Proposal for a COUNCIL REGULATION ( EEC ) amending, as regards the Common agricultural policy, Regulation ( EEC ) N° 1911/91 on the application of the provisions of Community law for the Canary Island
Date: 1991-12-09
Institutions: European Commission
Subjects: Canary Islands, European integration, common agricultural policy, single market, transitional period (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

C0MC91) 510 final 

Brussels,  9 December  1991 

Proposal  for a 

rniiKirn  RFfrl,)! AT I ON (EEC) 

amendinq#  as  reqards  the  Common  agricultural  policy, 
Regulation  (EEC) N°1911/91  on 
the  application  of  the  provisions  of  Community  law  for  the 
Canary  Island 

(presented by the Commission) 

£ 

EXPLANATORY  MEMORANDUM 

I. Council  Regulation  (EEC) No  1911/91  of  26 June made provision  for  the 
arrangements applying  to the Canary  Islands under  the 1985 Act of  Accession 
(in particular  Protocol  2) to be changed  by gradual  incorporation of  the 
islands  in to the customs territory of  the Community  and general 
application of  the common  policies,  to be accompanied  by suitable measures 
to compensate  for  their  insular  character  and  remoteness. 

Application  of  the common  agricultural  policy  from  1 January  1992  (on the 
lines set out  in the Poseican programme  adopted by the Council on 26 June) 
was to be accompanied  by  introduction of  specific supply arrangements  to 
meet  the essential  requirements of  the population  and  the  local  economy 
under which no customs duties or  levies would  be charged  and Community  aid 
would  be granted on products  from  the rest  of  the Community.  There were 
also to be measures geared  to the specific constraints of  the  island group 
to support  the  local  economy  and  develop essential  local  agricultural, 
particularly  tropical, production. 

II. Because of  the need  to give more detailed  consideration  to the 
requirements of  the  islands' market  and  to elaborate suitable measures with 
the partnership of  the national  and  regional  authorities application of  the 
new arrangements  from  1 January  1992 will  not  be possible and  it is 
proposed  to defer  them until  at  the  latest  1 July  1992.  This need not 
affect  application of  the other  common  policies as provided  for  in 
Regulation  (EEC) No 1911/91. 

III. Deferral  will  mean  that  for agricultural  products the arrangements set 
out  in Protocal  2 annexed  to the 1985 Act of Accession will  continue  to 
apply,  ie no  import  duty on supplies from  the world market  and  refunds on 
supplies from  the Community  market. 

IV. The same requirements of more  thorough consideration and  concertation 
dictate postponement  until  1 July  1992 at  the  latest of application of  the 
options set out  in the Poseima programme  for  the Azores and Madeira, but 
since no change  in regulatory status  is involved no further  act  Is 
necessary at  this time.  The measures  Introduced several  months ago will 
ensure supply of agricultural  products from the rest of  the Community  to 
meet consumption  requirements on  the  islands will  continue  to apply. 

Proposal  for a 

Council  Regulation  (EEC) No / 

of 

amending, as regards the Common agricultural  policy, Regulation  (EEC) 
No 1911/91  on  the application of the provisions of Community  law for  the 
Canary  Islands. 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty establishing  the European  Economic  Community, 

Having  regard  to the Act of Accession of Spain and Portugal, and  in 
particular  the first subparagraph of Article 25(4) thereof, 

Having  regard  to the proposal  from the Commission1, 

Having  regard  to the opinion of the European  Parliament2, 

Whereas  the Council, by Regulation  (EEC) No 1911/91 of  26 June  19913, 
decided  that  the Canary  Islands should progressively become part  of  the 
Community's  customs  territory and  that, again progressively, all  common 
policies should  be applied  to them;  whereas  it was decided  that  this 
should be without  prejudice  to special measures designed  to take account of 
the specific constraints arising from  their  remoteness,  insular  nature and 
previous economic  and  tax  arrangements; 

1  OJ  No C, 
2  OJ  No C, 
3  OJ  No L 171, 29.6.1991, p.1 

s 

Whereas under  Articles 2 and 10 of the above mentioned Regulation 
application of  the common agricultural  policy  is conditional  on entry  into 
force of specific supply arrangements; whereas application must  moreover be 
accompanied  by special  measures for the agricultural  production of  the 
islands; 

Whereas  the Council  Decision of 26 June 1991  setting up a programme of 
options specific  to the remote and  insular nature of  the Canary  Islands 
(Poselean)4 set out  the general  lines of  the options  to be exercised  to 
take account  of  the specific features and constraints encountered  in the 
i s Iands; 

Whereas for  the preparation and  implementation of policy  instruments a 
fuller picture  is needed of the  islands' market  requirements, with due 
attention paid  to  local production and traditional  trade  flov;3, so that the 
most  suitable measures can be framed for supporting  and  improving 
agriculture  in the  islands, and  in particular  developing  tropical  products; 

Whereas  the measures must  be drawn up within  the framework of a partnership 
between  the Commission  and the national  and  regional  authorities  in order 
to secure complimentarity with measures adopted  at national  and  regional 
level ; 

Whereas owing  to the complexity of  the preparatory work  neadod 
take due account of  the specific features and constraints &s meritioned 
above and  to the requirements  involved  in the partnership  it will  not be 
possible  to apply  from  1 January  1992 the measures  that  ars to accompany 
introduction of  the common agricultural  policy  to the  islands; whereas 
applications  should be deferred  to at the  latest  1 July 1992; 

in order  to 

4  OJ  No L 171, 29.6.1991, p. 5 

Whereas  it should be recalled  that until  entry  into force of  the specific 
supply  arrangements the provisions of  the Act  of Accession on  application 
of  the common  agricultural  policy  to the Canary  Islands shall  apply, except 
for  those governing  access of products originating  in the  islands to other 
parts of  the Community, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In Article  10(2) of Council  Regulation  (EEC) No  1911/91  the date of 
1 January  1992  In the second sentence  is replaced  by  1 July 1992. 

Article. 2 

This Regulation shall  enter  into force on  1 January 1992. 

This Regulation shall  be binding  in  its entirety  and directly applicable  in 
a 11 Member  States. 

Done at Brussels, 

For  the Council 

F INANCIAL  STATEMENT 

1. BUDGET HEADING: 183 
251 

2. TITLE: 

DATE: 

APPROPRIATIONS: ECU 46 mi 11 ion 
ECU 21 ml 11 ion 

AmencJnent to Regulation (EEC) ND 1911/91 on the application of the provisions of Comunity  law to the 
Canary  Islands as regards the application of the carman agricultural  policy. 

3. LEGAL BASIS: Article 24 of the Act of Accession of Spain and Portugal 

Council  Regulation (EEC) ND  1911/91 

4. AIMS OF PROJECT: 

Postponement of the date of appi icaticn of the CAP to the Canary  Islands from 1 January to 1 July 1992. 

Period of 12 months 

ECU mi 11 ion 

Current Financial Year 
1992 
ECU mi 11 ion 

Following Financial Year 
1993 
ECU million 

- 20 

1994 

1995 

1996 

1997 

5.  FINANCIAL  IMPLICATIONS 

5.0 EXPENDITURE 

- CHARGED TO THE EC BUDGET 
- (REFUNDS/INTERVENT ION) 
- NATIONAL  ADMINISTRATION 
-OTHER 

5.1 REVENUE 

-  Om RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 

- NATIONAL 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 

5.2 METHOD OF CALCULATION: 

This measure will result  in substantial  time being  lost in the  implementation of the POSE I CAN and 
POSEIMA programmes budget appropriations which amount to ECU 20 mi 11 ion in the 1992 draft budget. 
This expenditure is therefore  likely rot to be ocnmitted before 15 October 1992. 

6.0 CAN THE PROJECT BE FINANCED FRCM APPROPRIATIONS ENTERED  IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? 

6 .2 

IS  A  SUPPLB€NTARY  BUDGET  NECESSARY? 

6 .3  WILL  FUTURE  BUDGET  APPROPRIATIONS  BE NECESSARY? 

OBSERVATIONS: 

YES 

YES 

ND 

NO 

ISSN 0254-1475 

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