1992R1727 — EN — 01.07.1996 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 1727/92
of 30 June 1992
layingdowndetailedrulesforimplementationofthespecificarrangementsforthesupplyofcereal
products to the Azores and Madeira and establishing the forecast supply balance
(OJ L 179, 1.7.1992, p. 101)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 686/93 of 25 March 1993 L 73 10 26.3.1993
►M2 Commission Regulation (EEC) No 1727/93 of 30 June 1993 L 160 1 1.7.1993
►M3 Commission Regulation (EC) No 1075/94 of 10 May 1994 L 120 1 11.5.1994
►M4 Commission Regulation (EC) No 1740/94 of 15 July 1994 L 182 16 16.7.1994
►M5 Commission Regulation (EC) No 2426/94 of 6 October 1994 L 259 4 7.10.1994
►M6 Commission Regulation (EC) No 1563/95 of 30 June 1995 L 150 18 1.7.1995
►M7 Commission Regulation (EC) No 1590/95 of 30 June 1995 L 150 89 1.7.1995
►M8 Commission Regulation (EC) No 2270/95 of 27 September 1995 L 231 21 28.9.1995
►M9 Commission Regulation (EC) No 829/96 of 6 May 1996 L 112 5 7.5.1996
►M10 Commission Regulation (EC) No 1234/96 of 28 June 1996 L 161 101 29.6.1996
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).
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▼B
COMMISSION REGULATION (EEC) No 1727/92
of 30 June 1992
laying down detailed rules for implementation of the specific
arrangements for the supply of cereal products to the Azores and
Madeira and establishing the forecast supply balance
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June
1992 introducing specific measures in respect of certain agriculturalproducts for the benefit of the Azores and Madeira (
1), and in particular
Article 10 thereof,
Whereas Commission Regulation (EEC) No 1696/92 (2) lays down
common detailed rules for implementation of the specific arrangementsfor the supply of certain agricultural products to the Azores andMadeira;
Whereas Commission Regulation (EEC) No 3719/88 (
3), as last
amended by Regulation (EEC) No 92/91 (4), lays down in particular
detailed rules for import licences; whereas Commission Regulation(EEC) No 891/89 (
5), as lastamended by Regulat ion (EEC) No 337/
92 (6), lays down additional and exceptional detailed rules specific to
the cereals sector;
Whereas, in order to take account of trade practices specific to the
cereals sector, provision should be made for detailed rules supple-menting or derogating from the provisions of Regulation (EEC) No1696/92;
Whereas, pursuant to Article 2 of Regulation (EEC) No 1600/92, the
forecast supply balance for cereal products for the Azores and Madeirashould be drawn up, showing for the Azores the quantities required oneach island; whereas the balance must allow for interchange of thequantities determined for certain products and, if necessary, adjustmentduring the year of the overall quantity determined, in line with regionalrequirements;
Whereas provision should be made for the Member State to designate
the competent authority for issuing import licences and aid certificates,and for handling aid applications and payments;
Whereas a timetable for submitting licence and certificate applications
should be set, and also admissibility requirements for applications, inparticular as regards the lodging of securities; whereas, in addition, theperiod of validity of import licences and aid certificates should be fixedin accordance with supply needs and the requirements of sound admin-istration by granting, in view of the situation of the Azores andMadeira, a longer period of validity for aid certificates;
Whereas provision should be made for the adjustment of the aid granted
for the supply of cereal products originating in the Community on thebasis of the difference in the threshold price of the product in questionbetween the month of application for aid certificates and the month inwhich the certificates are used, in order to prevent, before the harvest,supply commitments which benefit from aid for the new marketingyear, and to take account of practices in the cereals sector;
(1) OJ No L 173, 27. 6. 1992, p. 1.
(2) See page 6 of this Official Journal.
(3) OJ No L 331, 2. 12. 1988, p. 1.
(4) OJ No L 11, 16. 1. 1991, p. 11.
(5) OJ No L 94, 7. 4. 1989, p. 13.
(6) OJ No L 36, 13. 2. 1992, p. 15.
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▼B
Whereas, to ensure the sound administration of the supply arrange-
ments, additional requirements should be laid down for the release ofthe security;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Pursuant to Article 2 of Regulation (EEC) No 1600/92 forecast
supply balance quantities eligible for exemption from duties on importsfrom third countries or for Community aid shall be as specified in theAnnex.
▼
M2
2. Without prejudice to any increase during the course of the finan-cial year of the overall quantity fixed for cereals, the respective quant-ities fixed for one or other of the cereals in question may be exceededby a maximum of 20 % provided the overall quantity is adhered to.Sorghum shall be treated as maize for the purposes of this Regulation.
▼
B
3. For the Azores the quantities indicated in paragraph 1 shall bebroken down by island of destination as follows:
— durum wheat and malt: São Miguel (entire amount),— breadmaking wheat:
(a) São Miguel: 60 %
(b) Terceira: 30 %
(c) Faial: 10 %,
— barley, maize and feed wheat:
(a) São Miguel: 75 %
(b) Terceira: 14 %
(c) Faial: 2,5 %
(d) São Jorge: 2 %
(e) Pico: 2 %
(f) Flores (Corvo): 1,5 %
(g) Santa Maria: 1,5 %(h) Graciosa: 1,5 %.
Article 2
The Member State shall designate the competent authority for:
(a) issuing importlicences;
(b) issuing the aid certificate provided for in Article 4 (1) of Regulation
(EEC) No 1696/92;
(c) payment of the aid to the operators concerned.
Article 3
The provisions of Regulation (EEC) No 1696/92 shall apply.
Article 4
▼
M6
1. Applications for licences and certificates shall be submitted to thecompetent authority during the first five working days of each month.Licence or certificate applications shall be admissible only if:
(a) they do not exceed the maximum quantity available when they are
lodged;
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▼M6
(b) prior to expiry of the time-limit laid down for submission of licence
and certificate applications, proof has been provided that the partyconcerned has lodged a security of ECU 23 per tonne.
▼
B
2. If licences and certificates are issued for quantities less than thequantities applied for, as a result of a single reduction coefficient beingfixed, operators may withdraw their applications in writing within atime limit of five working days following the date on which the reduc-tion coefficient is fixed.
Article 5
1. The period of validity of import licences shall expire on the last
day of the month following the month in which they were issued.
2. The period of validity of aid certificates shall expire on the last
day of the second month following the month in which they wereissued.
Article 6
▼
M6
The aid for supply shall be adjusted:
(a) in the case of all cereal products listed in the Annex with the
except ion of maize, grain sorghum, maltand common wheatmeal,for the period August to May of the same marketing year, by themonthly increase applicable to the intervention price fixed for thatmarketing year for the cereal in question, multiplied by the numberof months elapsing between the month in which the aid certificate isapplied for and the month in which each quantity is charged againstthe certificate. The first adjustment shall take place on the first dayof the calendar month following the day the certificate applicationis submitted;
(b) in the case of maize and grain sorghum, for the period November of
one marketing year to August of the following marketing year, bythe monthly increase applicable to the intervention price fixed forthe former marketing year for the cereal in question, multiplied bythe number of months elapsing between the month in which the aidcertificate is applied for and the month in which each quantity ischarged against the certificate. The first adjustment shall be madeon the first day of the calendar month following the day the certifi-cate application is submitted;
(c) in t he case of maltand durum wheatmeal, for t he period Augustt o
May of the same marketing year, by the monthly increase applic-able to the intervention price fixed for that marketing year, multi-plied on the one hand by the number of months elapsing betweenthe month in which the aid certificate is applied for and the monthin which each quantity is charged against the certificate and, on theother hand, by the processing coefficients 1,3 and 1,5 for malt anddurum wheat meal respectively. The first adjustment shall takeplace on the first day of the calendar month following the day thecertificate application is submitted;
(d) in the case of all products with the exception of maize and grain
sorghum, where the term of validity of the aid certificate extendsbeyond the end of the marketing year and for all supplies chargedagainst the certificate during the new marketing year, as follows:the aid shall be reduced by an amount equal to the differencebetween the intervention prices, not including monthly increases,for the former and the new marketing years and by an amount equalto the monthly increase for the new marketing year, multiplied bythe number of months from August inclusive to the month in whichthe certificate application is submitted;
▼
M8
(e) in the case of maize and grain sorghum, where the term of validity
of the aid certificate extends beyond the end of September, for allsupplies charged against the certificate from 1 October, as follows:the aid shall be reduced by an amount equal to the differencebetween the intervention price, not including monthly increases, for
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the former and the new marketing years and by an amount equal tothe monthly increase for the former marketing year, multiplied bythe number of months from November inclusive to the month inwhich the aid application is submitted.
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M6
However, the adjustments provided for in (d) and (e) shall not apply
where the operator provides proof to the satisfaction of the competentauthorities in the region of destination that:
— supplies of products other than maize and grain sorghum presented
for charging against the aid certificate were dispatched before 1 Julyand,
— in the case of maize and grain sorghum, supplies of products
presented for charging against the aid certificate were dispatchedbefore 1 October.
Such proof shall be constituted by the bill of lading or another transport
document providing sufficient guarantees and duly established at thetime of dispatch.
▼
B
Article 7
Securities shall be released if and when:
(a) the competent authority has not granted an application;
(b) the operator has withdrawn his application in accordance with
Article 4 (2);
(c) proof has been provided that the licence or certificate has been
used; the security shall then be released in proportion to the quant-ities entered on the licence or certificate;
(d) proof has been provided that the product concerned has become
unsuitable for use or it has not been possible to carry out theoperation as a force majeure .
Article 8
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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▼M10
ANNEX
AZORES AND MADEIRA: SUPPLY BALANCE FOR CEREALS FOR THE 1996/97
MARKETING YEAR
(in tonnes)
ProductCommon
breadmaking
wheatFeed wheatDurum
wheatBarley Maize Malt Total
Azores 34 000 — 500 41 000 73 000 1 000 149 500
Madeira 20 000 — 5 000 5 000 30 000 2 200 62 200
Total 54 000 — 5 500 46 000 103 000 3 200 211 700