1992R2177 — EN — 01.07.1995 — 007.001 — 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,
Madeira andthe CanaryIslandswith regard to sugarandamendingRegulation(EEC) No 2670/
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
▼B
COMMISSIONREGULATION(EEC)No2177/92
of30July1992
laying down detailed rules for the application of the specific sup-
ply arrangements for the Azores, Madeira and the Canary Islands
withregardtosugarandamendingRegulation(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 relat-ing to 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 regardto certain 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 tobe 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 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 pro-
ducts 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 last
amended by Regulation (EEC) No 1170/92 (10), lays down special
detailed rules for the sugar sector in that connection; whereas thosecommon and special detailed rules apply to imports of sugar under thespecific supply arrangements for the regions in question;
Whereas, for each region concerned, the quantity eligible, for the mar-
keting year in question, for exemption from the import levy or for
Community aid under the specific supply arrangements provided forin Article 3 of Regulation (EEC) No 1600/92 and Article 3 of Regula-tion (EEC) No 1601/92 respectively should be fixed on the basis ofestimates;
Whereas, in line with the objectives set by the abovementioned speci-
fic 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 discriminationbetween them;
Whereas the main objective of the specific supply arrangements for
the regions in question is to ensure coverage of their requirements onterms equivalent, for the end user, to the advantage resulting from1992R2177 — EN — 01.07.1995 — 007.001 — 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
exemption from import duties on products from third countries;
whereas supplies of sugar from other regions of the Community areensured by virtue of Community aid; whereas therefore the possibility
of granting production refunds 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 proces-
sors on the same footing as regards supplied as those on the worldmarket, is not justified in this case;
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, it should be laid down that if, following a changein the prices fixed in ecus at the time of transition from one marketingyear to the next, an adjustment is made to export refunds, the amountof the aid is also to be adjusted accordingly for products on which, if
they were exported 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 con-version rate in force on the day on which the application for an aid
certificate is submitted so that not only the amount of the aid in ecus
but also that expressed in national currency is fixed in advance;
Whereas the specific supply arrangements for the Canary Islands pro-
vided 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
account 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) of Regu-
lation (EEC) No 1785/81; whereas, to safeguard that type of tradewith the Canary Islands, Madeira and the Azores, it should be speci-fied in Commission Regulation (EEC) No 2670/81 of 14 September1981 laying down detailed implementing rules in respect of sugar pro-duction in 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 beregarded as having been exported to third countries within the mean-ing of Article 26 (1) of Regulation (EEC) No 1785/81;
Whereas the measures provided for in this Regulation are in accor-
dance 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, thequantities of sugar which qualify for the Community aid referred to in
Articles 2, 3 and 4 of this Regulation or which qualify for exemption
from 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 Commu-1992R2177 — EN — 01.07.1995 — 007.001 — 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
nity aid scheme or for exemption from the exemption from the import
levy referred 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 ofRegulation (EEC) No 2670/81 and imported for consumption into theCanary Islands and Madeira in the form of white sugar falling withinCN code 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 levywithin the limit of the corresponding quantity fixed in the Annexhereto.
4. The quantities specified in the Annex hereto may be reduced or
increased during the marketing year in the light, in particular, oftrends 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 1785/81which is sent to Madeira and the Canary Islands for consumption inthose regions shall qualify, upon application to be submitted in accor-dance with 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 Com-munity.
2. The amount of the supply aid applicable on the day on which
the application is submitted shall be equal, per 100 kilograms of white
sugar, 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 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 forrefining and consumption in that region shall qualify, upon applicationto be submitted in accordance with Article 4 of Regulation (EEC) No1600/92, 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 Reg-ulation.
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 meaningof Article 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, Regula-1992R2177 — EN — 01.07.1995 — 007.001 — 4
(1) OJ No L 143, 25. 6. 1968, p. 6.▼M4
▼B
▼B
tion (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 contentand per 100 kilograms net of the syrup in question, to one hundrethof the maximum amount in question referred to in Article 2 (2) ofthis Regulation.
Article 5
1. the security in respect of the aid certificate shall be ECU
►
M75,434◄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 appropriate, 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 notextend beyond 30 June immediately following the date of actual
issued. However, if the actualissue occurs in the month of June, the
period of validity shall run until the 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 to
Article 12 of Regulation (EEC) No 766/68, the amounts of the supply
aid shall also be adjusted to the same extent as the refund on exportto third 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, the
amount of the aid in question shall be increased by the latest acces-
sion compensatory 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 the1992R2177 — EN — 01.07.1995 — 007.001 — 5
(1) OJ No L 57, 1. 3. 1986, p. 27.▼M6
▼B
▼M2
▼B
▼B
form of white sugar falling within CN code 1701 or into the
Azores in the form of raw sugar falling within CN code1701 12 10 under the scheme of exemption from import levies
provided for in Article 3 of Regulation (EEC) No 1600/92 or Arti-
cle 3 of Regulation (EEC) No 1601/92, it shall be regarded asbeing exported to a third country within the meaning of Article 26(1) of Regulation (EEC) No 1785/81 and originating in that thirdcountry for the purposes of the application of the said scheme.’
Article 10
This Regulation shall enter into force on the day of its publication in
theOfficial 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 — 01.07.1995 — 007.001 — 6
▼M8
ANNEX
Quantities of sugar expressed in terms of tonnes of white sugar, referred
to in Article 1 of Regulation (EEC) No 2177/92 for the 1995/96 marketing
year
Region Quantity
Azores ►M95 500◄
Madeira 10 000
Canary Islands 60 0001992R2177 — EN — 01.07.1995 — 007.001 — 7