COMMISSION REGULATION (EC) No 2517/97 of 16 December 1997 amending Regulations (EEC) No 2312/92 and (EEC) No 1148/93 laying down detailed rules for implementing the specific measures for supplying the French overseas departments with breeding bovines and horses

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European 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), as last amended by Regulation (EC) No 2598/95 (2), and in particular Article 4 (5) thereof,

Whereas, pursuant to Article 4 of Regulation (EEC) No 3763/91, it is necessary to determine the number of pure-bred breeding bovines and horses originating in the Community which are eligible for aid with a view to encouraging the development of those sectors in the French overseas departments (FOD);

Whereas the quantities of the forecast supply balance and the level of aid for those products are fixed by Commission Regulations (EEC) No 2312/92 (3) and (EEC) No 1148/93 (4), as last amended by Regulation (EC) No 1266/97 (5); whereas the Annexes to those Regulations should therefore be amended;

Whereas the need might arise in the French overseas departments for additional supplies of pure-bred breeding bovines and horses in particular marketing years; whereas, therefore, the French authorities should be granted some leeway in their management of the scheme so they can issue aid certificates for animals intended for certain overseas departments in excess of the maximum quantities available to those departments, on condition that the overall maximum quantity available for all four overseas departments is complied with; whereas, in order to take proper account of such additional supply requirements for subsequent marketing years, the French authorities should inform the Commission of cases in which certificates have been issued using this discretionary power;

Whereas, pending a communication from the competent authorities updating the requirements of the French overseas departments, and so as not to interrupt application of the specific supply arrangements, the balance was drawn up for the period 1 July to 31 December 1997 by Regulation (EC) No 1272/97; whereas, as a result of the presentation by the French authorities of information on the needs of the French overseas departments, it has been possible to establish the balance for the entire 1997/98 marketing year; whereas the Annexes to Regulations (EC) No 2312/92 and (EC) No 1148/93 should therefore be replaced by the Annexes to this Regulation;

Whereas the supply arrangements are laid down for the period 1 July to 30 June; whereas the definitive supply balance for the 1997/98 marketing year should therefore apply from the start of that year, i.e. 1 July 1997;

Whereas application of the criteria for fixing the amount of Community aid to the current market situation in the sector in question and, in particular, to the exchange rates and prices for those products in the European part of the Community and on the world market, gives rise to aid for the supply of the FODs with pure-bred breeding animals at the levels fixed in the Annex hereto;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2312/92 is amended as follows:

1. The following paragraph is inserted after Article 9 (1):

'1a. However, the competent authority may, to meet special needs arising in the management of the aid, issue aid certificates for a number of animals exceeding the maximum quantity available for each overseas department, provided that the overall number of animals benefiting from the aid in all four departments is not exceeded.

France shall inform the Commission of the cases in which it has issued certificates in accordance with the first subparagraph.`;

2. Annex III is replaced by Annex I to this Regulation.

Article 2

Regulation (EC) No 1148/93 is amended as follows:

1. The following paragraph is inserted after Article 4 (1):

'1a. However, the competent authority may, to meet special needs arising in the management of the aid, issue aid certificates for a number of animals exceeding the maximum quantity available for each overseas department, provided that the overall number of animals benefiting from the aid in all four departments is not exceeded.

France shall inform the Commission of the cases in which it has issued certificates in accordance with the first subparagraph.`;

2. the Annex is replaced by Annex II to this Regulation.

Article 3

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

Articles 1 (2) and 2 (2) shall apply from 1 July 1997.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 December 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 356, 24. 12. 1991, p. 1.

(2) OJ L 267, 9. 11. 1995, p. 1.

(3) OJ L 222, 7. 8. 1992, p. 32.

(4) OJ L 116, 12. 5. 1993, p. 15.

(5) OJ L 174, 2. 7. 1997, p. 27.

ANNEX I

'ANNEX III

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(1) Entry under this subheading is subject to the conditions laid down in the relevant Community provisions.`

ANNEX II

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(1) Entry under in this subheading is subject to the conditions laid down in Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (OJ L 224, 18. 8. 1990, p. 55).`