COMMISSION REGULATION (EEC) No 2164/92 of 30 July 1992 laying down detailed rules for the application of the specific supply arrangements for the Canary Islands relating to milk products and establishing the forecast supply balance
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (1), and in particular Article 3 (4) thereof,
Whereas Commission Regulation (EEC) No 1695/92 (2) lays down in particular the detailed rules, for the application of the specific supply arrangements for the Canary Islands relating to certain agricultural products;
Whereas, to take account of the specific needs of the milk products sector, additional rules to the provisions of Regulation (EEC) No 1695/92 or derogations therefrom should be laid down;
Whereas, pursuant to Article 2 of Regulation (EEC) No 1601/92 an annual forecast supply balance relating to milk products should be established for the Canary Islands;
Whereas to ensure that requirements are met in terms of quantities, prices and quality, supplies to the Canary Islands consist of products originating in third countries on which no levies or customs duties are charged of Community products on terms equivalent to the advantage resulting from exemption from import duties; whereas products of Community origin must qualify for aids for that purpose;
Whereas such aids must be fixed taking into account in particular the supply costs from the world market, the conditions resulting from the geographical situation of the archipelago and the pricing of exports to third countries for the products in question;
Whereas provision should be made for the appointment by the Member State concerned of the authority to be responsible for the management of the supply arrangements;
Whereas a timetable should be drawn up for the submission of licence applications and the conditions of acceptance of such applications should be laid down, in particular as regards the provision of a security; whereas the duration of the validity of import licences and aid certificates should also be fixed having regard to the supply requirements and the need for sound management, a longer period of validity being allowed for aid certificates in view of the special situation of the Canary Islands;
Whereas, for the sake of sound management of the supply arrangements, conditions should be laid down for the release of the security;
Whereas Council Regulation (EEC) No 3035/80 (3), as last amended by Regulation (EEC) No 3381/90 (4), lays down the general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II of the Treaty; whereas those rules should be applied for determining the amount of the aid relating to goods falling within CN codes 1901 90 90 and 2106 90 91;
Whereas pursuant to Council Regulation (EEC) No 1601/92 the supply arrangements are applicable from 1 July 1992; whereas it should be laid down that the detailed rules of application are to apply from the same date;
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Pursuant to Article 2 of Regulation (EEC) No 1601/92 the quantities of the forecast supply balance for the Canary Islands which qualify for Community aid or exemption from the levy on imports from third countries shall be as set out in Annex 1.
2. Pursuant to Article 3 of Regulation (EEC) No 1601/92 the amount of the aids shall be as set out in Annex II.
Article 2
The amount of the aids fixed for skimmed-milk powder and butter shall also apply to goods falling within CN codes 1901 90 90 and 2106 90 91, the rules laid down by Regulation (EEC) No 3035/80 for calculating the amount of the refund on such goods applying mutatis mutandis.
Article 3
Spain shall appoint the authority responsible for:
(a) issuing the import licence provided for in Article 2 of Regulation (EEC) No 1695/92;
(b) issuing the aid certificate provided for in Article 4 of the abovementioned Regulation;
(c) payment of aid to the operators concerned and management of securities.
Article 4
1. Licence applications shall be submitted to the competent authority in the first five working days of each month. A licence application shall be admissible only if:
(a) it does not exceed the maximum available quantity for each product and for the period concerned;
(b) before expiry of the time limit for the submission of licence applications, proof is furnished that the interested party has provided a security. The amount of the security shall be:
- ECU 5/100 kg for products falling within CN code 0401, 1901 90 90 and 2106 90 91,
- ECU 10/100 kg for products falling within CN code 0402,
- ECU 15/100 kg for products falling within CN codes 0405 and 0406.
2. Licences shall be issued on the tenth working day of each month.
Article 5
1. The period of validity of import licences shall expire on the last day of the month following the month of issue.
2. The period of validity of aid certificates shall expire on the last day of the second month following the month of issue.
Article 6
Notwithstanding Regulation (EEC) No 3719/88, the security shall be released where:
(a) the competent authority has not accepted an application; in such cases the security shall be released for the quantities for which the application has not been accepted;
(b) the operator has withdrawn his application in accordance with Article 4 (2) of Regulation (EEC) No 1695/92;
(c) proof is furnished that the licence has been used in accordance with Regulation (EEC) No 1695/92 and this Regulation; in such cases the security shall be released for the quantities charged to the licence.
Article 7
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 1992.