1992R2168 — EN — 01.07.1995 — 006.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2168/92
of30July1992
laying down detailed implementing rules for the specific measures for the Canary Islands with
regardtopotatoes
(OJ L 217, 31.7.1992, p. 44)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 714/93 of 26 March 1993 L 74 42 27.3.1993
►M2 Commission Regulation (EEC) No 1774/93 of 2 July 1993 L 162 21 3.7.1993
►M3 Commission Regulation (EC) No 802/94 of 11 April 1994 L 93 1 12.4.1994
►M4 Commission Regulation (EC) No 1760/94 of 18 July 1994 L 183 17 19.7.1994
►M5 Commission Regulation (EC) No 3099/94 of 19 December 1994 L 328 13 20.12.1994
►M6 Commission Regulation (EC) No 1481/95 of 28 June 1995 L 145 42 29.6.1995
▼B
COMMISSIONREGULATION(EEC)No2168/92
of30July1992
laying down detailed implementing rules for the specific measures
fortheCanaryIslandswithregardtopotatoes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1601/92 (
1), of 15 June
1992, introducing specific measures for the Canary Islands concerning
certain agricultural products, and in particular Articles 20 (3) and 21thereof,
Whereas in application of Articles 2 and 3 of Regulation (EEC) No
1601/92 it is necessary to determine for seed potatoes quantities of the
forecast supply balance which benefit from an exemption of the levy ondirect imports from third countries or from aid for deliveries originatingfrom the rest of the Community;
Whereas this aid must be fixed taking into account the costs of supply
from the world market, and the conditions due to the geographicalsituation of the Canary Islands;
Whereas Article 20 of Regulation (EEC) No 1601/92 provides that aid
per hectare is granted for the production of ware potatoes up to a ceiling
of an area of 12 000 hectares per year, planted and harvested;
Whereas Article 21 of Regulation 1601/92 provides for a restriction on
deliveries of ware potatoes to the Canary Islands from third countries, or
from the rest of the Community, in order to avoid disturbance of themarket during the periods which are crucial for the marketing of theCanary Islands' production; whereas it is appropriate to fix the sensitiveperiod as well as the maximum quantities of potatoes to be delivered tothe Canary Islands during the second semester of 1992;
Whereas the provisions provided for in Regulation (EEC) No 1601/92
are applicable as from 1 July 1992; it is appropriate to apply the terms ofthis Regulation as from the same date;
Whereas the measures provided for in the present regulation are in
conformity with the opinion of the Management Committee for seeds,
HAS ADOPTED THIS REGULATION:
TITLE I
Specificsupplyarrangements
Article 1
For the purposes of Articles 2 and 3 of Regulation (EEC) No 1601/92
the quantity in the forecast supply balance of seed potatoes covered byCN code 0701 10 00 qualifying for exemption from customs duty on
direct imports into the Canary Islands from third countries or for
Community aid shall be 12 000 tonnes for the period from 1 July 1995to 30 June 1996.
Article 2
Pursuant to Article 3 (2) of Regulation (EEC) No 1601/92 aid shall be
granted for the supply of seed potatoes to the Canary Islands from theCommunity market in accordance with the forecast supply balance. Theaid shall be ECU 4,226 per 100 kilograms.1992R2168 — EN — 01.07.1995 — 006.001 — 2
(1) OJ No L 173, 27. 6. 1992, p. 13.▼M6
▼M5
TITLE II
Aidfortheproductionofpotatoes
Article 6
1. The aid for the production of ware potatoes falling under headings
CN codes 0701 90 51, 0701 90 59 and 0701 90 90 as provided for byArticle 20 of Regulation (EEC) No 1601/92 is only paid for areas:
(a) which have been fully sown and had normal cultivation work carried
out upon them;
(b) for which an application has been submitted in accordance with
Article 7, such application to be treated as equivalent to adeclaration of the areas cultivated.
2. Where cultivation has not been proceeded until the ripening of the
product, the competent national authorities may accept cases of force
majeure and natural disasters having a major effect on the area farmed
by the declarant as justifying maintenance of the entitlement to aid.
All cases of force majeure or natural disasters as referred to in the
proceding subparagraph shall be notified within three days of the eventto the competent Spanish authority. Evidence thereof shall be providedwithin one month from such notification.
Spain shall notify the Commission of cases which they recognize as
cases offorce majeure or as natural disasters.
Article 7
1. Any producer wishing to obtain aid shall submit an application to
the competent agency before a date to be fixed by Spain. This date shallbe fixed in a way that allows the necessary on-the-spot checks to be
carried out.
2. The application for aid shall at least include the following
particulars:
— the name, forenames and address of the applicant,
— the areas cultivated in hectares and in ares, the cadastral reference of
such areas or an indication recognized as equivalent by the agency
responsible for checking the areas.
3. Where the area for which the aid is requested exceeds the
maximum area as referred to in Article 20 of Regulation (EEC) No
1601/92, the aid shall be granted to the applicants in proportion to thearea as indicated in the request.
Article 8
Spain shall take the necessary control measures. These include the
measurement of a minimum number of fields for which the aid isrequested. Spain shall fix the minimum number of fields to be checkedand the criteria for their selection, and inform the Commission thereof.
Article 9
1. If the check indicates an excess of up to 10 % but of not more than
one hectare in the area declared, aid shall be calculated on the areameasured, less that excess.
2. If the excess exceeds the limits provided for in paragraph 1, the
application for the marketing year in question shall be rejected.Morevoer, the areas forming part of the applicant's holding during the
marketing year in question shall be ineligible for aid in the following
marketing year.
3. If, for reasons attributable to the applicant, a check cannot be
carried out Article 9 (2) shall apply, except in cases of force majeure .1992R2168 — EN — 01.07.1995 — 006.001 — 3
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Grounds for force majeure shall be supplied by the interested party in
writing, within ten days from the planned date of the check.
TITLE III
Restrictionsondeliveries duringsensitiveperiods
Article 10
1. During the period from 1 April to 31 October 1994, the delivery of
potatoes falling within headings CN 0701 90 51, 0701 90 59 and
0701 90 90 from third countries and the rest of the Community to theCanary Islands, shall be limited to the quantities as set out in the Annex.
During this period the deliveries of the above-mentioned products must
be accompanied by a ‘potato delivery certificate’, hereafter referred to as
a ‘certificate’.
2. The certificate shall be drawn up on the basis of the import form in
the Annex to Regulation (EEC) No 3719/88 (
1).
Article 8 (3) and (5) and Articles 9, 10, 13 to 16, 19 to 22, 24 to 31 and
33 to 37 of Regulation (EEC) No 3719/88 shall apply, mutatismutandis,
subject to the provisions of this Regulation.
3. The words ‘potato delivery certificate’ shall be printed or stamped
in the upper left-hand corner of the certificate.
4. The certificate shall be issued at the request of the parties
concerned exclusively by the competent authorities designated by Spain,
subject to the quantity provided for in Article 10 (1). Issue of the
exemption certificate shall be subject to the lodging of a security, theamount of which shall be fixed for each of the products in question.
The authorities may lay down a time limit for the issue of the certificate.5. The request for the certificate must not concern a quantity which
exceeds the quantity available as regularly published by the competentauthorities.
6. Where the quantity for which a certificate is requested exceeds the
quantity referred to in Article 10 (1), the certificate shall be awarded to
the applicants in proportion to the quantities available.
7. Where certificates are issued for quantities which are less than
those requested, the operator concerned can withdraw his request, inwriting, within three working days following the issue of the certificate.The relative guarantee is also freed.
8. The application for the certificate and the certificate itself, shall be
marked in box No 24 with the words ‘certificate to be used for the
Canary Islands’.
9. Proof of utilization of the certificate must be furnished within
thirty days following expiry of the period of validity of the certificate,except in cases of force majeure .
10. The competent authorities administer the system of restrictions on
deliveries in a way that allows for the delivery of the quantity referred toin Article 10 (1) to the Canary Islands.1992R2168 — EN — 01.07.1995 — 006.001 — 4
(1) OJ No L 331, 2. 12. 1988, p. 1.▼M3
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▼B
TITLE IV
Finalprovisions
Article 11
The rate to be applied for converting the aid per hectare as referred to in
Article 6 into national currency shall be the agricultural conversion rate
in force on the final date fixed for the submission of aid applications in
accordance with Article 7 (1).
Article 12
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 July 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R2168 — EN — 01.07.1995 — 006.001 — 5
▼M2
▼B
▼M3
ANNEX
Distributionofthequantitiesreferred toinArticle 10:
(tonnes)
Month Quantity
April 4 100
May 600
June 160
July 160August 160
September 220
October 4 5001992R2168 — EN — 01.07.1995 — 006.001 — 6