2958/93 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COMMISSION REGULATION (EEC) No 2958/93
of 27 October 1993
laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 as
regards the specific arrangements for the supply of certain agricultural products
(OJ No L 267, 28. 10. 1993, p. 4)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 1363/95 of 15 June 1995 L 132 8 16. 6. 1995
Commission Regulation (EC) No 1802/95 of 25 July 1995 L 174 27 26. 7. 1995
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ICOMMISSION REGULATION (EEC) No 2958/93
of 27 October 1993
laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 as
regards the specific arrangements for the supply of certain agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic Community,
Having regard to Council Regulation (EEC) No 2019/93
of 19 July 1993 introducing specific measures for the
smaller Aegean islands concerning certain agricultural
products (
1), and in particular Article 4 thereof,
Having regard to Council Regulation (EEC) No 3813/92
of 28 December 1992 on the unit of account and the con-
version rates to be applied for the purposes of the com-
mon agricultural policy (2), and in particular Article 6
thereof,
Whereas the measures partially funded by the EAGGF
Guarantee Section and intended to offset, as regards the
supply of certain Community agricultural products, the ex-
ceptional geographical situation of the smaller Aegean is-
lands consist of benefits in the form of flat-rate aids for
the supply of those products within the framework of fore-
cast supply balances, the aids being adjusted in relation to
the remoteness of the various groups of islands benefiting
from them;
Whereas the effects of the benefits granted in the form of
aids, which are intended to cover the higher local market-
ing costs, must be passed on in the prices paid by the end
user; whereas the Greek authorities must adopt appropri-
ate measures to establish the effects thereof;
Whereas the local consumption of agricultural products
benefiting from the Community aids implies a prohibition
on the redispatch to other parts of the Community and the
exportation to third countries of such products either in
the unprocessed state or following processing; whereas
special control measures must be adopted to that end;
whereas the Greek authorities are required to adopt the
measures necessary to prevent the redispatch and exporta-
tion of the products concerned and, where necessary, to
impose penalties in respect thereof;
(1) OJ No L 184, 27. 7. 1993, p. 1.
(2) OJ No L 387, 31. 12. 1992, p. 1.
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IIWhereas the administering authorities should have at their
disposal the instruments necessary for ensuring that the
supply arrangements are used for their proper purpose,
namely the regular supply of products to users and the
passing-on of the benefits to the local consumer; whereas,
to that end, the authorities responsible for implementation
of the supply procedures must determine the intervals at
which the products are to be supplied and the quantities
thereof in relation to the outlets available for the products;
Whereas the supply arrangements can be administered on
the basis of the import licence from provided for in Com-
mission Regulation (EEC) No 3719/88 (1), as last amended
by Regulation (EEC) No 1963/93 (2); whereas the issue of
that document, hereinafter called the ‘aid certificate’, is
subject to the lodging by the applicant of a securitiy equal
to 20 % of the amount of the aid corresponding to the
quantity granted;
Whereas there should be a system of Community checks
on the measures taken by the Greek authorities in order
to ensure that they are properly implemented; whereas, to
that end, provision should be made for periodic communi-
cations to the Commission;
Whereas the procedures for the adoption of the rules for
the application of Regulation (EEC) No 2019/93 have not
been completed within the period laid down therein;
whereas, therefore, temporary provisions are necessary for
the granting of aid for 1993; whereas, therefore, the provi-
sions of this Regulation should apply immediately;
Whereas the measures provided for in this Regulation are
in accordance with the opinions of the relevant manage-
ment committees,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 331, 2. 12. 1988, p. 1.
(2) OJ No L 177, 21. 7. 1993, p. 19.
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1Article 1
1. The flat-rate aid referred to in Article 3 (2) of Re-
gulation (EEC) No 2019/93 is hereby fixed, for all prod-
ucts referred to in the Annex thereto, at:
—E C U 18/tonne for consignments to the islands in
group A referred to in Annex I,
—E C U 36/tonne for consignments to the islands in
group B referred to in Annex II.
2. However, for fruit and vegetables, the amounts of aid
referred to above shall be reduced in accordance with the
second subparagraph of Article 3 (2) of Regulation (EEC)
No 2019/93, as from 1994.
3. Aid shall be paid at the written request of the inter-
ested party and on presentation of an aid certificate on
which the relevant entries have been duly made.
The Greek authorities shall lay down the time limits for
the submission of certificate applications and may makeprovision for a special application form.
4. The application must be lodged no later than
12 months after the date of the entries, except in cases of
force majeure. If it is lodged after expiry of this period but
within the following six months the aid paid shall be 85 %
of that applicable.
The aid shall be paid by the Greek authorities not later
than two months after the date on which the application
was lodged, except:
(a) in cases of force majeure;
or
(b) where an administrative enquiry into entitlement to the
aid has been opened. In such cases, payment shall take
place only when entitlement has been recognized.
5. The aid certificate shall be drawn up on the import
licence form set out in the Annex to Regulation (EEC)
No 3719/88.
Articles 8 (3) and (5), 9, 10, 13 to 16, 19, 20 and 21, 24 to
31 and 33 to 37 of Regulation (EEC) No 3719/88 shall
apply, mutatis mutandis , subject to the provisions of this
Regulation.
6. The entry ‘Group A aid certificate’ or ‘Group B aid
certificate’ shall be printed or stamped in box 20 (special
particulars) of the certificate.
Boxes 7 and 8 of the certificate shall be struck out.
7. The aid certificate shall be issued at the request of
the parties concerned, subject to the quantity provided for
in the forecast supply balance, by the authorities desig-
nated by Greece. The Greek authorities may fix a timel i m i tf o rt h ei s s u eo ft h ec e r t i f i c a t e .2958/93
1802/95
1802/95
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28. Issue of the aid certificate shall be conditional on the
lodging of a security, the amount of which shall be equal
to 20 % of the amount of aid applicable.
If the applications exceed the quantities available for the
period in question, the quantities requested shall be re-
duced by applying a standard coefficient of reduction.
9. The aid certificate shall be presented to the author-
ities of the place of destination at the same time as the
products to which it relates. The Greek authorities make
the relevant entries on the aid certificate.
10. Proof of utilization of the aid certificate shall be fur-
nished within 30 days following expiry of the period of
validity of the certificate, except in cases of force majeure.
Article 2
The rate to be used for the conversion of the aid referred
to in Article 1 (1) into national currency shall be the agri-
cultural conversion rate applicable on the day the relevant
quantities are charged against the aid certificate by the
Greek authorities.
Article 3
1. In the event of transfer of the product or certificate
to another party, the holder of the aid certificate shall in-
clude in the contract a clause guaranteeing that the bene-
fits of the measure will be passed on to the end user.
Such a clause shall be included in any subsequent contracts
relating to the product.
2. The Greek authorities shall take all appropriate steps
to check that the benefits derived from the grant of the
a i da r ep a s s e do n .
3. Where the benefits are not passed on, the Greek
authorities:
— shall recover all or part of the benefit granted from
the holder of the aid certificate,
— may, depending on the seriousness of the failure to ful-
fil the obligations, provisionally or definitively limit or
suspend the right to apply for aid certificates.
4. For the purposes of the first indent of paragraph 3:
— the holder of the aid certificate shall be considered to
have received the benefit granted,
— the benefit granted shall be equal to the amount of the
aid.2958/93
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3Article 4
1. The Greek authorities shall adopt the measures
necessary to prevent the redispatch to other parts of the
Community and the exportation to third countries of prod-
ucts, whether processed or unprocessed, which have bene-
fited from the supply arrangements, and shall communicate
these provisions to the Commission no later than 1 Febru-
ary 1994.
2. For the purpose of paragraph 1, redispatch of prod-
ucts to destinations outside Group A islands or outside
Group B islands shall constitute redispatch to another part
of the Community.
Article 5
The Greek authorities shall notify the Commission no later
than the last day of each month of the following data re-
lating to the previous month but one, by product:
— the quantities for which aid certificates were applied
for,
— the number of cases of non-utilization of aid certifi-
cates and the quantities involved,
drawn up separately for each recipient island-group.
Article 6
Aid for the quantities of products given in the supply bal-
ance estimated for 1993 shall be increased, by way of com-
pensation and reimbursement for the cost of supply, by anamount equal to 50 % of the flat-rate aid laid down; the
increase shall apply to consignments carried out until
31 December 1993 at the latest.
Article 7
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Commu-
nities.2958/93
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4ANNEX I
List of Islands and ‘nomos’ belonging to Group A:
(Article 1)
— Thassos,— Samothrace,
— Sporades,
—K y t h i r a ,— Antikythira,
—A m o l i a n i ,
— islands of the nomos of Evia, not including the island of
Evia,
— the following islands of the nomos of Kiklades:
—K e a— Kythnos
—G i a r o s
—A n d r o s
—T i n o s
—S y r o s— Mykonos
—D i l o s
— Rinia.2958/93
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5ANNEX II
List of Islands and ‘nomos’ belonging to Group B:
(Article 1)
— Nomos of Dodekanisa (Dodecanese),—K h i o s ,
—L e s v o s ( L e s b o s ) ,
—S a m o s ,— islands of the nomos of Kiklades not included in Group A.2958/93