1997R0028 — EN — 25.10.2000 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No28/97
of9January1997
laying down detailed rules for implementation of the specific measures for the supply of certain
vegetableoilsfortheprocessingindustryintheFrenchoverseasdepartmentsandassessingsupply
requirements
(OJ L 6, 10.1.1997, p. 15)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 96/98 of 14 January 1998 L 9 29 15.1.1998
►M2Commission Regulation (EC) No 2296/98 of 23 October 1998 L 287 8 24.10.1998
►M3Commission Regulation (EC) No 2656/98 of 9 December 1998 L 335 56 10.12.1998
►M4Commission Regulation (EC) No 2681/1999 of 17 December 1999 L 326 18 18.12.1999
►M5Commission Regulation (EC) No 2359/2000 of 24 October 2000 L 272 17 25.10.2000
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(EC)No28/97
of9January1997
laying down detailed rules for implementation of the specific
measuresforthesupplyofcertainvegetable oilsfortheprocessingindustry in the French overseas departments and assessing supply
requirements
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3763/91 of 16
December 1991 introducing specific measures in respect of certain
agricultural products for the benefit of the French overseas depart-
ments(1), as last amended by Regulation (EC) No 2598/95(2), and in
particular Article 2 (6) thereof,
Whereas Article 2 of Regulation (EEC) No 3763/91 requires an
assessment of the supply requirements of the French overseas
departments in vegetable oils (other than olive oil) for use in theprocessing industry to be drawn up and the amount of aid for productsfrom the rest of the Community fixed; whereas that aid should be fixedwith particular reference to the costs of supply from the world marketand the conditions created by the geographical location of the French
overseas departments;
Whereas Commission Regulation (EEC) No 131/92(
3), as last amended
by Regulation (EC) No 1736/96(4), laid down common detailed rules for
implementation of the specific measures for the supply of certain
agricultural products to the French overseas departments; whereas
further rules adapted to the commercial practices in the sector ofvegetable oils (other than olive oil) for use in the processing industryconcerning, in particular, the duration of validity of the certificates andthe amount of the security to ensure that operators comply with theirobligations should be adopted;
Whereas this Regulation should enter into force as soon as possible so
that licences can be issued as quickly as possible;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee on Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of Article 2 of Regulation (EEC) No 3763/91, the
quantity of the assessment of supply requirements of vegetable oils(other than olive oil) for the processing industry falling within CN codes
1507 to 1516 (except 1509 and 1510) exempt from customs duty when
imported into the French overseas departments or entitled to aid whenbrought in from elsewhere in the Community is hereby fixed andallocated as indicated in the Annex hereto.
The French authorities may adjust this allocation by an amount not
exceeding 20% of the quantity for each department. They shall informthe Commission thereof.1997R0028 — EN — 25.10.2000 — 005.001 — 2
(1) OJ No L 356, 24. 12. 1991, p. 1.
(2) OJ No L 267, 9. 11. 1995, p. 1.
(3) OJ No L 15, 22. 1. 1992, p. 13.
(4) OJ No L 225, 6. 9. 1996, p. 3.▼M1
▼B
Article 2
For the purposes of Article 2 (4) of Regulation (EEC) No 3763/91, aid
for the supply to the French overseas departments of vegetable oils
(other than olive oil) for the processing industry falling within CN codes
1507 to 1516 (except 1509 and 1510) from elsewhere in the Communityis fixed under the assessment of supply requirements at ECU 30 pertonne for French Guiana and Martinique and ECU 35 per tonne forRéunion.
Article 3
France shall designate the authority responsible for:
(a) issuing the exemption certificate referred to in Article 2a (1) of
Regulation (EEC) No 131/92;
(b) issuing the aid certificate referred to in Article 3 (1) of Regulation
(EEC) No 131/92;
(c) paying the aid to the operators concerned.
Article 4
1. Applications for licences shall be made to the responsible authority
during the first five working days of each month. An application shall be
considered only if:
(a) the quantity applied for does not exceed the maximum quantity of
vegetable oils (other than olive oil) available under the assessmentof supply requirements published by the French authorities;
(b) before expiry of the deadline for the submission of applications for
licences, proof has been provided that the person concerned haslodged asecurity of ECU 25 per tonne.
Applications may be submitted for the first time at the beginning of
January 1997.
2. Licences shall be issued no later than the tenth working day of
each month.
3. Where licences are issued for less than the quantities applied for,
the operator concerned may withdraw his application in writing withinthree working days of issue of the licence. In that case, the security shall
be released immediately.
4. The maximum quantity available under the assessment of supply
requirements shall be published by the authority responsible during thelast week of each month.
5. For January 1997 the authorities responsible shall determine the
first period for submitting applications for licences and shall issue the
licences as soon as possible.
Article 5
Exemption certificates and aid certificates shall expire on the last day of
the second month following that in which they were issued.
Article 6
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .1997R0028 — EN — 25.10.2000 — 005.001 — 3
▼B
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1997R0028 — EN — 25.10.2000 — 005.001 — 4
▼M5
ANNEX
Assessmentofsupplyrequirementsforvegetableoils(otherthanoliveoil)for
the processing industry falling within CN codes 1507 to 1516 (except 1509
and1510)fortheFrenchoverseasdepartmentsfor2000
Department Quantity (in tonnes)
French Guiana 400
Martinique 2 000
Réunion 10 500Guadeloupe 300
Total 13 2001997R0028 — EN — 25.10.2000 — 005.001 — 5