This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (EEC) No 388/92
of 18 February 1992
laying down detailed rules for implementation of the specific arrangements for the supply of cereal
products to the French overseas departments (FOD) and establishing the forecast supply balance
(OJ L 43, 19.2.1992, p. 16)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 467/92 of 27 February 1992 L 53 14 28.2.1992
"M2 Commission Regulation (EEC) No 2027/92 of 22 July 1992 L 207 21 23.7.1992
"M3 Commission Regulation (EEC) No 3804/92 of 23 December 1992 L 384 18 30.12.1992
"M4 Commission Regulation (EEC) No 688/93 of 25 March 1993 L 73 13 26.3.1993
"M5 Commission Regulation (EEC) No 1727/93 of 30 June 1993 L 160 1 1.7.1993
"M6 Commission Regulation (EC) No 329/94 of 14 February 1994 L 42 3 15.2.1994
"M7 Commission Regulation (EC) No 3101/94 of 19 December 1994 L 328 16 20.12.1994
"M8 Commission Regulation (EC) No 1563/95 of 30 June 1995 L 150 18 1.7.1995
"M9 Commission Regulation (EC) No 2270/95 of 27 September 1995 L 231 21 28.9.1995
"M10 Commission Regulation (EC) No 2885/95 of 14 December 1995 L 302 3 15.12.1995
"M11 Commission Regulation (EC) No 1234/96 of 28 June 1996 L 161 101 29.6.1996
"M12 Commission Regulation (EC) No 2414/96 of 18 December 1996 L 329 23 19.12.1996
"M13 Commission Regulation (EC) No 2521/97 of 15 December 1997 L 346 42 17.12.1997
"M14 Commission Regulation (EC) No 1959/98 of 15 September 1998 L 254 11 16.9.1998
"M15 Commission Regulation (EC) No 2621/98 of 4 December 1998 L 329 14 5.12.1998
"M16 Commission Regulation (EC) No 1387/1999 of 28 June 1999 L 163 11 29.6.1999
"M17 Commission Regulation (EC) No 2622/1999 of 10 December 1999 L 318 12 11.12.1999
"M18 Commission Regulation (EC) No 2240/2000 of 10 October 2000 L 257 6 11.10.2000
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999 should be
understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1992R0388 — EN — 01.01.2000 — 004.001 — 1
COMMISSION REGULATION (EEC) No 388/92
of 18 February 1992
laying down detailed rules for implementation of the specific arrange-
ments for the supply of cereal products to the French overseas
departments (FOD) and establishing the forecast supply balance
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3763/91 of 16 December
1991 introducing specific measures in respect of certain agricultural products
for the benefit of the French overseas departments (1), and in particular
Article 2 (6) thereof,
Whereas Commission Regulation (EEC) No 131/92 (2) lays down common
detailed rules for implementation of the specific arrangements for the supplyof certain agricultural products to the French overseas departments (FOD);
Whereas Commission Regulation (EEC) No 3719/88 (
3), as last amended by
Regulation (EEC) No 92/91 (4), lays down in particular detailed rules for
import licences; whereas Commission Regulation (EEC) No 891/89 (5), as
last amended by Regulation (EEC) No 3562/91 (6), lays down additional and
exceptional detailed rules. specific to the cereals sector;
Whereas, in order to take account of the trade practices specific to the cereals
sector, and of the special nature of trade in bran, provision should be made fordetailed rules supplementing or derogating from the provisions of Regulation(EEC) No 131/92;
Whereas, pursuant to Article 2 of Regulation (EEC) No 3763/91, the forecast
supply balance for cereals products for the FOD should be drawn up; whereas
this balance should make it possible to interchange the quantities planned for
the products in question and, if the need arises, to increase the overall quantityfixed for feed grain during the course of the financial year;
Whereas provision should be made for the Member State to designate the
competent authority for issuing import licences and aid certificates, and forhandling aid applications and payments;
Whereas provision should be made for a timetable for submitting licence and
certificate applications, and for establishing admissibility requirements forthese applications, in particular as regards the lodging of securities; whereas,
in addition, the period of validity of import licences and aid certificates
should be fixed in accordance with supply needs and the requirements ofsound administration by granting, given the local situation in the FOD, a
longer period of validity for aid certificates;
Whereas provision should be made for the adjustment of the aid granted for
the supply of cereal products originating in the Community on the basis of the
difference in the threshold price of the product in question between the month
of application for aid certificates and the month in which the certificates areused, in order to prevent, before the harvest, supply commitments which
benefit from aid for the new marketing year, and to take account of the
practices in the cereals sector;
Whereas, to ensure the sound administration of the supply arrangements,
additional requirements should be laid down for the release of the security;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Cereals,!B
(1) OJ No L 356, 24. 12. 1991, p. 1.
(2) OJ No L 15, 22. 1. 1992, p. 13.
(3) OJ No L 331, 2. 12. 1988, p. 1.
(4) OJ No L 11, 16. 1. 1991, p. 11.
(5) OJ No L 94, 7. 4. 1989, p. 13.
(6) OJ No L 336, 7. 12. 1991, p. 30.1992R0388 — EN — 01.01.2000 — 004.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
1. Pursuant to Article 2 of Regulation (EEC) No 3763/91, the forecast
supply balance quantities eligible for exemption from duties on imports from
third countries or for Community aid shall be as specified in the Annex.
2. Without prejudice to any increase during the course of the financial year
of the overall quantity fixed for cereals, the respective quantities fixed for one
or other of the cereals in question may be exceed by a maximum of 20 %,provided that the overall quantity is adhered to. Sorghum shall be treated as
maize for the purposes of this Regulation.
3. For the purposes of applying Articles 2 and 3 (1) of Council Regulation
(EEC) No 3763/91, the developing countries shall be those listed in AnnexesIII and V to Council Regulation (EEC) No 3833/90 of 20 December 1990applying generalized tariff preferences for 1991 in respect of certain
agricultural products originating in developing countries (
1), as last amended
by Regulation (EEC) No 3587/91. (2)
Article 2
The Member State shall designate the competent authority for:
(a) issuing the import licence provided for in Article 2 of Regulation (EEC)
No 131/92;
(b) issuing the aid certificate provided for in Article 3 of that Regulation; and(c) payment of the aid to the operators concerned and the administration of
securities.
Article 3
The provisions of Regulation (EEC) No 131/92 shall apply mutatis mutandis .
Article 4
1. Applications for licences and certificates shall be submitted to the
competent authority during the first five working days of each month.However, applications for aid certificates for the supply of cereal products
falling within CN codes 1103 and 1107 as well as products falling within CN
codes 2309 90 31, 2309 90 33, 2309 90 41, 2309 90 43, 2309 90 51 and2309 90 53, of Community origin, as well as applications for aid certificates
for the supply of cereals to the department of French Guiana, may be
submitted on any working day of each month. A licence or certificateapplication shall be admissable only if:
(a) it does not exceed the maximum quantity available for each period during
which applications must be lodged;
(b) prior to expiry of the time limit laid down for the submission of licence
and certificate applications, proof has been provided that the partyconcerned has lodged a security of ECU 23 per tonne.
2. If licences and certificates are issued for quantities less than the
quantities applied for, as a result of a single reduction coefficient being fixed,
operators may withdraw their applications in writing within a time limit ofone working day following the date on which the reduction coefficient isfixed.
Article 5
1. The period of validity of import licences shall expire on the last day of
the month following the month in which they were issued.!B
(1) OJ No L 370, 20. 12. 1990, p. 86.
(2) OJ No L 341, 12. 12. 1991, p. 1.!M5
!M1
!B
!M5
!B1992R0388 — EN — 01.01.2000 — 004.001 — 3
2. The period of validity of aid certificates shall expire on the last day of the
second month following the month in which they were issued.
Article 6
The aid for supply shall be adjusted:
(a) in the case of all cereal products listed in the Annex with the exception of
maize, grain sorghum, malt and common wheat meal, for the periodAugust to May of the same marketing year, by the monthly increase
applicable to the intervention price fixed for that marketing year for the
cereal in question, multiplied by the number of months elapsing betweenthe month in which the aid certificate is applied for and the month inwhich each quantity is charged against the certificate. The first
adjustment shall take place on the first day of the calendar month
following the day the certificate application is submitted;
(b) in the case of maize and grain sorghum, for the period November of one
marketing year to August of the following marketing year, by the monthly
increase applicable to the intervention price fixed for the former
marketing year for the cereal in question, multiplied by the number ofmonths elapsing between the month in which the aid certificate is appliedfor and the month in which each quantity is charged against the
certificate. The first adjustment shall be made on the first day of the
calendar month following the day the certificate application is submitted;
(c) in the case of malt and durum wheat meal, for the period August to May
of the same marketing year, by the monthly increase applicable to the
intervention price fixed for that marketing year, multiplied on the one
hand by the number of months elapsing between the month in which theaid certificate is applied for and the month in which each quantity ischarged against the certificate and, on the other hand, by the processing
coefficients 1,3 and 1,5 for malt and durum wheat meal respectively. The
first adjustment shall take place on the first day of the calendar monthfollowing the day the certificate application is submitted;
(d) in the case of all products with the exception of maize and grain sorghum,
where the term of validity of the aid certificate extends beyond the end of
the marketing year and for all supplies charged against the certificate
during the new marketing year, as follows: the aid shall be reduced by anamount equal to the difference between the intervention prices, not
including monthly increases, for the former and the new marketing years
and by an amount equal to the monthly increase for the new marketingyear, multiplied by the number of months from August inclusive to themonth in which the certificate application is submitted;
(e) in the case of maize and grain sorghum, where the term of validity of the
aid certificate extends beyond the end of September, for all supplies
charged against the certificate from 1 October, as follows: the aid shall be
reduced by an amount equal to the difference between the interventionprice, not including monthly increases, for the former and the newmarketing years and by an amount equal to the monthly increase for the
former marketing year, multiplied by the number of months from
November inclusive to the month in which the aid application issubmitted.
However, the adjustments provided for in (d) and (e) shall not apply where the
operator provides proof to the satisfaction of the competent authorities in the
region of destination that:
— supplies of products other than maize and grain sorghum presented for
charging against the aid certificate were dispatched before 1 July and,
— in the case of maize and grain sorghum, supplies of products presented
for charging against the aid certificate were dispatched before 1 October.
Such proof shall be constituted by the bill of lading or other transport
document providing sufficient guarantees and duly established at the time of
dispatch.!B
!M8
!M9
!M81992R0388 — EN — 01.01.2000 — 004.001 — 4
Article 7
Securities shall be released if and when:
(a) the competent authority has not granted an application;(b) the operator has withdrawn his application in accordance with Article 4
(2);
(c) proof has been provided that the licence or certificate has been used; the
security shall than be released in proportion to the quantities entered onthe licence or certificate;
(d) proof has been provided that the product concerned has become
unsuitable for use or it has not been possible to carry out the operation
as a result of force majeure .
Article 8
This Regulation shall enter into force on the day following its publication in
theOfficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1992R0388 — EN — 01.01.2000 — 004.001 — 5
ANNEX
Cereals supply balance for the French overseas departments (2000)
(tonnes)
Cereals originating in third
countries (ACP/developing
countries) or ECCommon
wheatDurum
wheatBarley MaizeDurum
wheat meal
and groatsMalt Oats
Guadeloupe 55 000 — 1 000 17 500 — 100 2 500
Martinique 3 500 — 2 000 22 000 1 000 500 3 000French Guiana 200 — 300 2 000 — — —Réunion 35 000 — 10 000 130 000 — 3 500 —
Total 93 700 — 13 300 171 500 1 000 4 100 5 500Total 289 100!
M181992R0388 — EN — 01.01.2000 — 004.001 — 6