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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 1.12.19941992R2177 — EN — 01.12.1994 — 005.001 — 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 certainagricultural 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 specificarrangements for the supply of certain agricultural products to the CanaryIslands 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 sugarunder 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 ofRegulation (EEC) No 1600/92 and Article 3 of Regulation (EEC) No1601/92 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 aidrepresenting the refund required for exporting sugar or sugar syrups to theregions 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 termsequivalent, for the end user, to the advantage resulting from exemption fromimport duties on products from third countries; whereas supplies of sugar
from other regions of the Community are ensured by virtue of Community
aid; whereas therefore the possibility of granting production refunds providedfor in Article 9 (3) of Council Regulation (EEC) No 1785/81 (
11), as last
amended by Regulation (EEC) No 61/92 (12), designed in particular to put
Community processors on the same footing as regards supplied as those onthe world market, is not justified in this case;!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.
(11) OJ No L 177, 1. 7. 1981, p. 4.
(12) OJ No L 6, 11. 1. 1992, p. 19.1992R2177 — EN — 01.12.1994 — 005.001 — 2
Whereas, for the sake of sound management of the supply arrangements, a
sufficient security should be fixed and appropriate conditions laid down for itsrelease;
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 inecus 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 thirdcountries, 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 conversionrate 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 oftraditional 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) No1785/81; 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 implementingrules in respect of sugar production in excess of the quota (
1), as last amended
by Regulation (EEC) No 3559/91 (2), 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 ofArticle 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 thisRegulation 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 inquestion 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 schemeor 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 code 1701 or into theAzores 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 inthe 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 consumptionand stocks.!B
(1) OJ No L 262, 16. 9. 1981, p. 14.
(2) OJ No L 336, 7. 12. 1991, p. 26.1992R2177 — EN — 01.12.1994 — 005.001 — 3
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, asappropriate, 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 underthe standing invitation to tender for export of white sugar. Where two standinginvitations 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 followingmarketing 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 fallingwithin CN code ex17011210 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 toin 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 themaximum 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 inaccordance with Article 4 of, as appropriate, Regulation (EEC) No 1600/92 orof 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 maximumamount in question referred to in Article 2 (2) of this Regulation.
Article 5
1. the security in respect of the aid certificate shall be ECU 4.5 per 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.!B
(1) OJ No L 143, 25. 6. 1968, p. 6.!M4
!B1992R2177 — EN — 01.12.1994 — 005.001 — 4
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 Juneimmediately following the date of actual issued. However, if the actual issueoccurs 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 thesame 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 inquestion 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 whitesugar 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) No1600/92 or Article 3 of Regulation (EEC) No 1601/92, it shall beregarded 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.’
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.!B
(1) OJ No L 57, 1. 3. 1986, p. 27.!M6
!B
!M2
!B1992R2177 — EN — 01.12.1994 — 005.001 — 5
ANNEX
Quantities of sugar expressed in terms of tonnes of white sugar, referred to in
Article 1 of Regulation (EEC) No 2177/92 for the 1994/95 marketing year
Region Quantity
Azores 6 000
Madeira 10 000
Canary Islands 60 000!M51992R2177 — EN — 01.12.1994 — 005.001 — 6