1992R0388 — EN — 01.01.2001 — 005.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No388/92
of18February1992
layingdowndetailedrulesforimplementationofthespecificarrangementsforthesupplyofcereal
productstotheFrenchoverseasdepartments(FOD)andestablishingtheforecastsupplybalance
(OJ L 43, 19.2.1992, p. 16)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 467/92 of 27 February 1992 L 53 14 28.2.1992
►M2Commission Regulation (EEC) No 2027/92 of 22 July 1992 L 207 21 23.7.1992
►M3Commission Regulation (EEC) No 3804/92 of 23 December 1992 L 384 18 30.12.1992
►M4Commission Regulation (EEC) No 688/93 of 25 March 1993 L 73 13 26.3.1993
►M5Commission Regulation (EEC) No 1727/93 of 30 June 1993 L 160 1 1.7.1993
►M6Commission Regulation (EC) No 329/94 of 14 February 1994 L 42 3 15.2.1994
►M7Commission Regulation (EC) No 3101/94 of 19 December 1994 L 328 16 20.12.1994
►M8Commission Regulation (EC) No 1563/95 of 30 June 1995 L 150 18 1.7.1995
►M9Commission Regulation (EC) No 2270/95 of 27 September 1995 L 231 21 28.9.1995
►M10Commission Regulation (EC) No 2885/95 of 14 December 1995 L 302 3 15.12.1995
►M11Commission Regulation (EC) No 1234/96 of 28 June 1996 L 161 101 29.6.1996
►M12Commission Regulation (EC) No 2414/96 of 18 December 1996 L 329 23 19.12.1996
►M13Commission Regulation (EC) No 2521/97 of 15 December 1997 L 346 42 17.12.1997
►M14Commission Regulation (EC) No 1959/98 of 15 September 1998 L 254 11 16.9.1998
►M15Commission Regulation (EC) No 2621/98 of 4 December 1998 L 329 14 5.12.1998
►M16Commission Regulation (EC) No 1387/1999 of 28 June 1999 L 163 11 29.6.1999
►M17Commission Regulation (EC) No 2622/1999 of 10 December 1999 L 318 12 11.12.1999
►M18Commission Regulation (EC) No 2240/2000 of 10 October 2000 L 257 6 11.10.2000
►M19Commission Regulation (EC) No 110/2001 of 19 January 2001 L 19 9 20.1.2001
►M20Commission Regulation (EC) No 1526/2001 of 26 July 2001 L 202 6 27.7.2001
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) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No388/92
of18February1992
laying down detailed rules for implementation of the specific
arrangements for the supply of cereal products to the Frenchoverseas departments (FOD) and establishing the forecast supply
balance
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3763/91 of 16
December 1991 introducing specific measures in respect of certainagricultural products for the benefit of the French overseas depart-ments(
1), and in particular Article 2 (6) thereof,
Whereas Commission Regulation (EEC) No 131/92(2) lays down
common detailed rules for implementation of the specific arrangementsfor the supply of certain agricultural products to the French overseasdepartments (FOD);
Whereas Commission Regulation (EEC) No 3719/88(
3), as last amended
by Regulation (EEC) No 92/91(4), lays down in particular detailed rules
for import licences; whereas Commission Regulation (EEC) No 891/89(
5), as last amended by Regulation (EEC) No 3562/91(6), lays down
additional and exceptional detailed rules. specific to the cereals sector;
Whereas, in order to take account of the trade practices specific to the
cereals sector, and of the special nature of trade in bran, provisionshould be made for detailed rules supplementing or derogating from the
provisions of Regulation (EEC) No 131/92;
Whereas, pursuant to Article 2 of Regulation (EEC) No 3763/91, the
forecast supply balance for cereals products for the FOD should bedrawn up; whereas this balance should make it possible to interchange
the quantities planned for the products in question and, if the need arises,
to increase the overall quantity fixed for feed grain during the course ofthe financial year;
Whereas provision should be made for the Member State to designate
the competent authority for issuing import licences and aid certificates,and for handling aid applications and payments;
Whereas provision should be made for a timetable for submitting licence
and certificate applications, and for establishing admissibility require-
ments for these applications, in particular as regards the lodging ofsecurities; whereas, in addition, the period of validity of import licencesand aid certificates should be fixed in accordance with supply needs andthe requirements of sound administration by granting, given the localsituation in the FOD, a longer period of validity for aid certificates;
Whereas provision should be made for the adjustment of the aid granted
for the supply of cereal products originating in the Community on thebasis of the difference in the threshold price of the product in question
between the month of application for aid certificates and the month in
which the certificates are used, in order to prevent, before the harvest,supply commitments which benefit from aid for the new marketing year,and to take account of the practices in the cereals sector;
Whereas, to ensure the sound administration of the supply arrangements,
additional requirements should be laid down for the release of thesecurity;1992R0388 — EN — 01.01.2001 — 005.002 — 2
(1) OJ No L 356, 24. 12. 1991, p. 1.
(2) OJ No L 15, 22. 1. 1992, p. 13.
(3) OJ No L 331, 2. 12. 1988, p. 1.
(4) OJ No L 11, 16. 1. 1991, p. 11.
(5) OJ No L 94, 7. 4. 1989, p. 13.
(6) OJ No L 336, 7. 12. 1991, p. 30.
▼B
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Pursuant to Article 2 of Regulation (EEC) No 3763/91, the forecast
supply balance quantities eligible for exemption from duties on importsfrom third countries or for Community aid shall be as specified in theAnnex.
2. Without prejudice to any increase during the course of the
financial year of the overall quantity fixed for cereals, the respective
quantities fixed for one or other of the cereals in question may be exceed
by a maximum of 20 %, provided that the overall quantity is adhered to.Sorghum shall be treated as maize for the purposes of this Regulation.
3. For the purposes of applying Articles 2 and 3 (1) of Council
Regulation (EEC) No 3763/91, the developing countries shall be thoselisted in Annexes III and V to Council Regulation (EEC) No 3833/90 of20 December 1990 applying generalized tariff preferences for 1991 in
respect of certain agricultural products originating in developing
countries(
1), as last amended by Regulation (EEC) No 3587/91.(2)
Article 2
The Member State shall designate the competent authority for:
(a) issuing the import licence provided for in Article 2 of Regulation
(EEC) No 131/92;
(b) issuing the aid certificate provided for in Article 3 of that
Regulation; and
(c) payment of the aid to the operators concerned and the administration
of securities.
Article 3
The provisions of Regulation (EEC) No 131/92 shall apply mutatis
mutandis .
Article 4
1. Applications for licences and certificates shall be submitted to the
competent authority during the first five working days of each month.However, applications for aid certificates for the supply of cerealproducts falling within CN codes 1103 and 1107 as well as productsfalling within CN codes 2309 90 31, 2309 90 33, 2309 90 41,
2309 90 43, 2309 90 51 and 2309 90 53, of Community origin, as well
as applications for aid certificates for the supply of cereals to thedepartment of French Guiana, may be submitted on any working day ofeach month. A licence or certificate application shall be admissable onlyif:
(a) it does not exceed the maximum quantity available for each period
during which applications must be lodged;
(b) prior to expiry of the time limit laid down for the submission of
licence and certificate applications, proof has been provided that theparty concerned has lodged a security of ECU 23 per tonne.1992R0388 — EN — 01.01.2001 — 005.002 — 3
(1) OJ No L 370, 20. 12. 1990, p. 86.
(2) OJ No L 341, 12. 12. 1991, p. 1.▼M5
▼M1
▼B
▼M5
▼B
2. If licences and certificates are issued for quantities less than the
quantities applied for, as a result of a single reduction coefficient beingfixed, operators may withdraw their applications in writing within a time
limit of one working day following the date on which the reduction
coefficient is fixed.
Article 5
1. The period of validity of import licences shall expire on the last
day of the month following the month in which they were issued.
2. The period of validity of aid certificates shall expire on the last day
of the second month following the month in which they were issued.
Article 6
The aid for supply shall be adjusted:
(a) in the case of all cereal products listed in the Annex with the
exception of maize, grain sorghum, malt and common wheat meal,for the period August to May of the same marketing year, by themonthly increase applicable to the intervention price fixed for thatmarketing year for the cereal in question, multiplied by the number
of months elapsing between the month in which the aid certificate is
applied for and the month in which each quantity is charged againstthe certificate. The first adjustment shall take place on the first dayof the calendar month following the day the certificate application issubmitted;
(b) in the case of maize and grain sorghum, for the period November of
one marketing year to August of the following marketing year, by
the monthly increase applicable to the intervention price fixed forthe former marketing year for the cereal in question, multiplied bythe number of months elapsing between the month in which the aidcertificate is applied for and the month in which each quantity ischarged against the certificate. The first adjustment shall be made on
the first day of the calendar month following the day the certificate
application is submitted;
(c) in the case of malt and durum wheat meal, for the period August to
May of the same marketing year, by the monthly increase applicableto the intervention price fixed for that marketing year, multiplied onthe one hand by the number of months elapsing between the month
in which the aid certificate is applied for and the month in which
each quantity is charged against the certificate and, on the otherhand, by the processing coefficients 1,3 and 1,5 for malt and durumwheat meal respectively. The first adjustment shall take place on thefirst day of the calendar month following the day the certificateapplication is submitted;
(d) in the case of all products with the exception of maize and grain
sorghum, where the term of validity of the aid certificate extendsbeyond the end of the marketing year and for all supplies chargedagainst the certificate during the new marketing year, as follows: theaid shall be reduced by an amount equal to the difference betweenthe intervention prices, not including monthly increases, for the
former and the new marketing years and by an amount equal to the
monthly increase for the new marketing year, multiplied by thenumber of months from August inclusive to the month in which thecertificate application is submitted;
(e) in the case of maize and grain sorghum, where the term of validity
of the aid certificate extends beyond the end of September, for allsupplies charged against the certificate from 1 October, as follows:
the aid shall be reduced by an amount equal to the difference
between the intervention price, not including monthly increases, forthe former and the new marketing years and by an amount equal tothe monthly increase for the former marketing year, multiplied bythe number of months from November inclusive to the month inwhich the aid application is submitted.1992R0388 — EN — 01.01.2001 — 005.002 — 4
▼M8
▼M9
▼M8
However, the adjustments provided for in (d) and (e) shall not apply
where the operator provides proof to the satisfaction of the competent
authorities in the region of destination that:
— supplies of products other than maize and grain sorghum presented
for charging against the aid certificate were dispatched before 1 Julyand,
— in the case of maize and grain sorghum, supplies of products
presented for charging against the aid certificate were dispatchedbefore 1 October.
Such proof shall be constituted by the bill of lading or other transport
document providing sufficient guarantees and duly established at the
time of dispatch.
Article 7
Securities shall be released if and when:
(a) the competent authority has not granted an application;
(b) the operator has withdrawn his application in accordance with
Article 4 (2);
(c) proof has been provided that the licence or certificate has been used;
the security shall than be released in proportion to the quantitiesentered on the licence or certificate;
(d) proof has been provided that the product concerned has become
unsuitable for use or it has not been possible to carry out theoperation as a result of force majeure .
Article 8
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R0388 — EN — 01.01.2001 — 005.002 — 5
▼B
▼M20
ANNEX
Cereals supplybalancefortheFrenchoverseasdepartments(2001)
(tonnes)
Cereals originating in
third countries (ACP/
developing countries)
or ECCommon
wheatDurum
wheatBarley MaizeDurum
wheat
meal and
groatsMalt Oats
Guadeloupe 53 000 — 500 24 000 — — —
Martinique 14 000 — 600 30 000 600 420 250
French Guiana 150 — 200 1 500 — — —
Réunion 35 000 — 8 000 132 500 — 3 500 —
Total 102 150 — 9 300 188 000 600 3 920 250Total 304 2201992R0388 — EN — 01.01.2001 — 005.002 — 6