1993R2958 — EN — 17.06.2002 — 002.001 — 1
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►B COMMISSIONREGULATION(EEC)No2958/93
of27October1993
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EEC)No2019/93asregards
thespecific arrangementsforthesupplyofcertain agriculturalproducts
(OJ L 267, 28.10.1993, p. 4)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 1363/95 of 15 June 1995 L 132 8 16.6.1995
►M2 Commission Regulation (EC) No 1802/95 of 25 July 1995 L 174 27 26.7.1995
►M3 Commission Regulation (EC) No 1020/2002 of 13 June 2002 L 155 32 14.6.2002
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No2958/93
of27October 1993
laying down detailed rules for the application of Council Regula-
tion (EEC) No 2019/93 as regards the specific arrangements for
thesupplyofcertain agriculturalproducts
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2019/93 of 19 July
1993 introducing specific measures for the smaller Aegean islandsconcerning 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 conversion rates to beapplied for the purposes of the common 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 certainCommunity agricultural products, the exceptional geographical situa-tion of the smaller Aegean islands consist of benefits in the form offlat-rate aids for the supply of those products within the framework of
forecast 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 marketing costs, must be passed
on in the prices paid by the end user; whereas the Greek authoritiesmust adopt appropriate 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 suchproducts either in the unprocessed state or following processing;whereas special control measures must be adopted to that end; whereasthe Greek authorities are required to adopt the measures necessary toprevent the redispatch and exportation of the products concerned and,
where necessary, to impose penalties in respect thereof;
Whereas 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 ofthe supply procedures must determine the intervals at which theproducts are to be supplied and the quantities thereof in relation to theoutlets available for the products;
Whereas the supply arrangements can be administered on the basis of
the import licence from provided for in Commission Regulation (EEC)No 3719/88 (
3), as lastamended by Regulat ion (EEC) No 1963/93 (4);
whereas the issue of that document, hereinafter called the ‘aid certifi-
cate’, is subject to the lodging by the applicant of a securitiy equal to20 % 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 bemade for periodic communications to the Commission;1993R2958 — EN — 17.06.2002 — 002.001 — 2
(1) OJ No L 184, 27. 7. 1993, p. 1.
(2) OJ No L 387, 31. 12. 1992, p. 1.
(3) OJ No L 331, 2. 12. 1988, p. 1.
(4) OJ No L 177, 21. 7. 1993, p. 19.
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Whereas the procedures for the adoption of the rules for the application
of Regulation (EEC) No 2019/93 have not been completed within theperiod laid down therein; whereas, therefore, temporary provisions are
necessary for the granting of aid for 1993; whereas, therefore, the
provisions of this Regulation should apply immediately;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinions of the relevant management committees,
HAS ADOPTED THIS REGULATION:
Article 1
1. The flat-rate aid referred to in Article 3(1) of Regulation (EEC)
No 2019/93 is hereby fixed, for all products referred to in the Annexto that Regulation, at:
— EUR 22/tonne for consignments to the islands in group A referred
to in Annex I to this Regulation,
— EUR 36/tonne for consignments to the islands in group B referred
to in Annex II to this Regulation.
In addition, EUR 9/tonne shall be granted to cover re-loading and
transport costs from islands of transit or loading to islands of final
destination belonging to group A or group B where direct shipment
from the mainland is not possible or regular.
3. Aid shall be paid at the written request of the interested party andon presentation of an aid certificate on which the relevant entries havebeen duly made.
The Greek authorities shall lay down the time limits for the submission
of certificate applications and may make provision for a special appli-cation 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 itis lodged aft er
expiry of this period but within the following six months the aid paidshall 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, paymentshall t ake place only whenentitlement 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 certi-ficate.
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 supplybalance, by the authorities designated by Greece. The Greek authorities
may fix a time limit for the issue of the certificate.
8. 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 ofaid applicable.1993R2958 — EN — 17.06.2002 — 002.001 — 3
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If the applications exceed the quantities available for the period in
question, the quantities requested shall be reduced by applying a stan-dard coefficientof reduct ion.
9. The aid certificate shall be presented to the authorities 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 utilisation of the aid certificate shall be furnished
within two months following expiry of the period of validity of the
certificate, except in cases of force majeure .
Article 2
Certificates shall not be transferable.
Article 3
2. The Greek authorities shall take all appropriate steps to check that
the benefits derived from the grant of the aid are passed on to the enduser. In doing so they may assess the trading margins and pricesapplied by the various traders concerned.
These measures, and any amendments made, shall be notified to the
Commission.
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 fulfil the obliga-
tions, provisionally or definitively limit or suspend the right toapply 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.
Article 4
1. Traditional exports and traditional dispatches to the rest of the
Community of processed products containing raw materials that have
benefited from the specific supply arrangements are permitted within
the limits of annual quantities to be determined by the Commission inaccordance with the procedure referred to in Article 13a(2) of Regula-tion (EEC) No 2019/93. The competent authorities shall take thenecessary steps to ensure that those operations do not exceed theannual quantities laid down.
2. The competent authorities shall authorise the export or dispatch to
the rest of the Community of quantities of processed products otherthan those referred to in paragraph 1 only where it is attested that theproducts concerned do not contain raw materials introduced under thespecific supply arrangements.
The competent authorities shall carry out the necessary checks to
ensure the accuracy of the attestations referred to in the first subpara-
graph and shall recover, where appropriate, the aid granted under thespecific supply arrangements.
3. For the purpose of paragraphs 1 and 2, dispatch of products to
destinations outside Group A islands or outside Group B islands shallconstitute dispatch to the rest of the Community.1993R2958 — EN — 17.06.2002 — 002.001 — 4
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▼B
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Article 5
The Greek authorities shall notify the Commission no later than the last
day of each month of the following data relating to the previous month
but two, by product:
— the quantities for which aid certificates were applied for broken
down by recipientisland-group,
— the number of cases of non-utilisation of aid certificates and the
quantities involved broken down by recipient island-group,
— any quantities exported after processing in the context of the tradi-
tional exports broken down by destination,
— any quantities dispatched after processing in the context of the
traditional dispatches broken down by destination.
Article 7
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1993R2958 — EN — 17.06.2002 — 002.001 — 5
▼B
▼B
ANNEX I
ListofIslandsand‘nomos’belongingtoGroupA:
(Article 1)
— Thassos,
— Samothrace,— Sporades,— Kythira,— Antikythira,— Amoliani,— islands of the nomos of Evia, not including the island of Evia,
— the following islands of the nomos of Kiklades:
— Kea— Kythnos— Giaros— Andros— Tinos— Syros— Mykonos— Dilos— Rinia.1993R2958 — EN — 17.06.2002 — 002.001 — 6
▼M3
ANNEX II
Listof islands and ‘nomos’ belonging t o Group B:
(Article 1)
— nomos of Dodekanisa (Dodecanese),
— nomos of Khios,— nomos of Lesvos (Lesbos),— nomos of Samos,— islands of the nomos of Kiklades not included in Group A,— island of Gavdos.1993R2958 — EN — 17.06.2002 — 002.001 — 7