1992R0980 — EN — 12.11.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M1 COMMISSION REGULATION (EEC) No 980/92
of 21 April 1992
laying down detailed rules for applying the aid scheme for the marketing of rice produced in
French Guiana ◄
(OJ L 104, 22.4.1992, p. 31)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 625/98 of 19 March 1998 L 85 6 20.3.1998
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COMMISSION REGULATION (EEC) No 980/92
of 21 April 1992
laying down detailed rules for applying the aid scheme for the
marketing of rice produced in French Guiana
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Economic
Community,
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 3 (5) thereof,
Whereas Article 3 (3) of Regulation (EEC) No 3763/91 institutes an aid
scheme for the disposal and marketingin Guadeloupe and Martinique ofrice produced in French Guiana, up to a maximum annual quantity of8 000 tonnes of wholly milled rice equivalent; whereas this measureconcerns both the marketingof products suitable for immediateconsumption and the disposal of products intended for processingandconsumption in the two overseas departments of destination;
Whereas the aid is to be paid on the basis of annual contracts between
producers in Guiana and natural or legal persons established in one orboth of the departments of destination; whereas the Council has fixedthe aid at 10 % of the value of the products delivered to the latterdepartments, and at 13 % of the said value where the ContractingPartyproducingthe rice is an association or union of producers;
Whereas it is necessary to determine the information which the contract
must contain to ensure that the aid scheme is properly applied and toprovide for contracts to be notified to the competent authorities beforethe beginning of the marketing period(s);
Whereas the settingof the abovementioned quantity of 8 000 tonnes of
wholly milled rice equivalent requires, firstly, the fixingof processingcoefficients for paddy rice, husked rice and wholly milled rice,secondly, the determination of an annual period for the submission ofaid applications to ensure equality of treatment of operators and, thirdly,the implementation where necessary of a mechanism for the pro-rataallocation of the aid at the end of the marketingyear on the basis of thequantities actually disposed of or marketed;
Whereas in order to fulfil the objective of the measure, the necessary
steps must be taken to ensure that the products benefitingfrom thescheme are not re-consigned or re-exported from the overseas depart-ments and do not benefit from export refunds;
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
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1. For the purposes of applyingthe aid scheme provided for inArticle 3(3) of Regulation (EEC) No 3763/91, annual contract means acontract by which an operator, either a natural or a legal person estab-lished elsewhere in the Community other than in French Guiana, under-takes, before the beginning of the marketing period, to dispose of ormarket in Guadeloupe, Martinique or elsewhere in the Community all or
(1) OJ No L 356, 24. 12. 1991, p. 1.
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part of the rice production of a producer or a producers’ association or
union in French Guiana.
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2. For the purposes of applyingthe aid scheme in question:
(a) ‘disposal'means the supply of a product with a view to its milling
or processinginto a product fit for human consumption;
(b) ‘marketing'means the supply of a product fit for human consump-
tion.
Article 2
1. Operators as referred to in Article 1 who intend to submit an
application for aid shall send the annual contract and all other relevantinformation to the competent authorities appointed by the FrenchGovernment before the start of the marketingperiod(s).
2. The contract shall at the very least include the followinginforma-
tion:
(a) the business names of the ContractingParties and their places of
establishment;
(b) the exact description of the product(s), in accordance with the
combined nomenclature;
(c) the quantities concerned;
(d) the duration of the commitment and the schedule for disposal or
marketing;
(e) the packaging and presentation method and the information relating
to transport (conditions and costs);
(f) the exact delivery stage;
(g) the contract delivery price.
If the ContractingParty producingthe rice is an association or union,
the information at (a) shall include the details necessary to identify thelegal person concerned.
3. The competent authorities shall assess the contracts for conformity
with Article 3 (3) of Regulation (EEC) No 3763/91 and with thisRegulation. They shall verify, in particular, that the contracts contain allthe information specified in paragraph 2.
They shall inform the operators if Article 5 is likely to be applied.
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4. For the purposes of Article 3(3) of Regulation (EEC) No 3763/91,applications for aid concerningthe period between 12 November 1995and 20 March 1998 shall be submitted to the competent departments ofthe French administration in accordance with conditions to be laid downby those departments.
Aid shall be paid on submission of proof satisfactory to the competent
departments that the products conferringentitlement to aid have in factbeen disposed of or marketed in Guadeloupe, Martinique or elsewherein the Community.
The competent departments shall make appropriate checks on the truth-
fulness and accuracy of the applications for aid and supportingdocu-ments.
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Article 3
1. For the purpose of granting the aid, the value of the disposed of or
marketed production to be taken into account shall be equivalent to thatof a delivery at the port of unloading, unloaded onto the means oftransport.
2. The value referred to in paragraph 1 shall be evaluated on the
basis of the annual contract, the particular transport documents and any
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other supportingdocuments submitted to justify the aid application orproduced at the request of the competent authorities.
Article 4
1. The application for aid shall be submitted by the operator referred
to in Article 1, in accordance with the Annex, duringthe period for thesubmission of applications fixed by the competent authorities. It shallconcern the quantities actually disposed of or marketed duringthemarketingyear.
2. After verifyingthe aid applications and attached supportingdocu-
ments, the competent authorities shall pay the Community aid duringthe two months followingthe end of the period for submission ofapplications.
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Article 5
1. If necessary, the competent French authorities shall lay down a
uniform coefficient of reduction to be applied to the applications inquestion to ensure that, each year, aid is not granted for a quantity,expressed in terms of milled rice equivalent, exceeding12 000 tonnesfor all the quantities for which applications have been submitted and,within that ceiling, exceeding 4 000 tonnes in respect of the quantitiesdisposed of or marketed elsewhere in the Community other than inGuadeloupe and Martinique.
2. The uniform coefficient or reduction shall be calculated as
follows:
(a) where the quantities in respect of which the applications for aid
submitted total less than 12 000 tonnes but, as regards rice disposedof or marketed elsewhere in the Community other than in Guade-loupe and Martinique, more than the maximum volume of 4 000tonnes, the coefficient i obtained from the formula:
i=4 000
x
where x is the quantity of rice from French Guiana actually disposed of
and marketed elsewhere in the Community other than in Martinique andGuadeloupe
shall be applied to that latter quantity;(b) where the quantities in respect of which the applications for aid
submitted total more than 12 000 tonnes but, as regards ricedisposed of or marketed elsewhere in the Community other than inGuadeloupe and Martinique, less than the maximum volume of4 000 tonnes, the coefficient j obtained from the formula:
j=12 000
y
where y is the total quantity of rice from French Guiana in respect of
which applications for aid were submitted
shall be applied to all the quantities of rice;
(c) where the quantities in respect of which the applications for aid
submitted total more than 12 000 tonnes and, as regards ricedisposed of or marketed elsewhere in the Community other than inGuadeloupe and Martinique, more than the maximum volume of4 000 tonnes, the coefficient z obtained from the formula:
z=12 000
( i*x )+k
where:
x is the quantity of rice from French Guiana actually disposed of and
marketed elsewhere in the Community other than in Martinique andGuadeloupe,
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i is the coefficient of reduction for applications for aid in respect of thequantity of rice from French Guiana actually disposed of and marketedelsewhere in the Community other than in Martinique and Guadeloupereferred to at (a),
k is the quantity of rice from French Guiana actually disposed of and
marketed in Martinique and Guadeloupe,
shall be applied.The competent French authorites shall immediately notify the Commis-
sion of the application of this paragraph and of the quantities involved.
3. Aid shall be paid in respect of quantities actually disposed of and
marketed under an annual contract or contracts and in accordance withthe applicable provisions.
4. For the purposes of this Article, the coefficient for the processing
of:
— paddy rice into wholly milled rice is fixed at 0,45,
— husked rice into wholly milled rice is fixed at 0,69,— semi-milled rice into wholly milled rice is fixed at 0,93.
Article 6
1. Products receivingaid under Article 3(3) of Reg ulation (EEC) No
3763/91 may not be exported; products disposed of and marketed inGuadeloupe and Martinique may not be reconsigned to the rest of theCommunity.
Products disposed of and marketed elsewhere in the Community which
have benefited from the aid referred to in the first subparagraph may notbe reconsigned to Guadeloupe, Martinique or French Guiana.
2. The competent authorities shall take all the necessary inspection
measures to ensure compliance with paragraph 1. Such measures shallinclude, in particular, unannounced physical checks. The Member Stateconcerned shall notify the Commission of the measures taken to thiseffect.
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Article 7
For the purposes of bookingEAGGF Guarantee Section expenditure
incurred under the aid scheme, the rate to be applied shall be theagricultural conversion rate obtaining on 1 September preceding themarketingor disposal of the products in question.
Article 8
Where aid has been paid out unduly, the competent authorities shall
recover the sums paid out, with interest from the date on which the aidwas paid out to the date on which it was actually recouped. Theapplicable rate of interest shall be that in force for analogous recoveryoperations under national law.
The aid recouped shall be paid to the disbursingauthorities or ag encies
and deducted by them from the expenditure financed by the EuropeanAgricultural Guidance and Guarantee Fund.
Article 9
The French authorities shall, as necessary, adopt any additional arrange-
ments needed to ensure that this Regulation is properly applied. Theyshall notify such arrangements to the Commission within the threemonths followingthe entry into force of this Reg ulation.
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No later than 30 June and 31 December of each year, the competentFrench authorities shall send the Commission full informationconcerningimplementation of the aid scheme, and in particular the
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quantities concerned, the amount of aid granted and the destination ofthe consignments.
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Article 10
This Regulation shall enter into force on the seventh day following its
publication 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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ANNEX