1992R2177 — EN — 01.07.1993 — 002.001 — 1
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►B COMMISSION REGULATION (EEC) No 2177/92
of 30 July 1992
layingdowndetailedrulesfortheapplicationofthespecificsupplyarrangementsfortheAzores,
MadeiraandtheCanaryIslandswithregardtosugarandamendingRegulation(EEC)No2670/81
(OJ L 217, 31.7.1992, p. 71)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 821/93 of 5 April 1993 L 85 16 6.4.1993
►M2 Commission Regulation (EEC) No 1713/93 of 30 June 1993 L 159 94 1.7.1993
►M3 Commission Regulation (EEC) No 1788/93 of 30 June 1993 L 163 14 6.7.1993
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COMMISSION REGULATION (EEC) No 2177/92
of 30 July 1992
layingdowndetailedrulesfortheapplicationofthespecificsupply
arrangementsfortheAzores,MadeiraandtheCanaryIslandswith
regard to sugar and amending Regulation (EEC) No 2670/81
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June
1992 concerning specific measures for the Azores and Madeira relatingto certain agricultural products (
1), and in particular Article 10 thereof,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June
1992 concerning specific measures for the Canary Islands with regard tocertain agricultural products (
2), and in particular Articles 3 (4) and 7 (2)
thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the unit of account and the conversion rates to beapplied for the purposes of the common agricultural policy (
3), as last
amended by Regulation (EEC) No 2205/90 (4), and in particular Article
12 thereof,
Whereas common detailed rules for implementation of the specific
arrangements for the supply of certain agricultural products to theAzores and Madeira are laid down by Commission Regulation (EEC)No 1696/92 (
5) and whereas common detailed rules for implementation
of the specific arrangements for the supply of certain agricultural prod-ucts to the Canary Islands are laid down by Commission Regulation(EEC) No 1695/92 (
6);
Whereas Commission Regulation (EEC) No 3719/88 (7), as last
amended by Regulation (EEC) No 92/91 (8), lays down in particular
detailed rules for the application of the system of import licences;whereas Commission Regulation (EEC) No 2630/81 (
9), as lastamended
by Regulation (EEC) No 1170/92 (10), lays down special detailed rules
for the sugar sector in that connection; whereas those common andspecial detailed rules apply to imports of sugar under the specific supplyarrangements for the regions in question;
Whereas, for each region concerned, the quantity eligible, for the
marketing year in question, for exemption from the import levy or forCommunity aid under the specific supply arrangements provided for inArticle 3 of Regulation (EEC) No 1600/92 and Article 3 of Regulation(EEC) No 1601/92 respectively should be fixed on the basis of esti-mates;
Whereas, in line with the objectives set by the abovementioned specific
supply arrangements, provision should be made for granting aCommunity aid representing the refund required for exporting sugar orsugar syrups to the regions in question, without discrimination betweenthem;
Whereas the main objective of the specific supply arrangements for the
regions in question is to ensure coverage of their requirements on termsequivalent, for the end user, to the advantage resulting from exemption
(1) OJ No L 173, 27. 6. 1992, p. 1.
(2) OJ No L 173, 27. 6. 1992, p. 13.
(3) OJ No L 164, 24. 6. 1985, p. 1.
(4) OJ No L 201, 31. 7. 1990, p. 9.
(5) OJ No L 179, 1. 7. 1992, p. 6.
(6) OJ No L 179, 1. 7. 1992, p. 1.
(7) OJ No L 331, 2. 12. 1988, p. 1.
(8) OJ No L 11, 16. 1. 1991, p. 11.
(9) OJ No L 258, 11. 9. 1981, p. 16.
(10) OJ No L 122, 7. 5. 1992, p. 27.
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from import duties on products from third countries; whereas supplies
of sugar from other regions of the Community are ensured by virtue ofCommunity aid; whereas therefore the possibility of granting productionrefunds provided for in Article 9 (3) of Council Regulation (EEC) No1785/81 (
1), as lastamended by Regulat ion (EEC) No 61/92 (2),
designed in particular to put Community processors on the same footingas regards supplied as those on the world market, is not justified in thiscase;
Whereas, for the sake of sound management of the supply arrange-
ments, a sufficient security should be fixed and appropriate conditionslaid down for its release;
Whereas, to keep as close as possible to the provisions on export
refunds for sugar, itshould be laid down t hatif, following a change inthe prices fixed in ecus at the time of transition from one marketingyear to the next, an adjustment is made to export refunds, the amount ofthe aid is also to be adjusted accordingly for products on which, if theywere exported to third countries, the among of the refund would beadjusted;
Whereas, for the purposes of conversion into pesetas or escudos of the
amounts of aids, the rate to be applied should be the agriculturalconversion rate in force on the day on which the application for an aidcertificate is submitted so that not only the amount of the aid in ecus butalso that expressed in national currency is fixed in advance;
Whereas the specific supply arrangements for the Canary Islands
provided for in Article 3 of Regulation (EEC) No 1601/92 lay downthat the arrangements are to be implemented in such a way as to takeaccount in particular of traditional trade flows with the rest of theCommunity;
Whereas such trade flows exist in the case of deliveries of white C
sugar and raw C sugar within the meaning of Article 24 (1a) ofRegulation (EEC) No 1785/81; whereas, to safeguard that type of tradewith the Canary Islands, Madeira and the Azores, it should be specifiedin Commission Regulation (EEC) No 2670/81 of 14 September 1981laying down detailed implementing rules in respect of sugar productionin excess of the quota (
3), as lastamended by Regulat ion (EEC) No
3559/91 (4), that white C sugar and raw C sugar imported into these
regions under the import levy exemption scheme is to be regarded ashaving been exported to third countries within the meaning of Article26 (1) of Regulation (EEC) No 1785/81;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the purposes of application to the sugar sector of the supply
arrangements provided for in Article 3 of Regulation (EEC) No 1600/92and Article 3 of Regulation (EEC) No 1601/92 respectively, the quant-ities of sugar which qualify for the Community aid referred to inArticles 2, 3 and 4 of this Regulation or which qualify for exemptionfrom the import levy provided for in Article 3 (1) of Regulation (EEC)No 1600/92 and Article 3 (1) of Regulation (EEC) No 1601/92 respec-tively, shall be for the marketing year in question and by region, as setout in the Annex hereto.
2. Article 9 (3) of Regulation (EEC) No 1785/81 shall not apply to
white sugar, raw sugar and sucrose syrups qualifying for the
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 6, 11. 1. 1992, p. 19.
(3) OJ No L 262, 16. 9. 1981, p. 14.
(4) OJ No L 336, 7. 12. 1991, p. 26.
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Community aid scheme or for exemption from the exemption from the
importlevy referred t o in paragraph 1.
3. The C sugar referred to in Article 24 (1a) of Regulation (EEC) No
1785/81 exported in accordance with the relevant provisions of Regula-tion (EEC) No 2670/81 and imported for consumption into the CanaryIslands and Madeira in the form of white sugar falling within CN code1701 or into the Azores in the form of raw sugar falling within CN code1701 12 10 shall qualify, subject to the conditions laid down in thisRegulation, for exemption from the import levy within the limit of thecorresponding quantity fixed in the Annex hereto.
4. The quantities specified in the Annex hereto may be reduced or
increased during the marketing year in the light, in particular, of trendsin consumption and stocks.
Article 2
1. White sugar of Community origin produced under quotas within
the meaning of Article 24 (1a) of Regulation (EEC) No 1785/81 whichis sent to Madeira and the Canary Islands for consumption in thoseregions shall qualify, upon application to be submitted in accordancewith Article 4 of, as appropriate, Regulation (EEC) No 1600/92 orRegulation (EEC) No 1601/92, for the supply aid referred to in para-graph 2 of this Article.
2. The amount of the supply aid applicable on the day on which the
application is submitted shall be equal, per 100 kilograms of whitesugar, to the latest maximum amount of the export refund fixed forwhite sugar under the standing invitation to tender for export of whitesugar. Where two standing invitations to tenderare in progress simulta-neously, the maximum amount to be taken into consideration shall bethat fixed most recently in connection with the standing invitation totender issued for export for the following marketing year.
Article 3
1. Raw sugar of Community origin produced under The quotas
within the meaning of Article 24 (1a) of Regulation (EEC) No 1785/81and falling within CN code ex17011210 sent to the Azores for refiningand consumption in that region shall qualify, upon application to besubmitted in accordance with Article 4 of Regulation (EEC) No 1600/92, for the supply aid referred to in paragraph 2 of this Article.
2. The amount of the supply aid applicable on the day on which the
application is submitted shall be, per 100 kilogrames of raw sugar,92 % of the maximum amount referred to in Article 2 (2) of thisRegulation.
3. If the yield of the raw sugar sent is not 92 %, the amount of the
aid shall be adjusted by appliying Article 5 (3) of Council Regulation(EEC) No 766/68 (
1).
Article 4
1. Sucrose syrups falling within CN codes 1702 60 90, 1702 90 60,
1702 90 71 or 1702 90 90 produced under quotas within the meaning ofArticle 24 (1a) of Regulation (EEC) No 1785/81 which are sent toMadeira and the Canary Islands shall qualify, non upon application tobe submitted in accordance with Article 4 of, as appropriate, Regulation(EEC) No 1600/92 or of Regulation (EEC) No 1601/92, for the supplyaid referred to in paragraph 2 of this Article.
2. The amount of the supply aid applicable on the day on which the
application is submitted shall be equal, per 1 % of sucrose content andper 100 kilograms net of the syrup in question, to one hundreth of the
(1) OJ No L 143, 25. 6. 1968, p. 6.
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maximum amount in question referred to in Article 2 (2) of this Regula-
tion.
Article 5
1. the security in respect of the aid certificate shall be ECU 4.5 per
100 kilograms of sugar expressed in terms of white sugar.
2. Save in the case of force majeure , the security shall be released:
(a) where proof has been furnished within the time limit set that at least
95 % of the quantity specified on the certificate has been used;
(b) for the quantity for which the competent authority has not accepted
the application by reason of application of Article 5 of, as appro-priate, Regulation (EEC) No 1695/92 or of Regulation (EEC) No1696/92.
The security or the part of the security which is not released shall be
forfeited.
3. In the case of force majeure the competent authorities of the
Member State concerned shall adopt the measures which they deemappropriate in the circumstances invoked by the party concerned.
4. The aid certificate shall be valid from the date of actuel issue until
the end of the fifth month following that date but may not extendbeyond 30 June immediately following the date of actual issued.However, if the actual issue occurs in the month of June, the period ofvalidity shall run until the end of the fifth month thereafter.
Article 6
Where exportrefunds on whit e sugar or unprocessed raw sugar or
sucrose syrups referred to in Article 4 (1) are adjusted pursuant toArticle 12 of Regulation (EEC) No 766/68, the amounts of the supplyaid shall also be adjusted to the same extent as the refund on export tothird countries for the same product.
Article 7
Where one of the products qualifying for supply aid is sent from
mainland Spain to the Canary Islands, Madeira or the Azores, theamount of the aid in question shall be increased by the latest accessioncompensatory amount fixed by Commission Regulation (EEC) No 581/86 (
1) for the product in question.
▼M2
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Article 9
The following paragraph la shall be inserted in Article 1 of Regulation
(EEC) No 2670/81:
‘1a. Notwithstanding paragraph 1 (a), (b) and (d), where C sugar
is improted into the Canary Islands or into Madeira in the form ofwhite sugar falling within CN code 1701 or into the Azores in theform of raw sugar falling within CN code 1701 12 10 under thescheme of exemption from import levies provided for in Article 3 ofRegulation (EEC) No 1600/92 or Article 3 of Regulation (EEC) No1601/92, it shall be regarded as being exported to a third countrywithin the meaning of Article 26 (1) of Regulation (EEC) No 1785/
(1) OJ No L 57, 1. 3. 1986, p. 27.
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81 and originating in that third country for the purposes of theapplication of the said scheme.'
Article 10
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Itshall apply from 1 July 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
Quantitiesofsugarexpressedintermsoftonnesofwhitesugar,referredto
in Article 1 of this Regulation for the 1993/94 marketing year
Region Quantity
Azores 7 000
Madeira 10 000
Canary Islands 60 000