No C 149/6 Official Journal of the European Communities 8. 6. 91 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) introducing specific measures in respect of certain 
agricultural products for the benefit of the French overseas departments 
(91/C 149/07) 
COM(91) 160 final 
(Submitted by the Commission on 23 May 1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, by Decision 89/687/EEC (»), 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 for the remoter regions; whereas the 
programme provides for measures to improve the 
conditions under which the agricultural products of the 
departments are produced and marketed; 
Whereas the exceptional geographical situation of the 
French overseas departments in relation to the sources of 
supply of products used as inputs for the manufacture of 
certain essential foodstuffs imposes costs which 
constitute a severe handicap to the industries concerned; 
whereas this is true particularly in the case of cereals, 
which are not and cannot be produced in the French 
overseas departments, rendering them dependent 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 
departments concerned; 
O OJ No L 399, 30. 12. 1989, p. 39. Whereas, in the interests of regional cooperation, 
preference should be given to imports into the French 
overseas departments of cereals from the overseas 
countries and territories, the 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; 
Whereas, to maintain the competitiveness of cereals of 
Community origin on the markets of the French overseas 
departments, 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 the departments, on terms equivalent to 
exemption from the levy, of products bought into inter­
vention and, where appropriate, cereals available on the 
Community market; 
Whereas the purpose of the import arrangements 
introduced for the French overseas departments is to 
reduce production costs and consumer prices; whereas 
their 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 through 
the financing of genetic improvement programmes 
involving 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 the undertaking made in the course of nego­
tiations with the ACP States concerning the importation 
into Reunion of wheat bran from the ACP States should 
be implemented; 
8.6.91 Official Journal of the European Communities No C 149/7 
Whereas in French Guiana, in the light of recent agri­
cultural developments, specific measures should be taken 
to promote livestock production and rice cultivation; 
Whereas provision should be made for a Community 
financial contribution towards the eradication of diseases 
specific to the French overseas departments; whereas, in 
the light of the exceptional animal health situation in 
the departments, provision should also be made for 
derogations from Council Directive 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 (*), as last amended 
by Directive 90/425/EEC (2); 
Whereas the health of agricultural crops in the French 
overseas departments is subject to particular problems 
associated with the climate and the inadequacy of the 
control measures hitherto applied there; whereas 
programmes should be implemented to combat harmful 
organisms; whereas the Community's financial contri­
bution towards such programmes should be specified; 
Whereas, in the fruit, vegetables, plants and floricultural 
sector, measures should be taken to improve farm 
productivity and product quality; whereas measures 
should also be taken to improve product marketing; 
Whereas rum is a product of great economic importance 
for the French overseas departments; whereas the 
gradual abolition of certain benefits currently accorded 
in respect of rum production would have a serious 
impact on the earnings of the producers; whereas 
support measures should therefore be taken in respect of 
the cultivation of sugar cane and its processing into rum; 
Whereas agricultural producers in the French overseas 
departments should be encouraged 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 natural or processed 
form, could facilitate their marketing; 
Whereas farms in the French overseas departments 
present major structural 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 
development of agriculture in the French overseas 
departments are financed under the Community support 
frameworks to promote the development and structural 
adjustment of regions whose development is lagging 
behind (Objective 1) pursuant to Articles 130a and 130c 
of the Treaty; whereas the Commission has approved an 
initiative (Regis) to encourage the economic devel­
opment of the most remote regions, providing for the 
diversification of agricultural production, the upgrading 
of traditional products and measures to reduce the risks 
associated with natural disasters; 
Whereas banana cultivation is of fundamental 
importance to the economies of certain French overseas 
departments; whereas all the problems relating to banana 
production are the subject of a Community study 
currently under way; whereas appropriate measures will 
be taken on conclusion of the study, 
HAS ADOPTED THIS REGULATION: 
Article 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, hereinafter referred to as the 
'OD\ 
TITLE I 
Measures to promote the supply of cereals and the devel­
opment of livestock farming in the OD and to develop 
rice cultivation in French Guiana 
Article 2 
1. For each calendar year, the supply requirements of 
the OD in cereals for animal feed and for human 
consumption shall be determined on the basis of data 
provided by the French authorities. 
2. The levies fixed pursuant to Article 13 (1) of 
Council Regulation (EEC) No 2727/75 (3) shall not 
apply, in respect of the quantities referred to in 
paragraph 1, to direct imports into the OD: 
(a) of cereals for animal feed from developing countries; 
(') OJ No L 302, 31. 12. 1972, p. 28. 
(2) OJ No L 224, 18. 8. 1990, p. 13. (3) OJ No L 281, 1. 11. 1975, p. 1. 
No C 149/8 Official Journal of the European Communities 8.6.91 
(b) of cereals for human consumption from the overseas 
countries and territories or from the ACP States. 
In the event of exceptional cereals supply difficulties in 
the OD, the levy exemption may be extended: 
(a) to cereals for animal feed from other third countries; 
(b) to cereals for human consumption from developing 
countries. 
3. To ensure coverage of the requirements referred to 
in paragraph 1 in terms of quantity, price and quality, 
supplies to the OD shall be effected through the mo­
bilization, on equivalent terms, for the end user, of 
Community cereals held in intervention storage and, 
where appropriate, of cereals available on the 
Community market. The terms of supply shall be fixed 
with particular reference to the costs of the various 
sources of supply. 
4. Application of the measures provided for in para­
graphs 2 and 3 shall be subject to the advantage derived 
therefrom being actually passed on to the end user. 
5. Notwithstanding Article 16 of Regulation (EEC) 
No 2727/75, no refund shall be paid on exports of 
cereals and cereal-based products from the OD. 
6. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure laid 
down in Article 26 of Regulation (EEC) No 2727/75. 
They shall cover in particular the determination of the 
quantities referred to in paragraph 1, the application, if 
appropriate, of the provisions of paragraph 2, second 
subparagraph, and measures to ensure that the 
advantages are actually passed on to the end user. 
Article 3 
1. During the 1991/92, 1992/93 and 1993/94 
marketing years, in the case of French Guiana's animal 
feed supply requirements, determined for each year on 
the basis of data provided by the French authorities, the 
levy fixed pursuant to Article 14 (1) of Regulation (EEC) 
No 2727/75 shall not be applied to imports into French 
Guiana of products falling within CN codes 2309 90 31, 
2309 90 33, 2309 90 41, 2309 90 43, 2309 90 51 and 
2309 90 53 from developing countries or, in the event of 
exceptional problems, from other third countries. To ensure coverage of French Guiana's requirements in 
terms of quantity, price and quality, animal feed manu­
factured from cereals processed in the rest of the 
Community shall be supplied on equivalent terms, for the 
end user. 
2. During the marketing years from 1991/92 to 
1995/96 flat-rate aid per hectare shall be granted for rice 
production in French Guiana. The amount of the aid shall 
be fixed with particular reference to soil preparation 
costs. 
3. The aid specified in Article 14 shall also be granted 
in respect of the disposal and marketing in Guadeloupe 
and Martinique of rice produced in French Guiana, up 
to an annual quantity of 8 000 tonnes of wholly milled 
rice equivalent. 
4. Within the limit of an annual quantity of 8 000 
tonnes, the levy fixed pursuant to Article 13 (1) of Regu­
lation (EEC) No 2727/75 shall not be applied to imports 
into Reunion of wheat bran falling within CN code 
2302 30 from the ACP States. 
5. In accordance with the procedure laid down, as 
appropriate, in Article 26 of Regulation (EEC) No 
2727/75 or Article 27 of Council Regulation (EEC) No 
1418/76 ('), the following 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 
Article. 
6. At least six months before the end of the periods 
referred to in paragraphs 1 and 2, the Commission shall 
present to the Council an evaluation of the implemen­
tation of the measures, together with any appropriate 
proposals. 
Article 4 
1. Aid shall be granted for the supply to the OD of 
the following products of Community origin: 
(a) pure-bred breeding animals of the bovine species 
falling within CN code 0102 10 00; 
(b) pure-bred breeding swine falling within CN code 
0103 10 00; 
C) OJ No L 166, 25. 6. 1976, p. 1. 
8. 6. 91 Official Journal of the European Communities No C 149/9 
(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 ex CN code 
0106 00 10; 
(f) multiplier or breeding chicks falling within ex CN 
code 0105 11 00; 
(g) hatching eggs, other, for the production of multiplier 
or breeding chicks falling within ex CN code 
0407 00 19. 
2. The aid terms shall take account in particular of the 
supply requirements of the OD with regard to the 
start-up of production. The aid shall be paid for the 
delivery of animals and products which fulfil the 
requirements specified under Community rules. 
3. The aid shall be determined having regard to the 
following factors: 
(a) the conditions of supply to the OD 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; 
(d) the economic aspect of the aid envisaged. 
4. No refund shall be made in respect of exports from 
the OD 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 Council 
Regulation (EEC) No 805/68 (1), or the corresponding 
Articles of the other Regulations on the common organ­
izations of the markets in the sectors concerned. 
Article 5 
Aid shall be granted in support of traditional activities 
connected with beef and veal production and measures 
to improve product quality, within the limit of the 
consumption needs of the OD assessed on the basis of 
data provided by the French authorities. Such fattening aid represents a supplement of ECU 40 per head to the 
special premium provided for in Article 4a of Regulation 
(EEC) No 805/68; the supplement may be granted in 
respect of an animal of a minimum weight to be 
determined in accordance with the procedure laid down 
in Article 8. 
Article 6 
Aid shall be granted for the consumption of locally 
produced fresh cow's milk products, within the limit of 
the consumption needs of the OD assessed on the basis 
of data provided by the French authorities. The aid shall 
amount to ECU 5 per 100 kilograms of whole milk. It 
shall be paid to the dairies. Payment shall be subject to 
the benefit derived therefrom being actually passed on to 
the consumer. 
Article 7 
During the period from 1991/92 to 1994/95: 
1. the customs duties and levies referred to in Article 9 
of Regulation (EEC) No 805/68 shall not be applied 
to imports, for fattening purposes, of bovine animals 
from third countries for consumption in the OD; 
2. aid shall be granted for the supply, on equivalent 
terms, of the animals referred to in point 1 and orig­
inating in the rest of the Community. 
The number of animals concerned under the measures 
referred to in the first paragraph shall be based on the 
assessment of needs referred to in Article 5, determined 
degressively 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 shall be 
determined in accordance with the procedure laid down 
in Article 8. 
Not later than six months before the end of the 1994/95 
marketing year for beef and veal, the Commission shall 
present to the Council an evaluation of the measures 
provided for in this Article, together with any appro­
priate proposals. 
Article 8 
The Commission, in accordance with the procedure laid 
down, as the case may be, in Article 30 of Council 
Regulation (EEC) No 804/68 (2) or Article 27 of Regu­
lation (EEC) No 805/68, shall adopt detailed rules for 
the application of Articles 5, 6 and 7. 
(') OJ No L 148, 28. 6. 1968, p. 24. (2) OJ No L 148, 28. 6. 1968, p. 13. 
No C 149/10 Official Journal of the European Communities 8.6.91 
TITLE II 
Veterinary and plant health measures 
Article 9 
1. In Article 24 (1) of Council Decision 90/424/EEC 
of 26 June 1990 on expenditure in the veterinary 
field ('), the following text is hereby added: 
'or by the Commission in accordance with the 
procedure laid down in Article 41 with regard to the 
eradication of certain diseases specific to the French 
overseas departments'. 
2. The following Article 31a is hereby inserted in 
Directive 72/462/EEC: 
'Article 31a 
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 
paragraph are taken, the rules applicable after 
importation shall be laid down in accordance with 
the same procedure.' 
Article 10 
1. The French authorities shall submit to the 
Commission 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 programmes submitted pursuant to this Article 
shall not concern protective measures for bananas. 
2. The Community shall contribute to the financing of 
such programmes on the basis of a technical analysis of 
the situation. 
3. The financial participation of the Community and 
the amount of the aid shall be decided in accordance 
with the procedure laid down in Article 17a of Council 
Directive 77/93/EEC of 21 December 1977 on 
protective measures against the introduction into the 
Member States of organisms harmful to plants or plant 
products (2). The measures eligible for Community 
financing shall be defined in accordance with the same 
procedure. 
Such participation may cover up to 60 % of the eligible 
expenditure. Payment shall be made on the basis of 
documentation 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 11 
In the fourth indent of Article 3 (2) of Council Regu­
lation (EEC) No 1360/78 of 19 June 1978 on producer 
groups and associations thereof (3), the following words 
are added before the words 'in the French overseas 
departments': 
'live trees and other plants; bulbs, roots and the like; 
cut flowers and ornamental foliage falling within 
Chapter 6 of the combined nomenclature; vanilla 
(CN code 0905 00 00); plants (CN code 1211)'. 
Article 12 
1. Aid per hectare shall be granted to producers and 
producer groups and organizations which undertake a 
programme of initiatives, approved by the competent 
authorities of the Member State, with a view to the 
expansion of production and/or the improvement in the 
quality of the products listed in Chapters 6, 7 and 8 of 
the combined nomenclature and of vanilla falling within 
CN code 0905 00 00, and of plants falling within CN 
code 1211. This aid shall not concern bananas. 
The eligible initiatives shall seek in particular to 
introduce production methods that are suitable and 
effective against plant diseases and pests and to develop 
product quality through varietal conversion and cultural 
improvements. These initiatives shall form an integral 
part of programmes conducted over at least three years. 
The aid shall be granted for programmes covering a 
minimum area of 0,5 hectare. 
2. The amount of Community aid shall be ECU 500 
per hectare where the Member State provides official 
financing of at least ECU 300 per hectare and the contri­
bution of the individual producer or group amounts to at 
least ECU 200 per hectare. If the contributions of the 
Member State and the producers are less than the 
amounts specified, the Community aid shall be reduced 
proportionately. The aid shall be paid each year of 
execution of the programme, for three years. 
O OJ No L 224, 18. 8. 1990, p. 19. 
O OJ No L 26, 31. 1. 1977, p. 20. O OJ No L 166, 23. 6. 1978, p. 1. 
8. 6. 91 Official Journal of the European Communities No C 149/11 
3. The aid shall be increased where the programme of 
initiatives is presented and carried out by a producer 
group or organization and where, for its implementation, 
recourse to technical assistance is envisaged. The 
additional aid shall be granted in respect of programmes 
involving a minimum area of 2 hectares. It shall amount 
to ECU 100 per hectare. 
Article 13 
1. The Community shall contribute up to a maximum 
of ECU 200 000 towards the financing of an economic 
analysis and forward study of the fruit and vegetable 
processing industry in the OD, to be carried out on the 
responsibility of the Member State concerned. 
The study shall produce an economic and technical 
assessment of the sector; it shall pay particular attention 
to supply data and processing costs and examine the 
conditions and scope for development and sales at 
regional and international level, having regard to compe­
tition on the world market and the diversity of the OD. 
It shall make a specific assessment of the 
pineapple-processing sector. 
2. The Commission shall adopt, on the basis of the 
study referred to in paragraph 1, appropriate proposals 
which it shall transmit to the Council before 1 January 
1993. 
Article 14 
1. Community aid shall be granted for the conclusion 
of annual contracts concerning the marketing and sale of 
the products specified in Article 12 (1) and harvested in 
the OD to the remainder of the Community market or 
on the world market. This aid shall be paid up to a limit 
of a volume of trade of 3 000 tonnes per product per 
year per department. The contracts shall be concluded 
between individual producers 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 OD 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 trading in the rest of the Community or on the 
world market products harvested in the OD, by producers or producer groups or associations in those 
departments and natural or legal persons established in 
the rest of the Community, and where the partners 
undertake to pool the knowledge and knowhow required 
to achieve the objective of the enterprise 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. 
Article 15 
Detailed rules for the application of this Title shall be 
adopted in accordance with the procedure laid down, as 
appropriate, in Article 33 of Council Regulation (EEC) 
No 1035/72 of 18 May 1972 on the common organ­
ization of the market in fruit and vegetables (l) or Article 
13 of Council Regulation (EEC) No 234/68 of 27 
February 1968 on the establishment of a common organ­
ization of the market in live trees and other plants, bulbs, 
roots and the like, cut flowers and ornamental foliage (2). 
The rules for products not covered by the above market 
organizations shall be adopted in accordance with the 
procedure laid down in Article 33 of Regulation (EEC) 
No 1035/72. 
TITLE IV 
Measures to promote sugar cane — sugar — rum 
production 
Article 16 
In so far as the French authorities submit a restructuring 
plan for the improvement of plantations and/or devel­
opment 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 less, the 
Community aid shall be reduced accordingly. 
(1) OJ No L 118, 20. 5. 1972, p. 1. 
(2) OJ No L 55, 2. 3. 1968, p. 1. 
NoC 149/12 Official Journal of the European Communities 8.6.91 
Article 17 
1. Aid shall be granted for the direct processing of 
sugar cane into agricultural rum as defined in Article 1 
(4) (a) (2) of Council Regulation (EEC) No 1576/89 (>). 
The aid shall be paid to the distiller on condition that he 
has paid to the sugar cane producer a minimum price to 
be determined. 
2. The aid referred to in paragraph 1 shall be granted 
within the limit of an overall quantity corresponding to 
the average quantity of agricultural rum sold during the 
three marketing years 1987/88, 1988/89 and 1989/90. 
Article 18 
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 17 (1) fixed, in accordance 
with the procedure laid down in Article 41 of Council 
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 
production objectives in the context of the arrangements 
applicable to sugar and of the supply requirements of the 
OD markets. 
TITLE V 
Measures concerning the creation of a graphic symbol 
Article 19 
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 OD 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 auth­
orities shall forward such proposals, with their opinion, 
to the Commission for approval. 
The 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 20 
1. Notwithstanding Articles 3, 4, and 8 of Council 
Regulation (EEC) No 797/85 (3), investment aid for 
agricultural holdings in the OD shall be granted on the 
following conditions: 
(a) pig production shall not be subject to the conditions 
specified in Article 3 (4); 
(b) with regard to eggs and poultry production, the 
prohibition referred to in Article 3 (5) shall not apply 
to family farms in so far as their size is in proportion 
to the need to ensure balanced development in those 
departments; 
(c) with regard to property investment, the value of the 
aid referred to in Article 4 (2) may be applied to 
other types of investment; 
(d) notwithstanding Article 4(1), expenditure relating to 
initial stock purchases of pigs and poultry may be 
eligible under the system of investment aid specified 
in Article 3(1). 
The measures mentioned under (a), (b) and (d) shall 
apply only in so far as livestock production is undertaken 
in a manner compatible with animal welfare and envi­
ronment protection requirements and provided that the 
production is for the domestic market of the departments 
concerned. 
2. Notwithstanding Article 13 of Regulation (EEC) 
No 797/85, the compensatory allowance referred to in 
Article 15 of that Regulation may be granted in the OD 
for all crops, provided they are cultivated in a way 
compatible with environmental protection requirements 
and subject to a maximum income per holding to be 
determined. 
0) OJ No L 160, 12. 6. 1989, p. 1. 
O OJ No L 177, 1. 7. 1981, p. 4. (*) OJ No L 93, 30. 3. 1985, p. 1. 
8. 6. 91 Official Journal of the European Communities No C 149/13 
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 allowance in all the areas in the OD 
specified in Article 3 (4) and (5) of Council Directive 
75/268/EEC (1), up to a maximum number of 20 
livestock units. 
3. The Commission, in accordance with the procedure 
laid down in Article 29 of Council 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 
authorities: 
(a) to derogate from the investment ceiling referred 
to in Article 5 of Regulation (EEC) No 797/85; 
(b) to derogate from the first paragraph of Article 
12 and the second indent of Article 13 of 
Council Regulation (EEC) No 866/90 (3) and 
0) OJ No L 128, 19. 5. 1975, p. 1. 
(2) OJ No L 374, 31. 12. 1988, p. 1. 
(3) OJ No L 91, 6. 4. 1990, p. 1. from the corresponding provisions of Council Regulation 
(EEC) No 867/90 (4) in order to extend the coverage of 
these measures to essential imports from third countries, 
provided that the products processed or marketed are 
intended exclusively for the domestic market in the OD. 
TITLE VII 
Final provisions 
Article 21 
The measures provided for in this Regulation, with the 
exclusion of Articles 11 and 20, constitute aid designed 
to stabilize the agricultural markets within the meaning 
of Article 3 (1) of Regulation (EEC) No 729/70 (5). 
Article 22 
This Regulation shall enter into force on 1 August 1991. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
(4) OJ No L 91, 6. 4. 1990, p. 7. 
O OJ No L 94, 28. 4. 1970, p. 13.