1992R3491 — EN — 01.07.1993 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 3491/92
of 2 December 1992
concerningthegrantintheAzoresofflat-rateaidfortheproductionofsugarbeetandspecialaid
for the processing of sugarbeet into white sugar
(OJ L 353, 3.12.1992, p. 21)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 1713/93 of 30 June 1993 L 159 94 1.7.1993
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COMMISSION REGULATION (EEC) No 3491/92
of 2 December 1992
concerning the grant in the Azores of flat-rate aid for the produc-
tion of sugarbeet and special aid for the processing of sugarbeet
into white sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June
1992 concerning specific measures for the Azores and Madeira relatingto certain agricultural products (
1), and in particular Article 25 (3)
thereof,
Having regard to Regulation (EEC) No 1676/85 of 11 June 1985 on the
value of the unit of account and the conversion rates to be applied forthe purposes of the common agricultural policy (
2), as lastamended by
Regulation (EEC) No 2205/90 (3), and in particular Article 12 thereof,
Whereas Article 25 of Regulation (EEC) No 1600/92 provides for the
grant, subject to certain conditions, of aid at a flat rate per hectare forthe development of sugarbeet production in the Azores and special aidfor the processing into white sugar of sugarbeet harvested in the Azores;
Whereas, in order to ensure that the aid is effective, conditions should
be laid down for their application, in particular the minimum conditionsfor their grant together with the administrative formalities to becompleted for that purpose;
Whereas provision should be made in respectof aid paid wit houtdue
entitlement;
Whereas Regulation (EEC) No 1600/92 entered into force on 1 July
1992; whereas since Portugal has already applied the criteria and condi-tions laid down in this Regulation in respect of the 1992/93 marketingyear, the Regulation should be made applicable with effect from thatyear;
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
Subject to the conditions in this Regulation, Portugal shall pay to
producers of sugarbeet harvested in the Azores and to processors ofsuch sugarbeet into white sugar in the Azores respectively the flat-rateaid per hectare and the special aid for processing referred to in Article25 of Regulation (EEC) No 1600/92.
Article 2
1. For the grant of the flat-rate aid per hectare, sugarbeet producers
shall, prior to the harvesting of the areas sown, make a declaration tothe competent authorities designated by Portugal and shall at the sametime present their aid application in writing.
2. The areas eligible for aid shall consistfor each producer of at
least:
(1) OJ No L 173, 27. 6. 1992, p. 1.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
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(a) 0,1 hectare for the 1992/93 marketing year;
(b) 0,2 hectare for the 1993/94 marketing year;
(c) 0,3 hectare for subsequent marketing years.
3. Aid applications shall be admissible only if the production of
sugarbeetper hect are is atleast25 t onnes.
4. The aid referred to in paragraph 1 shall be paid only after the
harvesting and the delivery of the sugarbeet in question to the processor,who shall notify the competent authorities of the quantity of sugarbeetdelivered by each sugarbeetproducer.
Article 3
1. For the grant of the special processing aid, the processing under-
taking shall submit an application in writing to the competent authori-ties.
The application shall indicate the quantity of white sugar produced from
sugarbeet harvested in the Azores and shall be accompanied by:
(a) proof of purchase of t he sugarbeetin respectof each producer who
delivered the processed sugarbeet and
(b) from the 1993/94 marketing year onwards, a written undertaking
not to refine raw sugar during the period of processing of thesugarbeet into white sugar.
2. The aid referred to in paragraph 1 shall be paid only after it has
been established that white sugar has been produced from the sugarbeetharvested in the Azores.
Article 4
1. Portugal shall take all the measures necessary to ensure that the
aid is granted only up to a maximum corresponding to the production inthe Azores of 10 000 tonnes of white sugar per marketing year.
2. Portugal shall take all the additional measures necessary for the
application of this Regulation and in particular those concerning theform of the aid applications, the checking of supporting documents aswell as the checking of land areas and the quantities of sugarbeetharvested and white sugar produced.
Article 5
Portugal shall notify the Commission:
(a) within three months following the entry into force of this Regula-
tion, of the additional measures adopted pursuant to Article 4 (2);
(b) within 45 working days of the end of each marketing year:
— of the areas and the overall amount for which the flat-rate aid
per hectare has been requested and paid,
— of the quantities of white sugar produced and the overall amount
of the special processing aid paid.
▼
M1
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Article 7
1. Where aid has been paid without due entitlement, the competent
authorities shall recover the amounts paid out, with interest from thedate on which the aid was paid to the date on which it is actuallyrecovered. The interest rate applicable shall be that in force for similarrecovery operations under Portuguese law.
2. The aid recovered together with the interest shall be paid to the
paying departments and agencies and deducted by them from the expen-
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diture financed by the European Agricultural Guidance and GuaranteeFund (EAGGF) in proportion to the Community contribution.
Article 8
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply with effect from the 1992/93 marketing year.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.