1992R0388 — EN — 01.01.1999 — 003.001 — 1
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►B COMMISSION REGULATION (EEC) No 388/92
of 18 February 1992
layingdowndetailedrulesforimplementationofthespecificarrangementsforthesupplyofcereal
products to the French overseas departments (FOD) and establishing the forecast supply balance
(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
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▼B
COMMISSION REGULATION (EEC) No 388/92
of 18 February 1992
laying down detailed rules for implementation of the specific
arrangementsforthesupplyofcerealproductstotheFrenchover-seas departments (FOD) and establishing the forecast supply
balance
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3763/91 of 16
December 1991 introducingspecific 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 supplementingor derog atingfrom theprovisions 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 interchangethe quantities planned for the products in question and, if the needarises, to increase the overall quantity fixed for feed grain during thecourse of the financial year;
Whereas provision should be made for the Member State to designate
the competent authority for issuingimport licences and aid certificates,and for handlingaid applications and payments;
Whereas provision should be made for a timetable for submitting
licence and certificate applications, and for establishingadmissibilityrequirements for these applications, in particular as regards the lodgingof securities; whereas, in addition, the period of validity of importlicences and aid certificates should be fixed in accordance with supplyneeds and the requirements of sound administration by granting, giventhe local situation in the FOD, a longer period of validity for aidcertificates;
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 questionbetween the month of application for aid certificates and the month inwhich the certificates are used, in order to prevent, before the harvest,supply commitments which benefit from aid for the new marketingyear, and to take account of the practices in the cereals sector;
(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.
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▼B
Whereas, to ensure the sound administration of the supply arrange-
ments, additional requirements should be laid down for the release ofthe security;
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 fore-
cast supply balance quantities eligible for exemption from duties onimports from third countries or for Community aid shall be as specifiedin the Annex.
▼
M5
2. Without prejudice to any increase duringthe course of the finan-cial year of the overall quantity fixed for cereals, the respective quant-ities fixed for one or other of the cereals in question may be exceed by amaximum of 20 %, provided that the overall quantity is adhered to.Sorghum shall be treated as maize for the purposes of this Regulation.
▼
M1
3. For the purposes of applyingArticles 2 and 3 (1) of CouncilRegulation (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 applyingg eneralized tariff preferences for 1991 inrespect of certain agricultural products originating in developing coun-tries(
1), as last amended by Regulation (EEC) No 3587/91. (2)
▼B
Article 2
The Member State shall designate the competent authority for:
(a) issuingthe import licence provided for in Article 2 of Reg ulation
(EEC) No 131/92;
(b) issuingthe aid certificate provided for in Article 3 of that Reg ula-
tion; and
(c) payment of the aid to the operators concerned and the administra-
tion of securities.
Article 3
The provisions of Regulation (EEC) No 131/92 shall apply mutatis
mutandis.
Article 4
▼M5
1. Applications for licences and certificates shall be submitted to thecompetent authority duringthe first five workingdays of each month.However, applications for aid certificates for the supply of cereal prod-ucts fallingwithin CN codes 1103 and 1107 as well as products fallingwithin 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 applica-tions for aid certificates for the supply of cereals to the department ofFrench Guiana, may be submitted on any workingday of each month. Alicence or certificate application shall be admissable only if:
(a) it does not exceed the maximum quantity available for each period
duringwhich applications must be lodg ed;
(1) OJ No L 370, 20. 12. 1990, p. 86.
(2) OJ No L 341, 12. 12. 1991, p. 1.
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▼M5
(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.
▼
B
2. If licences and certificates are issued for quantities less than thequantities applied for, as a result of a single reduction coefficient beingfixed, operators may withdraw their applications in writingwithin atime limit of one workingday followingthe date on which the reductioncoefficient is fixed.
Article 5
1. The period of validity of import licences shall expire on the last
day of the month followingthe month in which they were issued.
2. The period of validity of aid certificates shall expire on the last
day of the second month followingthe month in which they wereissued.
▼
M8
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 thatmarketingyear for the cereal in question, multiplied by the numberof months elapsingbetween the month in which the aid certificate isapplied 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 followingthe day the certificate applicationis submitted;
(b) in the case of maize and grain sorghum, for the period November of
one marketingyear to Aug ust of the followingmarketingyear, bythe monthly increase applicable to the intervention price fixed forthe former marketingyear for the cereal in question, multiplied bythe number of months elapsingbetween 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 madeon the first day of the calendar month followingthe day the certifi-cate application is submitted;
(c) in the case of malt and durum wheat meal, for the period August to
May of the same marketingyear, by the monthly increase applic-able to the intervention price fixed for that marketingyear, multi-plied on the one hand by the number of months elapsingbetweenthe month in which the aid certificate is applied for and the monthin which each quantity is charged against the certificate and, on theother hand, by the processingcoefficients 1,3 and 1,5 for malt anddurum wheat meal respectively. The first adjustment shall takeplace on the first day of the calendar month followingthe day thecertificate application 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 marketingyear and for all supplies charg edagainst the certificate during the new marketing year, as follows:the aid shall be reduced by an amount equal to the differencebetween the intervention prices, not includingmonthly increases,for the former and the new marketingyears and by an amount equalto the monthly increase for the new marketingyear, multiplied bythe number of months from August inclusive to the month in whichthe certificate application is submitted;
▼
M9
(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 differencebetween the intervention price, not includingmonthly increases, for
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▼M9
the former and the new marketingyears and by an amount equal tothe monthly increase for the former marketingyear, multiplied bythe number of months from November inclusive to the month inwhich the aid application is submitted.
▼
M8
However, the adjustments provided for in (d) and (e) shall not apply
where the operator provides proof to the satisfaction of the competentauthorities 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 ladingor other transport
document providingsufficient g uarantees and duly established at thetime of dispatch.
▼
B
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 quant-ities entered 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 publica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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▼M16
ANNEX
Cereals supply balance for the French overseas departments (1999)
(tonnes)
Cereals originating in third
countries (ACP/developing
countries) or ECCommon
wheatDurum
wheatBarley MaizeDurum
wheat meal
and groatsMalt
Guadeloupe 60 000 — 2 500 16 000 — 100
Martinique 1 500 — 4 500 22 000 1 000 500
French Guiana 200 — 300 2 000 — —
Réunion 32 500 — 19 500 100 000 — 3 500
Total 94 200 — 26 800 140 000 1 000 4 100
Total 266 100