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Agriculture And Fisheries Industries (Financial Assistance) Act, 2003 (Cap. 146) Approval Of Processors In The Product Processing Sector Regulations, 2003 Government Gazette Of Malta (L.N. 390 Of 2003 )

AGRICULTURE AND FISHING INDUSTRIES (FINANCIAL ASSISTANCE) ACT
(CAP. 146)
Approval of processors in the Product Processing Sector regulations, 2003
IN exercise of the powers conferred by article 7 of the Agriculture and Fishing Industries (Financial Assistance) Act, the Minister for Rural Affairs and the Environment has made the following regulations>–
1. (1) The title of these regulations is the Approval of processors in the Product Processing Sector regulations, 2003.
(2) The scope of these regulations is to lay down the terms of reference, requirements and competences for the provision of financial aid to qualifying fruit and vegetable farmers and processors.
2. (1) 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 of these regulations<
“co-operative” means a co-operative society registered under the Co-operative Societies Act<

Title and scope.

Interpretation.

Cap. 386.

Cap. 442.

B 5222
“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 Schedule I 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 Schedule I to these regulations<
“quantity” means the quantity expressed as net weight in kilograms unless otherwise indicated<
“raw material” means tomatoes, peaches, pears, prunes and#or dried figs.
3. (1) Any person intending to be registered as a processor shall submit an application to the competent authority for approval, hereinafter referred to as the approval application.
(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 sub- regulation (2) hereof, 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<
B 5223

Approval of processors.

B 5224
(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, but not limited to, 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 sub-regulation (3) hereof shall be submitted to the competent authority for its approval by not later than the 12th December of the year preceding the year in which the intended processing of the products by the applicant is to 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 sub-regulation (4) hereof 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 sub-regulations (2) and (3) hereof 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 15 days of completion of such modifications.
4. (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 hereof.
(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.
5. (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
B 5225

Controls.

Register of

Processors.

B 5226

Marketing year.

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 sub-regulation (1) hereof, 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 hereof>
(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.
6. (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.
7. (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 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.
B 5227

Approved contracts.

B 5228
(5) In order that a contract may be submitted to the competent authority for its approval such contract shall be signed by not later than>
(a) the 10th March, in respect of the processing 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) hereof 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 price referred to in paragraph (e) hereof, having due regard to the amendments to the contract provided for in regulation 8 hereof, 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.
(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.
8. (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 of these regulations, 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.
9. (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 Schedule II to these regulations.
(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 5229

The Working

Group.

Amendments to quantities.

B 5230

Commitment to supply contracts.

Rules regarding contracts.

(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 sub-regulation (1) hereof 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 paragraph (e) of sub- regulation (6) of regulation 7.
10. (1) In the case of a contract which is a commitment to supply as provided for in paragraph (c) of sub-regulation (1) of regulation 7, such contract shall contain the following particulars to the satisfaction of the competent authority, in addition to the requirements provided for in regulation 7 of these regulations>
(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 sub-regulation (2) of regulation 11 for contracts in respect of peaches, prunes, pears or dried figs. After that date, the competent authority may, for duly justified reasons, authorize the addition of 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.
11. (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 of these regulations.
(3) The producer must furnish the competent authority with copies of the contracts referred to in sub-regulation (1) above, 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.
12. (1) The producer 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 and regulation 12 shall refer to the Parcel Identification System.
13. (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 sub-regulation (1) hereof 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>
B 5231

Obligations of producers signing contracts.

Notification of contractual deliveries or processing.

B 5232

Further information to be furnished to competent

authority.

Provided that in exceptional and duly justified cases, the competent authority may at its discretion accept notifications, as provided for in Schedule V hereto 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 processors in virtue of the contracts provided for under regulation 7 shall be of sound and fair marketing quality and suitable for processing.
14. (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, 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) hereof<
(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 sub-regulation (2) hereof, 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 paragraph (a) of sub-regulation (2) of this regulation, 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 paragraph (a) of sub-regulation (2) of this regulation, 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 tomato concentrate 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 paragraph (a) of sub-regulation (2) of this regulation, 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 tomato concentrate 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) of this sub- regulation, the quantities of tomato juice and tomato concentrate added shall also be furnished to the competent authority.
(4) The notifications under sub-regulations (2) and (3) hereof shall state separately the quantities of finished products as referred to in Schedule I in points (1), (2), (9), (11), (12), (13) and (14) used to manufacture the products referred to in points (3) and (15) of the said Schedule I.
(5) The notifications referred to in paragraph (b) of sub- regulation (2) of this regulation shall state separately the quantities of finished products as referred to in Schedule I in points (3) and (15) obtained, broken down according to the products used as referred to in points (1), (2), (9), (11), (12), (13) and (14) 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
B 5233
B 5234

Delivery certificate requirements.

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) of this sub-regulation in stock on the 1st May.
15. (1) A delivery certificate as provided for in Schedule IV 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 sub-regulation
(1) hereof 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 sub-regulation (3) of regulation 2 of Regulation (EC) No. 217#2002<
(f) at the end of the delivery period provided for in sub- regulation (2) of regulation 6, 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) of sub-regulation (2) hereof, 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.
B 5235
B 5236

Processing in

Member State.

Requirements for maintaining records.

(3) The permanent working group provided for in regulation
8 shall agree to reduce the limit fixed in paragraph (c) of sub-regulation
(2) hereof and#or to define defects in addition with exclusion of tomatoes.
(4) Delivery certificates, as provided for in sub-regulation (1) hereof 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 sub-regulation (1) hereof, no later than the fifth working day following the week of delivery, to the competent authority, in order to facilitate checks.
16. (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.
17. (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 Schedule I 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) above 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 Schedule I points (1), (2), (9), (11), (12), (13) and (14) used to manufacture mixed fruit and prepared sauces as referred to in Schedule I points (3) and (15), showing the following information, in addition to that provided for in paragraphs(a), (b), (c) and (d) of this sub-regulation<
(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<
B 5237
B 5238

Sanctions and fines.

(ii) the quantities and prices of the products referred to in Schedule I 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) of this sub-regulation, 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.
18. (1) All the sanctions established by the European Commission regarding the marketing year provided for in regulation 6 of these regulations 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 of these regulations for a period of 5 years.
SCHEDULE I
B 5239
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
B 5240
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 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<
B 5241
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 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 prepared as follows>
100 kg tomato juice<
2 - 4 kg sugar<
0.5 - 1 kg salt.
The juice is obtained from selected fresh tomatoes, by washing and straining so as to free them from skins, seeds and other coarse parts. This juice is then mixed with sugar and salt and concentrated to a brix reference of 28 - 34. The product is then packed in hermetically sealed containers.
13. kunserva> the product is obtained from concentrated tomato juice, sugar and salt having a dry matter content of between 28 and 34%. Kunserva shall be prepared as follows>
100 kg tomato juice<
2 - 5 kg sugar<
0.5 - 1 kg salt.
The product is then packed in hermetically sealed containers.
B 5242
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, 12A, 13 or 14 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, 12A, 13 or 14 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, 12A,
13 or 14<
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 10¥ Brix when used to cover fruits in syrup<
18. natural fruit juice> a covering liquid with a minimum of 9,5¥ 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.
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