1992R2168 — EN — 01.12.1994 — 005.001 — 1
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►B COMMISSIONREGULATION(EEC)No2168/92
of30July1992
laying down detailed implementing rules for the specific measures for the Canary Islands with
regardtopotatoes
(OJ L 217, 31.7.1992, p. 44)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 714/93 of 26 March 1993 L 74 42 27.3.1993
►M2 Commission Regulation (EEC) No 1774/93 of 2 July 1993 L 162 21 3.7.1993
►M3 Commission Regulation (EC) No 802/94 of 11 April 1994 L 93 1 12.4.1994
►M4 Commission Regulation (EC) No 1760/94 of 18 July 1994 L 183 17 19.7.1994
►M5 Commission Regulation (EC) No 3099/94 of 19 December 1994 L 328 13 20.12.1994
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COMMISSIONREGULATION(EEC)No2168/92
of30July1992
laying down detailed implementing rules for the specific measures
fortheCanaryIslandswithregardtopotatoes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1601/92 (
1), of 15
June 1992, introducing specific measures for the Canary Islands con-
cerning certain agricultural products, and in particular Articles 20 (3)and 21 thereof,
Whereas in application of Articles 2 and 3 of Regulation (EEC) No
1601/92 it is necessary to determine for seed potatoes quantities of the
forecast supply balance which benefit from an exemption of the levyon direct imports from third countries or from aid for deliveries origi-nating from the rest of the Community;
Whereas this aid must be fixed taking into account the costs of supply
from the world market, and the conditions due to the geographicalsituation of the Canary Islands;
Whereas Article 20 of Regulation (EEC) No 1601/92 provides that aid
per hectare is granted for the production of ware potatoes up to a ceil-
ing of an area of 12 000 hectares per year, planted and harvested;
Whereas Article 21 of Regulation 1601/92 provides for a restriction
on deliveries of ware potatoes to the Canary Islands from third coun-
tries, or from the rest of the Community, in order to avoid disturbanceof the market during the periods which are crucial for the marketingof the Canary Islands' production; whereas it is appropriate to fix thesensitive period as well as the maximum quantities of potatoes to bedelivered to the Canary Islands during the second semester of 1992;
Whereas the provisions provided for in Regulation (EEC) No 1601/92
are applicable as from 1 July 1992; it is appropriate to apply the termsof this Regulation as from the same date;
Whereas the measures provided for in the present regulation are in
conformity with the opinion of the Management Committee for seeds,
HAS ADOPTED THIS REGULATION:
TITLE I
Specificsupplyarrangements
Article 1
For the purposes of Articles 2 and 3 of Regulation (EEC) No 1601/
92, the quantity of the forecast supply balance for seed potatoes fall-ing within CN code 0701 10 00 qualifying for exemption from the
import levy on products directly entering the Canary Islands from
third countries or for Community aid is hereby fixed at 12 000 tonnesfor the period from 1 July 1994 to 30 June 1995.
Article 2
Pursuant to Article 3 (2) of Regulation (EEC) No 1601/92, aid shall
be granted for the supply of seed potatoes to the Canary Islands fromthe Community market in accordance with the forecast supply bal-ance. The aid shall be ECU 3,5 per hundred kilograms.1992R2168 — EN — 01.12.1994 — 005.001 — 2
(1) OJ No L 173, 27. 6. 1992, p. 13.▼M4
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TITLE II
Aidfortheproductionofpotatoes
Article 6
1. The aid for the production of ware potatoes falling under head-
ings CN codes 0701 90 51, 0701 90 59 and 0701 90 90 as provided for
by Article 20 of Regulation (EEC) No 1601/92 is only paid for areas:
(a) which have been fully sown and had normal cultivation work car-
ried out upon them;
(b) for which an application has been submitted in accordance with
Article 7, such application to be treated as equivalent to a declara-tion of the areas cultivated.
2. Where cultivation has not been proceeded until the ripening of
the product, the competent national authorities may accept cases offorce majeure and natural disasters having a major effect on the area
farmed by the declarant as justifying maintenance of the entitlement
to aid.
All cases of force majeure or natural disasters as referred to in the
proceding subparagraph shall be notified within three days of theevent to the competent Spanish authority. Evidence thereof shall be
provided within one month from such notification.
Spain shall notify the Commission of cases which they recognize as
cases offorce majeure or as natural disasters.
Article 7
1. Any producer wishing to obtain aid shall submit an application
to the competent agency before a date to be fixed by Spain. This dateshall be fixed in a way that allows the necessary on-the-spot checks tobe carried out.
2. The application for aid shall at least include the following parti-
culars:
— the name, forenames and address of the applicant,
— the areas cultivated in hectares and in ares, the cadastral reference
of such areas or an indication recognized as equivalent by theagency responsible for checking the areas.
3. Where the area for which the aid is requested exceeds the maxi-
mum area as referred to in Article 20 of Regulation (EEC) No 1601/92, the aid shall be granted to the applicants in proportion to the areaas indicated in the request.
Article 8
Spain shall take the necessary control measures. These include the
measurement of a minimum number of fields for which the aid isrequested. Spain shall fix the minimum number of fields to bechecked and the criteria for their selection, and inform the Commis-sion thereof.
Article 9
1. If the check indicates an excess of up to 10 % but of not more
than one hectare in the area declared, aid shall be calculated on thearea measured, less that excess.
2. If the excess exceeds the limits provided for in paragraph 1, the
application for the marketing year in question shall be rejected. More-voer, the areas forming part of the applicant's holding during the mar-keting year in question shall be ineligible for aid in the followingmarketing year.1992R2168 — EN — 01.12.1994 — 005.001 — 3
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3. If, for reasons attributable to the applicant, a check cannot be
carried out Article 9 (2) shall apply, except in cases of force majeure .
Grounds for force majeure shall be supplied by the interested party in
writing, within ten days from the planned date of the check.
TITLE III
Restrictionsondeliveries duringsensitiveperiods
Article 10
1. During the period from 1 April to 31 October 1994, the delivery
of potatoes falling within headings CN 0701 90 51, 0701 90 59 and0701 90 90 from third countries and the rest of the Community to the
Canary Islands, shall be limited to the quantities as set out in the
Annex.
During this period the deliveries of the above-mentioned products
must be accompanied by a ‘potato delivery certificate’, hereafterreferred to as a ‘certificate’.
2. The certificate shall be drawn up on the basis of the import form
in the Annex to Regulation (EEC) No 3719/88 (
1).
Article 8 (3) and (5) and Articles 9, 10, 13 to 16, 19 to 22, 24 to 31
and 33 to 37 of Regulation (EEC) No 3719/88 shall apply, mutatis
mutandis, subject to the provisions of this Regulation.
3. The words ‘potato delivery certificate’ shall be printed or
stamped in the upper left-hand corner of the certificate.
4. The certificate shall be issued at the request of the parties con-
cerned exclusively by the competent authorities designated by Spain,subject to the quantity provided for in Article 10 (1). Issue of theexemption certificate shall be subject to the lodging of a security, theamount of which shall be fixed for each of the products in question.
The authorities may lay down a time limit for the issue of the certifi-
cate.
5. The request for the certificate must not concern a quantity which
exceeds the quantity available as regularly published by the competentauthorities.
6. Where the quantity for which a certificate is requested exceeds
the quantity referred to in Article 10 (1), the certificate shall beawarded to the applicants in proportion to the quantities available.
7. Where certificates are issued for quantities which are less than
those requested, the operator concerned can withdraw his request, inwriting, within three working days following the issue of the certifi-cate. The relative guarantee is also freed.
8. The application for the certificate and the certificate itself, shall
be marked in box No 24 with the words ‘certificate to be used for theCanary Islands’.
9. Proof of utilization of the certificate must be furnished within
thirty days following expiry of the period of validity of the certificate,except in cases of force majeure .
10. The competent authorities administer the system of restrictions
on deliveries in a way that allows for the delivery of the quantityreferred to in Article 10 (1) to the Canary Islands.1992R2168 — EN — 01.12.1994 — 005.001 — 4
(1) OJ No L 331, 2. 12. 1988, p. 1.▼M3
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TITLE IV
Finalprovisions
Article 11
The rate to be applied for converting the aid per hectare as referred to
in Article 6 into national currency shall be the agricultural conversion
rate in force on the final date fixed for the submission of aid applica-
tions in accordance with Article 7 (1).
Article 12
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.1992R2168 — EN — 01.12.1994 — 005.001 — 5
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ANNEX
Distributionofthequantitiesreferred toinArticle 10:
(tonnes)
Month Quantity
April 4 100
May 600
June 160
July 160August 160
September 220
October 4 5001992R2168 — EN — 01.12.1994 — 005.001 — 6