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"BCOMMISSION REGULATION (EC) No 28/97
of 9 January 1997
laying down detailed rules for implementation of the specific measures for the supply of certain
vegetable oils for the processing industry in the French overseas departments and assessing supply
requirements
(OJ L 6, 10.1.1997, p. 15)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 96/98 of 14 January 1998 L 9 29 15.1.1998
"M2 Commission Regulation (EC) No 2296/98 of 23 October 1998 L 287 8 24.10.19981997R0028 — EN — 24.10.1998 — 002.001 — 1
COMMISSION REGULATION (EC) No 28/97
of 9 January 1997
laying down detailed rules for implementation of the specific
measures for the supply of certain vegetable oils for the processing
industry in the French overseas departments and assessing supply
requirements
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 3763/91 of 16 December
1991 introducing specific measures in respect of certain agricultural
products for the benefit of the French overseas departments (
1), as last
amended by Regulation (EC) No 2598/95 (2), and in particular Article 2
(6) thereof,
Whereas Article 2 of Regulation (EEC) No 3763/91 requires an
assessment of the supply requirements of the French overseas depart-
ments in vegetable oils (other than olive oil) for use in the processing
industry to be drawn up and the amount of aid for products from the rest
of the Community fixed; whereas that aid should be fixed with particular
reference to the costs of supply from the world market and the conditions
created by the geographical location of the French overseas departments;
Whereas Commission Regulation (EEC) No 131/92 (3), as last amended
by Regulation (EC) No 1736/96 (4), laid down common detailed rules for
implementation of the specific measures for the supply of certain
agricultural products to the French overseas departments; whereas
further rules adapted to the commercial practices in the sector of
vegetable oils (other than olive oil) for use in the processing industry
concerning, in particular, the duration of validity of the certificates and
the amount of the security to ensure that operators comply with their
obligations should be adopted;
Whereas this Regulation should enter into force as soon as possible so
that licences can be issued as quickly as possible;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee on Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of Article 2 of Regulation (EEC) No 3763/91, the
quantity of the assessment of supply requirements of vegetable oils
(other than olive oil) for the processing industry falling within CN codes
1507 to 1516 (except 1509 and 1510) exempt from customs duty when
imported into the French overseas departments or entitled to aid when
brought in from elsewhere in the Community is hereby fixed and
allocated as indicated in the Annex hereto.
The French authorities may adjust this allocation by an amount not
exceeding 20% of the quantity for each department. They shall inform
the Commission thereof.!B
(1) OJ No L 356, 24. 12. 1991, p. 1.
(2) OJ No L 267, 9. 11. 1995, p. 1.
(3) OJ No L 15, 22. 1. 1992, p. 13.
(4) OJ No L 225, 6. 9. 1996, p. 3.!M11997R0028 — EN — 24.10.1998 — 002.001 — 2
Article 2
For the purposes of Article 2 (4) of Regulation (EEC) No 3763/91, aid
for the supply to the French overseas departments of vegetable oils (other
than olive oil) for the processing industry falling within CN codes 1507
to 1516 (except 1509 and 1510) from elsewhere in the Community is
fixed under the assessment of supply requirements at ECU 30 per tonne
for French Guiana and Martinique and ECU 35 per tonne for Réunion.
Article 3
France shall designate the authority responsible for:
(a) issuing the exemption certificate referred to in Article 2a (1) of
Regulation (EEC) No 131/92;
(b) issuing the aid certificate referred to in Article 3 (1) of Regulation
(EEC) No 131/92;
(c) paying the aid to the operators concerned.
Article 4
1. Applications for licences shall be made to the responsible authority
during the first five working days of each month. An application shall be
considered only if:
(a) the quantity applied for does not exceed the maximum quantity of
vegetable oils (other than olive oil) available under the assessment of
supply requirements published by the French authorities;
(b) before expiry of the deadline for the submission of applications for
licences, proof has been provided that the person concerned has
lodged a security of ECU 25 per tonne.
Applications may be submitted for the first time at the beginning of
January 1997.
2. Licences shall be issued no later than the tenth working day of each
month.
3. Where licences are issued for less than the quantities applied for, the
operator concerned may withdraw his application in writing within three
working days of issue of the licence. In that case, the security shall be
released immediately.
4. The maximum quantity available under the assessment of supply
requirements shall be published by the authority responsible during the
last week of each month.
5. For January 1997 the authorities responsible shall determine the first
period for submitting applications for licences and shall issue the
licences as soon as possible.
Article 5
Exemption certificates and aid certificates shall expire on the last day of
the second month following that in which they were issued.
Article 6
This Regulation shall enter into force on the 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.!B1997R0028 — EN — 24.10.1998 — 002.001 — 3
ANNEX
Assessment of supply requirements for vegetable oils (other than olive oil) for
the processing industry falling within CN codes 1507 to 1516 (except 1509 and
1510) for the French overseas departments for 1998.
Department Quantity (in tonnes)
French Guiana 400
Martinique 2 000
Réunion 9 200
Guadeloupe 300
Total 11 900!M21997R0028 — EN — 24.10.1998 — 002.001 — 4