PROCESSING SECTOR

Substituted by

(1) Once the competent authority has approved the

approval 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 subregulation (1), 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;

(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.

L.N. 409 of 2007.

Farmer: (code I.D. or VAT)

Name

Surname

AMENDMENT NOTIFICATION

Delivery Certificate

Producer ............................

Object: Contract/Amendment No. ...................... of ..................

Delivery Certificate No. ......................... of ...................

Following analytical checks related to the delivery certificate referred to as object

of this notification, I/we kindly ask you to take note of the amendments to the data

supplied as specified below

• Certificate No.

: ......................... •

Date of unloading

: .........................

• Certificate Date

: ......................... •

Time of unloading

: .........................

• Producer or l. rep.

: ......................... •

Typology

: .........................

Surname

: ......................... •

Gross weight

: Kg. ...................

Name

: ......................... •

Defective

: Kg. ...................

I D. No.

: ......................... •

Net weight

: Kg. ...................

F.R.C.

: ......................... •

Waste

: Kg. ...................

V.A.T. No.

: ......................... •

Rate of reduction

: % .....................

• Document No.

: ......................... •

N. weight for payment

: Kg. ...................

• Document date

: ......................... •

Sugar Content

: Bx ....................

• Haulage contractor

: ......................... •

Index of price variation

: % .....................

• Vehicle Reg. No.

: ......................... •

Contracted price/unit

: € .......................

• Trailer’s Reg. No.

: ......................... •

Final price/unit

: € .......................

•

Total amount for payment

: € .......................

I confirm the rest.

The Processor

N.B. The present amendment is intended as an integral and substantial part of the

certificate, which is the object of this notification, to which it will be attached.

(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

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

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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

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

to commence in the 2004/2005 marketing year, and the

15th July in subsequent years in respect 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) 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, 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 for prunes and dried figs.

(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

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, 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

originally stipulated in a processing contract by means of a written

amendment as provided for in the Second Schedule.

(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 subregulation (1) 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 regulation 7(6)(e).

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

supply as provided for in regulation 7(1)(c), such contract shall

c on t a in th e f ol l ow i ng pa rt i c u la rs t o t he s a t is f a c ti o n o f t he

competent authority, in addition to the requirements provided for in

regulation 7

(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 regulation 11(2) for contracts in respect of peaches,

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

m a y, f o r d u l y j u s t i f i e d r e a s o n s , a u t h o r i z e t h e a d d i t i o n o f

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.

(3) The producer organisation must furnish the competent

authority with copies of the contracts referred to in subregulation

(1), 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.

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

amendments thereto that reach the Director after the time limit laid

down in subregulation (3), 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 subregulation (3),

insofar as this does not hinder effective checks on the production

aid scheme.

(1) A producer organisation upon signing any contract as

provided for in regulation 7 in respect of tomatoes, peaches or

pears, shall forward 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 shall refer to the parcel identification system.

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

deliveries or processing within each marketing year, each processor

participating in the aid scheme shall notify the competent authority

as to the date in which contractual deliveries or processing is to

commence.

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

obligation under subregulation (1) 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 the Fifth Schedule 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 proc essors i n v irtu e o f th e con tracts prov id ed fo r un der

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,

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IN THE PRODUCT PROCESSING SECTOR

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);

(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 subregulation (2), 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 subregulation (2)(a), 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

subregulation (2)(a), 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 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 subregulation (2)(a), 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 the processed tomato products

concerned 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), the

quantities of tomato juice and tomato concentrate added shall also

be furnished to the competent authority.

(4)

The notifications given under subregulations (2) and (3)

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.

(5) The notification referred to in subregulation (2)(b) 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.

(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) in stock on the 1st May.

(1) A delivery certificate as provided for in the Fourth

Schedule 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 subregulation (1)

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 regulation 2(3) of Regulation (EC)

No. 217/2002;

(f)

at the end of the delivery period provided for in

regulation 6(2), 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), 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 subregulation (2)(c) and, or

to define defects in addition with exclusion of tomatoes.

(4) Delivery certificates, as provided for in subregulation (1)

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 subregulation (1), 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

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

the First Schedule 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) 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 the First Schedule points (1), (2), (9),

(11), (12), (13) and (14) used to manufacture mixed

fruit and prepared sauces as referred to in the First

Schedule points (3) and (15), showing the following

information, in addition to that provided for in

paragraphs (a), (b), (c) and (d);

(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 the First Schedule 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), 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

Commission regarding the marketing year provided for in

regulation 6 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 for a period of five years.

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