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"B COMMISSION REGULATION (EEC) No 2177/92
of 30 July 1992
laying down detailed rules for the application of the specific supply arrangements for the Azores,
Madeira and the Canary Islands with regard to sugar and amending Regulation (EEC) No 2670/81
(OJ L 217, 31.7.1992, p. 71)
Amended by:
Official Journal
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 9.12.19971992R2177 — EN — 01.07.1997 — 010.001 — 1
COMMISSION REGULATION (EEC) No 2177/92
of 30 July 1992
laying down detailed rules for the application of the specific supply
arrangements for the Azores, Madeira and the Canary Islands with
regard to sugar and amending Regulation (EEC) No 2670/81
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992
concerning specific measures for the Azores and Madeira relating to
certain agricultural products (1), and in particular Article 10 thereof,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992
concerning specific measures for the Canary Islands with regard to
certain agricultural products (2), and in particular Articles 3 (4) and 7 (2)
thereof,
Having regard to Council Regulation (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 agricultural products
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 those common and special
detailed rules apply to imports of sugar under the specific supply
arrangements 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 of estimates;
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 or
sugar syrups to the regions in question, without discrimination between
them;
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 exemption
from import duties on products from third countries; whereas supplies of
sugar from other regions of the Community are ensured by virtue of!B
(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. 27.1992R2177 — EN — 01.07.1997 — 010.001 — 2
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 processors on the same footing as regards
supplied as those on the world market, is not justified in this case;
Whereas, for the sake of sound management of the supply arrangements,
a sufficient security should be fixed and appropriate conditions laid
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 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 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
conversion 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
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 account
in 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 in
Commission Regulation (EEC) No 2670/81 of 14 September 1981 laying
down detailed implementing rules in respect of sugar production 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 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 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 1601/92
respectively, 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 Community
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 of
Regulation (EEC) No 2670/81 and imported for consumption into the
Canary Islands and Madeira in the form of white sugar falling within CN!B
(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. 26.1992R2177 — EN — 01.07.1997 — 010.001 — 3
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 levy within the limit of the
corresponding 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 which is
sent to Madeira and the Canary Islands for consumption in those regions
shall qualify, upon application to be submitted in accordance 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
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 white sugar,
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 progress simultaneously, the
maximum amount to be taken into consideration shall be that 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 for refining and
consumption in that region shall qualify, upon application to be
submitted 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 to
Madeira and the Canary Islands shall qualify, non upon application to be
submitted 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 and
per 100 kilograms net of the syrup in question, to one hundreth of the
maximum amount in question referred to in Article 2 (2) of this
Regulation.!B
(1) OJ No L 143, 25. 6. 1968, p. 6.!M4
!B1992R2177 — EN — 01.07.1997 — 010.001 — 4
Article 5
1. the security in respect of the aid certificate shall be ECU "M75,4
3per 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 deem appropriate 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 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 export to 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 accession
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 the form of
white sugar falling within CN code 1701 or into the Azores in the
form 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) No
1601/92, it shall be regarded as being exported to a third country
within the meaning of Article 26 (1) of Regulation (EEC) No
1785/81 and originating in that third country for the purposes of the
application of the said scheme.’!B
(1) OJ No L 57, 1. 3. 1986, p. 27.!M6
!B
!M2
!B1992R2177 — EN — 01.07.1997 — 010.001 — 5
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.!B1992R2177 — EN — 01.07.1997 — 010.001 — 6
ANNEX
Quantities of sugar expressed in terms of tonnes of white sugar, referred to in
Article 1 of Regulation (EEC) No 2177/92
Region Quantity
I. Period from 1 July 1997 to 30 June 1998
Canary Islands 60 000
II. Period from 1 July 1997 to 30 June 1998
– Azores 6 500
– Madeira 10 000!M121992R2177 — EN — 01.07.1997 — 010.001 — 7