This document is an excerpt from the EUR-Lex website
Document 02002R2182-20060101
Commission 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 Fund
Consolidated text: Commission 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 Fund
Commission 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 Fund
02002R2182 — EN — 01.01.2006 — 002.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
COMMISSION REGULATION (EC) No 2182/2002 of 6 December 2002 (OJ L 331 7.12.2002, p. 16) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
L 78 |
8 |
16.3.2004 |
||
L 301 |
3 |
18.11.2005 |
COMMISSION 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 Fund
CHAPTER I
GENERAL PROVISIONS
Article 1
This Regulation lays down the conditions for financing by the Community Tobacco Fund, hereinafter called ‘the Fund’, of the measures in the two areas referred to in Article 13(2) of Regulation (EEC) No 2075/92 in the form of information programmes and measures to promote a switch of production.
Article 2
Expenditure by the Fund in each of the two categories of measures referred to in Article 1 may amount to a maximum 50 % of the total amount of the Fund.
However, where the amount available for one of these categories is not used up in full, the Commission shall reallocate the remaining amount to the other, provided that, in the latter area, there are eligible projects still in need of funding.
CHAPTER II
INFORMATION PROGRAMMES
Article 3
The programmes shall consist of projects involving information and education, data collection and studies. The projects concerned shall focus in particular on:
raising public awareness of the harmful effects of tobacco consumption, including passive smoking;
improving the relevance and effectiveness of the messages put across about the harmful effects of tobacco consumption, and the methods of communication used (language and images);
preventing and stopping smoking;
disseminating the results to the national authorities and the relevant sectors, in the areas referred to in (a), (b) and (c).
Article 4
Article 5
Projects shall be the subject, as appropriate, of a call for proposals or a public invitation to tender, in accordance with the relevant provisions, published in the C series of the Official Journal of the European Communities, within the period set in the notice.
Article 6
Proposals for projects may be submitted by any natural or legal persons established in the Community who:
possess recognised competence and at least five years' professional experience in the field in question;
undertake to contribute from their own resources at least 25 % of the total financing of the project. However, projects carried out on the initiative and on behalf of the Commission shall be financed by the Fund at a rate of up to 100 % of the total cost;
undertake to carry out the proposed programme within the time limit laid down;
agree to provide regular reports on the progress of the work;
agree to make their accounts and other supporting documents on expenditure available for verification by the Commission;
agree to the conditions laid down in Articles 9, 10 and 11.
However, the time limit for implementation may be extended if the interested party requests the Commission to extend it and provides proof that, because of exceptional circumstances beyond that party's control, it is not able to comply with the time limit initially laid down.
Article 7
Projects submitted in response to a call for proposals shall be assessed by a group of independent experts selected by the Commission. The following factors must be taken into account in the assessment:
the work must be done on a collaborative basis by natural or legal persons established in several Member States;
the projects must pay particular attention to the cultural and linguistic characteristics of the Member States, notably in the case of information campaigns directed at the public at large, and to groups at risk;
the projects must show that they have a methodology and firm scientific backing. They must be innovative and take account of work that has been carried out already and of experience gained under past or present national or Community programmes, so as to avoid any likelihood of duplication in the allocation of Community funding;
the projects must, as appropriate, contribute objectively and effectively to improving public awareness of the harmful effects on health of using tobacco, to collecting and analysing relevant epidemiological data or to ensuring the rapid implementation of practical preventive measures;
contractors must ensure that the results of their projects are disseminated in recognised scientific journals and/or presented at international conferences;
priority will be given to projects covering the whole of the territory of the Community and submitted by public health organisations which are recognised and/or are expressly supported by national or regional health authorities.
Article 8
Article 9
Contracts shall be based on the appropriate standard contract drawn up by the Commission and shall reflect, where necessary, the various activities concerned. They shall specify in particular:
the possibility of the payment of an advance by the Fund, within two months of the contract being signed;
the nature of the project deliverables required in order to obtain subsequent payments, which shall be made in staggered instalments reflecting the progress of the work and on the basis of invoices and appropriate supporting documents;
the deadline for submitting applications for payment of the balance following completion of the measures provided for in the contract, together with the nature of the accompanying deliverables, which shall include at least a summary of work carried out, appropriate supporting documents and an evaluation of the results obtained and how those results can be used;
a maximum period for payments from the Fund of 60 days from the date of approval by the Commission of the project deliverables, which may be suspended by the Commission in order to carry out additional verifications.
Article 10
Projects accepted for financing by the Fund may not receive Community financing from other sources.
Article 11
The interest rate to be used shall be that charged by the European Central Bank on its euro operations as published in the Official Journal of the European Communities on the first working day of each month.
CHAPTER III
MEASURES 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:
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;
training for producers required for a switch to agricultural products other than tobacco;
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:
studies intended to expand the opportunities for producers of tobacco to switch production to other crops or activities;
guidance and advisory services for producers who decide to withdraw from tobacco production;
conducting innovative experiments for demonstration purposes.
These measures may be accompanied by measures to disseminate and promote the results.
Article 15
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.
The beneficiaries of the measures listed in Article 14 shall be:
public authorities in the production areas;
public research bodies specialising in agronomy and/or rural economy and designated by the Member States.
Article 16
The maximum total value of Community assistance that can be granted under this Chapter shall be equal to:
The total amount of Community assistance per producer for all of the measures referred to in Article 13 shall be as follows:
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;
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;
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.
Article 17
Article 18
The programmes shall include:
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;
a description of the proposed strategy, its quantified objectives and the priorities selected for the switch of production from tobacco;
an analysis of the expected impact in economic, environmental and social terms, in particular as regards employment;
a general indicative financial table;
a description of the national provisions taken to implement the programmes, and in particular the arrangements for controls;
the definition of the selection criteria for projects for which an application for assistance has been made.
Article 19
Failure to comply with the undertaking prescribed in paragraph 1 shall entail:
Article 20
Article 21
The Member States shall notify the Commission without delay of the measures they adopt under Articles 18, 19 and 20.
Article 22
Notwithstanding paragraph 2, the Member State may provide for aid to be paid in advance, on condition that:
project implementation has begun;
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 ( 8 ).
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.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
Article 26
By derogation from Article 17(3), the notification deadline for the financing plans for the measures for which assistance has been applied for under the buy-back programme for the 2002 harvest shall be put back from 31 March 2003 to 31 May 2003, and, consequently, by derogation from Article 17(4), the deadline of 31 May 2003 shall be put back to 30 June 2003.
By way of derogation from Article 17(3), the 31 March 2004 deadline for the notification of projected plans for the financing of measures for which assistance has been requested under the buy-back programme for the 2003 harvest shall be postponed to 31 May 2004 and, consequently, by way of derogation from Article 17(4), the 31 May 2004 deadline shall be postponed to 30 June 2004.
Article 27
The amount of the premium to be paid to producers and the reimbursement to be made by the Member States to the processors, in accordance with Articles 18 and 20 respectively of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector ( 9 ) shall be reduced, at the time of payment, by the deduction referred to in Article 13(1) of Regulation (EEC) No 2075/92.
The amount thus reduced shall be declared by the Member States as expenditure under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund.
Article 28
Regulation (EC) No 1648/2000 is hereby repealed. However, its provisions shall continue to apply to projects approved before the entry into force of this Regulation.
Article 29
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) OJ L 215, 30.7.1992, p. 70.
( 2 ) OJ L 84, 28.3.2002, p. 4.
( 3 ) OJ L 205, 3.8.1985, p. 5.
( 4 ) OJ L 240, 10.9.1999, p. 11.
( 5 ) OJ L 189, 27.7.2000, p. 9.
( 6 ) OJ L 95, 16.4.1996, p. 9.
( 7 ) OJ L 270, 21.10.2003, p. 1.
( 8 ) OJ L 39, 17.2.1996, p. 5.
( 9 ) OJ L 358, 31.12.1998, p. 17.