Substituted by Commission Regulation (EC) No 1881/2005 of 17 November 2005 amending Regulation (EC) No 2182/2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund.

Inserted by Commission Regulation (EC) No 1881/2005 of 17 November 2005 amending Regulation (EC) No 2182/2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund.

http://www.legislation.gov.uk/eur/2002/2182/chapter/IIICommission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco FundCommission Regulation (EC) No 2182/2002Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund2020-12-12King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02002R2182-20060101texttext/xmlen2006-01-01CHAPTER IIIMEASURES TO PROMOTE A SWITCH OF PRODUCTION
Article 12

The measures to promote a switch of production financed by the Fund shall consist of specific individual measures and general interest measures to encourage raw tobacco producers to switch production to other crops or economic activities that generate employment, and to support studies into the possibilities for raw tobacco producers of switching to other crops or activities.

Article 13

Individual measures to encourage tobacco producers to switch production shall comprise:

(a)

switching to other crops and improving the quality of agricultural products other than tobacco, as well as providing incentives to holdings to diversify their activities;

(b)

training for producers required for a switch to agricultural products other than tobacco;

(c)

establishing the infrastructure for marketing quality products other than tobacco, as well as services for the rural economy and rural people and diversifying agricultural or semi-agricultural activities with a view to creating a range of activities that generate alternative employment and income, and in particular promoting tourism and handicrafts activities.

Article 14

General interest measures and studies into the possibilities for tobacco producers to switch production shall comprise:

(a)

studies intended to expand the opportunities for producers of tobacco to switch production to other crops or activities;

(b)

guidance and advisory services for producers who decide to withdraw from tobacco production;

(c)

conducting innovative experiments for demonstration purposes.

These measures may be accompanied by measures to disseminate and promote the results.

Article 151.

The beneficiaries of the measures referred to in Article 13 shall be producers of raw tobacco holding a tobacco production quota for the 2005 harvest in accordance with Article 24 of Regulation (EC) No 2848/98, located in a region to which Chapter 10c of Title IV of Council Regulation (EC) No 1782/2003

OJ L 270, 21.10.2003, p. 1 .

applies and who undertake by 15 February 2006 at the latest to renounce their right to production aid for raw tobacco as provided for in that Chapter from the 2006 harvest.

Member States shall inform the Commission of the number of producers making such an undertaking and of the total quota volume concerned, broken down by group of varieties.

Beneficiaries may apply for assistance from the Fund for 2006 only.

2.

The beneficiaries of the measures listed in Article 14 shall be:

(a)

public authorities in the production areas;

(b)

public research bodies specialising in agronomy and/or rural economy and designated by the Member States.

Article 161.

The maximum total value of Community assistance that can be granted under this Chapter shall be equal to:

75 % of the eligible expenditure, for the measures referred to in Article 13(a) and (c);

100 % of the eligible expenditure, for the measures referred to in Article 13(b) and Article 14.

2.

The total amount of Community assistance per producer for all of the measures referred to in Article 13 shall be as follows:

(a)

three times the amount of the 2005 premium for quantities of raw tobacco up to and including 10 tonnes to which the producer is entitled under Article 24 of Regulation (EC) No 2848/98 for the 2005 harvest;

(b)

twice the amount of the 2005 premium for quantities of raw tobacco between 10 and 40 tonnes to which the producer is entitled under Article 24 of Regulation (EC) No 2848/98 for the 2005 harvest;

(c)

the amount of the 2005 premium for quantities of raw tobacco above 40 tonnes to which the producer is entitled under Article 24 of Regulation (EC) No 2848/98 for the 2005 harvest.

3.

The total amount of Community assistance per producer for all of the measures referred to in Article 13 may not exceed EUR 300 000. However, for measures not involving the production, marketing or processing of products referred to in Annex I of the Treaty, the total amount of Community assistance per producer may not exceed EUR 100 000.

Article 171.

The Community contribution shall comprise all of the public contribution for the measures referred to in Articles 13 and 14.

2.

Before 15 February 2006 , in accordance with the procedure laid down in Article 23(2) of Regulation (EEC) No 2075/92, an indicative allocation between the Member States of financing under the Fund for the measures referred to in Articles 13 and 14 of this Regulation shall be drawn up based on the national guarantee thresholds fixed for the 2005 harvest.

3.

Before 30 April 2006 , the Member States shall draw up and notify to the Commission their projected financing plans for the measures for which assistance has been requested.

4.

Where it is established, on the basis of the information referred to in paragraph 3, that part of the funding allocated to one or more Member States will not be committed due to a lack of applications for assistance, the Commission shall draw up, before 30 June 2006 , a definitive allocation of this funding among Member States that have received applications for assistance for a total amount greater than their budget as determined in accordance with paragraph 2. This definitive allocation shall be in proportion to the indicative allocation drawn up in accordance with paragraph 2.

Article 181.

The Member States shall set up the programmes connected with the measures referred to in Articles 13 and 14.

The programmes shall include:

(a)

a quantified description of the current situation in the tobacco sector, of the guidelines for measures to promote a switch of production and the holdings involved, and of the socio-economic situation in the production areas, in particular as regards employment and development potential;

(b)

a description of the proposed strategy, its quantified objectives and the priorities selected for the switch of production from tobacco;

(c)

an analysis of the expected impact in economic, environmental and social terms, in particular as regards employment;

(d)

a general indicative financial table;

(e)

a description of the national provisions taken to implement the programmes, and in particular the arrangements for controls;

(f)

the definition of the selection criteria for projects for which an application for assistance has been made.

2.

The Member States shall adopt the necessary national provisions to implement the programmes referred to in paragraph 1, including the procedure for approving projects, and shall designate the national authorities responsible for implementation.

3.

Every year before 31 March the Member States shall send the Commission a comprehensive report on the progress made by the programmes during the period between 1 January and 31 December in the previous year.

Article 191.

Applicants for assistance under Article 13 and 14 must sign an undertaking not to apply for funding for the same project under another assistance scheme. However, they shall be relieved of this undertaking if the application for financing for their project under the Fund is rejected definitively.

2.

Failure to comply with the undertaking prescribed in paragraph 1 shall entail:

the loss of rights regarding the quota buy-back programme provided for in Article 14 of Regulation (EEC) No 2075/92; and

loss of eligibility for assistance for the measures referred to in Articles 13 and 14 of this Regulation.

3.

Where an irregularity, other than failure to comply with the undertaking provided for in paragraph 1, is committed intentionally, the applicant for assistance under Articles 13 and 14 shall pay a penalty equal to the assistance applied for. That sum shall be credited to the European Agricultural Guidance and Guarantee Fund (EAGGF).

Article 201.

The Member States, in accordance with common rules to be laid down by the Commission, shall set up a computerised file including all the information on the projects financed under this Chapter. This data shall be made available to the Commission.

2.

The Member States shall ensure that the information collected in accordance with paragraph 1 is made available to the authorities responsible for implementing the other Community or national structural assistance programmes.

3.

The Member States shall take the necessary steps to effectively check that the provisions of this Chapter have been observed, in particular by carrying out administrative controls and on-site inspections. These measures shall ensure in particular that the projects financed under this Chapter have not received assistance under another assistance scheme.

4.

The controls referred to in paragraph 3 shall cover all the projects financed by the Fund.

Article 21

The Member States shall notify the Commission without delay of the measures they adopt under Articles 18, 19 and 20.

Article 221.

The projects shall be carried out within two years of the date on which the Member State notifies the beneficiary that the project has been approved. However, Member States may extend the above time-limit to 30 months.

2.

The aid shall be paid once checks have been made that the project in question has been carried out and no later than three years following the date on which the Member State notifies the beneficiary that the project has been approved.

3.

Notwithstanding paragraph 2, the Member State may provide for aid to be paid in advance, on condition that:

(a)

project implementation has begun;

(b)

the beneficiary has lodged a security equal to 120 % of the advance. However, public bodies may be exempted from this requirement.

For the purposes of Regulation (EEC) No 2220/85, the obligation shall in this case be to ensure that the project is implemented within the period specified in paragraph 1 above.

Article 23

At the latest in the last declaration of expenditure for that year, the Member States shall notify the Commission of all expenditure actually incurred during the current financial year related to the measures to promote a switch of production, as specified in Article 3 of Commission Regulation (EC) No 296/96

OJ L 39, 17.2.1996, p. 5.

.

Article 24

For each Member State, the amounts of expenditure actually incurred notified to the Commission in the declarations for a given year shall be financed in accordance with Article 23, provided the total of these amounts does not exceed the amount allocated to the Member State under Article 17.

Article 25

The Member States shall store the information recorded in accordance with this Chapter for at least ten years after the year in which it is recorded.