Article 35 Penalties in the event of discrepancies between quantities accepted for processing and quantities actually processed
United Kingdom
Except in cases of force majeure , where it is found that the full quantity of tomatoes, peaches or pears accepted for processing under contract has not been processed into one of the products listed in Article 6a(1) of, and Annex I to, Regulation (EC) No 2201/96, the processor shall pay the competent authorities an amount equal to twice the unit amount of the aid multiplied by the quantity of the raw material concerned which has not been processed, plus interest calculated in accordance with Article 35a(2).
In addition, except in cases duly justified to the satisfaction of the Member State, the processor's approval as provided for in Article 5 shall be suspended:
for the marketing year following the finding, if the difference found between the quantity accepted for processing and the quantity actually processed is more than 10 % but no more than 20 % of the quantity accepted for processing;
for two marketing years following the finding, if the difference is more than 20 %.
For the purposes of applying the first and second subparagraphs, any quantities of raw materials used in the manufacture of finished products not complying with the minimum quality requirements, in excess of an 8 % tolerance, shall be treated as quantities not processed.
The Member States shall exclude the processor from the aid scheme provided for in Regulation (EC) No 2201/96 where:
the producer organisation makes false declarations with the collaboration of the processor,
the processor repeatedly fails to pay the price referred to in point (f) of the first subparagraph of Article 7(1) of this Regulation,
the processor repeatedly fails to meet the payment deadline referred to in the second subparagraph of Article 7(1) of this Regulation,
where the processor fails to pay the penalties provided for in paragraph 1 of this Article,
the processor fails to comply with the obligations referred to in Article 30(1), (2), (3), (4) or (5) of this Regulation.
The duration of the exclusion of the processor from the aid scheme shall be not less than one marketing year and shall be determined by the Member States having regard to the seriousness of the failure.
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Annotations
Textual amendments
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