Commission Regulation (EC) No 968/2006Show full title

Article 10 U.K. Granting of the restructuring aid

1. The Commission shall establish a list of the complete applications for restructuring aid in the chronological order of their lodging as stated by acknowledgments of receipt from the Member State concerned.

[F1 However, in the case where growers’ applications have been submitted concerning an undertaking which has not, itself, submitted an eligible application before the deadline laid down in Article 4(1) of Regulation (EC) No 320/2006, the moment of the lodging referred to in the first subparagraph of this paragraph shall be the moment of the last grower’s application concerning the quota of that undertaking.]

[F2 2. By the deadline provided for in Article 5(1) of Regulation (EC) No 320/2006, the Commission shall determine the estimated availability of the financial resources in the restructuring fund:

(a) for all the applications concerning the following marketing year received by the deadline set out in Article 4(1) of that Regulation and found eligible by the competent authority of the Member State, as well as all the aids related to them;

(b) for all the applications by growers, concerning undertakings not having submitted an eligible application for the 2008/2009 marketing year, received by the deadline set out in Article 4a(2) of that Regulation, as well as the aids related to them, up to the limit of 10 % laid down in Article 4a(4) of that Regulation.]

3. The Commission shall inform the Committee on the Agricultural Funds referred to in Article 41(1) of Council Regulation (EC) No 1290/2005(1) on the decisions taken in accordance with paragraph 1 of this Article. For the 2006/2007 marketing year, the Commission shall inform the Funds Committee referred to in Article 13(1) of Council Regulation (EC) No 1258/1999(2).

4. The Member States shall notify to the applicants the grant of the restructuring aid for their respective eligible restructuring plan by the deadline provided for in Article 5(1) of Regulation (EC) No 320/2006. A full copy of the approved restructuring plan shall be sent by the competent authority of the Member State to the Commission.

[F1 5. In the case where several eligible growers’ applications are submitted simultaneously, and where the amounts of deliveries to be ceased under these applications exceed any of the 10 % limits referred to in the first subparagraph of Article 4a(4) of Regulation (EC) No 320/2006, the Member State shall inform the applicants concerned that a proportionate reduction coefficient will be applied to their respective applications. By way of derogation from Article 7a(3), applicants may, in this case, withdraw their applications in writing within 5 working days. The coefficient to be applied to the remaining applications shall in this case be rectified accordingly.

6. By the deadline provided for in Article 4a(4) of Regulation (EC) No 320/2006, the competent authority of the Member State shall:

(a) notify the growers of the granting of the restructuring aid;

(b) provide the undertakings concerned with a list of the growers concerned including the respective amount of delivery rights ceased by each of these growers;

(c) notify the undertaking concerned of the amount of quota thus being reduced.

7. The total amount of quota being reduced for each undertaking in accordance with Article 4a(4) of Regulation (EC) No 320/2006 shall be communicated to the Commission.]

Textual Amendments

F1 Inserted by Commission Regulation (EC) No 1264/2007 of 26 October 2007 amending Regulation (EC) No 968/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community.

F2 Substituted by Commission Regulation (EC) No 1264/2007 of 26 October 2007 amending Regulation (EC) No 968/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community.

(1)

OJ L 209, 11.8.2005, p. 1.

(2)

OJ L 160, 26.6.1999, p. 103.