1992R2177 — EN — 01.07.1998 — 011.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2177/92
of30July1992
layingdowndetailedrulesfortheapplicationofthespecific supplyarrangementsfortheAzores,
MadeiraandtheCanaryIslandswithregardtosugarandamendingRegulation(EEC)No2670/81
(OJ L 217, 31.7.1992, p. 71)
Amended by:
OfficialJournal
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
►M4 Commission Regulation (EEC) No 2932/93 of 25 October 1993 L 265 12 26.10.1993
►M5 Commission Regulation (EC) No 1443/94 of 23 June 1994 L 157 4 24.6.1994
►M6 Commission Regulation (EC) No 2926/94 of 30 November 1994 L 307 56 1.12.1994
►M7 Commission Regulation (EC) No 260/96 of 12 February 1996 L 34 16 13.2.1996
►M8 Commission Regulation (EC) No 1714/95 of 13 July 1995 L 163 11 14.7.1995
►M9 Commission Regulation (EC) No 439/96 of 11 March 1996 L 61 1 12.3.1996
►M10 Commission Regulation (EC) No 1159/96 of 26 June 1996 L 153 31 27.6.1996
►M11 Commission Regulation (EC) No 1270/97 of 1 July 1997 L 174 37 2.7.1997
►M12 Commission Regulation (EC) No 2431/97 of 8 December 1997 L 337 7 9.12.1997
►M13 Commission Regulation (EC) No 1321/98 of 25 June 1998 L 183 27 26.6.1998
►M14 amended by Commission Regulation (EC) No 1080/1999 of 26 May
1999 L 131 14 27.5.1999
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncilRegul ation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No2177/92
of30July1992
layingdowndetailedrulesfortheapplicationofthespecificsupply
arrangementsfortheAzores,MadeiraandtheCanaryIslandswith
regard tosugarandamendingRegulation(EEC)No2670/81
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to CouncilRegul ation (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 CouncilRegul ation (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 CouncilRegul ation (EEC) No 1676/85 of 11 June
1985 on the value of the unit of account and the conversion rates to be
applied 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 the
Azores 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 agriculturalproducts 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; whereasCommission Regulation (EEC) No 2630/81 (
9), as last amended by
Regulation (EEC) No 1170/92 (10), lays down special detailed rules for
the sugar sector in that connection; whereas those common and specialdetailed 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 for
Community aid under the specific supply arrangements provided for in
Article 3 of Regulation (EEC) No 1600/92 and Article 3 of Regulation(EEC) No 1601/92 respectively should be fixed on the basis ofestimates;
Whereas, in line with the objectives set by the abovementioned specific
supply arrangements, provision should be made for granting a
Community 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 terms
equivalent, for the end user, to the advantage resulting from exemptionfrom import duties on products from third countries; whereas supplies of1992R2177 — EN — 01.07.1998 — 011.001 — 2
(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.
▼B
sugar from other regions of the Community are ensured by virtue of
Community aid; whereas therefore the possibility of granting productionrefunds provided for in Article 9 (3) of Council Regulation (EEC) No
1785/81 (
1), as last amended by Regulation (EEC) No 61/92 (2), designed
in particular to put Community processors on the same footing asregards supplied as those on the world market, is not justified in thiscase;
Whereas, for the sake of sound management of the supply arrangements,
a sufficient security should be fixed and appropriate conditions laiddown for its release;
Whereas, to keep as close as possible to the provisions on export refunds
for sugar, it should be laid down that if, following a change in the prices
fixed in ecus at the time of transition from one marketing year to the
next, an adjustment is made to export refunds, the amount of the aid isalso to be adjusted accordingly for products on which, if they wereexported to third countries, the among of the refund would be adjusted;
Whereas, for the purposes of conversion into pesetas or escudos of the
amounts of aids, the rate to be applied should be the agricultural
conversion 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 down that
the arrangements are to be implemented in such a way as to take accountin particular of traditional trade flows with the rest of the Community;
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) of Regulation
(EEC) No 1785/81; whereas, to safeguard that type of trade with the
Canary Islands, Madeira and the Azores, it should be specified inCommission Regulation (EEC) No 2670/81 of 14 September 1981laying down detailed implementing rules in respect of sugar productionin excess of the quota (
3), as last amended by Regulation (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 as
having been exported to third countries within the meaning of Article 26(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 1600/92
and Article 3 of Regulation (EEC) No 1601/92 respectively, the
quantities 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 1601/92respectively, shall be for the marketing year in question and by region,
as set out 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 Communityaid scheme or for exemption from the exemption from the import levyreferred to 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 of1992R2177 — EN — 01.07.1998 — 011.001 — 3
(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.
▼B
Regulation (EEC) No 2670/81 and imported for consumption into the
Canary Islands and Madeira in the form of white sugar falling within CNcode 1701 or into the Azores in the form of raw sugar falling within CN
code 1701 12 10 shall qualify, subject to the conditions laid down in this
Regulation, 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 trends
in 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 or
Regulation (EEC) No 1601/92, for the supply aid referred to in
paragraph 2 of this Article.
However, in respect of the consignments to Madeira referred to in the
first subparagraph, these may also, and under the same conditions,
comprise white sugar in free circulation in other regions of the
Community.
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 for
white sugar under the standing invitation to tender for export of white
sugar. Where two standing invitations to tenderare in progresssimultaneously, the maximum amount to be taken into considerationshall be that fixed most recently in connection with the standinginvitation to tender 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 1785/81 and
falling within CN code ex 1701 12 10 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 this Regulation.
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 of
Article 24 (1a) of Regulation (EEC) No 1785/81 which are sent toMadeira and the Canary Islands shall qualify, non upon application to besubmitted in accordance with Article 4 of, as appropriate, Regulation(EEC) No 1600/92 or of Regulation (EEC) No 1601/92, 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 equal, per 1 % of sucrose content andper 100 kilograms net of the syrup in question, to one hundreth of themaximum amount in question referred to in Article 2 (2) of thisRegulation.1992R2177 — EN — 01.07.1998 — 011.001 — 4
(1) OJ No L 143, 25. 6. 1968, p. 6.▼M4
▼B
▼B
Article 5
1. the security in respect of the aid certificate shall be ECU
►M75,4◄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, asappropriate, Regulation (EEC) No 1695/92 or of Regulation(EEC) No 1696/92.
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 extend beyond
30 June immediately following the date of actual issued. However, if the
actual issue occurs in the month of June, the period of validity shall rununtilthe end of the fifth month thereafter.
5. The above paragraphs shall not apply in respect of the Canary
Islands.
Article 6
Where export refunds on white 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.
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 the
scheme of exemption from import levies provided for in Article 3 of
Regulation (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 1785/81 and originating in that third country for the purposes of theapplication of the said scheme.’1992R2177 — EN — 01.07.1998 — 011.001 — 5
(1) OJ No L 57, 1. 3. 1986, p. 27.▼M6
▼B
▼M2
▼B
▼B
Article 10
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 July 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R2177 — EN — 01.07.1998 — 011.001 — 6
▼M13
ANNEX
Quantitiesofsugarexpressedintermsoftonnesofwhitesugar,referredtoin
Article1ofRegulation(EEC)No2177/92forthe1998/99marketingyear
Region Quantity
Azores 6 500
Madeira 10 000
Canary Islands 63 0001992R2177 — EN — 01.07.1998 — 011.001 — 7
▼M14