3763/91 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
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
(OJ No L 356, 24. 12. 1991, p. 1)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 3714/92 of 22 December 1992 L 378 23 23. 12. 1992
Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31. 12. 1994Commission Regulation (EC) No 1802/95 of 25 July 1995 L 174 27 26. 7. 1995Commission Regulation (EC) No 2417/95 of 13 October 1995 L 248 39 14. 10. 1995Council Regulation (EC) No 2598/95 of 30 October 1995 L 267 1 9. 11. 1995
3763/91 - - - I
ICOUNCIL 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parlia-
ment (2),
Having regard to the opinion of the Economic and Social
Committee (3).
Whereas, by Decision 89/687/EEC (4), the Council adopted
a programme of options specific to the remote and insular
nature of the French overseas departments (Poseidom) in
accordance with the Community’s policy of assistance forthe remoter regions; whereas the programme provides for
measures to improve the conditions under which the agri-
cultural products of the departments are produced and
marketed;
Whereas the exceptional geographical situation of the
French overseas departments, hereafter referred to as the
FOD, in relation to the sources of supply of products used
as inputs for the manufacture of certain essential foods-
tuffs imposes costs which constitute a severe handicap to
the sectors concerned; whereas this is true particularly in
the case of the supply of cereals, which are not and cannot
be produced in the said departments, rendering them de-
pendent on external sources of supply; whereas this natural
handicap can be remedied by arranging for supplies on
more favourable terms; whereas this may be achieved by
exemption from the levy on cereals imported into the said
departments;
Whereas, in the interests of regional cooperation, prefer-
ence should be given to imports into the FOD of cereals
from the overseas countries and territories, the African,
Caribbean and Pacific States, hereafter referred to as ‘ ACP
States’ and other developing countries; whereas, however,
in the event of difficulty, the levy exemption arrangements
may also, exceptionally, be applied to imports of cereals
from other third countries;
(1) OJ No C 149, 8. 6. 1991, p. 6.
(2) OJ No C 326, 13. 12. 1991 (SIC! 16. 12. 1991, p. 288).
(3) Opinion delivered on 30 October 1991 (not yet published in
the Official Journal). (SIC! OJ No C 14, 20. 1. 1992, p. 22).
(4) OJ No L 399, 30. 12. 1989, p. 39.
3763/91 - - - I
IIWhereas, to maintain the competitiveness of cereals of
Community origin on the supply of the FOD, both in
order to achieve the Poseidom objective of reducing prices
by promoting competition between sources of supply and
to prevent disruption of traditional trade flows, provision
should be made for the sale to those departments, on
terms equivalent to exemption from the levy, based on the
prices applied to exports to third countries, of products
bought into intervention and, where appropriate, cereals
available on the Community market;
Whereas, taking into account their objective, the import
arrangements introduced for the FOD should reduce pro-
duction costs and consumer prices; whereas their actual
impact should therefore be monitored;
Whereas traditional livestock farming activities should be
supported in order to meet local consumption needs;
whereas this objective may be pursued indirectly throughthe financing of genetic improvement programmes involv-
ing the purchase of pure-bred breeding animals, through
the grant of a supplementary premium for the fattening of
adult male bovine animals for meat production, through
aid to promote consumption of fresh milk products and
through measures concerning the supply of male bovine
animals for fattening;
Whereas undertaking made in the course of negotiations
with the ACP States concerning the importation into Réu-
nion of wheat bran from the ACP States should be im-
plemented;
Whereas in French Guiana, in the light of recent agricul-
tural developments, specific measures should be taken to
promote livestock production and rice cultivation;
Whereas provision should be made for a Community fi-
nancial contribution towards the eradication of diseases
specific to the FOD; whereas, in the light of the excep-
tional animal health situation in those departments, provi-
sion should also be made for derogations from Council Di-
rective 72/462/EEC of 12 December 1972 on health and
veterinary inspection problems upon importation of bovine
animals and swine and fresh meat from third countries (
1);
(1) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended
by Directive 91/497/EEC (OJ No L 268, 24. 9. 1991, p. 69).
3763/91 - - - I
IIIWhereas the plant health of agricultural crops in the FOD
is subject to particular problems associated with the cli-
mate and the inadequacy of the control measures hitherto
applied there; whereas programmes should be implem-
ented to combat harmful organisms; whereas the Commun-
ity’s financial contribution towards such programmes
should be specified;
Whereas, in the fruit, vegetables, plants and floricultural
sector, measures should be taken to improve farm produc-
tivity and product quality; whereas measures should also
be taken to improve product marketing;
Whereas rum is a product of great economic importance
for the FOD; whereas the gradual abolition of certain
benefits currently accorded in respect of rum production
would have a serious impact on the earnings of the pro-
ducers; whereas support measures should therefore be
taken in respect of the cultivation of sugar cane and itsprocessing into rum;
Whereas agricultural producers in the FOD should be en-
couraged to supply quality products and the marketing of
these should be assisted; whereas the creation of a graphic
symbol and the promotion of such products, in their natu-
ral or processed form, could facilitate their marketing;
Whereas farms in those departments present major struc-
tural weaknesses from which specific difficulties derive;
whereas a derogation is therefore necessary from the rules
which restrict or prohibit the grant of certain forms of
structural aid;
Whereas certain structural measures essential for the de-
velopment of agriculture in the FOD are financed under
the Community support frameworks to promote the devel-
opment and structural adjustment of regions whose devel-
opment is lagging behind (Objective 1) pursuant to Ar-
ticles 130a and 130c of the T reaty; whereas the
Commission has approved an initiative (Regis) to encour-
age the economic development of the most remote regions,
providing for the diversification of agricultural production,
the upgrading of traditional products and measures to re-
duce the risks associated with natural disasters; whereas
additional provision should be made, above and beyond
the Community support frameworks and the Regis and
Leader Community initiatives, for structural measures re-
lated to agricultural development in the FOD;
Whereas banana cultivation is of fundamental importance
to the economics of certain FOD; whereas all the prob-
lems relating to banana production are the subject of aCommunity study currently under way; whereas appropri-
ate measures will be taken on conclusion of the study,
HAS ADOPTED THIS REGULATION:
3763/91 - - - I
1Article 1
This Regulation lays down specific measures to remedy, in
respect of certain agricultural products, the difficulties
caused by the remote and insular nature of the French
overseas departments (FOD).
TITLE I
Measures to promote supplies to the FOD, to encourage
livestock farming there and to develop rice cultivation in
French Guiana
Article 2
1. Each year, a forecast supply balance shall be estab-lished for the agricultural products necessary for human
consumption and processing referred to in this Article and
in the Annex. This balance may be revised during the year
on the basis of trends in the FOD’s requirements.
2. The import duties provided for in the Common Cus-
toms T ariff shall not apply, in respect of the quantities re-
ferred to in paragraph 1, to direct imports into the FOD:
(a) of cereals for animal feed originating in developing
countries;
(b) of cereals for human consumption originating in the
overseas countries and territories or in the ACP States.
In the event of exceptional cereals supply difficulties in the
FOD, (exemption from) import duty may be extended:
(a) to cereals for animal feed originating in other third
countries;
( b )t oc e r e a l sf o rh u m a nc o n s u m p t i o no r i g i n a t i n gi nd e v e l -
oping countries.
3. Without prejudice to the application of paragraph 2and Article 3 (1) to cereal products, duties shall not apply
to imports into the FOD of the products listed in the
Annex which are covered by the specific supply arrange-
ments, if they originate in developing countries, within the
limit of the quantities determined in the supply balance
referred to in paragraph 1.
In the event of exceptional supply difficulties, however,
exemption from duty may be extended to products orig-
inating in other third countries.3763/91
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24. T o ensure coverage of the requirements established in
accordance with paragraph 1 in terms of quantity, price
and quality, supplies to the FOD shall also be effected by
mobilizing Community products held in public intervention
storage or available on the Community market, on terms
equivalent, for the end user, to the advantage resulting
from exemption from import duties on imports of products
from third countries.
The terms of supply shall be fixed with reference to the
costs of the various sources of supply and the prices ap-
plied to exports to third countries.
5. Entitlement under the supply arrangements provided
f o ri nt h i sA r t i c l ea n di nA r t i c l e3( 1 )s h a l lb es u b j e c tt o
the conditions that the economic advantage derived either
from exemption from the import duty or from Community
aid in the case of supply from the rest of the Community
is actually passed on to the end user.
6. Detailed rules for the application of this Article shall
be adopted in accordance with the procedure laid down in
Article 23 of Regulation (EEC) No 1766/92 (1)o rt h e
corresponding Articles of the other Regulation on the
common organization of the markets in question. They
shall cover in particular:
— the establishment of the balances, and any amend-
ments thereto,
— the amount of aid granted for supply from the rest of
the Community,
— the application, where appropriate, of the second sub-
paragraph of paragraphs 2 and 3,
— the measures to ensure that the advantages are actual-
ly passed on to the end user and to ensure, insofar as
is necessary, an import licensing system.
Article 3
1. As from 1 July 1994 and until such time as the c orre-
sponding manufacturing plants in the department of
French Guiana actually commence production, the prod-
ucts falling within CN codes 2309 90 31, 2309 90 33,
2309 90 41, 2309 90 43, 2309 90 51 and 2309 90 53 which
are used there for animal feed shall be covered by the
supply arrangements under the conditions laid down in this
paragraph and in Article 2 (1), (3), (4), (5) and (6).
(1) OJ No L 181, 1. 7. 1992, p. 21. Regulation as last
amended by Regulation (EC) No 1866/94 (OJ No L 197,30. 7. 1994, p. 1).2598/95
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3The levies set pursuant to Article 11 of Regulation (EEC)
No1766/92 shall not apply to direct imports into that de-
partment from developing countries and, in the case of ex-
ceptional difficulties, other third countries, within the limit
of an overall quantity determined on the basis of the asses-
sment.
T o ensure coverage of French Guiana’s requirements in
terms of quantity, price and quality, animal feed manufac-
tured from cereals processed in the rest of the Community
shall be supplied on equivalent terms for the end user.
Verification that the plants mentioned in the first subpara-graph have commenced production and abolition of the
supply arrangements as provided for in this paragraph shall
be effected in accordance with the procedure laid down in
Article 23 of Regulation (EEC) No 1766/92.
2. During the marketing years from 1991/92 to 1995/96flat-rate aid per hectare shall be granted for rice produc-tion in French Guiana. The amount of the aid shall be
fixed with particular reference to soil preparation costs.
3. Community aid shall be granted for the conclusion ofannual contracts concerning the disposal and marketing in
Guadeloupe, Martinique and the rest of the Community of
rice harvested in French Guiana, within the limit of an an-
nual volume of 12 000 tonnes of wholly milled rice equival-
ent. As regards disposal and marketing in the rest of the
Community, aid shall be granted for a maximum of 4 000
tonnes.
The contracts shall be concluded between producers in
French Guiana and natural or legal persons established in
Guadeloupe, Martinique or the rest of the Community.
The amount of the aid shall be 10 % of the value of the
marketed produce sold in Guadeloupe, Martinique or the
rest of the Community, for merchandise delivered at the
first port of unloading. That percentage shall be raised to
13 % if the contractor for the producers is a producer
group or association thereof.
The aid shall be paid to the purchaser who markets the
products under the annual contracts.
4. Within the limit of an annual quantity of 8 000 tonnes,the levy fixed pursuant to Articles 10 and 11 of R
egulation
(EEC) No 1766/92 shall not be applied to imports into
Réunion of wheat bran falling within CN code 2302 30
from the ACP States.3763/91 - - - 2598/95
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45. In accordance with the procedure laid down, as ap-
propriate, in Article 23 of Regulation (EEC) No 1766/92
or Article 27 of Regulation (EEC) No 1418/76 (1), the fol-
lowing shall be determined:
— the quantities covered by the arrangements provided
for in paragraph 1 and the measures to ensure that the
advantages granted are actually passed on to the end
user,
— the amount of the aid per hectare for rice production,
— the other detailed rules for the application of this Ar-
ticle.
6. At least six months before the end of the periods re-
ferred to in paragraphs 1 and 2 the Commission shall sub-
mit to the Council an assessment of the implementation of
the measures, together with any appropriate proposals.
Article 4
1 . A i ds h a l lb eg r a n t e df o rt h es u p p l yt ot h eF O Do f
the following products of Community origin:
(a) pure-bred breeding animals of the bovine species fal-
ling within CN code 0102 10 00;
(b) pure-bred breeding swine falling within CN code
0103 10 00;
(c) pure-bred breeding sheep and goats falling within
CN codes 0104 10 10 and 0104 20 10;
(d) pure-bred breeding horses falling within CN code
0101 11 00;
(e) pure-bred breeding rabbits falling within CN code
ex 0106 00 10;
(f) multiplier or breeding chicks falling within CN code
ex 0105 11;
(g) hatching eggs, other, for the production of multiplier
or breeding chicks falling within CN code 0407 00 19.
2. The aid terms shall take account in particular of the
supply requirements of the FOD with regard to the start-
up of production. The aid shall be paid for the delivery of
animals and products which fulfil the requirements speci-
fied under Community rules.
3. The aid shall be determined having regard to the fol-
lowing factors:
(a) the conditions and in particular the costs of supply to
the FOD resulting from their geographical situation;
(b) the price of products on the Community market and
on the world market;
(c) whether or not customs duties and/or levies are
charged on imports from third countries;
(1) OJ No L 166, 25. 6. 1975, p. 1. Regulation as last
amended by Regulation (EEC) No 1806/89 (OJ No L 177,24. 6. 1989, p. 1).3763/91
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5(d) the economic aspect of the aid envisaged.
4. No refund shall be made in respect of exports from
the FOD of the products referred to in paragraph 1.
5. The amounts of the aid referred to in paragraph 1
and the detailed rules for the application of this Article
shall be determined in accordance with the procedure laid
down, as appropriate, in Article 27 of Regulation (EEC)
No 805/68 (1), or the corresponding articles of the other
Regulations on the common organizations of the markets
in the sectors concerned.
In the case of products covered by Council Regulation
(EEC) No 827/68 of 28 June 1968 on the common organ-
ization of the market in certain products listed in Annex II
to the T reaty (2), these measures shall be adopted by the
procedure laid down in Article 27 of Regulation (EEC)
No 805/68.
Article 5
1. The supplementary aid provided for in (a) and (b)
below shall be granted in support of traditional activities
connected with beef and veal production and measures to
improve product quality, within the limits of the consump-
tion needs of the FOD as assessed in the context of a peri-
odic supply balance. The balance shall also take account of
breeding animals supplied pursuant to Article 4 and ani-
mals covered by the supply arrangements provided for in
Article 7.
(a) A supplement to the special premium for fattening
male bovine animals provided for in Article 4b of Re-
gulation (EEC) No 805/68 shall be paid to beef and
veal producers. The amount of the supplement shall be
ECU 48,30 per head.
(b) A supplement to the premium for maintaining suckler
cows provided for in Article 4d of Regulation (EEC)No 805/68 shall be paid to beef and veal producers.
The amount of the supplement shall be ECU 48,30 for
each suckler cow held by the producer.
2. The provisions relating to:
(a) the regional ceiling laid down by Article 4b of Regula-
tion (EEC) No 805/68 as regards the basic special pre-
mium;
(b) the individual ceiling for animals kept on the holding
laid down in Article 4d of the aforementioned Regula-
tion, as regards the basic suckler cow premium;
(1) OJ No L 148, 28. 6. 1968, p. 24. Regulation as last
amended by Regulation (EEC) No 1628/91 (OJ No L 150,15. 6. 1991, p. 16).
(2) OJ No L 151, 30. 6. 1968, p. 16. Regulation as last
amended by Regulation (EEC) No 789/89 (OJ No L 85,30. 3. 1991, p. 3).3763/91
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6(c) the stocking density in the case of animals kept on the
farm, laid down in Article 4g of that Regulation, as
regards the basic special premium and the basic
suckler cow premium,
shall not apply in the FOD in the case of the basic special
premium, the basic suckler cow premium or the supple-
mentary premiums referred to in paragraph 1 (a) and (b).
3. The basic and supplementary premiums referred to in
paragraphs 1 and 2 shall be granted each year for a maxi-
mum of 10 000 male bovine animals and 35 000 suckler
cows, respectively.
However, those ceilings and the balance referred to in
paragraph 1 may be revised on the basis of trends in re-
quirements, in accordance with the procedure laid down in
Article 30 of Regulation (EEC) No 804/68 or Article 27 of
Regulation (EEC) No 805/68.
Further conditions governing the grant of the supplemen-
tary premiums may be laid down using the same pro-
cedure.
4. The detailed rules to be adopted for implementing
this Article:
(a) as regards the special premium for male bovine ani-
mals, shall provide for:
— the ‘freezing’, within the regional ceiling set in Ar-
ticle 4b (3) of Regulation (EEC) No 805/68, of the
number of animals in respect of which the special
premium was granted in the FOD,
— the granting of basic and supplementary premiums
within the limit of 90 animals per age group, per
calendar year and per holding;
(b) as regards the suckler cow premium, these detailed
rules:
— shall include provisions to guarantee, to the extent
necessary, the rights of producers to whom a pre-
mium has been granted under Article 4d (2) of
Regulation (EEC) No 805/68,
— may provide for the establishment of a specific re-
serve for the FOD and special conditions for allo-
cating or reallocating rights, taking into account
the objectives pursued in the livestock farming sec-
tor; the size of the reserve shall be determined on
the basis of the ceiling set in paragraph 3 and the
number of premiums granted for the year 1994.
The detailed implementing rules may include additional
conditions for granting further premiums.2598/95
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75. Before the end of the third year of actual application
of this Article, the Commission shall submit an assessment
of the implementation of the specific provisions relating to
livestock farming.
Article 6
1. Aid shall be granted to increase the production of
cow’s milk, within the limits of local FOD human con-
sumption of milk products determined in the context of a
periodic annual balance. The quantities of milk used for
the manufacture of skimmed milk intended for animal feed
shall not be eligible for aid.
The aid shall be granted to producers and producer groups
for the quantities delivered to dairies. It shall be paid
through the dairies.
T h ea i ds h a l lb eE C U8 , 4 5p e rh u n d r e dk i l o g r a m so f
whole milk.
T h eb a l a n c em a yb er e v i s e dd u r i n gt h ey e a ro nt h eb a s i s
of trends in requirements, in accordance with the pro-
cedure laid down in Article 30 of Regulation (EEC)
No 804/68.
Aid shall be paid each year within the limits of a maxi-
mum quantity of 20 000 tonnes of milk. That maximumquantity shall be reviewed by the Council, at the end of
the third year of application of this measure, on a proposal
from the Commission accompanied by an assessment re-
port.
2. The additional levy scheme applicable to producers of
cow’s milk provided for in Council Regulation (EEC)
No 3950/92 (
1) shall not apply in the FOD from
1 April 1994.
Article 7
During the period 1991/1992 to 1996/1997:
1. the import duties referred to in Article 9 of Regulation
(EEC) No 805/68 and applying in the beef and veal
sector shall not be applied to imports of bovine ani-
mals from third countries entering the FOD for fatten-
ing purposes and intended for consumption there;
2. aid shall be granted for the supply in the FOD, on
equivalent terms, of animals as referred to in point 1
originating in the rest of the Community.
The number of animals concerned by the measures re-
ferred to in the first paragraph shall be based on the sup-
ply balance referred to in Article 5 and determined di-
gressively to take account of the development of local
production. The number of animals in question and the
amount of the aid referred to in point 2 above shall be
determined in accordance with the procedure laid down in
Article 27 of Regulation (EEC) No 805/68.
Article 8
The products referred to in Articles 2, 3 (1), 4 and 7 may
not be re-exporterd to third countries or redispatched to
the rest of the Community without prejudice to the pat-
terns of trade existing between the FOD.
(1) OJ No L 405, 31. 12. 1992, p. 1.2598/95
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8Under the same conditions, where the products in question
are processed in the FOD, the aforesaid prohibition shall
not apply to traditional exports or shipments to the rest of
the Community.
Products mentioned in the first paragraph which are cov-ered by the specific supply arrangements and products pro-
cessed therefrom shall not be eligible for refunds on ex-
portation from the FOD.
Detailed rules for the application of this Article shall be
adopted as necessary, in accordance with the procedure
laid down in Article 23 of Regulation (EEC) No 1766/92
or the corresponding Articles of the Regulations on the
common organization of the markets in question.
Article 9
The Commission, in accordance with the procedure laid
down, as the case may be, in Article 30 of Regulation
(EEC) No 804/68 or Article 27 of Regulation (EEC)
No 805/68, shall adopt detailed rules for the application of
Articles 5, 6 and 7 of this Regulation.
Article 9a
1. In the five-year period 1996 to 2000 aid shall be
granted annually to implement in both Martinique and
Réunion a comprehensive programme to support the pro-
duction and marketing of local produce in the livestock
and milk products sectors.
The programme may include measures to encourage im-
proved quality and hygiene, the marketing and promotion
of quality products, the establishment of intermediate
stages, rationalization of production and marketing struc-
tures and the provision of technical assistance. The pro-
gramme may not include the granting of aid in addition to
the premiums paid under Articles 5, 6 and 7.
The programme shall be prepared and carried out by the
competent authorities designated by the Member State,
working in close collaboration with the most representative
inter-branch organizations existing on 1 July 1994 in the
sectors concerned.
2. The competent authorities shall submit the draft an-
nual programme each year to the Commission before
1 July and for the first year before 15 December 1995. It
shall be approved in accordance with the procedure laid
down in Article 27 of Regulation (EEC) No 805/68.2598/95
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9Six months before the end of the five-year period, the
Commission shall send the European Parliament and
Council an assessment of the way in which the measure
provided for in this Article has been implemented, accom-
panied by appropriate proposals, where necessary.
TITLE II
Veterinary and plant health measures
Article 10
1. In Article 24 (1) of Council Decision 90/424/EEC of
26 June 1990 on expenditure in the veterinary field (1), the
following text is hereby added;
‘or by the Commission in accordance with the pro-
cedure laid down in Article 41 with regard to the
eradication of certain diseases specific to the French
overseas departments.’
2. The following Article is hereby inserted in Directive
72/462/EEC:
‘Article 31a
Without prejudice to Article 17 of Directive
90/675/EEC ( *)o rt oA r t i c l e1 3o fD i r e c t i v e
91/496/EEC ( **), the Commission may, in accordance
with the procedure laid down in Article 29, derogate
from this Directive with regard to imports into the
French overseas departments.
When the decisions provided for in the preceding para-
graph are taken, the rules applicable after importation
shall be laid down in accordance with the same pro-
cedure.
(*) OJ No L 373, 31. 12. 1990, p. 1.
(**) OJ No L 268, 24. 9. 1991, p. 56.’
Article 11
1. The French authorities shall submit to the Commis-
sion programmes for the control of organisms harmful to
plants or plant products. The programmes shall specify in
particular the objectives to be achieved, the measures to
be carried out, their duration and their cost. The pro-
grammes submitted pursuant to this Article shall not con-
cern protective measures for bananas.
2. The Community shall contribute to the financing of
such programmes on the basis of a technical analysis of
the regional situation.
(1) OJ No L 224, 18. 8. 1990, p. 19. Decision as last amended
by Decision 91/133/EEC (OJ No L 66, 13. 3. 1991, p. 18).2598/95
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103. The financial participation of the Community and the
amount of the aid shall be decided in accordance with the
procedure laid down in Article 16a of Directive
77/93/EEC (1). The measures eligible for Community fi-
nancing shall be defined in accordance with the same pro-
cedure.
Such participation may cover up to 60 % of the eligible
expenditure. Payment shall be made on the basis of docu-
mentation supplied by the French authorities. If necessary,
investigations may be organized by the Commission and
conducted on its behalf by experts as referred to in Article
19a of Directive 77/93/EEC.
TITLE III
Measures to develop the fruit, vegetables, plants and
flowers sectors
Article 12
The fourth indent of Article 3 (2) of Council Regulation
(EEC) No 1360/78 of 19 June 1978 on producer groups
and associations thereof (2) is hereby replaced by the fol-
lowing:
‘— live bovine animals falling within CN code 0102;
beef and veal carcases or quarters falling within
CN codes ex 0201 and ex 0202; live trees and other
plants; bulbs, roots and the like; cut flowers and
ornamental foliage falling within Chapter 6 of the
combined nomenclature; fresh fruit and vegetables
falling within Chapters 7 and 8 of the combined
nomenclature and not covered by Regulation
(EEC) No 1035/72; vanilla falling within CN code
0905 00 00; plants falling within CN code 1211, in
the French overseas departments.’
Article 13
1 . A i ds h a l lb eg r a n t e di nr e s p e c to ft h ef r u i t s ,v e g -
etables, flowers and live plants listed in Chapters 6, 7 and
8 of the combined nomenclature, the peppers and fruits of
the genus Capsicum and of the genus Pimenta falling with-
in CN code 0904 and the spices falling within CN code
0910 intended to supply the FOD market exclusively. The
aid shall not be granted for bananas other than plantains
falling within CN code 0803 00 11.
The aid shall be granted for products which conform to
common standards fixed by Community legislation or
which conform to specifications written into the supply
contracts.
(1) OJ No L 26, 31. 1. 1977, p. 20. Directive as last amended
by Directive 91/27/EEC (OJ No L 16, 22. 1. 1991, p. 29).
(2) OJ No L 166, 23. 6. 1978, p. 1. Regulation as last
amended by Regulation (EEC) No 3808/89 (OJ No L 371,20. 12. 1989, p. 1).3763/91
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11T h eg r a n to ft h ea i ds h a l lb es u b j e c tt ot h ec o n c l u s i o no f
supply contracts lasting one or more years between the
individual producers or producer groups or associations
recognized under Regulations (EEC) No 1035/72 (1)o r
(EEC) No 1360/78 and distributors, restaurants and the
like or local authorities.
The aid shall be paid out within the limits of annual quan-
tities established for each product category.
The amount of the aid shall be fixed on a flat-rate basis
for each of the product categories to be determined, based
on the average value of the products so covered.
The amount shall be increased by 5 % in the case of con-
tracts concluded by recognized producer organizations or
groups, or associations thereof.
The aid shall be paid to the producers, producer groups or
associations.
2. Aid amounting to ECU 6,04 per kilogram shall be
paid out for the production of green vanilla falling within
CN code ex 0905 and used to produce dried (black) vanilla
or vanilla extracts.
The aid shall be paid out up to an annual maximum quan-
tity of 75 tonnes.
3. Aid amounting to ECU 44,68 per kilogram shall be
paid out for the production of essential geranium and ve-
tiver oils, falling within CN codes 3301 21 to 3301 90 90.
The aid shall be paid up to an annual maximum of
30 tonnes in the case of geranium oil and 5 tonnes in the
case of vetiver oil.
4. Detailed rules for the application of this Article shall
be adopted in accordance with the procedure laid down in
Article 33 of Regulation (EEC) No 1035/72. The same
procedure shall be used to fix the product categories and
the amounts of aid referred to in paragraph 1, and the
maximum quantities referred to in paragraph 3.
Article 14
1. Aid shall be granted for the production of processed
fruits and vegetables obtained from products harvested in
the FOD.
The production aid shall be paid to processors who have
paid producers for their raw materials a price not less than
the minimum price under contracts between producers or
recognized producer groups or associations thereof and
processors or their legally constituted organizations or as-
sociations. The Member State shall fix the minimum price
for the raw materials on the basis of the production costs
involved.
(1) OJ No L 118, 20. 5. 1972, p. 1. Regulation as last
amended by Regulation (EC) No 2753/94 (OJ No L 292,12. 11. 1994, p. 3).2598/95
3763/91 - - - I
122 . T h ea m o u n to fa i ds h a l lb ef i x e do naf l a t - r a t eb a s i s
for each of the product categories to be determined, by
reference to the prices of the local raw materials used and
the import prices for the same raw materials.
3. The aid shall be paid out within the limits of maxi-
mum annual quantities established for each product cat-
egory.
4. The list of processed products for which aid is
granted and detailed rules for the application of this Ar-
ticle shall be adopted in accordance with the procedure
laid down in Article 22 of Regulation (EEC)
No 426/86 (1) .T h es a m ep r o c e d u r es h a l lb eu s e dt of i xt h e
product categories and the amounts of aid referred to in
paragraph 2, and the maximum quantities referred to in
paragraph 3.
Article 15
1. Community aid shall be granted for the conclusion of
annual contracts concerning the disposal and marketing of
the products specified in Article 13 (1) and harvested in
t h eF O D .T h i sa i ds h a l lb ep a i du pt oal i m i to fav o l u m e
of trade of 3 000 tonnes per product per year and per de-
partment.
The contracts shall be concluded between individual pro-
ducers or producer groups or associations and natural or
legal persons established in the rest of the Community.
2. The amount of the aid shall be 10 % of the value of
the production marketed, free at destination.
3. The aid shall be granted to purchasers who undertake
to market the FOD products under the contracts referred
to in paragraph 1.
4. Where the measures provided for in paragraph 1 are
undertaken by joint ventures constituted, with the aim of
marketing products harvested in the FOD, by producers orproducer groups or associations in those departments and
natural or legal persons established in the rest of the Com-
munity, and where the partners undertake to pool the
knowledge and know-how required to achieve the objective
of the joint venture over a minimum period of three years,
the amount of the aid specified in paragraph 2 shall be
increased to 13 % of the value of the annual production
marketed jointly.
(1) OJ No L 49, 27. 2. 1986, p. 1. Regulation as last amended
by Regulation (EC) No 1490/94 (OJ No L 161, 29. 6. 1994,p. 13).2598/95
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135. The aid provided for in this Article shall also be paid,
on the terms laid down in paragraphs 1 to 4, in respect of:
— products processed from fruit or vegetables harvested
in the FOD,
— essential geranium and vetiver oils falling within
CN codes 3301 21 to 3301 90 90,
— dried (black) vanilla falling within CN code ex 0905
and vanilla extracts falling within CN code 3301 90 90,
for which annual disposal and marketing contracts have
been concluded.
However, in respect of melons falling within CN code
ex 0807 10 90, aid may be granted in a department for a
quantity exceeding 3 000 tonnes provided that the total
volume eligible for aid for all the FOD is not exceeded.
Article 16
Detailed rules for the application of this Title shall be
adopted in accordance with the procedure laid down, as
appropriate, in Article 33 of Regulation (EEC)
No 1035/72 (1) or Article 13 of Regulation (EEC)
No 234/68 (2).
The rules for products not covered by the market organiz-
ations set up by the Regulations referred to in the first
paragraph shall be adopted in accordance with the pro-
cedure laid down in Article 33 of Regulation (EEC)
No 1035/72.
TITLE IV
Measures to promote sugar cane — sugar — rum
production
Article 17
In so far as the French authorities submit a restructuring
plan for the improvement of plantations and/or develop-
ment of mechanization to strengthen the sugar cane —
sugar — rum sector, aid at a flat rate per hectare shall be
granted for sugar cane cultivation.
The aid shall be paid to individual planters, planter groups
or associations.
The Community shall finance the aid at the rate of 60 %
of eligible expenditure where the official contribution of
the Member State is at least 15 %; if the latter is less, the
Community aid shall be reduced accordingly.
(1) OJ No L 118, 20. 5. 1972, p. 1. Regulation as last
amended by Regulation (EEC) No 1623/91 (OJ No L 150,15. 6. 1991, p. 8).
(2) OJ No L 55, 2. 3. 1968, p. 1. Regulation as last amended by
Regulation (EEC) No 3991/87 (OJ No L 377, 31. 12. 1987,p. 19).2598/95
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14Article 18
1. Aid shall be granted for the direct processing of sugar
cane produced in the FOD into sugar syrup or agricultural
rum as defined in Article 1 (4) (a) (2) of Regulation
(EEC) No 1576/89 (1).
The aid shall be paid to the manufacturer of sugar syrup
or to the distiller on condition that he pays the sugar cane
producer a minimum price, to be determined.
2 . T h ea i ds h a l lb ep a i d :
— in the case of sugar syrup, up to the limit of an annual
maximum quantity of 250 tonnes,
— in the case of agricultural rum, up to the limit of an
overall quantity corresponding to the average quantity
of agricultural rum sold during the three marketing
years 1987/1988, 1988/1989 and 1989/1990.
Article 19
Detailed rules for the application of this Title shall be
adopted, and the level of the aid and of the minimum
price referred to in Article 18 (1) fixed, in accordance with
the procedure laid down in Article 41 of Regulation
(EEC) No 1785/81 (2).
When the decisions provided for in the first paragraph are
taken, account shall be taken in particular of the produc-
tion objectives in the context of the arrangements appli-
cable to sugar and of the supply requirements of the FOD
markets.
TITLE V
Measures concerning the creation of a graphic symbol
Article 20
1. A graphic symbol shall be introduced with a view to
ensuring greater awareness and consumption of quality
agricultural products, whether natural or processed, specific
to the FOD as remote regions.
2. The graphic symbol shall be chosen on the basis of an
invitation to tender published by the Commission in the
Official Journal of the European Communities.
3. The conditions of utilization of the symbol shall be
proposed by the trade organizations. The French author-
ities shall forward such proposals, with their opinion, to
the Commission for approval.
(1) OJ No L 160, 12. 6. 1989, p. 1. Regulation as last
amended by Regulation (EEC) No 3280/92 (OJ No L 327,13. 11. 1992, p. 3).
(2) OJ No L 177, 1. 7. 1981, p. 4. Regulation as last amended
by Regulation (EEC) No 464/91 (OJ No L 54, 28. 2. 1991,p. 22).2598/95
3763/91
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15The utilization of the symbol shall be monitored by an
official authority or a body approved by the competent
French authorities.
4. The Community shall finance the production of the
graphic symbol and its promotion.
5. Detailed rules for the application of this Article shall
be adopted, as necessary, in accordance with the procedure
laid down in Article 33 of Regulation (EEC) No 1035/72,
or the corresponding Articles of other Regulations on the
common organization of the markets.
TITLE VI
Derogations applicable to structural measures
Article 21
1. Notwithstanding Articles 6, 7 and 12 of Council Re-
gulation (EEC) No 2328/91 of 15 July 1991 on improving
the efficiency of agricultural structures (1), investment aid
for agricultural holdings in the FOD shall be granted on
the following conditions:
(a) pig production shall not be subject to the conditions
specified in Article 6 (4) of Regulation (EEC)
No 2328/91;
(b) with regard to eggs and poultry production, the prohib-
ition referred to in Article 6 (6) of that Regulation
shall not apply to family farms in so far as their size is
in proportion to the need to ensure balanced develop-
ment in those departments;
(c) with regard to property investment, the value of the
aid referred to in Article 7 (2) of that Regulation may
be applied to other types of investment;
(d) notwithstanding Article 7 (1) of Regulation (EEC)
No 2328/91, expenditure relating to initial stock pur-
chases of pigs and poultry may be eligible under the
system of investment aid specified in Article 6 (1) of
that Regulation.
The measures mentioned in the first subparagraph under
(a), (b) and (d) shall apply only in so far as livestock pro-
duction is undertaken in a manner compatible with animal
welfare and environment protection requirements and pro-
vided that the production is for the domestic market of the
departments concerned.
(1) OJ No 218, 6. 8. 1991, p. 1.3763/91
3763/91 - - - I
162. Notwithstanding Article 17 of Regulation (EEC)
No 2328/91, the compensatory allowance referred to in Ar-
ticle 19 of that Regulation may be granted in the FOD for
all crops, provided they are cultivated in a way compatible
with environmental protection requirements and subject to
to a maximum income per holding to be determined.
In addition, cows whose milk is intended for the domestic
market of the departments concerned may be taken into
consideration for the calculation of the compensatory
a l l o w a n c ei na l lt h ea r e a si nt h eF O Ds p e c i f i e di nA r -
ticle 3 (4) and (5) of Council Directive 75/268/EEC of 28
April 1975 on mountain and hill farming in certain lessfa-
voured areas (1), up to a maximum number of 20 livestock
units.
3. The Commission, in accordance with the procedure
laid down in Article 29 of Regulation (EEC)
No 4253/88 (2):
(i) shall adopt the conditions of application of this Article;
(ii) may decide, on a reasoned request by the French auth-
orities:
(a) to derogate from the investment ceiling referred to
in Article 8 of Regulation (EEC) No 2328/91;
(b) to derogate from Article 12 (1) and the second in-
dent of Article 13 of Council Regulation (EEC)
No 866/90 of 29 March 1990 on improving the
processing and marketing conditions for agricul-
tural products (3) and from the corresponding
provisions of Council Regulation (EEC) No 867/90
of 29 March 1990 on improving the processing and
marketing conditions for forestry products (4)i n
order to extend the coverage of these measures to
essential imports form third countries, provided
that the products processed or marketed are in-
tended exclusively for the domestic market in the
FOD.
(1) OJ No L 128, 19. 5. 1975, p. 1. Directive as last amended
by Regulation (EEC) No 797/85 (OJ No L 93, 30. 3. 1985,p. 1).
(2) OJ No L 374, 31. 12. 1988, p. 1.
(3) OJ No L 91, 6. 4. 1990, p. 1. Regulation as last amended by
Regulation (EEC) No 3577/90 (OJ No L 353, 17. 12. 1990,p. 23).
(
4) OJ No L 91, 6. 4. 1990, p. 7.3763/91
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17TITLE VII
Final provisions
Article 22
The measures provided for in this Regulation, excluding
Articles 10, 11, 12 and 21, shall constitute aid designed to
stabilize the agricultural markets within the meaning of Ar-
ticle 3 (1) of Regulation (EEC) No 729/91 (1).
Article 22a
The technical adjustments to this Regulation to take ac-
count of the amendments to the rules adopted by the
Council shall be effected in accordance with the procedure
laid down in Article 23 of Regulation (EEC) No 1766/92
or in the corresponding Articles of the other Regulations
on the common organization of the markets in the sectors
concerned or in Article 29 of Regulation (EEC)
No 4253/88, whichever is appropriate.
Article 23
1. The Commission shall submit to the Council and the
Parliament an annual report on the implementation of the
measures provided for in this Regulation accompanied
where appropriate by proposals concerning any adjustment
measures which may prove necessary in order to achieve
the objectives of the Poseidom programme.
2. At the end of the third year of application of the sys-
tem the Commission shall submit to the Europa (SIC!
European) Parliament and the Council a general report on
the economic situation of the FOD showing the impact of
the action taken pursuant to this Regulation.
In the light of the report’s conclusions, the Commission
shall submit, wherever this proves necessary, appropriate
adjustments.
Article 24
This Regulation shall enter into force on the third day fol-
lowing its publication in the Official Journal of the Euro-
pean Communities.
(1) OJ No L 94, 28. 4. 1970, p. 13.3763/91
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18ANNEX
Products covered by the supply arrangements referred to in Article 2 and 3
Cereals and cereal products intended for human consumption and animal feed.
Hops.
Seed potatoes.V egetable oils for use in the processing industry.
Fruit pulps, purées and concentrated juices for processing, other than those qualifying for the aid
provided for in Article 14.2598
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