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"BCOMMISSION REGULATION (EEC) No 2168/92
of 30 July 1992
laying down detailed implementing rules for the specific measures for the Canary Islands with
regard to potatoes
(OJ L 217, 31.7.1992, p. 44)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 714/93 of 26 March 1993 L 74 42 27.3.1993
"M2 Commission Regulation (EEC) No 1774/93 of 2 July 1993 L 162 21 3.7.1993
"M3 Commission Regulation (EC) No 802/94 of 11 April 1994 L 93 1 12.4.1994
"M4 Commission Regulation (EC) No 1760/94 of 18 July 1994 L 183 17 19.7.1994
"M5 Commission Regulation (EC) No 3099/94 of 19 December 1994 L 328 13 20.12.1994
"M6 Commission Regulation (EC) No 1481/95 of 28 June 1995 L 145 42 29.6.1995
"M7 Commission Regulation (EC) No 1967/95 of 9 August 1995 L 189 29 10.8.1995
"M8 Commission Regulation (EC) No 984/96 of 31 May 1996 L 131 51 1.6.1996
"M9 Commission Regulation (EC) No 1909/96 of 2 October 1996 L 251 17 3.10.1996
"M10 Commission Regulation (EC) No 1166/97 of 26 June 1997 L 169 11 27.6.1997
"M11 Commission Regulation (EC) No 1494/97 of 29 July 1997 L 202 33 30.7.19971992R2168 — EN — 30.07.1997 — 011.001 — 1
COMMISSION REGULATION (EEC) No 2168/92
of 30 July 1992
laying down detailed implementing rules for the specific measures
for the Canary Islands with regard to potatoes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 1601/92 (1), of 15 June
1992, introducing specific measures for the Canary Islands concerning
certain agricultural products, and in particular Articles 20 (3) and 21
thereof,
Whereas in application of Articles 2 and 3 of Regulation (EEC) No
1601/92 it is necessary to determine for seed potatoes quantities of the
forecast supply balance which benefit from an exemption of the levy on
direct imports from third countries or from aid for deliveries originating
from the rest of the Community;
Whereas this aid must be fixed taking into account the costs of supply
from the world market, and the conditions due to the geographical
situation of the Canary Islands;
Whereas Article 20 of Regulation (EEC) No 1601/92 provides that aid
per hectare is granted for the production of ware potatoes up to a ceiling
of an area of 12 000 hectares per year, planted and harvested;
Whereas Article 21 of Regulation 1601/92 provides for a restriction on
deliveries of ware potatoes to the Canary Islands from third countries, or
from the rest of the Community, in order to avoid disturbance of the
market during the periods which are crucial for the marketing of the
Canary Islands’ production; whereas it is appropriate to fix the sensitive
period as well as the maximum quantities of potatoes to be delivered to
the Canary Islands during the second semester of 1992;
Whereas the provisions provided for in Regulation (EEC) No 1601/92
are applicable as from 1 July 1992; it is appropriate to apply the terms of
this Regulation as from the same date;
Whereas the measures provided for in the present regulation are in
conformity with the opinion of the Management Committee for seeds,
HAS ADOPTED THIS REGULATION:
TITLE I
Specific supply arrangements
Article 1
For the purposes of Articles 2 and 3 of Regulation (EEC) No 1601/92 the
quantity in the forecast supply balance of seed potatoes covered by CN
code 0701 10 00 qualifying for exemption from customs duty on imports
into the Canary Islands or for Community aid for products coming from
the rest of the Community shall be 12 000 tonnes for the period 1 July
1997 to 30 June 1998.!B
(1) OJ No L 173, 27. 6. 1992, p. 13.!M101992R2168 — EN — 30.07.1997 — 011.001 — 2
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Article 2
For the purposes of applying Article 3 (2) of Regulation (EEC) No
1601/92 aid shall be granted for the supply of seed potatoes to the Canary
Islands from the Community market. The aid shall be ECU 4,226 per 100
kilograms.
TITLE II
Aid for the production of potatoes
Article 6
1. The aid for the production of ware potatoes falling under headings
CN codes 0701 90 51, 0701 90 59 and 0701 90 90 as provided for by
Article 20 of Regulation (EEC) No 1601/92 is only paid for areas:
(a) which have been fully sown and had normal cultivation work carried
out upon them;
(b) for which an application has been submitted in accordance with
Article 7, such application to be treated as equivalent to a declaration
of the areas cultivated.
2. Where cultivation has not been proceeded until the ripening of the
product, the competent national authorities may accept cases of force
majeure and natural disasters having a major effect on the area farmed by
the declarant as justifying maintenance of the entitlement to aid.
All cases of force majeure or natural disasters as referred to in the
proceding subparagraph shall be notified within three days of the event
to the competent Spanish authority. Evidence thereof shall be provided
within one month from such notification.
Spain shall notify the Commission of cases which they recognize as
cases of force majeure or as natural disasters.
Article 7
1. Any producer wishing to obtain aid shall submit an application to the
competent agency before a date to be fixed by Spain. This date shall be
fixed in a way that allows the necessary on-the-spot checks to be carried
out.
2. The application for aid shall at least include the following
particulars:
— the name, forenames and address of the applicant,
— the areas cultivated in hectares and in ares, the cadastral reference of
such areas or an indication recognized as equivalent by the agency
responsible for checking the areas.
3. Where the area for which the aid is requested exceeds the maximum
area as referred to in Article 20 of Regulation (EEC) No 1601/92, the aid
shall be granted to the applicants in proportion to the area as indicated in
the request.
Article 8
Spain shall take the necessary control measures. These include the
measurement of a minimum number of fields for which the aid is
requested. Spain shall fix the minimum number of fields to be checked
and the criteria for their selection, and inform the Commission thereof.!M5
!B1992R2168 — EN — 30.07.1997 — 011.001 — 3
Article 9
1. If the check indicates an excess of up to 10 % but of not more than
one hectare in the area declared, aid shall be calculated on the area
measured, less that excess.
2. If the excess exceeds the limits provided for in paragraph 1, the
application for the marketing year in question shall be rejected.
Morevoer, the areas forming part of the applicant’s holding during the
marketing year in question shall be ineligible for aid in the following
marketing year.
3. If, for reasons attributable to the applicant, a check cannot be carried
out Article 9 (2) shall apply, except in cases of force majeure . Grounds
forforce majeure shall be supplied by the interested party in writing,
within ten days from the planned date of the check.
TITLE III
Restrictions on deliveries during sensitive periods
Article 10
1. Deliveries of ware potatoes falling within CN codes 0701 90 51,
0701 90 59 and 0701 90 90from third countries and the rest of the
Community to the Canary Islands during the sensitive periods of 1996,
1997 and 1998 shown in the Annex shall be limited to the quantities
given therein.
During this period the deliveries of the above-mentioned products must
be accompanied by a ‘potato delivery certificate’, hereafter referred to as
a ‘certificate’.
2. The certificate shall be drawn up on the basis of the import licence
form in the Annex to Commission Regulation (EEC) No 3719/88.
Article 8 (3) and (5), and Article 10, Articles 13 to 16, 19 to 22, 24 to 31
and 33 to 37 of Regulation (EEC) No 3719/88 shall apply, mutatis
mutandis , subject to the provisions of this Regulation.
The rights resulting from the certificate shall not be transferable during
their period of validity.
The holders of certificates issued before 30 July 1997 which have not
been fully used up before the end of their period of validity may, for the
remaining quantities, request them to be replaced by certificates the
rights under which may not be transferred, or request them to be
cancelled and any security released.
3. The words ‘potato delivery certificate’ shall be printed or stamped in
the upper left-hand corner of the certificate.
4. The certificate shall be issued at the request of the parties concerned
exclusively by the competent authorities designated by Spain, subject to
the quantity provided for in Article 10 (1). Issue of the exemption
certificate shall be subject to the lodging of a security, the amount of
which shall be fixed for each of the products in question.
The authorities may lay down a time limit for the issue of the certificate.5. The request for the certificate must not concern a quantity which
exceeds the quantity available as regularly published by the competent
authorities.
6. Where the quantity for which a certificate is requested exceeds the
quantity referred to in Article 10 (1), the certificate shall be awarded to
the applicants in proportion to the quantities available.!B
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!B
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7. Where certificates are issued for quantities which are less than those
requested, the operator concerned can withdraw his request, in writing,
within three working days following the issue of the certificate. The
relative guarantee is also freed.
8. The application for the certificate and the certificate itself, shall be
marked in box No 24 with the words ‘certificate to be used for the
Canary Islands’.
9. Proof of utilization of the certificate must be furnished within thirty
days following expiry of the period of validity of the certificate, except in
cases of force majeure .
10. The competent authorities administer the system of restrictions on
deliveries in a way that allows for the delivery of the quantity referred to
in Article 10 (1) to the Canary Islands.
TITLE IV
Final provisions
Article 11
The rate to be applied for converting the aid per hectare as referred to in
Article 6 into national currency shall be the agricultural conversion rate
in force on the final date fixed for the submission of aid applications in
accordance with Article 7 (1).
Article 11a
The period of validity of certificates for delivery to the Canary Islands
from third countries and the rest of the Community of potatoes for
human consumption falling within CN codes 0701 90 51, 0701 90 59
and 0701 90 90 shall be limited to the last day of the month in which
they are issued.
Article 12
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
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ANNEX
Allocation of the quantities referred to in Article 10
(in tonnes)
Sensitive periods
(month)1996 1997 1998
April — 4 765 5 240
May — 3 219 3 540June 274 301 332July 194 213 235August 194 213 235September 266 293 322October 3 795 4 174 4 592Total 4 723 13 178 14 496!
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