1992R2168 — EN — 01.04.1994 — 003.001 — 1
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►B 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
(OJ L 217, 31.7.1992, p. 44)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 714/93 of 26 March 1993 L 74 42 27.3.1993
►M2Commission Regulation (EEC) No 1774/93 of 2 July 1993 L 162 21 3.7.1993
►M3Commission Regulation (EC) No 802/94 of 11 April 1994 L 93 1 12.4.1994
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▼B
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,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1601/92 (
1), of 15 June
1992, introducingspecific measures for the Canary Islands concerningcertain agricultural products, and in particular Articles 20 (3) and 21thereof,
Whereas in application of Articles 2 and 3 of Regulation (EEC) No
1601/92 it is necessary to determine for seed potatoes quantities of theforecast supply balance which benefit from an exemption of the levy ondirect imports from third countries or from aid for deliveries originatingfrom the rest of the Community;
Whereas this aid must be fixed takinginto account the costs of supply
from the world market, and the conditions due to the geographicalsituation 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 ceilingof 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 themarket duringthe periods which are crucial for the marketingof theCanary Islands’ production; whereas it is appropriate to fix the sensitiveperiod as well as the maximum quantities of potatoes to be delivered tothe Canary Islands duringthe 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 termsof 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
▼M2
Article 1
For the purposes of Articles 2 and 3 of Regulation (EEC) No 1601/92,
the quantity of the forecast supply balance for seed potatoes fallingwithin CN code 0701 10 00 which qualifies for exemption from theimport levy on products comingdirectly into the Canary Islands fromthird countries or for Community aid is hereby fixed at 12 000 tonnesfor the period from 1 July 1993 to 30 June 1994.
(1) OJ No L 173, 27. 6. 1992, p. 13.
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Article 2
The aid provided for in Article 3 (2) of Regulation (EEC) No 1601/92
for seed potatoes included in the forecast supply balance and whichcome from the Community market is fixed at ECU 3,50 per 100 Kg.
Article 3
Spain shall designate the competent authority for:
(a) the delivery of exemption certificates as provided for in Article 3
(1) of Regulation (EEC) No 1695/92 (
1);
(b) the delivery of the aid certificate provided for in Article 4 (1) of
Regulation (EEC) No 1695/92;
(c) the payment of the aid to the operators concerned.
Article 4
1. Requests for certificates shall be presented to the competent
authority duringthe first five workingdays of every month. A requestfor a certificate shall only be valid if:
(a) it does not exceed the maximum quantity available for seed pota-
toes published by Spain;
(b) before the expiry of the period provided for the presentation of
requests for certificates, proof has been provided that the interestedparty has lodged a security of ECU 1,75 per 100 Kg.
2. Certificates shall be delivered on the 10th workingday of every
month at the latest.
3. Where certificates are issued for quantities which are less than
those requested, the operator concerned can withdraw his request, inwriting , within three workingdays followingthe issue of the certificate.The relative guarantee is also freed.
4. The maximum quantity available shall be published by the
competent body duringthe last week of the month precedingthe monthwhen the certificate is requested.
Article 5
The duration of the validity of import certificates and aid certificates
shall expire on the last day of the second month followingthat of theirdelivery.
TITLE II
Aid for the production of potatoes
Article 6
1. The aid for the production of ware potatoes fallingunder heading s
CN codes 0701 90 51, 0701 90 59 and 0701 90 90 as provided for byArticle 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 declara-tion of the areas cultivated.
2. Where cultivation has not been proceeded until the ripeningof the
product, the competent national authorities may accept cases of force
majeureand natural disasters havinga major effect on the area farmed
by the declarant as justifyingmaintenance of the entitlement to aid.
(1) OJ No L 179, 1. 7. 1992, p. 1.
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All cases of force majeure or natural disasters as referred to in the
procedingsubparag raph shall be notified within three days of the eventto the competent Spanish authority. Evidence thereof shall be providedwithin 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 wishingto obtain aid shall submit an application to
the competent agency before a date to be fixed by Spain. This date shallbe fixed in a way that allows the necessary on-the-spot checks to becarried out.
2. The application for aid shall at least include the followingparticu-
lars:
— 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 agencyresponsible for checkingthe areas.
3. Where the area for which the aid is requested exceeds the
maximum area as referred to in Article 20 of Regulation (EEC) No1601/92, the aid shall be granted to the applicants in proportion to thearea 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 isrequested. Spain shall fix the minimum number of fields to be checkedand the criteria for their selection, and inform the Commission thereof.
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 areameasured, less that excess.
2. If the excess exceeds the limits provided for in paragraph 1, the
application for the marketingyear in question shall be rejected. More-voer, the areas formingpart of the applicant’s holdingduringthemarketingyear in question shall be inelig ible for aid in the followingmarketingyear.
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 for force 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
▼M3
1. Duringthe period from 1 April to 31 October 1994, the deliveryof potatoes fallingwithin heading s CN 0701 90 51, 0701 90 59 and0701 90 90 from third countries and the rest of the Community to theCanary Islands, shall be limited to the quantities as set out in the Annex.
▼
B
Duringthis period the deliveries of the above-mentioned products mustbe accompanied by a ‘potato delivery certificate',hereafter referred to asa ‘certificate'.
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2. The certificate shall be drawn up on the basis of the import form
in the Annex to Regulation (EEC) No 3719/88 (1).
Article 8 (3) and (5) and Articles 9, 10, 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.
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 theexemption certificate shall be subject to the lodging of a security, theamount 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 certifi-
cate.
5. The request for the certificate must not concern a quantity which
exceeds the quantity available as regularly published by the competentauthorities.
6. Where the quantity for which a certificate is requested exceeds the
quantity referred to in Article 10 (1), the certificate shall be awarded tothe applicants in proportion to the quantities available.
7. Where certificates are issued for quantities which are less than
those requested, the operator concerned can withdraw his request, inwriting , within three workingdays followingthe 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 theCanary Islands'.
9. Proof of utilization of the certificate must be furnished within
thirty days followingexpiry 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 quantityreferred to in Article 10 (1) to the Canary Islands.
TITLE IV
Final provisions
▼M2
Article 11
The rate to be applied for convertingthe aid per hectare as referred to in
Article 6 into national currency shall be the agricultural conversion ratein force on the final date fixed for the submission of aid applications inaccordance with Article 7 (1).
▼
B
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.
(1) OJ No L 331, 2. 12. 1988, p. 1.
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ANNEX
Distribution of the quantities referred to in Article 10:
(tonnes)
Month Quantity
April 4 100
May 600
June 160
July 160
August 160
September 220
October 4 500