2002R0020 — EN — 18.03.2004 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No20/2002
of28December 2001
laying down detailed rules for implementing the specific supply arrangements for the outermost
regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No
1454/2001
(OJ L 8, 11.1.2002, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 474/2002 of 15 March2002 L 75 25 16.3.2002
►M2Commission Regulation (EC) No 1215/2002 of 5 July 2002 L 177 3 6.7.2002
►M3Commission Regulation (EC) No 1174/2003 of 1 July 2003 L 164 3 2.7.2003
►M4Commission Regulation (EC) No 489/2004 of 16 March2004 L 79 18 17.3.2004
▼B
COMMISSIONREGULATION(EC)No20/2002
of28December 2001
laying down detailed rules for implementing the specific supply
arrangements for the outermost regions introduced by CouncilRegulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No
1454/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1452/2001 of 28 June
2001 introducing specific measures for certain agricultural products
for the French overseas departments, amending Directive 72/462/EEC
and repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91(Poseidom) (
1), and in particular the second subparagraph of Article
3(5), Articles 3(6), 6(5), 7(2) and 22 and the second paragraph ofArticle 26 thereof,
Having regard to Council Regulation (EC) No 1453/2001 of 28 June
2001 introducing specific measures for certain agricultural products
for the Azores and Madeira and repealing Regulation (EEC) No 1600/
92 (Poseima) (
2), and in particular the second subparagraph of Article
3(5), the first and second subparagraphs of Article 3(6), Articles 4(5),12(2) and 34 and the second paragraph of Article 38 thereof,
Having regard to Council Regulation (EC) No 1454/2001 of 28 June
2001 introducing specific measures for certain agricultural productsfor the Canary Islands and repealing Regulation (EEC) No 1601/92(Poseican) (
3), and in particular the second subparagraph of Article
3(5), Articles 3(6) and 4(5), the first subparagraph of Article 7(2),
Article 20 and the second paragraph of Article 24 thereof,
Whereas:
(1)Commission Regulation (EEC) No 131/92 (4), as last amended
by Regulation (EC) No 1736/96 (5), Commission Regulation
(EEC) No 1696/92 (6), as last amended by Regulation (EEC)
No 2596/93 (7), and Commission Regulation (EC) No 2790/
94(8), as last amended by Regulation (EC) No 1620/1999 (9),
laying down common detailed rules for implementing thespecific arrangements for the supply of certain agriculturalproducts to the French overseas departments, the Azores andMadeira and the Canary Islands, respectively, have been
amended several times. Moreover, in view of the amendments
made by Regulations (EC) Nos 1452/2001, 1453/2001 and1454/2001 and of experience gained, in order to simplify thelegislation, the three implementing Regulations should be recastin a single Regulation.
(2)Detailed implementing rules should be laid down for drawing upand amending the forecast supply balances for products eligibleunder the specific supply arrangements.
(3)Certain agricultural products which are exempt from import
duties already require an import licence. In the interests of
administrative simplification, the import licence should be usedto support the arrangements for exemption from import duties.
(4)A document should also be adopted to support the arrangementsfor exemption from import duties for other agricultural products2002R0020 — EN — 18.03.2004 — 005.001 — 2
(1) OJ L 198, 21.7.2001, p. 11.
(2) OJ L 198, 21.7.2001, p. 26.
(3) OJ L 198, 21.7.2001, p. 45.
(4) OJ L 15, 22.1.1992, p. 13.
(5) OJ L 255, 6.9.1996, p. 3.
(6) OJ L 179, 1.7.1992, p. 6.
(7) OJ L 238, 23.9.1993, p. 24.
(8) OJ L 296, 17.11.1994, p. 23.
(9) OJ L 192, 24.7.1999, p. 19.
▼B
which do not require an import licence. An exemption certifi-
cate, drawn up on the import licence form, should be used forthis purpose.
(5)Detailed rules should be laid down for fixing the amount of aidfor the supply of products from the Community under thespecific supply arrangements. Suchrules sh ould take account of
the additional costs of supply to the outermost regions due to
their remote and insular nature, which constitute a burden thatseverely handicaps them. In order to maintain the competitive-ness of Community products, this aid should take account ofthe prices applied to exports.
(6)The aid scheme for Community products may be administeredusing the import licence form, hereinafter called the ‘aid certifi-cate’, as an administrative support.
(7)Administration of the specific supply arrangements requiresdetailed rules on the issue of the above document which dero-gate from the normal rules applicable to import licences under
Commission Regulation (EC) No 1291/2000 of 9 June 2000
laying down common detailed rules for the application of thesystem of import and export licences and advance fixing certifi-cates for agricultural products (
1).
(8)Administration of the specific supply arrangements has twoobjectives: firstly, to ensure the rapid issue of licences and certi-ficates, in particular by no longer requiring a security to belodged beforehand in all cases, and the rapid payment of theaid for supplies of Community products. The second objective
is to ensure the control and monitoring of operations and to
provide the administrative authorities with the instruments theyneed to ascertain whether the objectives of the scheme are beingattained — these being, in particular, to ensure a regular supplyof certain agricultural products and to offset the effects of thegeographical situation of outermost regions by ensuring that the
benefits of the scheme are actually passed on to the stage at
which the products destined for the end users are placed on themarket.
(9)One of the above instruments consists of registering traderspursuing an economic activity in the context of the specificsupply arrangements. Registered traders are entitled to the bene-fits of the scheme, provided they meet the obligations laid downin the Community and national rules. Applicants should be
entitled to registration provided that they meet a certain number
of objective requirements designed to facilitate administration ofthe scheme.
(10)The detailed rules for administering the scheme must ensure that,for the quantities fixed in the forecast supply balance providedfor in Regulations (EC) Nos 1452/2001, 1453/2001 and 1454/2001, registered traders obtain a licence or certificate for theproducts and quantities involved in the commercial transactionswhich they carry out on their own account, by presenting docu-
ments certifying that the operation is genuine and the application
for a licence or certificate is in order.
(11)Monitoring of operations qualifying under the scheme requires,
inter alia , the period of validity of licences and certificates to
be suited to the requirements of air or sea transport, proof to befurnished that the supply operation covered by the licence orcertificate has been carried out in a short time-span, and thetransfer of the rights and obligations conferred on the holder ofthe document in question to be prohibited.
(12)The benefits granted in the form of exemption from importduties and aid for Community products must be passed on sothat they are reflected in production costs and in the prices paid2002R0020 — EN — 18.03.2004 — 005.001 — 3
(1) OJ L 152, 24.6.2000, p. 1.
▼B
by the end users. Checks are therefore needed to ensure that the
benefits are actually passed on.
(13)Regulations (EC) Nos 1452/2001, 1453/2001 and 1454/2001stipulate that products benefiting from the specific supplyarrangements may not be re-exported to third countries or redis-patched to the rest of the Community. However, thoseRegulations provide for a limited number of derogations to that
principle, which vary according to the region concerned.
Detailed rules should be laid down for checking how such dero-gations are used. In particular, the quantities of processedproducts which may be the subject of traditional exports orconsignments from the Canary Islands, the Azores and Madeiraand of traditional consignments from the French overseas depart-
ments should be determined on the basis of the average of
exports and consignments during 1989, 1990 and 1991, beforethe Poseican, Poseima and Poseidom arrangements entered intoforce, as established by the competent authorities. The conditionsfor authorising re-exports to third countries of unprocessed
products or packaged products resulting from local packaging
of suchproducts, as provided for in Regulation (EC) No 1454/2001, should also be laid down. Lastly, conditions should belaid down for authorising exports of products processed locally,as provided for in Regulations (EC) Nos 1452/2001 and 1453/2001, witha view to encouraging regional trade.
(14)The import duty exemption arrangements for C sugar supplies tothe Azores and Madeira and to the Canary Islands provided forin Commission Regulation (EEC) No 2177/92 (
1) should
continue to be applied during the period referred to in Article
10(1) of Council Regulation (EC) No 1260/2001 (2).
(15)In order to protect consumers and the commercial interests of
traders, products which are not of sound and fair marketablequality no later than the time when they are first placed on themarket should not qualify for the specific supply arrangements
and appropriate steps should be taken where this requirement is
not met.
(16)In the context of the partnership procedures in force for theoutermost regions, the competent authorities should lay down
the detailed administrative rules needed to ensure the manage-
ment and monitoring of the scheme. Moreover, to ensure thatthe arrangements are properly monitored, rules are needed tospecify the checks to be carried out. Administrative penalties toensure the smooth functioning of the mechanisms implementedshould therefore be defined.
(17)In order to be able to assess how the arrangements are beingimplemented, the competent authorities should be required tomake periodic communications to the Commission.
(18)The application of some of the provisions of this Regulation
should be delayed to allow the production of data needed to fix
the minimum level of the aid and, for the French overseasdepartments and the Azores and Madeira, to allow the Frenchand Portuguese authorities to comply with the new administra-tive requirements.
(19)The measures laid down in this Regulation are in accordancewith the opinions of all the Management Committees concerned,2002R0020 — EN — 18.03.2004 — 005.001 — 4
(1) OJ L 217, 31.7.1992, p. 71.
(2) OJ L 178, 30.6.2001, p. 1.
▼B
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERALPROVISIONS
Article 1
Purpose
This Regulation lays down the detailed rules for implementing the
import duty exemption arrangements and the Community supply
arrangements for the French overseas departments, the Azores andMadeira, and the Canary Islands in the context of the forecast supplyarrangements provided for in Article 2 of Regulation (EC) No 1452/2001, Article 2 of Regulation (EC) No 1453/2001 and Article 2 ofRegulation (EC) No 1454/2001 respectively.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall
apply:
(a) ‘outermost regions’: the regions referred to in Article 299(2) of the
Treaty, eachof th e Frenchoverseas departments being consideredas a separate outermost region;
(b) ‘competent authorities’: the authorities designated by the Member
State of which the outermost region concerned is part.
CHAPTER II
FORECASTSUPPLYBALANCES
Article 3
The forecast supply balances shall state the quantities needed to meet
the supply requirements of each outermost region every calendar year.They may be amended to take account of the actual state of theirimplementation and the local production situation.
CHAPTER III
IMPORTSFROMTHIRDCOUNTRIES
SECTION 1
Imports of products subject to the presentation of an import
licence
Article 4
Importlicences
1. Products subject to the presentation of an import licence shall be
exempt from import duties as provided for in Article 3(1) of Regulation
(EC) No 1452/2001, the first subparagraph of Article 3(1) of Regula-tion (EC) No 1453/2001 and the first subparagraph of Article 3(1) ofRegulation (EC) No 1454/2001 subject to presentation of that licence.
2. The competent authorities shall issue import licences at the
request of the parties concerned, subject to the limits of the forecast
supply balances.
Licences shall be drawn up in accordance with the model set out in
Annex I to Regulation (EC) No 1291/2000.
3. Section 20 of import licence applications and import licences
shall contain one of the following entries:
(a) in the French overseas departments:
(i) ‘products for the processing and/or packaging industry’,2002R0020 — EN — 18.03.2004 — 005.001 — 5
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(ii) ‘products intended for use as agricultural inputs’,
(iii) ‘bovine animals for fattening imported under Article 7(1) of
Regulation (EC) No 1452/2001’;
(b) in the Azores and Madeira:
(i) ‘products for the processing and/or packaging industry’,
(ii) ‘products for direct consumption’,
(iii) ‘products intended for use as agricultural inputs’,
(iv) ‘bovine animals for fattening, imported under Article 12(1)(a)
of Regulation (EC) No 1453/2001’;
(c) in the Canary Islands:
(i) ‘products for the processing and/or packaging industry’,
(ii) ‘products for direct consumption’,
(iii) ‘products intended for use as agricultural inputs’,
(iv) ‘bovine animals for fattening imported under the third subpar-
agraphof Article 7(1) of Regulation (EC) No 1454/2001’.
In all cases, section 20 of import licence applications and import
licences shall contain the entries: ‘exemption from import duties’ and‘licence to be used in [name of the outermost region]’.
4. Section 12 of import licences shall show the last day of validity.
5. Import duties shall be levied on quantities which exceed those
stated on the import licence. The tolerance of 5 % provided for in
Article 8(4) of Regulation (EC) No 1291/2000 shall be allowed,
provided that the import duties relating thereto are paid.
SECTION 2
Imports of products not subject to the presentation of an import
licence
Article 5
Exemptioncertificates
1. Products not subject to presentation of an import licence shall be
exempt from import duties as provided for in Article 3(1) of Regulation(EC) No 1452/2001, the first subparagraph of Article 3(1) of Regula-tion (EC) No 1453/2001 and the first subparagraph of Article 3(1) ofRegulation (EC) No 1454/2001 subject to presentation of an exemption
certificate.
2. Exemption certificates shall be drawn up on the import licence
form set out in Annex I to Regulation (EC) No 1291/2000.
Articles 8(5), 13, 15, 17, 18, 21, 23, 26, 27, 29 to 33 and 36 to 41 of
Regulation (EC) No 1291/2000 shall apply, mutatis mutandis , subject
to this Regulation.
3. The words ‘exemption certificate’ shall be printed or stamped in
the upper left-hand section of the certificate.
4. The competent authorities shall issue exemption certificates at the
request of the parties concerned, subject to the limits of the forecastsupply balances.
5. Section 20 of exemption certificate applications and exemption
certificates shall contain one of the following entries:
(a) in the French overseas departments:
(i) ‘products for the processing and/or packaging industry’,
(ii) ‘products intended for use as agricultural inputs’;
(b) in the Azores and Madeira:
(i) ‘products for the processing and/or packaging industry’,
(ii) ‘products for direct consumption’,
(iii) ‘products intended for use as agricultural inputs’;2002R0020 — EN — 18.03.2004 — 005.001 — 6
▼B
(c) in the Canary Islands:
(i) ‘products for the processing and/or packaging industry’,
(ii) ‘products for direct consumption’,
(iii) ‘products intended for use as agricultural inputs’.
In all cases, section 20 of exemption certificate applications and
exemption certificates shall contain the entries: ‘exemption from importduties’ and ‘certificate to be used in [name of the outermost region]’.
6. Section 12 of exemption certificates shall show the last day of
validity.
CHAPTER IV
COMMUNITYSUPPLY
Article 6
Fixingtheaid
For the purposes of fixing the aid to compensate for remoteness, the
Commission shall take account of the specific additional transport and
intermediate reloading costs involved in supplying goods to the outer-
most regions concerned.
For the purposes of fixing the aid to compensate for insular nature and
outermost location, the Commission shall take account of the specificadditional costs involved in local processing due to the small size of
the market, the need to guarantee security of supply and the specific
quality requirements for goods in the outermost regions concerned.
The Commission shall fix a flat-rate minimum level of aid.Where the highest level of refund granted by the Commission for
exports of similar products is higher than the flat-rate minimum aidreferred to above, the aid granted shall not exceed the amount of the
said refunds.
No aid shall be granted for the supply of products which have already
benefited from the specific supply arrangements in another outermostregion.
Article 7
Aidcertificates
1. Aid shall be paid on presentation of a fully-utilised aid certificate.
Presenting an aid certificate shall be tantamount to applying for the aid.
Except in cases of force majeure or climatic aberrations, certificates
must be presented within 30 days of the date on which they arecharged. Where that time limit is overrun, the aid shall be reduced by5 % per day of delay.
The aid shall be paid by the competent authorities not later than sixty
days after the date on which the utilised aid certificate is lodged,except:
(a) in cases of forcemajeure or climatic aberrations, or
(b) where an administrative enquiry has been opened concerning enti-
tlement to the aid. In such cases, payment shall take place onlywhen entitlement has been recognised.
2. Aid certificates shall be drawn up on the import licence form set
out in Annex I to Regulation (EC) No 1291/2000.
Articles 8(5), 13, 15, 17, 18, 21, 23, 26, 27, 29 to 33 and 36 to 41 of
Regulation (EC) No 1291/2000 shall apply, mutatis mutandis , subject
to this Regulation.
3. The words ‘aid certificate’ shall be printed or stamped in the
upper left-hand section of the certificate.
Sections 7 and 8 of the certificate shall be struck out.2002R0020 — EN — 18.03.2004 — 005.001 — 7
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4. Section 20 of aid certificate applications and aid certificates shall
contain one of the following entries:
(a) in the French overseas departments:
(i) ‘products for the processing and/or packaging industry’,
(ii) ‘products intended for use as agricultural inputs’;
(b) in the Azores and Madeira:
(i) ‘products for the processing and/or packaging industry’,
(ii) ‘products for direct consumption’,
(iii) ‘products intended for use as agricultural inputs’,
(iv) ‘live animals for fattening, introduced under Article 12(1)(b)
of Regulation (EC) No 1453/2001’;
(c) in the Canary Islands:
(i) ‘products for the processing and/or packaging industry’,
(ii) ‘products for direct consumption’,
(iii) ‘products intended for use as agricultural inputs’,
(iv) ‘live animals for fattening, introduced under the third subpara-
graphof Article 7(1) of Regulation (EC) No 1454/2001’.
For the purposes of this paragraph, pure-bred animals, animals of
commercial breeds and egg products shall be treated as agricultural
inputs.
In all cases, section 20 of aid certificate applications and aid certifi-
cates shall contain the entry: ‘certificate to be used in [name of theoutermost region]’.
5. Section 12 of aid certificates shall show the last day of validity.6. The amount of the aid applicable shall be that in force on the day
on which the application for the aid certificate is lodged.
7. The competent authorities shall issue aid certificates at the
request of the parties concerned, subject to the limits of the forecast
supply balances.
CHAPTER V
COMMONPROVISIONS
Article 8
Passingonthebenefitstotheenduser
1. For the purposes of Regulations (EC) Nos 1452/2001, 1453/2001
and 1454/2001, ‘benefit’ shall mean the exemption from customs dutyor the Community aid provided for in those Regulations.
2. For the purposes of Regulation (EC) No 1452/2001, ‘end user’
shall mean:
(a) in the case of products for the processing industry and intended for
human consumption:
(i) the final processor or packager, for the part of the aid intended
to compensate for remoteness, insularity and outermost loca-
tion,
(ii) the consumer, for the additional part of the aid intended to take
account of export prices;
(b) in the case of products intended for use as agricultural inputs, in
particular products intended for use as animal feed: the farmer.
3. For the purposes of Regulations (EC) Nos 1453/2001 and 1454/
2001, ‘end user’ shall mean:
(a) in the case of products for direct consumption: the consumer.2002R0020 — EN — 18.03.2004 — 005.001 — 8
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(b) in the case of products for the processing and/or packaging industry
and intended for human consumption:
(i) the final processor or packager, for the part of the aid intended
to compensate for remoteness, insularity and outermost loca-
tion,
(ii) the consumer, for the additional part of the aid intended to take
account of export prices;
(c) in the case of products for the processing and/or packaging industry
for use as animal feed and products for use as agricultural inputs:the farmer.
4. The competent authorities shall take all appropriate steps to check
that the benefits derived from the exemption from import duties or thegrant of Community aid are actually passed on to the end user. In
doing so they may assess the trading margins and prices applied by
the various traders concerned.
These measures, in particular the control points used to determine
whether the benefits of the aid have been passed on, and any amend-
ments made, shall be notified to the Commission.
Article 9
Registeroftraders
1. Import licences, exemption certificates and aid certificates shall
be issued only to traders entered in a register kept by the competent
authorities.
2. Any trader established in the Community may apply to be entered
in the Register.
Entry in the register shall be subject to the following requirements:
(a) traders must possess the means, structures and legal authorisations
required to carry out their activities in the sector concerned and
must, in particular, have duly complied with the obligationsimposed by the authorities concerning business accounting andtaxation;
(b) traders must be able to guarantee that their activities are carried out
in the outermost region concerned;
(c) in the context of the specific supply arrangements for the outermost
region concerned, and in compliance with the objectives of those
arrangements, traders shall undertake:
(i) to communicate to the competent authorities, at their request,
all relevant information about their commercial activities,
particularly regarding the prices and profit margins they prac-tise,
(ii) to operate exclusively in their own name and on their own
account,
(iii) to submit licence and certificate applications commensurate
with their real capacity to dispose of the products concerned,suchcapacity being proven by reference to objective factors,
(iv) to refrain from acting in any way likely to create artificial
shortages of products and from marketing the availableproducts at artificially low prices,
(v) to ensure, to the satisfaction of the competent authorities and
when the agricultural products are disposed of in the outermost
region concerned, that the benefits obtained are passed on to
the end user.
3. When applying for registration as referred to in the first subpara-
graphof paragraph2, processors intending to export or dispatch
processed products obtained from raw materials which entered theoutermost region concerned under the relevant specific supply arrange-ments in accordance withArticles 16, 17 and 19 must declare th eirintention to engage in this activity and indicate the location of theprocessing plant.2002R0020 — EN — 18.03.2004 — 005.001 — 9
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4. For the purposes of the second subparagraph of Article 3(5) of
Regulation (EC) No 1454/2001, when applying for registration asreferred to in the first subparagraph of paragraph 2 of this Article,
traders intending to re-export unprocessed products or products
resulting from local packaging as provided for in Article 20 of thisRegulation must declare their intention to engage in this activity andindicate the location of the packaging plant where applicable.
Article 10
Documents to be presented by traders and validity of licences and
certificates
1. Subject to Articles 4(2), 5(4), 7(7), 14 and 15, the competent
authorities shall accept licence and certificate applications presented
by traders for each consignment, provided that they are accompaniedby the original or a certified copy of the purchase invoice and theoriginal or a certified copy of the following documents:
— the bill of lading or airway bill,
— the certificate of origin for products originating in third countries
or, for products originating in the Community, the T2L document,or the T2LF document under the terms of Article 315(1) and (2) ofCommission Regulation (EEC) No 2454/93(
1).
The purchase invoice, bill of lading or airway bill must be drawn up in
the name of the applicant.
2. The period of validity of licences and certificates shall be fixed
on the basis of transportation time. This time may be extended by thecompetent authority in special cases where serious and unforeseeabledifficulties affect transportation time, but may not exceed two months
from the date on which the licence or certificate was issued.
Article 11
Presentation of licences and certificates and goods and non-trans-
ferability oflicences andcertificates
1. For products covered by the specific supply arrangements, import
licences, exemption certificates and aid certificates must be presentedto the customs authorities with a view to completing the customs form-alities within no more than 15 working days from the date of unloadingof the goods. The competent authorities may reduce this maximum
time.
In the case of products which have been the subject of inward proces-
sing or customs warehousing in the Azores, Madeira and the Canary
Islands and subsequently released into free circulation there, themaximum period of 15 days shall start to run on the date the licencesor certificates referred to in the first subparagraph are applied for.
2. The goods shall be presented in bulk or in separate lots corre-
sponding to the licence or certificate presented.
The licences and certificates shall be used for a single operation only
when completing the customs formalities.
3. Licences and certificates shall not be transferable.
Article 12
Qualityofproducts
Only products of sound and fair marketable quality within the meaning
of Article 21(1) of Commission Regulation (EC) No 800/1999 (
2)m a y
qualify for the specific supply arrangements.
Conformity of the products with the requirements laid down in the first
paragraph shall be examined no later than the stage of first marketing2002R0020 — EN — 18.03.2004 — 005.001 — 10
(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 102, 17.4.1999, p. 11.
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in accordance with the standards or practices in force in the Commu-
nity.
Where a product is considered not to meet the requirement laid down
in the first paragraph, its entitlement under the specific supply arrange-ments shall be withdrawn and the corresponding quantity reattributedto the forecast supply balance. Where aid has been granted in accor-
dance with Article 7, the aid shall be reimbursed. Where imports have
been made in accordance with Articles 4 and 5, the import duty shallbe paid, unless the party concerned supplies proof that the productshave been re-exported or destroyed.
Article 13
Lodgingsecurities
No security shall be required when applying for licences and certifi-
cates.
Without prejudice to Article 26, in special cases and to the extent
necessary to ensure the proper application of this Regulation, the
competent authorities may require a security to be lodged equal to theamount of the benefit granted. In such cases, Article 35(1) and (4) ofRegulation (EC) No 1291/2000 shall apply.
Article 14
Significantincreasesinapplicationsforlicences andcertificates
1. If the state of execution of a forecast supply balance indicates a
significant increase in applications for import licences, exemption certi-ficates or aid certificates for a given product which might jeopardiseachievement of one or more of the objectives of the specific supplyarrangements, the competent authorities shall immediately inform theCommission thereof, providing all relevant information on the supply
needs of the outermost region concerned.
After consulting with the competent authorities, the Commission shall
take all the necessary steps to ensure that the outermost region
concerned is supplied withessential products, taking account of avail-
able supply and the requirements of the priority sectors.
2. Without prejudice to the necessary measures adopted where the
issue of licences and certificates is restricted, the competent authorities
shall apply a single percentage reduction to all pending applications.
3. Paragraphs 1 and 2 shall apply, after consultation with the compe-
tent authorities, without prejudice to special provisions adopted to
overcome major difficulties in a given sector.
Article 15
Fixingamaximumquantityperlicence orcertificate application
Insofar as is strictly necessary to avoid disturbances on the market in
the outermost region concerned, or the pursuit of speculative actionslikely to be prejudicial to the smooth functioning of the specific supply
arrangements, the competent authorities shall fix a maximum quantity
per licence or certificate application.
The competent authorities shall notify the Commission immediately of
the instances in which this Article is applied.2002R0020 — EN — 18.03.2004 — 005.001 — 11
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CHAPTER VI
SPECIALPROVISIONS
SECTION 1
Frenchoverseasdepartments
Article 16
Reconsignmentandre-export
1.►M4Processors who have declared, under Article 9(3), their
intention to export, in the context of regional trade, or dispatch, in thecontext of traditional trade flows, processed products containing raw
materials which have benefited from the specific supply arrangements,
may do so within the limits of the annual quantities indicated in AnnexI to the third countries listed in Annex II. The competent authoritiesshall take the necessary measures to ensure that these operations donot exceed the annual quantities fixed. ◄
Processors who have exported the products referred to in the preceding
subparagraph in the context of regional trade to one of the third coun-tries listed in Annex II must present the documents referred to inArticle 16 of Regulation (EC) No 800/1999 witha view to possible
checks by the competent authorities which shall, if necessary, recover
the benefit granted under the specific supply arrangements andtemporarily suspend the processor's registration, or revoke it.
Products delivered to the French overseas departments under the
specific supply arrangements and used to victual ships and aeroplanes
shall be deemed to have been consumed locally.
2. The competent authorities shall authorise the export or dispatch of
quantities of processed products other than those referred to in para-graph 1 only where it is attested that the products concerned do not
contain raw materials imported or introduced under the specific 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. They shall recover, where necessary, the benefit granted under
the specific supply arrangements and shall temporarily suspend theprocessor's registration, or revoke it.
3. Processing operations which, within the limit of the quantities set
out in Annex I, may give rise to regional trade exports or traditional
consignments must meet, mutatis mutandis , the processing conditions
laid down in the provisions on the inward processing arrangementsand the procedure for processing under customs control specified inRegulations (EEC) No 2913/92 and (EEC) No 2454/93, withth e excep-tion of all usual forms of handling.
SECTION 2
AzoresandMadeira
Article 17
Reconsignmentandre-export
1.►
M4Processors who have declared, under Article 9(3), their
intention to export, in the context of regional trade, or dispatch, in the
context of traditional trade flows, processed products containing raw
materials which have benefited from the specific supply arrangements,may do so within the limits of the annual quantities indicated in AnnexIII to the third countries listed in Annex IV. The competent authoritiesshall take the necessary measures to ensure that these operations do notexceed the annual quantities fixed. ◄2002R0020 — EN — 18.03.2004 — 005.001 — 12
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Processors who have exported the products referred to in the preceding
subparagraph in the context of regional trade to one of the third coun-tries listed in Annex IV must present the documents referred to in
Article 16 of Regulation (EC) No 800/1999 witha view to possible
checks by the competent authorities which shall, if necessary, recoverthe benefit granted under the specific supply arrangements andtemporarily suspend the processor's registration, or revoke it.
Products delivered to the Azores and to Madeira under the specific
supply arrangements and used to victual ships and aeroplanes shall bedeemed to have been consumed locally.
2. The competent authorities shall authorise the export or dispatch of
quantities of processed products other than those referred to in para-
graph 1 only where it is attested that the products concerned do notcontain raw materials imported or introduced under the specific supplyarrangements.
The competent authorities shall carry out the necessary checks to
ensure the accuracy of the attestations referred to in the first subpara-graph. They shall recover, where necessary, the benefit granted underthe specific supply arrangements and shall temporarily suspend theprocessor's registration, or revoke it.
3. Processing operations which, within the limit of the quantities set
out in Annex III, may give rise to regional trade exports or traditionalconsignments must meet, mutatis mutandis , the processing conditions
laid down in the provisions on the inward processing arrangements
and the procedure for processing under customs control specified in
Regulations (EEC) No 2913/92 and (EEC) No 2454/93, withth e excep-tion of all usual forms of handling.
Article 18
Sugar
During the period referred to in Article 10(1) of Regulation (EC) No
1260/2001, C sugar as referred to in Article 13 of that Regulation,
exported in accordance withth e relevant provisions of Commission
Regulation (EEC) No 2760/81 (
1), and introduced for the purposes of
consumption in Madeira in the form of white sugar falling within CNcode 1701 or into the Azores in the form of raw sugar falling withinCN code 1701 12 10, shall benefit, under the terms of this Regulation,from the scheme of exemption from import duties within the limits of
the forecast supply balances referred to in Article 3.
SECTION 3
CanaryIslands
Article 19
Reconsignmentandre-export
1.►
M4Processors who have declared, under Article 9(3), their
intention to export, in the context of regional trade, or dispatch, in the
context of traditional trade flows, processed products containing raw
materials which have benefited from the specific supply arrangements,may do so within the limits of the annual quantities indicated in AnnexV. The competent authorities shall take the necessary measures toensure that these operations do not exceed the annual quantitiesfixed.◄
Products delivered to the Canary Islands under the specific supply
arrangements and used to victual ships and aeroplanes shall be deemedto have been consumed locally.2002R0020 — EN — 18.03.2004 — 005.001 — 13
(1) OJ L 262, 16.9.1981, p. 14.▼B
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2. The competent authorities shall authorise the export or dispatch of
quantities of processed products other than those referred to in para-graph 1 only where it is attested that the products concerned do not
contain raw materials imported or introduced under the specific 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. They shall recover, where necessary, the benefit granted underthe specific supply arrangements and shall temporarily suspend theprocessor's registration, or revoke it.
3. Processing operations which, within the limit of the quantities set
out in Annex V, may give rise to regional trade exports or traditional
consignments must meet, mutatis mutandis , the processing conditions
laid down in the provisions on the inward processing arrangementsand the procedure for processing under customs control specified inRegulations (EEC) No 2913/92 and (EEC) No 2454/93, withth e excep-tion of all usual forms of handling.
Article 20
Re-exportingunprocessedproductsorproductspackagedlocally
Under the second subparagraph of Article 3(5) of Regulation (EC) No
1454/2001, unprocessed products or packaged products resulting fromlocal packaging of unprocessed products which have benefited fromthe specific supply arrangements may be re-exported, subject to the
following requirements:
(a) the words ‘goods exported under Article 3(5) of Regulation (EC)
No 1454/2001’ must be entered in section 31 of the single admin-istrative document (SAD);
(b) quantities of products which have been exempt from import duties
and re-exported shall be re-attributed to the forecast supply
balance;
(c) the products referred to in (b) cannot qualify for an export refund;
(d) quantities of products on which aid has been granted and which are
then re-exported shall be re-attributed to the forecast supplybalance and the aid granted shall be reimbursed;
(e) the products referred to in (d) can qualify for an export refund;
(f) if there is a risk that regular supplies to the Canary Islands might
be jeopardised by a significant increase in re-exports of theproducts covered by this Article, the competent authorities may
restrict quantities in sucha way as to ensure th at priority needs in
the sectors concerned are met.
The Spanish authorities shall inform the Commission forthwith, prior to
their implementation, of the measures it plans to take to apply thispoint and the reasons for these measures. The Commission shall informthe other Member States thereof.
The above paragraphs shall apply without prejudice to special provi-
sions adopted to overcome sensitive difficulties in a given sector.
Article 21
Sugar
During the period referred to in Article 10(1) of Regulation (EC) No
1260/2001, C sugar as referred to in Article 13 of that Regulation,exported in accordance withth e relevant provisions of Regulation(EEC) No 2670/81, and introduced for the purposes of consumption inthe Canary Islands in the form of white sugar falling within CN code2002R0020 — EN — 18.03.2004 — 005.001 — 14
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1701, shall benefit, under the terms of this Regulation, from the
scheme of exemption from import duties within the limits of the fore-cast supply balances referred to in Article 3.
CHAPTER VII
NOTIFICATIONSANDREPORT
Article 22
Notifications
The competent authorities shall notify to the Commission no later than
the fifth day of each month the following data relating to the previousmonths of the reference calendar year, by product and CN code and,
where applicable, by individual destination:
(a) the quantities broken down according to whether imported from
third countries or dispatched from the Community;
(b) the amount of aid and the expenditure actually paid by product and,
where applicable, by individual destination;
(c) the quantities for which licences and certificates have not been
used, broken down by category of licence or certificate;
(d) any quantities exported after processing in the context of the tradi-
tional quantities under Regulations (EC) Nos 1453/2001 and 1454/2001;
(e) any quantities dispatched after processing in the context of tradi-
tional quantities under Regulations (EC) Nos 1452/2001, 1453/
2001 and 1454/2001;
(f) any quantities re-exported unprocessed or locally packaged under
Regulation (EC) No 1454/2001;
(g) any quantities exported in the context of regional trade under Regu-
lations (EC) Nos 1452/2001 and 1453/2001;
(h) transfers within an overall quantity for a category of products and
amendments to the forecast supply balances during the period;
(i) the available balance and the utilisation rate.
These data shall be supplied on the basis of the licences and certificates
used.
Article 23
Reports
No later than 30 June every year, the competent authorities shall send
the Commission an annual implementation report as referred to, respec-tively, in Article 27(1) of Regulation (EC) No 1452/2001, Article 39(1)of Regulation (EC) No 1453/2001 and Article 25(1) of Regulation (EC)No 1454/2001, relating to the previous calendar year.
Reports shall give the following information, in particular:
(a) significant socio-economic and agricultural trends;
(b) a summary of the available physical and financial data on the
implementation of eachmeasure, followed by an analysis of th edata and, where necessary, a presentation and analysis of the sectorto which the measure relates;
(c) the progress of the measures and priorities in relation to the
specific and general objectives, using quantified indicators,
(d) a brief account of any major problems encountered in adminis-
tering and implementing the measures;
(e) an examination of the results of all these measures, taking account
of their reciprocal links;
(f) for the specific supply arrangements, the data and analysis of price
trends and how the benefit thus granted has been passed on.2002R0020 — EN — 18.03.2004 — 005.001 — 15
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Article 24
Reductionofadvances
Without prejudice to the general rules on budgetary discipline, where
the information transmitted by the Member States to the Commission
under Articles 22 and 23 is incomplete or the time limit has not been
complied with, the Commission shall reduce advances on entry in theaccounts of agricultural expenditure on a temporary and flat-rate basis.
CHAPTER VIII
CHECKSANDPENALTIES
Article 25
Checks
1. The physical checks carried out in the outermost region
concerned on the import, entry, export, dispatch, re-export and recon-
signment of agricultural products must involve a representative sample
amounting to at least 5 % of the licences and certificates presented inaccordance withArticle 11.
Physical checks shall be carried out, mutatis mutandis , in accordance
withth e procedures laid down in Council Regulation (EEC) No 386/90 (
1).
2. In special cases the Commission may request that checks be
carried out on other percentages.
Article 26
Penalties
1. Except in cases of force majeure or climatic aberrations, if a
trader fails to comply withth e undertakings given under Article 9,and without prejudice to any penalties applicable under national law,the competent authorities shall:
— recover the benefit granted from the holder of the import licence,
exemption certificate or aid certificate;
— provisionally suspend or revoke registration, depending on the
seriousness of the breach of the obligations.
The benefit referred to in point (a) shall be equal to the amount of the
exemption from import duties or to the amount of the aid.
2. Except in cases of force majeure or climatic aberrations, where
holders of a licence or certificate do not carry out the planned importa-
tion or introduction, their entitlement to apply for licences and
certificates shall be suspended for a period of sixty days followingexpiry of the licence or certificate. After the suspension period, theissue of subsequent licences or certificates shall be subject to thelodging of a security equal to the amount of the benefit to be grantedduring a period to be determined by the competent authorities.
3. The competent authorities shall adopt the necessary measures to
reuse any quantities of products made available as a result of non-
execution, partial execution or cancellation of the licences and certifi-cates issued or recovery of the benefit granted.
CHAPTER IX
NATIONALPROVISIONS
Article 27
The competent authorities shall adopt the additional rules needed to
administer and monitor the specific supply arrangements in real time.2002R0020 — EN — 18.03.2004 — 005.001 — 16
(1) OJ L 42, 16.2.1990, p. 6.
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They shall notify the Commission of any measures they intend to
implement pursuant to the first paragraph, before their entry into force.
CHAPTER X
TRANSITIONALANDFINALPROVISIONS
Article 28
Repeal
1. Regulations (EEC) No 131/92, (EEC) No 1696/92 and (EC) No
2790/94 are hereby repealed.
References to the repealed Regulations shall be construed as references
to this Regulation.
2. Articles 1, 2, 2a and 3 of Regulation (EEC) No 131/92 and Arti-
cles 1, 2, 3 and 4 of Regulation (EEC) No 1696/92 shall continue toapply until 30 June 2002.
Article 29
Transitionalprovisions
1. For thirty days following the entry into force of this Regulation,
the competent authorities may, at the request of a trader who hassubmitted an application for entry in the register under Article 9, issue
to the latter a licence or certificate, subject to the conditions in Article
10, provided that the application for such licence or certificate ispresented in accordance withArticle 10(1).
The issuing of licences or certificates shall be subject to the lodging of
a security.
2. Licences and certificates issued under Regulations (EEC) No 131/
92, (EEC) No 1696/92 and (EC) No 2790/94 which are not fully usedbefore their expiry date may be replaced, for the remaining quantities,
in accordance withparagraph1 or may be cancelled and th e security
released.
3. Until 30 June 2002 the following provisions shall apply in the
Azores and Madeira:
(a) licence applications shall be submitted in the first five working
days of each month and the licences shall be issued in the
following five working days;
(b) licences shall be valid during the two months following that of
issue.
Article 30
Entryintoforce
This Regulation shall enter into force on the third day following its
publication in the Official JournaloftheEuropeanCommunities .
It shall apply from 1 January 2002. However,
— the third and fourth paragraphs of Article 6 shall apply from 1
January 2003,
— Articles 4, 5, 7 and 9, Article 10(1) and Articles 11, 13, 14, 15, 26
and 27 shall not apply to the French overseas departments, the
Azores and Madeira until 1 July 2002.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R0020 — EN — 18.03.2004 — 005.001 — 17
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ANNEX I
Maximum quantities of processed products which can be exported or
dispatched annually from the French overseas territories in the context of
regionaltradeortraditionalconsignments
(Article 9(3)andArticle 16)
Réunion
(quantity inkilograms(orlitres*))
CN codeto the European Commu-
nityto third country
1005 9000 — 250000
1101 00 — 5 000000
1507 9090 — *38000
1508 9090 — *2000
1512 1191 — *250000
1515 2990 — *5000
2103 9090 — 15000
2203 00 *2530 —
2309 90 — 8 000000
Martinique
(quantity inkilograms(orlitres*))
CN codeto the European Commu-
nityto third country
0403 10 — 3 276
1101 00 — 269500
2309 90 — 350000
Guadeloupe
(quantity inkilograms(orlitres*))
CN codeto the European Commu-
nityto third country
1101 00 — 500000
2309 90 — 5000002002R0020 — EN — 18.03.2004 — 005.001 — 18
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ANNEX II
Thirdcountriestowhichprocessedproductsareexportedfrom theFrench
overseasterritories inthecontextofregionaltrade
(Article 9(3)andArticle 16)
Réunion: Mauritius, Madagascar, Mayotte and the Comoros Islands
Martinique: Lesser Antilles (1)
Guadeloupe: Lesser Antilles (1)
FrenchGuiana: Brazil, Surinam and Guyana.2002R0020 — EN — 18.03.2004 — 005.001 — 19
(1) Lesser Antilles: Virgin Islands, Saint Kitts and Nevis, Antigua and Barbuda, Dominica,
Saint Lucia, Saint Vincent and the Grenadines, Barbados, Trinidad and Tobago, Sint
Maarten, Anguilla
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ANNEX III
Maximum quantities of processed products which can be exported or
dispatchedannuallyfromtheAzoresandMadeirainthecontextofregional
tradeandtraditionalconsignments
(Article 9(3)andArticle 17)
Azores
(quantity inkilograms(orlitres*))
CN codeto the European Commu-
nityto third country
1905 9045 — 50000
2203 00 — *100000
Madeira
(quantity inkilograms(orlitres*))
CN codeto the European Commu-
nityto third country
0401 — 1 000000
1101 00 60000 600000
1102 20 3 000 500000
1704 4 600 100001902 19 25500 600000
1905 18200 300000
2009 3 800 —
2202 *18700 *3000000
2203 00 *2500 *1000000
2208 *9000 *200002002R0020 — EN — 18.03.2004 — 005.001 — 20
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ANNEX IV
Third countries to which processed productsare exported from the Azores
andMadeira inthecontextofregionaltrade
(Article 9(3)andArticle 17)
Azores: Morocco, Cape Verde and Guinea-Bissau.
Madeira: Morocco, Cape Verde and Guinea-Bissau.2002R0020 — EN — 18.03.2004 — 005.001 — 21
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ANNEX V
Maximumquantityofprocessedproductswhichcanbeexportedorshipped
annually from the Canary Islandsin the context of traditional exports and
consignments
(Article 9(3)andArticle 19)
(quantity inkilogramsorlitres*)
CN code to the EC to a third country
0402 10 — 54000
0402 21 64000 11000
0402 29 — 33000
0402 91 3 000 3 000
0402 99 1 000 1 000
0403 10 — 7 000
0403 90 1 000 1 000
0405 6 000 12000
0406 10 17000 119000
0406 30 2 000 5 000
0406 40 2 000 1 000
0406 90 25000 14000
0710 21 — 1 000
0710 22 1 000 1 000
0710 30 2 000 1 000
0710 40 1 000 1 000
0710 80 4 000 160000710 90 — 1 000
0711 20 — 1 000
0711 40 — 1 000
0811 90 1 000 1 000
0812 90 3 000 1 000
0813 50 1 000 1 000
1101 00 105 000 1 000
1102 20 13000 6 000
1102 90 1 000 1 000
1104 19 4 000 1 000
1105 00 — 1 000
1507 90 — 300000
1514 1990/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C150— 3 000000
1514 9990
1601 00 10000 44000
1602 41 13000 1 000
1602 49 16000 39000
1602 50 — 50000
1604 13 2712 000 2 027000
1604 14 552 000 18000
1702 90 675 000 6 0001704 10 19000 20000
1704 90 648 000 293000
1804 00 — 1 000
1805 00 1 000 450002002R0020 — EN — 18.03.2004 — 005.001 — 22
▼M3
▼M3
(quantity inkilogramsorlitres*)
CN code to the EC to a third country
1806 10 4 000 58000
1806 20 1 000 250001806 31 1 000 4 0001806 90 30000 380001901 20 1140 000 —1901 90 2521 000 45000
1902 11 1 000 2 000
1902 19 1 000 470001902 20 — 1 0001902 30 1 000 370001903 00 — 1 0001904 10 3 000 2 000
1904 90 — 1 000
1905 20 — 1 000
1905 31/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C15045000 132000
1905 321905 40 1 000 3 0001905 90 15000 43000
2004 10 22000 1 000
2004 90 4 000 720002005 10 1 000 630002005 20 57000 1 0002005 40 2 000 190002005 59 2 000 —
2005 60 34000 1 000
2005 70 9 000 3 0002005 80 1 000 5 0002005 90 20000 270002006 00 5 000 270002007 10 3 000 2 000
2007 91 3 000 8 000
2007 99 463 000 7 0002008 19 1 000 1 0002008 20 18000 380002008 30 10000 1 0002008 50 2 000 1 000
2008 60 1 000 1 000
2008 70 5 000 1 0002008 92 104 000 120002008 99 224 000 1 000
2009 1200/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C15018000 24000
2009 19
2009 31/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C150— 10000
2009 39
2009 41/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C1509 000 7 000
2009 492002R0020 — EN — 18.03.2004 — 005.001 — 23
▼M3
(quantity inkilogramsorlitres*)
CN code to the EC to a third country
2009 61/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C150— 1 071000
2009 69
2009 71/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C1502 000 3 000
2009 79
2009 80 11000 18000
2009 90 16000 12000
2101 11/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C1505 000 3 000
2101 12
2101 20 1 000 1 000
2101 30 1 000 —
2102 10 1 000 28000
2102 20 — 2 000
2102 30 — 3 000
2103 10 — 2 000
2103 20 22000 35000
2103 30 1 000 3 000
2103 90 30000 61000
2104 10 22000 193000
2104 20 1 000 595000
2105 00 167 000 505000
2106 10 3 000 28000
2106 90 8 000 13000
2202 10 * 5000 000 * 203000
2202 90 * 3000 000 * 7990002203 00 * 70000 * 157000
2205 10 * 47000 * 1 000
2205 90 * 17187 000 * 3 295000
2208 40 * 47000 * 43000
2208 50 * 9 000 * 7 000
2208 70 * 190 000 * 17000
2209 00 — * 18000
2301 20 20610 000 18654000
2309 90 20000 1 525000
3002 10 8 000 1 000
3002 20 1 000 1 000
3002 90 1 000 1 000
3004 20 1 000 3 000
3004 50 1 000 —
3004 90 51000 18000
3005 10 1 000 2 000
3005 90 2 000 1 000
3203 00 1 000 1 000
3307 49 1 000 140003307 90 7 000 6 000
3401 19 2 000 9 000
3402 13 5 000 —
3402 20 135 000 690002002R0020 — EN — 18.03.2004 — 005.001 — 24
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(quantity inkilogramsorlitres*)
CN code to the EC to a third country
3402 90 40000 62000
3403 19 7 000 1 000
3405 30 1 000 1 0003405 40 2 000 6 000
3901 10 195 000 32000
3901 20 80000 76000
3904 21 49000 180000
3909 50 2 000 47000
3912 90 7 000 1 000
3917 21 195 000 11000
3917 23 20000 10000
3917 32 65000 68000
3917 39 33000 2 000
3917 40 270 000 65000
3919 10 860 000 30000
3920 10 2100 000 2 000
3920 20 310 000 8 000
3920 99 340 000 —
3921 90 20000 70000
3923 10 49000 59000
3923 21 727 000 356000
3923 29 23000 72000
3923 30 180 000 35000
3923 40 18000 250003923 90 1 000 13000
3924 10 6 000 5 000
3924 90 10000 4 000
3926 90 132 000 198000
4823 12 1 000 3 000
4823 9012
to/C148/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C15015000 18000
4823 90142002R0020 — EN — 18.03.2004 — 005.001 — 25