S.L. 146.2 Art. 15Deliverycertificate requirements.

(1) A delivery certificate as provided for in the Fourth

Schedule 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 subregulation (1) 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 regulation 2(3) of Regulation (EC) No. 217/2002;

(f) at the end of the delivery period provided for in regulation 6(2), 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), 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.

(3) The permanent working group provided for in regulation 8 shall agree to reduce the limit fixed in subregulation (2)(c) and, or to define defects in addition with exclusion of tomatoes.

(4) Delivery certificates, as provided for in subregulation (1) 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 subregulation (1), no later than the fifth working day following the week of delivery, to the competent authority, in order to facilitate checks.