COUNCIL DECISION of 26 June 1991 setting up a programme of options specific to the remote and insular nature of the Canary Islands (Poseican) (91/314/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands (1), and in particular Article 9 thereof,
Having regard to the amended proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas the Canary Islands suffer from a serious structural lack of development aggravated by a number of constraints (insular nature, remoteness, small size, difficult terrain and climate) whose unchanging nature and combined impact have serious effects on their economic and social development; whereas these special constraints make it necessary to step up Community support in order to ensure that the Canary Islands are fully involved in the dynamic of the internal market; whereas this Community support takes the form of operations under the reformed Structural Funds (enjoying the priority given to the Objective 1 regions), but must also ensure that the special constraints affecting the Canary Islands are taken into account in the application of common policies, in accordance with the Community approach to the remoter regions, of which the adoption and implementation of the Poseidom programme for the French overseas departments is the first practical example;
Whereas to achieve this, the Council, pursuant to Article 9 of Regulation (EEC) No 1911/91, must adopt a multi-sector programme of operations involving legislative measures and financial commitments to allow for the special constraints on the Canary Islands in the application of common policies;
Whereas, for the purposes of implementing this programme, the necessary legal acts will be adopted either by the Council or by the Commission, as appropriate, before 31 December 1992; whereas the duration of the application of the measures to be adopted could, in certain cases, be linked to the process of strengthening the integration of the Canary Islands into common policies, or extend beyond this process, given the permanent constraints which are a particular feature of the Canary Islands;
Whereas this programme must be based on the twofold principle that the Canary Islands form an integral part of the Community and that the regional reality deriving from their particular geographical situation and their historical economic and fiscal system must be recognized;
Whereas, for this reason, the special measures laid down by the programme of operations must be part of the process of including the Canary Islands in the customs territory of the Community and extending to these Islands other provisions of Community law as stipulated in Regulation (EEC) No 1911/91; whereas these measures must accordingly take into account the special characteristics and constraints of the Canary Islands without undermining the integrity and coherence of the Community legal order; whereas the economic effects of specific measures must remain limited to the territory of the Canary Islands without affecting directly the functioning of the common market;
Whereas Community rules must take account of the specific nature of the Canary Islands and permit their economic and social development, particularly in those areas where the fragile nature of island territories is particularly acute, such as transport, taxation, the social sector, research and development, or the protection of the environment in view of the vulnerability of the Canary Islands to the increasing pressures of tourism;
Whereas the exceptional geographical situation of the Canary Islands in relation to sources of supply for products used as inputs in certain food sectors, which are essential for current consumption or processing in the archipelago, entails costs that are a severe handicap for this area; whereas there is a need, in this connection, to make special arrangements for the supply of these products within the limits of local market needs and taking accunt of local production and traditional trade flows;
Whereas, for the same reasons and as part of the phased introduction of the Common Customs Tariff, there is a need to create the possibility of special tariff or derogations from the common commercial policy for certain sensitive products, in particular with regard to quantitative restrictions, bearing in mind the free-trade historical regime of the Canary Islands; whereas customs arrangements may also prove to be appropriate for the regime applicable to the Canary Islands' free zones;
Whereas the special production conditions in the Canary Islands require that particular attention be paid to applying the common agricultural policy to this region; whereas appropriate measures are needed to assist the development of the fruit and vegetable and flowers and live plant sectors; whereas these measures will have to promote the growing of tropical products in particular; whereas it will also be necessary to introduce other measures to support domestic production intended for local consumption;
Whereas certain flanking measures are required to accompany the application of the common fisheries policy to the Canary Islands in order to take account of the particular features of local production;
Whereas the preparation, implementation, monitoring and evaluation of the measures provided for by its programme require a partnership between the Commission and the competent national and regional authorities; whereas this partnership must permit complementarity between the measures laid down in the programme and those applied at national and regional level;
Whereas the competent national and regional authorities must take account of the measures and operations under this programme in drafting future regional development plans; whereas the Commission, within the scope of its powers, will take steps to ensure that this programme is consistent with the operations of the Structural Funds and other Community financial instruments,
HAS DECIDED AS FOLLOWS:
Article 1
1. Pursuant to Article 9 of Regulation (EEC) No 1911/91, an action programme for the Canary Islands (Programme of options specific to the remote and insular nature of the Canary Islands), hereinafter referred to as the 'Poseican programme' and set out in the Annex, is hereby established. This programme shall cover legislative measures and financial commitments.
2. Within the context of the powers conferred upon it by the Treaty, the Council shall adopt the provisions necessary for the execution of this programme and invite the Commission to submit the relevant proposals as soon as possible.
Article 2
The financial resources required to implement the measures relating to agricultural structures appearing in this programme shall be determined in the annual budgetary procedures.
Article 3
This Decision shall take effect on 1 July 1991.
Article 4
This Decision shall be published in the Official Journal of the European Communities. Done at Luxembourg, 26 June 1991.