B&îBlMiMÉg»* 
: aami—TitgTra 
«&f«ïf COMMISSION OF THE EUROPEAN CŒWLUNITIES 
C0M(91) 226 final 
Brussels, 19 July 1991 
Amendments to the proposais for a 
COUNCIL REGULATION (EEC) 
on the application of the provisions of Community law 
to the Canary Islands 
COUNCIL DECISION 
setting up a programme of options specific to the remote 
and insular nature of the Canary Islands (POSE I CAN) 
^.fj^-V-Y-. 
'S& J.'V';' '•'• COUNCIL DECISION 
setting up a programme of options specific to the remote and 
insular nature of Madeira and the Azores (POSEIMA) 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
w 
Amendment to the proposal for a 
COUNCIL REGULATION (EECÏ 
on the application of the provisions of Community law 
to the Canary Islands 
Recitals 
• Fifth recital 
Whereas application of the common agricultural policy to the Canary Islands will 
make possible the free movement of products on the conditions applicable to 
mainland Spain (end of the transitional period: 31 December 1995) with the 
exception of the supplementary trade mechanisms as regards the supplying of the 
Canary Islands; whereas, in this framework, the free movement of products between 
the Canary Islands and the rest of Spain will be ensured; whereas full 
application of the common agricultural policy is subject to the entry into force 
of specific supply arrangements; whereas the application of this policy will have 
to be accompanied in addition by specific measures relating to the agricultural 
production of the Canary Islands; whereas it is therefore necessary to maintain 
the provisions of the Act of Accession relating to the application of the common 
agricultural policy to the Canary Islands until the entry into force of such 
supply arrangements with the exception of those governing the access of 
agricultural products originating in the Canary Islands to the other parts of the 
Community; whereas the provisions of Protocol 2 relating to bananas must remain 
in force; (Last sentence deleted) 
'"'•• Twelfth recital 
Whereas the charge known as the "arbitrio insular - tarifa especial" applicable 
to products supplied by other parts of the Community on the terms set out in 
Article 6(3) of Protocol 2 shall not be extended beyond 31 December 1992 except 
as applied on a case-by-case basis, until 31 December 2000 at the latest, to be 
decided upon by the Council; whereas the levying of this charge on products 
imported into the Canary Islands from non-Community countries will have to be 
phased out from 1 January 1996 so that it is completely eliminated by 
31 December 2000, without prejudice to obligations under existing arrangements; 
Articles 
Article 3 
The common fisheries policy shall apply to the Canary Islands on the terms laid 
down for mainland Spain, as from the entry into force of this Regulation. 
Application of the common fisheries policy shall be accompanied by specific 
measures designed to take account, where necessary, of the special features of 
Canary Islands production. 
article 5(3) ' '~ s 
3. The rates applicable may vary depending on thé category of product 
between 0,1% and 5%; these rates may, however, rise to 15% in the case of 
manufactured tobacco (CN codes 2402 10 00 and 2402 20 00). They may under no 
circumstances be increased* by more than 15% of the initial rate. This variation 
in rates must in no case be such as to give rise to discrimination against 
products of Community origin. 
Article 5(5) 
5. The arrangements for exemptions adopted by the competent authorities pursuant 
to paragraph 4 shall be notified to the Commission, which shall inform the Member 
States thereof and have two months to assess their conformity with the aims 
defined in that paragraph. If the Commission has made no comment within that 
period, the arrangement shall be deemed to have been approved. 
Article 5(6) " 
6. During 1995, the Commission, after consulting the Spanish authorities, shall 
examine the impact of the measures taken on the economy of the Canary Islands and 
the prospects for their integration into the Community's customs territory. On 
the basis of this examination, the Spanish authorities may be authorized, in 
accordance with the criteria in paragraph 4 and the procedure in paragraph 5, to 
maintain the exemptions in force, in whole or in part, until 31 December 2000 at 
the latest. 
Article 6(4) '*"= ' 
4. The charge known as the "arbitrio insular - tarifa especial" of the Canary 
Islands shall be applied to products supplied by other parts of the Community on 
the terms laid down in Article 6(3) of Protocol 2 to the Act of Accession, though 
it may not be continued beyond 31 December 1992. On a case-by-case basis. 
however, the Council may, at Spain's request and in accordance with the procedure 
referred to in Article 6(3) of Protocol 2, authorize the application of this 
charge to certain sensitive products until 31 December 2000 at the latest. 
Without prejudice to obligations arising out of existing agreements, the levying 
of this charge on imported products originating in non-Community countries shall 
be phased out from 1 January 1996 so as to be completely eliminated by 
31 December 2000. 
Article 10(3) 
3. The provisions of Protocol o *« *K« A *. * . 
001 2 t0 the Act of '«cession relating to bananas 
shall continue to apply. (second sentence deLeted) 
Amendment to the proposal for a 
COUNCIL DECISION 
setting up a programme of options specific to the remote 
and insular nature of the Canary Islands (POSE I CAN) 
Recitals 
Eighth recital 
Whereas, for the same reasons and as part of the phased introduction of the 
common customs tariff, there is a need to create the possibility of special 
tariff or derogations from the common commercial policy for certain sensitive 
products, in particular with regard to quantitative restrictions, bearing in mind 
the free-trade historical regime of the Canary Islands; whereas customs 
arrangements may also prove to be appropriate for the regime applicable to the 
Canary Islands free zones; 
Articles 
Article 1 
Council 
1. Pursuant to Article 9 of/Regulation (EEC) No .../91, an action programme for 
the Canary Islands (Programme of options specific to the remote and insular 
nature of the Canary Islands), hereinafter referred to as the "POSEICAN 
programme" and set out in the Annex, is hereby established. This programme shall 
cover legislative measures and financial commitments. 
Annex 
Paragraph 6.3 
6.3. Temporary restrictions may be applied, at sensitive times, on a phasing-out 
basis, to potatoes delivered to the Canary Islands for a period of ten 
marketing years. 
Paragraph ^>.§ 
6.5. To avoid any deflection of trade, products covered by the measures referred to 
in paragraph 6.2. may not be re-dispatched in an unaltered state to other parts 
of the Community. Where the products in question are processed in the 
Canary Islands, this ban shall not apply to the traditional export of 
Canary Island products to the rest of the Community. 
Paragraph 7.1 
7.1. At the request, with supporting documents, of the competent Spanish 
authorities, specific tariff measures or derogations from the common commercial 
policy will be considered regarding quantitative restrictions in particular, on 
a case-by-case basis, for certain sensitive products, as follows: 
- (two indents unchanged) 
Paragraph 9 
(second subparagraph deleted) 
,Paragraph 12 
12. The Commission will report annually to the European Parliament and the Council 
on progress in the implementation of the POSEICAN programme and, where 
appropriate, propose any adjustment measures that are necessary to achieve the 
objectives defined in Title I. 
III. Amendment to the proposal for a 
COUNCIL DECISION 
setting up a programme of options specific to the remote and 
insular nature of Madeira and the Azores (POSEIMA) 
Citations 
First citation 
Having regard to the Treaty establishing the European Economic Community, and in 
particular Articles 43, 113 and 235 thereof 
Second .citation 
Having regard to the Act of Accession of Spain and Portugal, and in particular 
Article 234(3) thereof. 
Recitals 
Tenth recital 
Whereas Community rules must take account of the specific nature of the Azores 
and Madeira and encourage their economic and social development, particularly in 
those areas where the fragile nature of island territories is particularly acute, 
such as transport, fisheries, taxation, the social sector, research and 
development, or the protection of the environment in view of the vulnerability of 
the Azores and Madeira to the risks of environmental or natural disasters; 
Twelfth recital 
Whereas it is important, within the framework of the common transport policy 
guidelines, to provide regular transport links at the lowest possible cost to 
alleviate the drawbacks of remoteness and the island location; whereas air 
transport is an instrument of regional development and the most appropriate forms 
of greater liberalization should be sought, notably under partnership 
arrangements; 
Seventeenth recital 
Whereas the special production conditions in the Azores and Madeira require that 
particular attention be paid to applying the common agricultural policy to this 
region; whereas appropriate measures are needed to assist the development of the 
fruit and vegetable and flowers and live plant sectors; whereas these measures 
will have to promote the growing of tropical products in particular; whereas 
special attention will have to be given to Madeira bananas in view of their 
crucial economic and social importance for the island and with due account for 
aspects relating to ecological balance and the countryside; whereas other market 
and structural measures will also be required to support these traditional 
products, in view of the overwhelming importance of the milk sector in the 
economic activity of the Azores and its role, which is difficult to replace, as a 
factor in maintaining the working population in the archipelago; 
New recital inserted after seventeenth recital ~ v 
Whereas it is necessary to take measures in the fisheries sector in view of its 
economic and social importance for the two archipelagos; 
Annex , 
Paragraph 6 . 
6. Directives or other measures adopted in connection with the internal market 
and other common policies will have to take account of the special characteristics 
of the Azores and Madeira and make their economic and social development possible, 
particularly in the fields of transport, fisheries and taxation, social matters, 
research and technological development (without prejudice to the Community 
framework programme on this topic), and protection of the environment. 
Paragraph 8 
8. Within the framework of Community transport policy guidelines, the Community 
and Portugal will as far as possible introduce schemes designed to enable the many 
different Community airlines, particularly regional airlines, to serve the Azores 
and Madeira in the interests of their development. 
Paragraph 9.? 
9.2. In the case of essential agricultural products for consumption or processing 
in the two regions, this Community action will, within the limits of market 
requirements of the Azores and Madeira and taking into account local production 
and traditional trade flows, and making sure that the proportion of Community 
supplies of the products concerned is maintained, consist in: 
- exempting from levies and/or customs duties and the amounts specified in 
Article 240 of the Act of Accession products originating in third countries; 
L ---J 
- permitting/ on equivalent terms, without application of the amounts laid down in 
the aforementioned Article 240, the supply of Community products taken into 
intervention storage or available on the Community market. 
The principles underlying the application of this system will be as follows: 
" tne quantities covered by this supply system will be determined annually in 
supply estimates; 
- in order to ensure that these measures have an impact on the level of production 
costs and consumer prices, a mechanism will have to be set up to monitor this 
impact up to the end user stage; 
- with respect to raw sugar supplies for the Azores, the system will be applicable 
until such time as local production of sugar beet is sufficient to satisfy local 
market needs and as long as the total volume of sugar refined in the Azores does 
not exceed 10 000 tonnes; 
- with respect to supplies of compound feedingstuffs in the Azores and Madeira, 
the system will be applied temporarily pending an increase in capacity and the 
modernization of the industry producing these feedingstuffs, subject to the 
limits of local market needs and taking account of the quantity of local 
production, in such a way as not to prejudice the industry in the region 
concerned. This measure may be applied for three marketing years for the 
products coming under CN Codes 2309 90 31, 33, 41, 43, 51 and 53. 
Paragraph 9.3 
9.3. In the Azores, for the purposes of genetic improvement, aid may be granted 
for the purchase of male breeding animals originating in the Community, 
i .... 
(products in brackets deleted) 
Paragraph 10.4 
10.4. Aid will be granted for three years from 1 January 1991 up to 
31 December 1993. During these three years, annual Community aid will remain 
constant and equal to the extra cost of supplies, as defined above, in the 
reference year (1989). At the end of that three year period, the Commission will 
assess this measure and will re-examine the situation. 
Paragraph 14.1 
14.1. Within six months of the date on which this Decision takes effect, the 
Council or the Commission, as appropriate, will adopt the measures referred to in 
sections 14.2 to 14.9; 
Paragraph 14.6 
14.6. To improve the quality of agricultural products, and where appropriate 
fishery products, -in Madeira and the Azores and to promote the marketing of such 
products, the Community may finance the design and promotion of a logo for each of 
these regions. 
Paragraph 14.8 
14.8. New forms of structural assistance may also be envisaged within the 
framework of programmes to be submitted by the Portuguese authorities, and in 
particular: 
(a) for Madeira: 
- aids to improve and diversify production and to improve product quality, 
particularly in the case of wine, fruit and vegetables, flowers and plants, 
animal products, forestry products, and the fisheries sector; 
(b) for the Azores: 
- aids to improve and diversify production and to improve product quality, 
particularly in the case of milk, animal products, fruit and vegetables, 
flowers and plants, wine, forestry products and the fisheries sector; 
- aid to offset the additional cost of agricultural investments because of the 
need for protection against natural disasters and, where production has been 
diversified, aid for the establishment of a solidarity fund for the 
restoration of production potential damaged by natural disasters. 
Paragraph 14.9 (new) 
14.9 Apart from the specific study referred to in section 14.2, at the request, 
of the Portuguese authorities studies will be carried out in the agricultural 
sector, particularly on Madeira wine and the fisheries sector. As regards the 
latter, the study will be carried out pursuant to Regulation (EEC) No 4028/86 . 
as last amended by Regulations No 3944/90 and No 4042/89 
Paragraph 14.9a (new) 
For fishery products from the Azores, an increased aid scheme will be' 
introduced, over a period of five years following the date of their recognition 
with regard to producer organizations to be set up in the five years following the 
date of entry into force of POSEIMA. 
Paragraph 16 
17. The Commission will report annually to the European Parliament and the 
Council on progress in the implementation of POSEIMA, and if appropriate, propose 
any adjustment measures deemed necessary to attain the objectives set out in 
Title I. 

"M 
ISSN 0254-1475 
COM(91) 226 final 
DOCUMENTS 
EN 01 
Catalogue number : CB-CO-91-279-EN-C 
ISBN 92-77-73621-6 
Office for Officiai Publications of the European Communities 
b-2985 Luxembourg