1992R2165 — EN — 01.07.1996 — 001.001 — 1
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►B COMMISSIONREGULATION(EEC)No2165/92
of30July1992
layingdowndetailedrulesfortheapplicationofthespecificmeasuresforMadeiraandtheAzores
asregardspotatoesandendives
(OJ L 217, 31.7.1992, p. 29)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1775/93 of 2 July 1993 L 162 23 3.7.1993
►M2Commission Regulation (EC) No 1759/94 of 18 July 1994 L 183 16 19.7.1994
►M3Commission Regulation (EC) No 1483/95 of 28 June 1995 L 145 45 29.6.1995
►M4Commission Regulation (EC) No 1984/96 of 16 October 1996 L 264 12 17.10.1996
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COMMISSIONREGULATION(EEC)No2165/92
of30July1992
laying down detailed rules for the application of the specific
measures for Madeira and the Azores as regards potatoes and
endives
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 Articles10, 16 (3)
and 27 (4) thereof,
Whereas, pursuant to Articles 2 and 3 of Council Regulation (EEC)
No 1600/92, the forecast supply balance and amount of aid for suppliesto Madeira of seed potatoes from the rest of the Community should bedetermined; whereas such aid should be determined with particularregard to the costs of supply from the world market and the situation
resulting from the geographical location of Madeira;
WhereasCommis s ion Regulation (EEC) No 1696/92(
2) laysdown
common detailed rulesfor the implementation of the s pecific arrange-mentsfor the s upply of certain agricultural productsto the AzoresandMadeira; whereasadditional detailed rules , which are adapted tocommercial practices in force in the seed potato sector, governing in
particular the period of validity of aid certificatesand the amount of
the securities guaranteeing fulfilment by operators of their obligations,should be laid down;
WhereasArticle 16 of Regulation (EEC) No 1600/92 providesfor aid
per hectare to be granted in Madeira for the production of potatoesup
to a cultivated and harvested area of 2 000 hectares per year; whereas
Article 27 of that Regulation providesfor aid per hectare to be grantedin the Azoresfor the production of s eed potatoesup to 200 hectaresand aid for the production of endivesup to 400 hectares ;
Whereas, as regards measures to assist marketing of seed potatoes
produced in the Azores, it is necessary to define the concept of an
annual contract, to specify the basis of assessment to be adopted for
the calculation of the aid and to lay down the detailed ruleson appor-tionment of aid where the quantity of 3 000 tonneslaid down inArticles27 (3) and 12 (1) of Regulation (EEC) No 1600/92 isexceeded;
Whereasthe meas uresprovided for by Regulation (EEC) No 1600/92
apply from 1 July 1992; whereasthe meas uresunder thisRegulationshould apply from the same date;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Seeds,
HAS ADOPTED THIS REGULATION:
TITLE I
Specificsupplymeasures
Article 1
For the purposes of Articles 2 and 3 of Regulation (EEC) No 1600/92,
the quantity of seed potatoes covered by CN code 0701 10 00 in theforecast supply balance and qualifying for exemption from customs1992R2165 — EN — 01.07.1996 — 001.001 — 2
(1) OJ No L 173, 27. 6. 1992, p. 1.
(2) OJ No L 179, 1. 7. 1992, p. 6.▼M4
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duty, when imported directly into Madeira from third countriesor for
Community aid shall be 2 000 tonnes for the period 1 July 1996 to 30June 1997.
Article 2
Pursuant to Article 3 (2) of Regulation (EEC) No 1600/92, aid shall be
granted for the supply of seed potatoes to Madeira from the Commu-
nity market in accordance with the forecast supply balance. The aid
shall be ECU 4,226 per 100 kilograms.
Article 3
Portugal shall designate the authority competent for:
(a) the issue of the exemption certificate provided for in Article 3 (1)
of Regulation (EEC) No 1696/92;
(b) the issue of the aid certificate provided for in Article 4 (1) of Regu-
lation (EEC) No 1696/92;
(c) payment of the aid to the operatorsconcerned.
Article 4
1. Applications for certificates shall be submitted to the competent
authority during the first five working days of each month. An applica-
tion shall be valid only if:
(a) the quantity doesnot exceed the maximum available quantity of
seed potatoes published by Portugal;
(b) evidence is provided, before the deadline for the submission of
applications, that the party concerned has lodged a security ofECU 2,113 per 100 kilograms.
2. Certificates shall be issued no later than the tenth working day of
each month.
3. If certificates are issued for a quantity smaller than that applied
for, the operator concerned may withdraw hisapplication in writing
within three working days from the issue of the certificate. In such acase the security relating to the certificate shall be released.
4. The maximum available quantity shall be published by the
competent authority during the last week of the month preceding that
in which the applicationsare s ubmitted.
Article 5
Exemption certificatesand aid certificatess hall expire on the las t day
of the second month following that of their issue.
TITLE II
Aidfortheproductionofwarepotatotes,seedpotatoesandendives
Article 6
1. The production aid referred to in Articles16 and 27 (1) and (2) of
Regulation (EEC) No 1600/92 shall be paid in respect of areas:
(a) which have been sown and had normal cultivation work carried out
on them;
(b) for which an application for aid hasbeen s ubmitted in accordance
with Article 7, such application to be treated as equivalent to adeclaration of the areascultivated.1992R2165 — EN — 01.07.1996 — 001.001 — 3
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2. In the case of seed potatoes, payment of the aid shall also be
conditional on the potatoesharves ted having been certified in accor-dance with Commission Directive 66/403/EEC(
1).
3. Where a crop failsto reach maturity, the competent Portugues e
authoritiesmay accept cas esof force majeure and natural disasters
having a major effect on the area farmed by the declarant asjus tifyingmaintenance of the entitlement to aid.
All cases of alleged force majeure or natural disasters shall be notified
within five working daysto the competent Portugues e authority.Evidence thereof shall be provided within one month from such notifi-cation.
Portugal shall notify the Commission of cases which it recognizes as
constituting force majeure or natural disasters likely to justify mainte-
nance of the entitlement to aid.
Article 7
1. Producers concerned shall submit an application for aid to the
competent Portuguese agency before a date to be fixed by Portugal.
This date shall be fixed in such way as to allow the competent autho-rities to carry out the necessary on-the-spot checks.
2. Applications for aid shall include at least the following particu-
lars:
— the name, forenamesand addres sof the applicant,
— the areas cultivated in hectares and in ares, the cadastral reference
of such areas or an indication recognized as equivalent by theagency responsible for checking the areas,
— the product concerned.
3. Where the area for which aid isreques ted exceedsthe maximum
area asreferred to in Articles16 and 27 of Regulation (EEC) No 1600/92, the aid shall be granted to the applicant producers in proportion tothe areas stated in the applications.
Article 8
Portugal shall take the necessary control measures, including the
measuring of a minimum number of plots for which an aid applicationhas been submitted. It shall determine the minimum number of plots tobe checked and the criteria for their selection, and shall inform theCommission thereof.
Article 9
1. If the check revealsan exces sof up to 10 % but of not more than
one hectare in the area declared, aid shall be calculated on the basis of
the area measured, less that excess.
2. If the excess exceeds the limits laid down in paragraph 1, the
application for the year in question shall be rejected and the applicant
shall be ineligible for aid in the following year.
3. If, for reasons attributable to the applicant, a check cannot be
carried out, paragraph 2 shall apply, except in cases of force majeure .
Groundsfor force majeure shall be supplied in writing by the party
concerned to the competent authoritieswithin 10 daysof the planneddate of the check.1992R2165 — EN — 01.07.1996 — 001.001 — 4
(1) OJ No 125, 11. 7. 1966, p. 2320/66.
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TITLE III
Aid for marketing of seed potatoes from the Azores under annual
contracts
Article 10
1. For the purposes of Article 27 (3) of Regulation (EEC) No 1600/
92, ‘annual contract’ meansa contract by which a buyer, whether anatural or legal person established elsewhere in the Community, under-takes, before the beginning of the marketing period, to purchase all orpart of the production of a single producer, producers association or
union in the Azores, with a view to marketing it outside the area of
production.
2. Operators who intend to submit an application for aid shall send
the annual contract to the competent authoritiesdes ignated by Portugalbefore the start of the marketing period.
The contract shall include at least the following particulars:
(a) the business names of the contracting parties and their places of
establishment;
(b) the variety of certified seed potatoes;
(c) the quantitiesconcerned;
(d) the duration of the undertaking;
(e) the timetable for deliveries;
(f) the method of packaging and information relating to transport
(conditions and costs);
(g) the exact delivery stage.
3. The competent authorities shall assess the contracts for confor-
mity with the provisions of Articles 12 and 27 of Regulation (EEC)
No 1600/92 and with thisRegulation.
They shall verify that the contracts contain all the information specified
in paragraph 2.
If necessary, they shall inform the operators that paragraph 6 will
apply.
4. For the purpose of calculating the aid, the value of the marketed
production, delivered to the destination area, shall be assessed in ecus
on the basis of the annual contract, the specific transport documents
and all supporting documents submitted in respect of the applicationfor payment.
The value of the marketed production to be taken into account shall be
that of a delivery at the first port or airport of unloading.
The authoritiesmay reques t any additional information or evidence
appropriate for determining the amount of the aid.
5. Applications for aid shall be submitted by buyers who have given
an undertaking to market the product in the month following thecontractual payment of the price or the delivery, if the latter followsthe payment of the price.
Where the management of the aid scheme so requires, the competent
authorities may fix specific deadlines for submission of annual
contractsand aid applications .
6. Where, for a given product and for the Azores, the quantities for
which aid isreques ted exceed the volume of 3 000 tonneslaid down inArticles12 (1) and 27 (3) of Regulation (EEC) No 1600/92, the aid
shall be paid to the applicant buyers in proportion to the quantities
actually marketed under the annual contracts.
7. The additional aid provided for in Article 12 (4) of Regulation
(EEC) No 1600/92 shall be paid on submission of the undertakingsgiven by the partners to pool, for a period of not less than three years,the knowledge and know-how required to complete the joint enterprise.1992R2165 — EN — 01.07.1996 — 001.001 — 5
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These undertakings shall contain a clause prohibiting termination of the
contract before the end of the aforementioned three-year period. Thelatter period shall not begin before 1 July 1992.
In the event of a breach of the abovementioned undertakings, the buyer
may not submit an application for aid for the marketing yearconcerned.
Article 11
1. Applications for aid for marketing shall be submitted, in the form
laid down in the Annex, to the competent authoritiesdes ignated byPortugal.
2. The applicationss hall be accompanied by invoicesand all other
supporting documents relating to the measures undertaken.
3. The competent authorities, having verified the applications for aid
and the relevant supporting documents, shall pay the aid in the two
months following the submission of the application.
TITLE IV
Finalprovisions
Article 12
1. The rate to be applied for converting the aid per hectare referred
to in Article 6 into national currency shall be the agricultural conver-sion rate in force on the final date fixed for the submission of aidapplicationsreferred to Article 7 (1).
2. The agricultural conversion rate to be applied for determining and
paying the marketing aid shall be the rate applicable on the first day
the purchaser takes over the products.
Amounts expressed in the national currency of a third country shall be
converted into the national currency of a Member State using theconversion rate applied to determine the value for customs purposeson the date referred to in the previouss ubparagraph.
Article 13
ThisRegulation s hall enter into force on the day of itspublication in
theOfficial Journal of the European Communities .
It shall apply from 1 July 1992.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1992R2165 — EN — 01.07.1996 — 001.001 — 6
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ANNEX
1992R2165 — EN — 01.07.1996 — 001.001 — 7