1992R2168 — EN — 01.07.1999 — 013.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2168/92
of30July1992
laying down detailed implementing rules for the specific measures for the Canary Islands with
regardtopotatoes
(OJ L 217, 31.7.1992, p. 44)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 714/93 of 26 March 1993 L 74 42 27.3.1993
►M2Commission Regulation (EEC) No 1774/93 of 2 July 1993 L 162 21 3.7.1993
►M3Commission Regulation (EC) No 802/94 of 11 April 1994 L 93 1 12.4.1994
►M4Commission Regulation (EC) No 1760/94 of 18 July 1994 L 183 17 19.7.1994
►M5Commission Regulation (EC) No 3099/94 of 19 December 1994 L 328 13 20.12.1994
►M6Commission Regulation (EC) No 1481/95 of 28 June 1995 L 145 42 29.6.1995
►M7Commission Regulation (EC) No 1967/95 of 9 August 1995 L 189 29 10.8.1995
►M8Commission Regulation (EC) No 984/96 of 31 May 1996 L 131 51 1.6.1996
►M9Commission Regulation (EC) No 1909/96 of 2 October 1996 L 251 17 3.10.1996
►M10Commission Regulation (EC) No 1166/97 of 26 June 1997 L 169 11 27.6.1997
►M11Commission Regulation (EC) No 1494/97 of 29 July 1997 L 202 33 30.7.1997
►M12Commission Regulation (EC) No 1372/98 of 29 June 1998 L 185 19 30.6.1998
►M13Commission Regulation (EC) No 1414/1999 of 29 June 1999 L 164 67 30.6.1999
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No2168/92
of30July1992
laying down detailed implementing rules for the specific measures
fortheCanaryIslandswithregardtopotatoes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1601/92(
1), of 15 June
1992, introducing specific measures for the Canary Islands concerning
certain agricultural products, and in particular Articles 20 (3) and 21thereof,
Whereas in application of Articles 2 and 3 of Regulation (EEC) No
1601/92 it is necessary to determine for seed potatoes quantities of the
forecast supply balance which benefit from an exemption of the levy ondirect imports from third countries or from aid for deliveries originatingfrom the rest of the Community;
Whereas this aid must be fixed taking into account the costs of supply
from the world market, and the conditions due to the geographicalsituation of the Canary Islands;
Whereas Article 20 of Regulation (EEC) No 1601/92 provides that aid
per hectare is granted for the production of ware potatoes up to a ceiling
of an area of 12 000 hectares per year, planted and harvested;
Whereas Article 21 of Regulation 1601/92 provides for a restriction on
deliveries of ware potatoes to the Canary Islands from third countries, or
from the rest of the Community, in order to avoid disturbance of themarket during the periods which are crucial for the marketing of theCanary Islands' production; whereas it is appropriate to fix the sensitiveperiod as well as the maximum quantities of potatoes to be delivered tothe Canary Islands during the second semester of 1992;
Whereas the provisions provided for in Regulation (EEC) No 1601/92
are applicable as from 1 July 1992; it is appropriate to apply the terms ofthis Regulation as from the same date;
Whereas the measures provided for in the present regulation are in
conformity with the opinion of the Management Committee for seeds,
HAS ADOPTED THIS REGULATION:
TITLE I
Specificsupplyarrangements
Article 1
For the purposes of Articles 2 and 3 of Regulation (EEC) No 1601/92
the quantity in the forecast supply balance of seed potatoes covered byCN code 0701 10 00 qualifying for exemption from customs duty on
imports into the Canary Islands or for Community aid for products
coming from the rest of the Community shall be 12 000 tonnes for theperiod 1 July 1999 to 30 June 2000.
Article 2
The aid provided for in Article 3(2) of Regulation (EEC) No 1601/92 for
the supply of seed potatoes to the Canary Islands from the Communitymarket in accordance with the forecast supply balance shall beeuro 4,226 per 100 kilograms.1992R2168 — EN — 01.07.1999 — 013.001 — 2
(1) OJ No L 173, 27. 6. 1992, p. 13.▼M13
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TITLE II
Aidfortheproductionofpotatoes
Article 6
1. The aid for the production of ware potatoes falling under headings
CN codes 0701 90 51, 0701 90 59 and 0701 90 90 as provided for byArticle 20 of Regulation (EEC) No 1601/92 is only paid for areas:
(a) which have been fully sown and had normal cultivation work carried
out upon them;
(b) for which an application has been submitted in accordance with
Article 7, such application to be treated as equivalent to adeclaration of the areas cultivated.
2. Where cultivation has not been proceeded until the ripening of the
product, the competent national authorities may accept cases of force
majeure and natural disasters having a major effect on the area farmed
by the declarant as justifying maintenance of the entitlement to aid.
All cases of force majeure or natural disasters as referred to in the
proceding subparagraph shall be notified within three days of the eventto the competent Spanish authority. Evidence thereof shall be providedwithin one month from such notification.
Spain shall notify the Commission of cases which they recognize as
cases of force majeure or as natural disasters.
Article 7
1. Any producer wishing to obtain aid shall submit an application to
the competent agency before a date to be fixed by Spain. This date shallbe fixed in a way that allows the necessary on-the-spot checks to be
carried out.
2. The application for aid shall at least include the following
particulars:
— the name, forenames and address of the applicant,
— the areas cultivated in hectares and in ares, the cadastral reference of
such areas or an indication recognized as equivalent by the agency
responsible for checking the areas.
3. Where the area for which the aid is requested exceeds the
maximum area as referred to in Article 20 of Regulation (EEC) No
1601/92, the aid shall be granted to the applicants in proportion to thearea as indicated in the request.
Article 8
Spain shall take the necessary control measures. These include the
measurement of a minimum number of fields for which the aid isrequested. Spain shall fix the minimum number of fields to be checkedand the criteria for their selection, and inform the Commission thereof.
Article 9
1. If the check indicates an excess of up to 10 % but of not more than
one hectare in the area declared, aid shall be calculated on the areameasured, less that excess.
2. If the excess exceeds the limits provided for in paragraph 1, the
application for the marketing year in question shall be rejected.Morevoer, the areas forming part of the applicant's holding during the
marketing year in question shall be ineligible for aid in the following
marketing year.
3. If, for reasons attributable to the applicant, a check cannot be
carried out Article 9 (2) shall apply, except in cases of force majeure .1992R2168 — EN — 01.07.1999 — 013.001 — 3
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▼B
Grounds for force majeure shall be supplied by the interested party in
writing, within ten days from the planned date of the check.
TITLE III
Restrictionsondeliveries duringsensitiveperiods
Article 10
1. Deliveries of ware potatoes falling within CN codes 0701 90 51,
0701 90 59 and 0701 90 90from third countries and the rest of the
Community to the Canary Islands during the sensitive periods of 1996,1997 and 1998 shown in the Annex shall be limited to the quantitiesgiven therein.
During this period the deliveries of the above-mentioned products must
be accompanied by a ‘potato delivery certificate’, hereafter referred to asa ‘certificate’.
2. The certificate shall be drawn up on the basis of the import licence
form in the Annex to Commission Regulation (EEC) No 3719/88.
Article 8 (3) and (5), and Article 10, Articles 13 to 16, 19 to 22, 24 to 31
and 33 to 37 of Regulation (EEC) No 3719/88 shall apply, mutatis
mutandis , subject to the provisions of this Regulation.
The rights resulting from the certificate shall not be transferable during
their period of validity.
The holders of certificates issued before 30 July 1997 which have not
been fully used up before the end of their period of validity may, for the
remaining quantities, request them to be replaced by certificates therights under which may not be transferred, or request them to becancelled and any security released.
3. The words ‘potato delivery certificate’ shall be printed or stamped
in the upper left-hand corner of the certificate.
4. The certificate shall be issued at the request of the parties
concerned exclusively by the competent authorities designated by Spain,subject to the quantity provided for in Article 10 (1). Issue of theexemption certificate shall be subject to the lodging of a security, theamount of which shall be fixed for each of the products in question.
The authorities may lay down a time limit for the issue of the certificate.
5. The request for the certificate must not concern a quantity which
exceeds the quantity available as regularly published by the competentauthorities.
6. Where the quantity for which a certificate is requested exceeds the
quantity referred to in Article 10 (1), the certificate shall be awarded tothe applicants in proportion to the quantities available.
7. Where certificates are issued for quantities which are less than
those requested, the operator concerned can withdraw his request, inwriting, within three working days following the issue of the certificate.The relative guarantee is also freed.
8. The application for the certificate and the certificate itself, shall be
marked in box No 24 with the words ‘certificate to be used for theCanary Islands’.
9. Proof of utilization of the certificate must be furnished within
thirty days following expiry of the period of validity of the certificate,
except in cases of force majeure .
10. The competent authorities administer the system of restrictions on
deliveries in a way that allows for the delivery of the quantity referred toin Article 10 (1) to the Canary Islands.1992R2168 — EN — 01.07.1999 — 013.001 — 4
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TITLE IV
Finalprovisions
Article 11
The rate to be applied for converting the aid per hectare as referred to in
Article 6 into national currency shall be the agricultural conversion rate
in force on the final date fixed for the submission of aid applications in
accordance with Article 7 (1).
Article 11a
The period of validity of certificates for delivery to the Canary Islands
from third countries and the rest of the Community of potatoes forhuman consumption falling within CN codes 0701 90 51, 0701 90 59and 0701 90 90 shall be limited to the last day of the month in which
they are issued.
Article 12
This Regulation shall enter into force on the day 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.1992R2168 — EN — 01.07.1999 — 013.001 — 5
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▼M11
▼B
▼M8
ANNEX
Allocationofthequantitiesreferred toinArticle10
(in tonnes)
Sensitive periods
(month)1996 1997 1998
April — 4 765 5 240
May — 3 219 3 540
June 274 301 332
July 194 213 235
August 194 213 235September 266 293 322
October 3 795 4 174 4 592
Total 4 723 13 178 14 4961992R2168 — EN — 01.07.1999 — 013.001 — 6