2001R1453 — EN — 01.04.2003 — 001.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1453/2001
of28June2001
introducing specific measures for certain agricultural products for the Azores and Madeira and
repealingRegulation(EEC)No1600/92(Poseima)
(OJ L 198, 21.7.2001, p. 26)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1782/2003 of 29 September 2003 L 270 1 21.10.2003
►M2Council Regulation (EC) No 55/2004 of 17 December 2003 L 8 1 14.1.2004
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COUNCILREGULATION(EC)No1453/2001
of28June2001
introducing specific measures for certain agricultural products for
the Azores andMadeira andrepealing Regulation (EEC) No 1600/
92(Poseima)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Articles 36, 37 and 299(2) thereof,
Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament (
1),
Whereas:
(1)By Decision 91/315/EEC (2) the Council adopted a programme
of options specific to the remote and insular nature of Madeiraand the Azores (Poseima) in accordance with the Community's
policy of assistance for the outermost regions. The purpose of
the programme is to facilitate the economic and social develop-ment of those regions and enable them to benefit from theadvantages of the single market of which they are an integralpart despite the objective factors leaving them geographically
and economically isolated. The programme calls for the CAP to
be applied in those regions and provides for special measures tobe adopted, in particular to improve the conditions in whichagricultural products are produced and marketed there and tomitigate the effects of their exceptional geographical situationand constraints as since recognised in Article 299(2) of the
Treaty.
(2)The particular geographical situation of Madeira and the Azores
imposes additional transport costs in supplying essential productsfor human consumption, for processing and as agriculturalinputs. In addition, objective factors arising as a result of insu-
larity impose further constraints on economic operators and
producers in these islands that severely handicap their activities.These handicaps can be alleviated by lowering the price of theseessential products. It is therefore appropriate to introducespecific supply arrangements to guarantee supply to these islands
and compensate for the additional costs arising from their remo-
teness, insularity and outermost location.
(3)To that end, notwithstanding Article 23 of the Treaty, imports ofthe products concerned from third countries should be exemptfrom the applicable import duties. To take account of their origin
and the customs treatment accorded to them under the Commu-
nity provisions, products which have entered the Community'scustoms territory under inward processing or customs ware-housing arrangements should be considered as direct imports,for the purpose of granting the benefits of the specific supplyarrangements.
(4)In order to achieve the goal of lowering prices in these regionsand mitigating the additional costs of their remoteness, insularityand outermost location while maintaining the competitiveness ofCommunity products, aid should be granted for the supply to the
islands of products of Community origin. Suchaid sh ould take
account of the additional cost of transport to Madeira and theAzores and the prices applied to exports to third countries and,in the case of agricultural inputs and products intended forprocessing, the additional costs of insularity and outermost loca-tion.2001R1453 — EN — 01.04.2003 — 001.002 — 2
(1) Opinion delivered on 14 June 2001 (not yet published in the Official
Journal).
(2) OJ L 171, 29.6.1991, p. 10.
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(5)Since the quantities covered by the specific supply arrangements
are limited to the supply requirements of these regions, those
arrangements do not impair the proper functioning of the internalmarket. In addition, the economic advantages of the specificsupply arrangements should not provoke deflections of trade inthe products concerned. Re-dispatching or re-exportation ofthose products from the Azores and Madeira should therefore
be prohibited. However, this prohibition does not apply to trade
flows between the regions of Madeira and the Azores. Nor doesit apply, where processing is concerned, subject to certain condi-tions, to exports to third countries to promote regional trade or totraditional consignments to the rest of the Community.
(6)The economic advantages of the specific supply arrangements
should be passed on so as to reduce production costs and bring
down prices throughout the production and distribution chain tothe end user, culminating in lower consumer prices. They shouldtherefore be granted only on condition that they are actuallypassed on, and monitoring must be carried out to that end.
(7)The area aid scheme for fruit and edible vegetables, roots and
tubers, flowers and live plants has proved unsuitable, especially
because of the slowness and complexity of procedures and theway the proposed aid was structured. Lessons should be learnedfrom the encouraging results of the Poseidom reform in thatsector, and marketing and processing aid should be envisaged
with a view to supplying the market in Madeira and the Azores.
Such aid should help local produce compete with products fromelsewhere on high-growth markets, better satisfy the require-ments of consumers and new distribution channels, improve theproductivity of farms and upgrade the quality of products. Themarketing of these products, both fresh and processed, should
be continued and they should be promoted on the Community
market. An economic study of eachregion will h elp to refinethe structure of the sector in these two regions.
(8)It is essential, for botheconomic and environmental reasons, tokeep vines, the most widespread crop, on Madeira. In order tohelp support domestic production, a flat-rate area aid is granted
for the cultivation of vines for producing quality wines produced
in specified regions. That aid also applies in the Azores.
(9)Likewise, market regulation mechanisms and abandonmentpremiums do not apply in these two regions.
(10)Agricultural producers in the Azores and Madeira should beencouraged to supply quality products and the marketing of these
should be assisted. Using the Community's graphic symbol might
help achieve this.
(11)Traditional livestock farming activities should be supported inMadeira in order to help meet local consumption needs. To thatend, derogations are needed from some of the provisions of thecommon market organisations which restrict production, to take
account of the development and particular conditions of local
production, which are quite different from those in the rest ofthe Community. This objective may also be pursued indirectlyby financing genetic improvement programmes involving thepurchase of pure-bred breeding animals, by purchasing commer-cial breeds more suited to local conditions and by supplementing
the suckler cow premium and the slaughter premium, and,
pending the development of local livestock farming, temporaryprovision should be made for the supply of male animals forfattening, the number of such animals to be supplied each yearbeing limited so as not to compromise the abovementioned
objective. The estimate of local consumption requirements is
drawn up in a periodic balance. To ensure that Communitysupport can be mobilised effectively, a comprehensiveprogramme to support local activities in the livestock and milkproducts sectors should enable the sectors concerned to defineand implement strategies tailored to the local context for2001R1453 — EN — 01.04.2003 — 001.002 — 3
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economic development, spatial organisation of production and
increasing the professionalism of producers.
(12)In Madeira, aid for human consumption of fresh cow's milk
products is paid to the dairies. This aid has not succeeded in
maintaining the balance between domestic and external supply,chiefly because of the serious structural difficulties affecting thesector and its poor capacity to adapt to new economic environ-ments. Consequently, it is planned to direct this aid, in thecontext of a supply balance, towards the collection of local
production linked withan auth orisation to produce reconstituted
UHT milk from milk powder of Community origin, witha viewto covering local consumption more fully.
(13)The need to maintain local production by way of incentivesjustifies not applying Regulation (EEC) No 3950/92 (
1). This
exemption should be established within the limit of 4 000 tonnes,
corresponding to the current production of 2 000 tonnes and to a
reasonable possibility of increased production estimated atpresent at a maximum of 2 000 tonnes.
(14)Potato production is essential in Madeira, for botheconomic andsocial and environmental reasons. The small size of farms andthe cost of inputs make for very high production costs. Specific
aid is granted for growing potatoes for human consumption in
order to support domestic production to satisfy the islands'consumption patterns.
(15)The aid for the cane-sugar-rum sector in Madeira is granted tosupport local production of the sugar cane needed to manufac-ture the products processed from it, within the limits of the
requirements arising from the methods traditionally used in the
region.
(16)Liqueur wines should continue to be prepared using traditionalmethods in the islands by facilitating the purchase of concen-trated musts and wine alcohol produced in the rest of theCommunity and by granting aid for the ageing of such wines.
To assist the efforts made to maintain the quality and authenti-
city of these products, aid should be granted for marketing them.
(17)Aid should be granted in Madeira for the production of wicker,which is important as a supplement to farming and provides alivelihood for family craft businesses in the most disadvantagedareas of the islands.
(18)Technical and socio-economic difficulties have prevented thefull conversion, on time, of areas planted withh ybrid vine vari-eties prohibited by the common organisation of the market inwine. The wine produced by such vineyards is intended solelyfor traditional local consumption; additional time will allowsuchvineyards to be converted wh ile preserving a regional
economic fabric very heavily reliant upon wine-growing.
Portugal should notify the Commission, each year, of theprogress made in converting the areas concerned.
(19)Milk production and cattle farming are the mainstay of the agri-cultural economy of the Azores, and support for the sectorshould take account of the crucial importance of these activities
in bothsocial and economic terms, especially for small farmers.
To ensure the survival of traditional activity in this sector, thesuckler cow premium and the aid for dairy cows should continueto be supplemented, within the limit of the available local quota.A supplement to the slaughter premium should be introduced
and aid granted for the disposal of surplus male bovines for
which no normal outlets can be found in the islands and whichmust be shipped to the rest of the Community at considerable2001R1453 — EN — 01.04.2003 — 001.002 — 4
(1) Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an
additional levy in the milk and milk products sector (OJ L 405, 31.12.1992,
p. 1). Regulation as last amended by Commission Regulation (EC) No 1256/
1999 (OJ L 160, 26.6.1999, p. 73).
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additional cost, given the particular geographical situation of the
region. To ensure that Community support can be mobilisedeffectively, a comprehensive programme to support local activ-
ities in the livestock and milk products sectors should enable
the sectors concerned to define and implement strategies tailoredto the local context for economic development, spatial organisa-tion of production and increasing the professionalism ofproducers.
(20)Agricultural activity in the Azores is highly dependent on milk
production. This dependence, combined with other handicaps
linked to their outermost location and the absence of viable alter-native production, is detrimental to their economic development.The needs of local consumption in those islands covered by localproduction should be taken into account and some of the provi-
sions of the common market organisation for milk and milk
products on limiting output should be derogated from for aperiod of four marketing years beginning in 1999/2000 in orderto take account of the level of development of and the conditionsfor local production. Although this measure derogates from thesecond subparagraphof Article 34(2) of th e Treaty, it is
restricted to milk producers in the Azores and is of marginal
economic impact when compared with the total quota forPortugal. It should enable the sector in the Azores to continuebeing restructured over the period of application of this measurewithout interfering with the milk market and without appreciably
affecting the sound working of the levy scheme at Portuguese or
Community level.
(21)With regard to crop cultivation in the Azores, the small cultiva-table area, the small size and fragmentation of farms and theextensive nature of production all make for high productioncosts. It is vital that these crops (beet, chicory, potatoes, tobacco,
pineapples, wine, tea, etc.) continue to be cultivated as an alter-
native to counterbalance the predominance of livestock farming,and to ensure this the aid granted to the local processing industryshould be continued.
(22)Furthermore, the making of liqueur wines in the Azores by tradi-tional methods should be continued, by granting aid for the
ageing of ‘verdelho’ wine.
(23)The plant health of agricultural crops in Madeira is subject to
particular problems associated with the climate and the inade-quacy of the control measures hitherto applied there.Programmes should be implemented to combat harmful organ-isms including by organic methods. The Community's financial
contribution towards suchprogrammes sh ould be specified.
(24)Regulation (EC) No 1257/1999 (1) lays down rural development
measures that may be granted Community support and sets outthe conditions for obtaining such support.
(25)This Regulation seeks to remedy the handicaps due to the remoteand insular nature of these regions.
(26)The structures of certain agricultural holdings or processing and
marketing enterprises located in these regions show serious
shortcomings and are beset with specific difficulties. Provisionshould accordingly be made for derogations for certain types ofinvestments from the provisions limiting or preventing the grantof some structural aid provided for in Regulation (EC) No 1257/1999.
(27)Article 29(3) of Regulation (EC) No 1257/1999 restricts thegrant of forestry support to forests and wooded areas belongingto private owners and municipalities and associations thereof.2001R1453 — EN — 01.04.2003 — 001.002 — 5
(1) Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural
development from the European Agricultural Guidance and Guarantee Fund
(EAGGF) and amending and repealing certain Regulations (OJ L 160,
26.6.1999, p. 80).
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Part of the forests and wooded areas located in these regions
belong to public authorities other than municipalities. Underthese circumstances, the conditions laid down in the said Article
should be made more flexible.
(28)The Community financial contribution for three of the accompa-
nying measures referred to in Article 35(1) of Regulation (EC)No 1257/1999 may amount in the outermost regions to up to85 % of the total eligible cost. On the other hand, in accordance
with the third indent of the second subparagraph of Article 47(2)
of Regulation (EC) No 1257/1999, the Community financialcontribution for agri-environmental measures, which constitutesthe fourth accompanying measure, should be limited to 75 %for all areas covered by Objective 1. In view of the importanceattributed to agri-environment within the context of rural devel-
opment, the rate of the Community financial contribution should
be harmonised for all accompanying measures in the outermostregions.
(29)Article 24(2) of Regulation (EC) No 1257/1999 and the Annexthereto determine the maximum amounts per year eligible forCommunity agri-environmental aid. To take into account the
specific environmental situation of certain very sensitive pasture
areas in the Azores and the preservation of the landscape andtraditional features of agricultural land, in particular the areasof terrace cultivation in Madeira, provision should be made forthe possibility, in the case of certain specific measures, of
increasing those amounts up to twofold.
(30)Pursuant to Article 14 of Regulation (EC) No 1260/1999 (1),
eachplan, Community support framework, operationalprogramme and single programming document should cover aperiod of seven years, and the programming period should beginon 1 January 2000. In the interests of cohesiveness and to avoid
discrimination between beneficiaries of the same programme, the
derogations provided for in this Regulation should, exception-ally, be applicable to the whole programming period.
(31)A derogation may be granted from the Commission's consistentpolicy of not authorising State operating aid for the production,processing and marketing of agricultural products covered by
Annex I to the Treaty in order to mitigate the specific constraints
on farming in the Azores and Madeira as a result of their remo-teness, insularity and outermost location, small area,mountainous terrain, climate and their economic dependency ona small number of products.
(32)The measures necessary for the implementation of this Regula-tion should be adopted in accordance with Council Decision1999/468/EC of 28 June 1999 laying down the procedures forthe exercise of implementing powers conferred on the Commis-sion(
2),
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down specific measures to remedy the difficulties
caused by the remoteness, insularity and outermost location of theAzores and Madeira in respect of certain agricultural products.2001R1453 — EN — 01.04.2003 — 001.002 — 6
(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down
general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1).
(2) OJ L 184, 17.7.1999, p. 23.
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TITLE I
SPECIFICSUPPLYARRANGEMENTS
Article 2
Specific supply arrangements are hereby introduced for the agricultural
products listed in Annexes I and II to this Regulation, which are essen-
tial for human consumption, for processing and as agricultural inputs in
the Azores and Madeira.
A forecast supply balance shall be drawn up stating the quantity of the
agricultural products listed in Annexes I and II needed to meet supply
requirements eachyear. A separate forecast balance may be drawn up
for the requirements of the industries processing and packagingproducts intended for the local market, for export under certain condi-tions to third countries or for traditional consignment to the rest of theCommunity.
Article 3
1. No duties shall apply to direct imports into the Azores and
Madeira of products covered by the specific supply arrangements ifthey originate in third countries, within the limit of the quantities deter-
mined in the supply balance.
Products which have entered the Community's customs territory under
inward processing or customs warehousing arrangements shall beconsidered as direct imports for the purposes of this Title.
2. To ensure coverage of the requirements established in accordance
withArticle 2 in terms of quantity, price and quality, wh ile taking careto maintain the Community's share in supplies, aid shall be granted tosupply the Azores and Madeira with Community products held in
public intervention storage or available on the Community market.
Such aid shall be fixed to take account of the additional cost of trans-
port to the Azores and Madeira and the prices applied to exports tothird countries and, in the case of agricultural inputs and products
intended for processing, the additional costs of insularity and outermost
location.
3. In implementing the specific supply arrangements, account shall
be taken, in particular, of the following:
— the specific requirements of the Azores and Madeira and, in the
case of products intended for processing and agricultural inputs,
the specific quality requirements,
— trade flows with the rest of the Community,— the economic aspect of the proposed aid.
4. Entitlement under the specific supply arrangements shall be
subject to the condition that the economic advantage derived either
from exemption from import duties or from aid in the case of supplyfrom the rest of the Community is actually passed on to the end user.
5. Products covered by the specific supply arrangements may not be
re-exported to third countries or re-dispatched to the rest of the
Community. This prohibition shall not apply to trade flows betweenthe Azores and Madeira.
Where the products concerned are processed in the Azores or Madeira,
the aforesaid prohibition shall not apply to exports of the processed
products from the Azores or Madeira to third countries, in accordancewith the conditions laid down by the Commission under the procedurereferred to in Article 35(2).
Where the products concerned are processed in the Azores or Madeira,
the aforesaid prohibition shall not apply to traditional shipments of theprocessed products to the rest of the Community.
No export refund shall be granted.2001R1453 — EN — 01.04.2003 — 001.002 — 7
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6. Detailed rules for applying this Title shall be adopted in accor-
dance with the procedure referred to in Article 35(2). These shallinclude:
— the fixing of aid for supply from the rest of the Community,
— provisions to ensure that the advantages granted are actually passed
on to the end user,
— introduction if necessary of a system of import or delivery licences.
The Commission shall draw up supply balances in accordance with the
procedure referred to in Article 35(2). It may revise those balances, andthe list of products in Annexes I and II, in accordance with the sameprocedure, in the light of changes in the Azores' and Madeira's require-
ments.
When determining the Azores' raw sugar requirements, account shall be
taken of the development of local production of sugar beet. The quan-tities covered by the supply arrangements shall be determined so as toensure that the total volume of sugar refined in the Azores each year
does not exceed 10000 tonnes.
Article 9 of Regulation (EEC) No 2038/1999 (
1) shall not apply to the
Azores.
TITLE II
MEASURESTOASSISTLOCALPRODUCTS
CHAPTER I
MEASURESCOMMONTOBOTHREGIONS
SECTION 1
Livestock
Article 4
1. In the livestock sector, aid shall be granted for the supply to the
Azores and Madeira of pure-bred animals, animals of commercialbreeds and livestock products, originating in the Community, excludingpure-bred bovine animals to the Azores.
2. The terms for granting aid shall be laid down taking account, in
particular, of the supply requirements of the Azores and Madeira forstarting up production and genetic improvement of livestock and theneed for the breeds best suited to local conditions. The aid shall be
paid for the delivery of goods which fulfil the requirements specified
in Community rules.
3. The following shall be taken into account when aid is being
fixed:
— the conditions and in particular the costs of supply to the Azores
and Madeira resulting from their geographical situation;
— the price of products on the Community market and on the world
market;
— whether or not duties are charged on imports from third countries;
— the economic aspect of the proposed aid.
4. Article 3(4) and (5) shall apply to goods qualifying for aid under
paragraph1 of th is Article.
5. The list of products covered, the level of the aid referred to in
paragraph 1 of this Article and the detailed rules for applying this
Article shall be adopted in accordance with the procedure referred toin Article 35(2).2001R1453 — EN — 01.04.2003 — 001.002 — 8
(1) Council Regulation (EEC) No 2038/1999 of 13 September 1999 on the
common organisation of the markets in sugar (OJ L 252, 25.9.1999, p. 1).
Regulation as last amended by Commission Regulation (EC) No 907/2001
(OJ L 127, 9.5.2001, p. 28).
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SECTION 2
Fruit, vegetables, plants and flowers
Article 5
1. Aid shall be granted in respect of the fruits, vegetables, flowers
and live plants listed in Chapters 6, 7 and 8 of the Combined Nomen-
clature, tea falling within CN code 0902, honey falling within CN code0409 00 and fruits of the genus Capsicum and the genus Pimentafalling within CN code 0904, harvested or produced locally andintended to supply the markets of the respective production regions.This aid shall not be granted for bananas grown in Madeira.
The aid shall be granted for products which conform to common stan-
dards fixed by Community legislation or, where no such standardsexist, to specifications written into the supply contracts.
Grant of the aid shall be subject to the conclusion of supply contracts
lasting one or more years between individual producers or producergroups, or producer organisations as referred to in Articles 11, 13 and
14 of Regulation (EC) No 2200/96 (
1) and the food industry or distribu-
tors, restaurants and the like or local authorities.
The aid shall be paid out to the abovementioned individual producers,
producer groups or producer organisations within the limits of annualquantities established for each product category.
The amount of the aid shall be fixed on a flat-rate basis for each of the
product categories to be determined, based on the average value of the
products covered. The amount of aid shall be differentiated according
to whether or not the beneficiary is one of the producer organisationsreferred to in Articles 11, 13 and 14 of Regulation (EC) No 2200/96.
2. This Article shall not apply to pineapples produced in the Azores.3. Detailed rules for applying this Article shall be adopted in accor-
dance with the procedure referred to in Article 35(2). The product
categories and amounts of aid referred to in paragraph1 sh all be fixed
in accordance withth e same procedure.
Article 6
1. Aid shall be granted for the conclusion of annual contracts
concerning the marketing of fresh and processed products included inthe products referred to in Article 5(1). In the case of plants andflowers, aid shall not be subject to the conclusion of an annual
contract.
This aid shall be paid up to a limit of a volume of 3 000 tonnes per
product per year for eachof th e two regions.
The contracts shall be concluded between individual producers or
producer groups or producer organisations referred to in Articles 11,13 and 14 of Regulation (EC) No 2200/96 which are established inthe islands and natural or legal persons established in the rest of the
Community.
2. The amount of the aid shall be 10 % of the value of the produc-
tion marketed, free at destination.
3. The aid shall be granted to sellers who have concluded a contract
as referred to in paragraph 1 with an operator established in the rest ofthe Community.
4. Where the measures provided for in paragraph 1 are undertaken
by joint ventures constituted, withth e aim of marketing produce fromthe regions concerned, by producers or producer organisations or asso-2001R1453 — EN — 01.04.2003 — 001.002 — 9
(1) Council Regulation (EC) No 2200/96 of 28 October 1996 on the common
organisation of the market in fruit and vegetables (OJ L 297, 21.11.1996,
p. 1). Regulation last amended by Regulation (EC) No 2826/2000 (OJ L
328, 23.12.2000, p. 2).
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ciations in those regions and natural or legal persons established in the
rest of the Community, and where the partners undertake to pool theknowledge and know-how required to achieve the objective of the joint
venture over a minimum period of three years, the amount of the aid
specified in paragraph 2 shall be increased to 13 % of the value ofthe annual production marketed jointly.
5. Detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure referred to in Article 35(2).
Article 7
1. The Community shall contribute up to a maximum of EUR
100000 towards the financing of two economic analyses and forward
studies of the fresh and processed fruit and vegetable sector in each of
the two regions, paying particular attention to tropical produce.
The study shall produce an economic and technical assessment of the
sector in eachregion. It sh all pay particular attention to supply data
and processing costs and examine the conditions and scope for devel-opment and sales at regional and international level, having regard tocompetition on the world market.
2. Detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure referred to in Article 35(2).
SECTION 3
Wine
Article 8
Chapter II of Title II and Chapters I and II of Title III of Regulation
(EC) No 1493/1999 (1) and Chapter III of Regulation (EC) No 1227/
2000 (2), shall not apply to the Azores and Madeira.
Article 9
1. A flat-rate aid per hectare shall be granted for the continued culti-
vation of vines for the production of quality wines psr in the traditional
production zones.
The following areas shall be eligible for aid:
(a) areas planted to vine varieties included among the varieties classi-
fied by the Member States as being suitable for the production ofeach of the quality wines psr produced in their territory, as referred
to in Article 19 of Regulation (EC) No 1493/1999, and
(b) areas where the yield per hectare is lower than a maximum to be
fixed by the Member State, expressed as quantities of grapes, grapemusts or wine, under the terms of Annex VI(I) to Regulation (EC)No 1493/1999.
2. The amount of the aid shall be EUR 650 per hectare per year.
The aid shall be paid to producer groups or their associations.However, the aid shall also be granted to individual producers during
a transitional period. During that period, all the aid shall be paid
through the Wine Institute of Madeira and the Wine-growing Commis-sion of the Azores, in accordance with rules to be laid down inaccordance withth e procedure referred to in Article 35(2).
3. Detailed rules for applying this Article shall be adopted as neces-
sary in accordance withth e procedure referred to in Article 35(2).2001R1453 — EN — 01.04.2003 — 001.002 — 10
(1) Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common
organisation of the market in wine (OJ L 179, 14.7.1999, p. 1). Regulation
as last amended by Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000,p. 2).
(
2) Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down
detailed rules for the application of Council Regulation (EC) No 1493/1999
on the common organisation of the market in wine, as regards production
potential (OJ L 143, 16.6.2000, p. 1).
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Article 10
1. Notwithstanding Article 19(1) of Regulation (EC) No 1493/1999,
grapes from prohibited direct-producer hybrid vine varieties (Noah,Othello, Isabelle, Jacquez, Clinton and Herbemont) harvested in theAzores and Madeira may be used for the production of wine which
must remain within those regions.
2. By 31 December 2006 Portugal shall have gradually eliminated
vineyards planted with prohibited direct-producer hybrid vine varieties,
with, where appropriate, the support provided for in Chapter III, TitleII, of Regulation (EC) No 1493/1999.
3. Portugal shall notify the Commission, each year, of the progress
made in converting and restructuring areas planted withproh ibiteddirect-producer hybrid vine varieties.
SECTION 4
Graphic symbol
Article 11
1. The conditions for using the graphic symbol introduced with a
view to ensuring greater awareness and consumption of quality agricul-
tural products, whether natural or processed, specific to the Azores andMadeira as outermost regions, shall be proposed by the professionalorganisations. The Portuguese authorities shall forward such proposals,with their opinion, to the Commission for approval.
Use of the symbol shall be monitored by an official authority or a body
approved by the competent Portuguese authorities.
2. Detailed rules for applying this Article shall be adopted as neces-
sary in accordance withth e procedure referred to in Article 35(2).
CHAPTER II
MEASURESTOASSISTLOCALPRODUCTSINMADEIRA
SECTION 1
Livestock and milk products
Article 12
1. Until the local numbers of young male bovines reach a level
sufficient to maintain traditional beef production, and within the limitof the balance referred to in Article 12:
(a) the customs duties referred to in Article 30 of Regulation (EC) No
1254/1999 (
1) shall not be applied to imports of bovine animals
from third countries for on-site fattening and consumption in theislands;
(b) aid shall be granted for the supply of animals as referred to in (a)
originating in the Community, up to a limit of 1000 head. Priorityshall be given to producers holding animals for fattening at least50 % of which are of local origin.
Article 3(4) and (5) shall apply to goods qualifying for the measures
referred to in the first subparagraph of this Article.
2. The numbers of animals qualifying for the measures referred to in
paragraph 1 of this Article shall be determined in a periodic forecastsupply balance, taking account of the development of local production.These numbers, the amount of the aid referred to in paragraph 1(b) of
this Article and detailed rules for applying this Article, including in
particular the minimum duration of the fattening period, shall be fixedin accordance withth e procedure referred to in Article 35(2).2001R1453 — EN — 01.04.2003 — 001.002 — 11
(1) Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common
organisation of the market in beef and veal (OJ L 160, 26.6.1999, p. 21).
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Article 13
1. The aid provided for in paragraphs 2 and 3 of this Article shall be
granted to assist traditional activities connected withbeef and vealproduction and measures to improve product quality, within the limitsof the consumption needs of Madeira as assessed in the context of a
periodic supply balance. The balance shall also take account of
breeding animals supplied under Article 4 and animals covered by thespecific supply arrangements provided for in Article 12.
2. A supplement to the slaughter premium provided for under
Article 11 of Regulation (EC) No 1254/1999 shall be paid to producersfor each locally fattened animal slaughtered. The amount of the supple-ment shall be EUR 25 per head. The supplement to the premium shallbe granted annually within the limit of 2 500 slaughtered animals.
3. A supplement to the premium for maintaining suckler cows
provided for in Article 6 of Regulation (EC) No 1254/1999 shall be
paid to beef and veal producers. The amount of this supplement shall
be EUR 50 per suckler cow held by the producer on the day on whichthe application is submitted.
4. The provisions relating to:
(a) the regional ceiling laid down by Article 4 of Regulation (EC) No
1254/1999 as regards the special premium;
(b) the individual ceiling for animals kept on the holding as laid down
in Article 6 of Regulation (EC) No 1254/1999, as regards the basicsuckler cow premium;
(c) the national ceiling referred to in Article 11 of Regulation (EC) No
1254/1999 as regards the basic slaughter premium
shall not apply in Madeira in the case of the special premium, the
suckler cow premium, the slaughter premium or the supplementary
premiums referred to in paragraphs 2 and 3 of this Article.
5. The basic premiums and the supplementary premiums referred to
in paragraph3 sh all be granted eachyear for a maximum of 2 000
male bovine animals, 1 000 suckler cows and 6000 slaughtered
animals, respectively.
6. Detailed rules for applying this Article shall be adopted in accor-
dance with the procedure referred to in Article 35(2). They shall coverdrawing up the balances referred to in paragraph 1 of this Article andany reviews to take account of changing requirements and,
(a) as regards the special premium for male bovine animals, they shall
provide for:
— the ‘freezing’, within the regional ceiling set in Article 4 of
Regulation (EC) No 1254/1999, of the number of animals for
which the special premium was granted in Madeira for the
year 2000,
— the grant of premiums within the limit of 90 animals per age
group, per calendar year and per holding;
(b) as regards the suckler cow premium, these detailed rules:
— shall include provisions to guarantee, to the extent necessary,
the rights of producers to whom a premium has been grantedunder Article 6 of Regulation (EC) No 1254/1999,
— may provide for the establishment of a specific reserve for
Madeira and special conditions for allocating or reallocatingrights, taking into account the objectives pursued in the live-stock farming sector; the size of the reserve shall bedetermined on the basis of the ceiling set in paragraph 5 andthe number of premiums granted for the year 2000.2001R1453 — EN — 01.04.2003 — 001.002 — 12
▼B
(c) as regards the slaughter premium, they shall provide for:
— the ‘freezing’, within the ceiling set in Article 38(1) of Regula-
tion (EC) No 2342/1999 (1), of the number of animals for which
the slaughter premium was granted for 2000.
The detailed implementing rules may include additional conditions for
granting supplementary premiums.
The Commission may review the ceilings fixed in paragraph 5 in
accordance withth e same procedure.
Article 14
1. During the period 2002—2006, aid shall be granted to implement
a comprehensive programme to support the production and marketingof local produce in the livestock and milk products sectors in Madeira.
The programme may include measures to encourage improved quality
and hygiene, marketing, sector structuring, the rationalisation of
production and marketing structures, local communication relating toquality products and the provision of technical assistance. Theprogramme may not include the grant of aid in addition to thepremiums paid under Articles 13 and 15.
The programme shall be prepared and implemented by the competent
authorities designated by the Member State, working in close colla-
boration with the most representative producer organisations or theirassociations in the sectors concerned.
2. Detailed rules for applying this Article shall be laid down in
accordance withth e procedure referred to in Article 35(2). Draftprogrammes, to run for no more than five years, shall be presented tothe Commission by the competent authorities; the Commission shall
approve them in accordance with the procedure referred to in Article
35(2).
3. Each year the Portuguese authorities shall present a report on
implementation of the programme. Before the end of 2005, theCommission shall submit to the European Parliament and to theCouncil an evaluation report on the application of the measure referred
to in this Article, accompanied if applicable by appropriate proposals.
Article 15
1. The aid provided for in paragraph 2 below shall be granted to
assist traditional activities connected withcow's milk production and
measures to improve product quality, within the limits of the consump-tion needs of Madeira as assessed in the context of a periodic supplybalance. The balance shall take account of the milk products coveredby the supply arrangements referred to in Article 2.
2. Aid shall be granted for the human consumption of locally
produced fresh cow's milk products, within the limits of the consump-
tion needs of Madeira as assessed periodically.
The amount of the aid shall be EUR 12/100 kg of whole milk delivered
to a dairy in order to ensure the regular disposal of the aforementionedproducts on the local market. The aid shall be paid to the dairies.2001R1453 — EN — 01.04.2003 — 001.002 — 13
(1) Commission Regulation (EC) No 2342/1999 of 28 October 1999 laying
down detailed rules for the application of Council Regulation (EC) No
1254/1999 on the common organisation of the market in beef and veal as
regards premium schemes (OJ L 281, 4.11.1999, p. 30). Regulation as last
amended by Commission Regulation (EC) No 192/2001 (OJ L 29,
31.1.2001, p. 7).
▼B
3. The additional levy scheme applicable to producers of cow's milk
provided for in Regulation (EEC) No 3950/92 (1) shall not apply in
Madeira, within the limit of local production of 4 000 tonnes of milk.
4. Notwithstanding Articles 2 and 3 of Regulation (EC) No 2597/
97 (2), the production in Madeira of UHT milk reconstituted from
milk powder originating in the Community shall be authorised withinthe limits of local consumption requirements, insofar as this measureensures that locally produced milk is collected and finds outlets. Thisproduct shall be intended for local consumption only.
5. The Commission shall review the aid referred to in paragraph 2
of this Article and adopt detailed rules for applying this Article in
accordance with the procedure referred to in Article 35(2). The detailedrules shall determine, in particular, the quantity of locally producedfreshmilk to be incorporated into th e reconstituted UHT milk referredto in paragraph4 of th is Article.
SECTION 2
Potatoes
Article 16
1. Aid per hectare shall be granted for the cultivation of potatoes for
human consumption falling within CN codes 0701 90 50 and
0701 90 90.
The annual amount of the aid shall be EUR 596,9 per hectare per year.The aid shall be paid up to a limit of 2 000 hectares cultivated and
harvested per year.
2. Detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure referred to in Article 35(2).
SECTION 3
Cane-sugar-rum
Article 17
1. Flat-rate area aid shall be granted each year to sugar-cane
growers.
2. The amount of the aid shall be EUR 500 per hectare planted and
harvested per year. The aid shall be paid for up to 100 hectares.
Article 18
1. Aid shall be granted for the direct processing of sugar cane
produced in Madeira into sugar syrup (mel de cana) or agricultural
rum as defined in Article 1(4)(a) of Regulation (EEC) No 1576/89 (3).
The aid shall be paid to manufacturers of sugar syrup or to distillers on
condition that they have paid the sugar cane producer a minimumprice, to be determined.2001R1453 — EN — 01.04.2003 — 001.002 — 14
(1) Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an
additional levy in the milk and milk products sector (OJ L 405, 31.12.1992,
p. 1). Regulation as last amended by Regulation (EC) No 1256/1999 (OJ L
160, 26.6.1999, p. 73).
(2) Council Regulation (EC) No 2597/97 of 18 December 1997 laying down
additional rules on the common organisation of the market in milk and
milk products for drinking milk (OJ L 351, 23.12.1997, p. 13).
(3) Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general
rules on the definition, description and presentation of spirit drinks (OJ L 160,
12.6.1989, p. 1). Regulation as last amended by Regulation (EC) No 3378/
94 of the European Parliament and of the Council (OJ L 366, 31.12.1994,
p. 1).
▼B
2. The aid shall be granted for the production of an annual quantity
of 250 tonnes of sugar syrup and 2 500 hectolitres of alcohol at 71,8º inthe case of agricultural rum.
Article 19
The amount of the aid provided for in Articles 17 and 18, the minimum
price to be paid to producers and the detailed rules for applying theabove Articles shall be adopted in accordance with the procedurereferred to in Article 35(2).
SECTION 4
Wine
Article 20
1. The aid provided for in this Article shall be granted to assist the
preparation of Madeira liqueur wines within the limits of the require-
ments arising from the methods traditionally used in the region.
2. Aid shall be granted to purchase rectified concentrated musts in
the rest of the Community for use in wine-making to sweeten the
liqueur wines concerned.
3. Aid shall be granted for the purchase of wine alcohol.
Terms for this specific outlet shall be laid down to ensure that the
markets for alcohol and spirit drinks in the Community are not
disturbed.
4. The following shall be taken into account when the amount of aid
is being fixed:
(a) the conditions and in particular the costs of supply to Madeira
resulting from its geographical situation;
(b) the price of products on the Community market and on the world
market;
(c) the economic aspect of the proposed aid.
No refund shall be granted on exports from Madeira of musts and wine
alcohol.
5. Aid shall be granted for the ageing of Madeira liqueur wines up
to a maximum of 20 000 hectolitres each year. The aid shall be paid forliqueur wines which require five years' ageing or more. It shall be paidfor eachlot during th ree marketing years.
The amount of the aid shall be EUR 0,040 per hectolitre per day.6. Temporary aid shall be granted each year for the shipment of
Madeira wine and its marketing on Community markets.
The aid shall amount to EUR 0,2 per bottle, up to a limit of 2,5 million
litres per year.
7. Detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure referred to in Article 35(2).
SECTION 5
Wicker
Article 21
1. Flat-rate area aid shall be granted each year to wicker growers.
2. The amount of the aid shall be EUR 575 per hectare of area
planted and harvested, up to a limit of 200 hectares.
3. Detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure referred to in Article 35(2).2001R1453 — EN — 01.04.2003 — 001.002 — 15
▼B
CHAPTER III
MEASURESTOASSISTLOCALPRODUCTS
SECTION 1
Livestock and milk products in the Azores
Article 22
1. The aid provided for in this Article shall be granted to support
essential traditional economic activities in the beef and veal and milksectors in the Azores.
2. A supplement to the slaughter premium provided for in Article 11
of Regulation (EC) No 1254/1999 shall be paid to producers for each
animal slaughtered. The amount of the supplement shall be EUR 25 perhead.
3. A supplement to the premium for maintaining suckler cows
provided for in Article 6 of Regulation (EC) No 1254/1999 shall bepaid to beef and veal producers. The amount of this supplement shall
be EUR 50 per suckler cow held by the producer on the day on which
the application is submitted.
4. The provisions relating to:
(a) the regional ceiling laid down by Article 4 of Regulation (EC) No
1254/1999 as regards the special premium;
(b) the national ceiling referred to in Article 11 of Regulation (EC) No
1254/1989 as regards the basic slaughter premium;
shall not apply in the Azores in the case of the special premium, the
slaughter premium or the supplementary premium referred to in para-graph2 of th is Article.
5. The basic and supplementary premiums referred to in paragraph 2
shall be granted each year for a maximum of 40 000 male bovine
animals and 33000 slaughtered animals, respectively.
6. Detailed rules for applying this Article shall be adopted in accor-
dance with the procedure referred to in Article 35(2). They shall coverany reviews to take account of changing requirements and shall providefor:
(a) as regards the special premium for male bovine animals:
— the ‘freezing’, within the regional ceiling set in Article 4 of
Regulation (EC) No 1254/2000, of the number of animals for
which the special premium was granted in the Azores for the
year 2000,
(b) as regards the slaughter premium:
— the ‘freezing’, within the ceiling set in Article 38(5) of Regula-
tion (EC) No 2342/2000, of the number of animals for whichthe slaughter premium was granted for the year 2000.
The detailed implementing rules may include additional conditions for
granting supplementary premiums.
The Commission may review the ceilings fixed in paragraph 5 in
accordance withth e same procedure.
7. A specific premium shall be granted to maintain the dairy herd,
up to a maximum of 78 000 head.
The premium shall be paid to producers. The amount of this premium
shall be EUR 96,6 per cow held by the producer on the day on whichthe application is submitted.
8. Aid shall be granted for the private storage of traditionally manu-
factured cheeses:
— S. Jorge, at least three months old,
— Ilha, at least 45 days old.2001R1453 — EN — 01.04.2003 — 001.002 — 16
▼B
The amount of the aid shall be fixed in accordance with the procedure
referred to in paragraph10.
9. Aid shall be introduced to dispose of young male bovine animals
born in the Azores in other regions of the Community.
The aid shall amount to EUR 40 per head shipped, and shall be granted
for up to 20000 animals to producers who have kept those animals for
at least three months before shipment.
10. Detailed rules for applying this Article shall be adopted, as
appropriate, in accordance withth e procedure referred to in Article35(2).
Article 23
1. As from marketing year 1999/2000, for the purposes of sharing
the additional levy between the producers referred to in the second
sentence of Article 2(1) of Regulation (EEC) No 3950/92, only produ-cers as defined in Article 9(c) of that Regulation, established andproducing in the Azores, who market quantities exceeding their refer-ence quantity increased by the percentage referred to in the thirdsubparagraph shall be deemed to have contributed to the overrun.
The additional levy shall be due on quantities exceeding the increased
reference quantity after reallocation of the unused quantities within themargin resulting from this increase among the producers referred to inthe first paragraph and in proportion to the reference quantity available
to eachproducer.
The percentage referred to in the first paragraph shall be equal to the
ratio between the quantities respectively of 73000 tonnes for theperiod 1999/2000 to 2004/2005 and 23 000 tonnes as from marketingyear 2005/2006 and the total of the reference quantities available on
each holding on 31 March 2000. It shall apply for each producer only
to the reference quantities available to that producer on 31 March 2000.
2. The quantities of milk or milk equivalent marketed which exceed
the reference quantities but which comply with the percentage referred
to in paragraph 1 of this Article, after the reallocation referred to in
that same paragraph, shall not be taken into account in establishingany overrun in Portugal as calculated in accordance withth e firstsentence of Article 2(1) of Regulation (EEC) No 3950/92.
Article 24
1. Prior to their entry into force, the Portuguese Republic shall
notify the Commission of measures taken pursuant to Article 23.
Article 25
1. In accordance withth e procedure provided for in Article 35(2),
the Commission shall, where necessary, adopt the measures necessaryfor the application of Article 23.
Article 26
1. During the period 2002—2006, aid shall be granted to implement
a comprehensive programme to support the production and marketingof local produce in the livestock and milk products sector in theAzores.
The programme may include measures to encourage improved quality
and hygiene, marketing, local communication relating to qualityproducts and the provision of technical assistance. The programmemay not include the granting of aid in addition to the premiums paidunder Article 22.2001R1453 — EN — 01.04.2003 — 001.002 — 17
▼M2
▼B
▼B
The programme shall be prepared and implemented by the competent
authorities designated by the Member State, working in close colla-boration with the most representative producer organisations or their
associations in the sectors concerned.
2. Detailed rules for applying this Article shall be laid down in
accordance withth e procedure referred to in Article 35(2). Draftprogrammes, to run for no more than five years, shall be presented to
the Commission by the competent authorities. The Commission shall
approve them in accordance with the procedure referred to in Article35(2).
3. Each year the Portuguese authorities shall present a report on
implementation of the programme. Before the end of 2005, the
Commission shall submit to the European Parliament and to theCouncil an evaluation report on the application of the measure referredto in this Article, accompanied if applicable by appropriate proposals.
SECTION 2
Pineapples
Article 27
Aid shall be granted to produce pineapples falling within CN code
0804 30 00 up to a limit of 2 000 tonnes per year.
The amount of the aid shall be EUR 1,20 per kilogram.
Detailed rules for applying this Article shall be adopted in accordance
withth e procedure referred to in Article 35(2).
SECTION 3
Sugar
Article 28
1. Flat-rate area aid shall be granted in order to develop the produc-
tion of sugar beet, up to the limit of an area corresponding toproduction of 10 000 tonnes of white sugar per year.
The amount of the aid shall be EUR 800 per hectare sown and
harvested.
2. Specific aid shall be granted to process sugar beet harvested in
the Azores into white sugar, up to an overall production limit of10 000 tonnes of refined sugar per year.
The aid shall amount to EUR 27 per 100 kg of refined sugar. It may be
adapted in accordance withth e procedure referred to in Article 35(2).
3. Detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure referred to in Article 35(2).
SECTION 4
Tobacco
Article 29
1. A supplementary premium shall be granted, in addition to the
premium introduced by Title I of Regulation (EEC) No 2075/92(1),
for the collection of leaf tobacco of the variety Burley P., up to a limit
of 250 tonnes. The amount of the supplementary premium shall beEUR 0,24 per kg of leaf tobacco.2001R1453 — EN — 01.04.2003 — 001.002 — 18
(1) Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common
organisation of the market in raw tobacco (OJ L 215, 30.7.1992, p. 70).
Regulation as last amended by Regulation (EC) No 1336/2000 (OJ L 154,
27.6.2000, p. 2).
▼B
The detailed rules for applying the premium scheme laid down in
Regulation (EC) No 2848/98(1) shall apply to the supplementary
premium, except for specific derogations adopted in accordance with
the procedure referred to in Article 35(2).
2. Detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure referred to in Article 35(2).
SECTION 5
Seed potatoes, chicory and tea
Article 30
1. Aid shall be granted to produce seed potatoes falling within CN
code ex 0701 10 00 up to a limit of 200 hectares.
The amount of the aid shall be EUR 596,9 per hectare.
2. Aid shall be granted to produce chicory falling within CN code
1212 99 10 for up to a maximum area of 200 hectares per year.
The amount of the aid shall be EUR 596,9 per hectare.
3. Aid shall be granted to conclude annual contracts for the
marketing of the potatoes referred to in paragraph 1 of this Article onthe same terms as those laid down in Article 6.
4. Aid per hectare shall be granted for the cultivation of tea.
The amount of the aid shall be EUR 800 per hectare of harvested area
per year.
The aid shall be paid for up to 100 hectares.
5. Detailed rules for applying this Article shall be adopted in accor-
dance withth e procedure referred to in Article 35(2).
Article 31
Aid shall be granted for the ageing of Azores ‘verdelho’ wine up to a
maximum of 4 000 hectolitres each year. The aid shall be paid for‘verdelho’ wine which requires three years' ageing or more. It shall bepaid for eachlot during th ree marketing years.
The amount of the aid shall be EUR 0,08 per hectolitre per day.
TITLE III
PLANT-HEALTHMEASURES
Article 32
1. The competent authorities shall submit to the Commission
programmes for the control of organisms harmful to plants or plant
products. The programmes shall specify in particular the objectives tobe achieved, the measures to be carried out, their duration and theircost. The programmes submitted pursuant to this Article shall notconcern protective measures for bananas.
2. The Community shall contribute to the financing of such
programmes on the basis of a technical analysis of the regional situa-tion.
3. The financial participation of the Community and the amount of
the aid shall be decided in accordance with the procedure referred to in2001R1453 — EN — 01.04.2003 — 001.002 — 19
(1) Commission Regulation (EC) No 2848/98 of 22 December 1998 laying
down detailed rules for the application of Council Regulation (EEC)
No 2075/92 as regards the premium scheme, production quotas and the
specific aid to be granted to producer groups in the raw tobacco sector
(OJ L 358, 31.12.1998, p. 17). Regulation as last amended by Commission
Regulation (EC) No 385/2001 (OJ L 57, 27.2.2001, p. 18).
▼B
Article 35(2). The measures eligible for Community financing shall be
defined in accordance withth e same procedure.
4. Suchparticipation may cover up to 75 % of th e eligible expendi-
ture. Payment shall be made on the basis of documentation supplied bythe competent authorities. If necessary, investigations may be organisedby the Commission and conducted on its behalf by experts as referredto in Article 21 of Directive 2000/29/EC (
1).
TITLE IV
STRUCTURALDEROGATIONS
Article 33
1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999, the
total value of the aid, expressed as a percentage of the volume ofeligible investments, shall not exceed 75 % for investments intendedin particular to encourage diversification, restructuring or a shifttowards sustainable agriculture on agricultural holdings of smalleconomic size to be defined in the programme complement referred to
in Article 18(3) of Regulation (EC) No 1260/1999.
2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999,
the total value of the aid, expressed as a percentage of the volume ofeligible investments, shall not exceed 65 % for investments in enter-prises engaged in processing and marketing agricultural products
consisting mainly of local produce in sectors to be defined in the
programme complement referred to in Article 18(3) of Regulation(EC) No 1260/1999. The total value of the aid for small and medium-sized enterprises, under the same conditions, shall not exceed 75 %.
3. The restriction laid down in Article 29(3) of Regulation (EC) No
1257/1999 shall not apply to subtropical forests or wooded areaslocated in the Azores and Madeira.
4. Notwithstanding the third indent of the second subparagraph of
Article 47(2) of Regulation (EC) No 1257/1999, the Community contri-
bution to the agri-environmental measures provided for in Articles 22,
23 and 24 of that Regulation shall be 85 %.
5. Notwithstanding Article 24(2) of Regulation (EC) No 1257/1999,
the maximum amounts per year eligible for the Community aid
provided for in the Annex to this Regulation may be increased up to
twofold in the case of the measure to protect lakes in the Azores andthe measure to preserve the landscape and traditional features of agri-cultural land, in particular the conservation of the stone wallssupporting terraces in Madeira.
6. A summary description of the measures planned under this
Article shall be included in the operational programmes for theseregions referred to in Article 18 of Regulation (EC) No 1260/1999.
TITLE V
GENERALANDFINALPROVISIONS
Article 34
The measures necessary for the implementation of this Regulation shall
be adopted in accordance withth e management procedure referred to inArticle 35(2).2001R1453 — EN — 01.04.2003 — 001.002 — 20
(1) Council Directive 2000/29/EC of 8 May 2000 on protective measures
against the introduction into the Community of organisms harmful to plants
or plant products and against their spread within the Community (OJ L 169,
10.7.2000, p. 1). Directive as last amended by Commission Directive 2001/
33/EC (OJ L 127, 9.5.2001, p. 42).
▼B
Article 35
1. The Commission shall be assisted by the Management Committee
for Cereals established by Article 22 of Regulation (EEC) No 1766/92 (
1), or by the management committees established by the other regu-
lations on the common organisation of the markets for the products
concerned.
In the case of agricultural products covered by Regulation (EEC) No
827/68 (2) and products not covered by a common organisation of the
market, the Commission shall be assisted by the ManagementCommittee for Hops established by Article 20 of Regulation (EEC)No 1696/71 (
3).
In the case of the graphic symbol and other cases provided for in this
Regulation, the Commission shall be assisted by the ManagementCommittee for FreshFruit and Vegetables establish ed by Regulation
(EC) No 2200/96.
For the purposes of implementing Title III, the Commission shall be
assisted by the Standing Committee on Plant Health established by
Decision 76/894/EEC (
4).
For the purposes of implementing Title IV, the Commission shall be
assisted by the Committee for the Development and Conversion ofRegions and by the Committee on Agricultural Structures and RuralDevelopment, established respectively by Article 48 and by Article 50of Regulation (EC) No 1260/1999.
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
However, in the case of Title III, the procedure laid down in Article 18
of Directive 2000/29/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall
be one month.
3. The Committees shall adopt their rules of procedure.
Article 36
For the agricultural products covered by Annex I to the Treaty, to
which Articles 87, 88 and 89 thereof apply, the Commission mayauthorise operating aid in the sectors producing, processing andmarketing those products, with a view to mitigating the specificconstraints on farming in the Azores and Madeira as a result of theirremoteness, insularity and outermost location.
Article 37
The measures provided for in this Regulation, except for Article 33,
shall constitute intervention intended to stabilise the agriculturalmarkets within the meaning of Article 2(2) of Regulation (EC) No
1258/1999 (
5).2001R1453 — EN — 01.04.2003 — 001.002 — 21
(1) Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common
organisation of the market in cereals (OJ L 181, 1.7.1992, p. 21). Regulation
as last amended by Regulation (EC) No 1666/2000 (OJ L 193, 29.7.2000,
p. 1).
(2) Regulation (EEC) No 827/68 of the Council of 28 June 1968 on the
common organisation of the market in certain products listed in Annex II
to the Treaty (OJ L 151, 30.6.1968, p. 16). Regulation as last amended by
Regulation (EC) No 3290/94 (OJ L 349, 31.12.1994, p. 105).
(3) Council Regulation (EEC) No 1696/71 of 26 July 1971 on the common
organisation of the market in hops (OJ L 175, 4.8.1971, p. 1). Regulationas last amended by Regulation (EC) No 191/2000 (OJ L 23, 28.1.2000, p. 4).
(
4) Council Decision 76/894/EEC of 23 November 1976 establishing a Standing
Committee on Plant Health(OJ L 340, 9.12.1976, p. 25).
(5) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of
the common agricultural policy (OJ L 160, 26.6.1999, p. 103).
▼B
Article 38
The Member States shall take the measures necessary to ensure compli-
ance withth is Regulation, in particular as regards controls and
administrative penalties, and shall inform the Commission thereof.
The detailed rules for applying this Article shall be adopted by the
procedure provided for in Article 35(2).
Article 39
1. Portugal shall present an annual report to the Commission on the
implementation of the measures provided for in this Regulation.
2. No later than at the end of the fifth year of application of the
system the Commission shall submit a general report to Parliamentand the Council showing the impact of the action taken under thisRegulation, accompanied if applicable by appropriate proposals.
Article 40
Regulation (EEC) No 1600/92(
1) is hereby repealed. References to
Regulation (EEC) No 1600/92 shall be construed as references to this
Regulation and should be read in accordance with the correlation table
in Annex III.
Article 41
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities .
Article 33 shall apply as from 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R1453 — EN — 01.04.2003 — 001.002 — 22
(1) Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific
measures for the Azores and Madeira relating to certain agricultural
products (OJ L 173, 27.6.1992, p. 1). Regulation as last amended by Regu-
lation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).
▼B
ANNEX I
List of products covered by the specific supply arrangements provided for
inArticle 3fortheAzores
Description CN code
Cereals and cereal products intended
for human consumption and animal
feed:
Maize seed 1005 10
Rice 1006
Soya seed 1201 0090
Sunflower seed 1206 0099
Hops 1210
Raw sugar 1701 1210
Fruit juice (raw materials) other than
those covered by Article 5 of this
Regulation2009
Olive oil 1509 1090, 1509 9000, 1509 00902001R1453 — EN — 01.04.2003 — 001.002 — 23
▼B
ANNEX II
List of products covered by the specific supply arrangements provided for
inArticle3forMadeira
Description CN code
Cereals and cereal products intended
for human consumption and animal
feed
Hops 1210
Dried alfalfa 1214
Soya cake 2304
Rice 1006Vegetable oil ex 1507 to 1516
Sugar 1701 and 1702 (except isoglucose)
Fruit preserves and concentrated fruit
juices (raw materials) other than those
covered by Article 5 of this Regula-
tion2007 99, 2008 and 2009
Beef and veal:
Freshor ch illed 0201Frozen 0202
Pigmeat 0203
Milk and milk products:
Milk powder ex 0402
Liquid milk 0401
Butter 0405Cheese 0406
Seed potatoes 0701 10002001R1453 — EN — 01.04.2003 — 001.002 — 24
▼B
ANNEX III
Correlationtable
Regulation (EEC) No 1600/92 This Regulation
Article 1 Article 1
Article 2 Article 2Article 3(1) First subparagraphof Article 3(1)
Second subparagraphof Article 3(1)
Article 3(2) Article 3(2)
Article 3(3) Article 3(3)
Article 3(4) Article 3(6)Article 4 Article 4Article 5 Article 12Article 6 DeletedArticle 7 Article 3(4)
Article 8(1) First subparagraphof Article 3(5)
Second subparagraphof Article 3(5)
Article 8(2) Third subparagraph of Article 3(5)Article 9 Fourthsubparagraphof Article 3(5)Article 10 Article 3(6)Article 11 Deleted
Article 5
Article 12 Article 6Article 13 Article 7
Article 10
Article 14(1) Article 13(1)Article 14(2) Deleted
Article 14(3) Article 13(3)
Article 13(2)Article 13(4)Article 13(5)
Article 14(4) Article 13(6)
Article 14
First subparagraphof Article 15(1) First subparagraphof Article 15(1)
Second and third subparagraph of Article 15(1) Article 15(2)
Article 15(3)Article 15(4)
Article 15(2) Article 15(5)Article 16 Article 16
Article 17 Article 17
Article 18 Article 18Article 19 Article 19Article 20 Article 8Article 21 Article 20
Article 20(6)
Article 21
Article 22 Article 9Article 23 DeletedArticle 24(1) Article 22(1)2001R1453 — EN — 01.04.2003 — 001.002 — 25
▼B
Regulation (EEC) No 1600/92 This Regulation
Article 24(2) Deleted
Article 22(2)
Article 24(3) Article 22(3)
Article 22(4)
Article 22(5)
Article 22(6)
Article 24(4) Article 22(7)
Article 24(5) Article 22(8)
Article 22(9)
Article 24(6) Article 22(10)
Article 23
Article 24
Article 25
Article 26
Article 25 Article 28
Article 26 Article 29
Article 27 Article 30
Article 30(4)Article 31
Article 28 Article 8
Article 29 Article 9
Article 30 Article 27
Article 31 Article 11
Article 32 Article 33
Article 33 Article 32
Article 34
Article 35
Article 36
Article 34 Article 37
Article 38
Article 39(1)
Article 35(1) Deleted
Article 35(2) Article 39(2)
Article 40
Article 36 Article 41
Annex I Annex I
Annex II Annex II
Annex III2001R1453 — EN — 01.04.2003 — 001.002 — 26