Commission Regulation (EC) No 625/98 of 19 March 1998 amending Regulation (EEC) No 980/92 laying down detailed rules for applying the aid scheme for the marketing in Martinique and Guadeloupe of rice produced in French Guiana as regards the destination of the rice in respect of which aid is paid
Date: 1998-03-19
Institutions: European Commission
Subjects: EU aid, Guyana, aid system, marketing, originating product, rice

L 85/6

‹

EN

‹

Official Journal of the European Communities

20. 3. 98

COMMISSION REGULATION (EC) No 625/98

of 19 March 1998

amending Regulation (EEC) No 980/92 laying down detailed rules for applying
the aid scheme for the marketing in Martinique and Guadeloupe of rice
produced in French Guiana as regards the destination of the rice in respect of
which aid is paid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

reconsigned from the rest of the Community to the over-
seas departments;

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
3(5) thereof,

Whereas point 3(d) of Article 1 of Regulation (EC)
No 2598/95 provides that the volume of rice produced
locally in French Guiana which may benefit from aid for
disposal and marketing shall be increased to take account
of profitability requirements; whereas, in particular, under
Regulation (EC) No 2598/95 a limited quantity of that
production up to 4 000 tonnes may benefit from aid so
that it can be disposed of or marketed elsewhere in the
Community;

Whereas the provisions required to implement Regulation
(EC) No 2598/95 and so amend Commission Regulation
(EEC) No 980/92 of 21 April 1992 laying down detailed
rules for applying the aid scheme for the marketing in
Martinique and Guadeloupe of rice produced in French
Guiana (3) should be adopted; whereas these technical
adaptations should cover in particular the arrangements
for granting the aid for contracts for disposal or marketing
concluded between the entry into force of Regulation
(EC) No 2598/95 and the entry into force of this Regula-
tion, the definition of the parties to the contract for the
disposal or marketing of rice produced in French Guiana,
the measures to be taken to ensure that the maximum
quantities which may benefit from aid are not exceeded
and appropriate checks to ensure compliance with the
aim of the scheme;

Whereas, in order to comply with the aim of the measure,
the necessary steps should be taken to ensure that the
products receiving aid are not exported, reconsigned from
the overseas departments to the rest of the Community or

(1) OJ L 356, 24. 12. 1991, p. 1.
(2) OJ L 267, 9. 11. 1995, p. 1.
(3) OJ L 104, 22. 4. 1992, p. 31.

the aid
to ensure effective application of
Whereas,
arrangements, this Regulation should apply from the date
of entry into force of Regulation (EC) No 2598/95;
whereas, however,
reconsignments and
the effects of
exports from Guadeloupe and Martinique to the rest of
the Community and to non-member countries carried out
in accordance with the provisions replaced by this Regu-
lation should be considered definitive; whereas accor-
dingly the new text of Article 6 of Regulation (EC)
No 980/92 should apply to reconsignments and exports
from Guadeloupe and Martinique with effect from the
date of entry into force of this Regulation;

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 980/92 is amended as follows:

1. The title is replaced by the following:

‘Commission Regulation (EEC) No 980/92 of 21 April
1992 laying down detailed rules for applying the aid
scheme for the marketing of rice produced in French
Guiana’.

2. Article 1(1) is replaced by:

‘1.
For the purposes of applying the aid scheme
provided for in Article 3(3) of Regulation (EEC) No
3763/91, “annual contract” means a contract by which
an operator, either a natural or a legal person estab-
lished elsewhere in the Community other than in
French Guiana, undertakes, before the beginning of
in
the marketing period,
Guadeloupe, Martinique or elsewhere in the Commun-
ity all or part of the rice production of a producer or a
producers’ association or union in French Guiana’.

to dispose of or market

20. 3. 98

‹

EN

‹

Official Journal of the European Communities

L 85/7

3. The following paragraph is added to Article 2:

‘4.
For the purposes of Article 3(3) of Regulation
(EEC) No 3763/91, applications for aid concerning the
period between 12 November 1995 and 20 March
1998 shall be submitted to the competent departments
of
the French administration in accordance with
conditions to be laid down by those departments.

Aid shall be paid on submission of proof satisfactory
to the competent departments
the products
conferring entitlement
to aid have in fact been
disposed of or marketed in Guadeloupe, Martinique or
elsewhere in the Community.

that

The competent departments shall make appropriate
checks on the truthfulness and accuracy of the ap-
plications for aid and supporting documents.’

4. Article 5 is replaced by the following:

‘Article 5

1.
If necessary, the competent French authorities
shall lay down a uniform coefficient of reduction to be
applied to the applications in question to ensure that,
each year, aid is not granted for a quantity, expressed
in terms of milled rice equivalent, exceeding 12 000
tonnes for all the quantities for which applications
have been submitted and, within that ceiling, exceed-
ing 4 000 tonnes in respect of the quantities disposed
of or marketed elsewhere in the Community other
than in Guadeloupe and Martinique.

j =

12 000
y

where y is the total quantity of rice from French
Guiana in respect of which applications for aid
were submitted

shall be applied to all the quantities of rice;

(c) where the quantities in respect of which the ap-
plications for aid submitted total more than 12 000
tonnes and, as regards rice disposed of or marketed
elsewhere in the Community other than in Guade-
loupe and Martinique, more than the maximum
volume of 4 000 tonnes, the coefficient z obtained
from the formula:

z =

12 000
(i * x) + k

where:

x is the quantity of rice from French Guiana actu-
ally disposed of and marketed elsewhere in the
Community other than in Martinique and Guade-
loupe,

i is the coefficient of reduction for applications for
aid in respect of the quantity of rice from French
Guiana actually disposed of and marketed else-
where in the Community other than in Martinique
and Guadeloupe referred to at (a),

k is the quantity of rice from French Guiana actu-
ally disposed of and marketed in Martinique and
Guadeloupe,

The uniform coefficient or reduction shall be

2.
calculated as follows:

shall be applied.

(a) where the quantities in respect of which the ap-
plications for aid submitted total less than 12 000
tonnes but, as regards rice disposed of or marketed
elsewhere in the Community other than in Guade-
loupe and Martinique, more than the maximum
volume of 4 000 tonnes, the coefficient i obtained
from the formula:

i =

4 000
x

where x is the quantity of rice from French Guiana
actually disposed of and marketed elsewhere in the
Community other than in Martinique and Guade-
loupe

The competent French authorites shall immediately
notify the Commission of the application of this para-
graph and of the quantities involved.

3.
Aid shall be paid in respect of quantities actually
disposed of and marketed under an annual contract or
contracts and in accordance with the applicable provi-
sions.

For the purposes of this Article, the coefficient

4.
for the processing of:

— paddy rice into wholly milled rice is fixed at 0,45,

— husked rice into wholly milled rice is fixed at 0,69,

— semi-milled rice into wholly milled rice is fixed at

0,93’.

shall be applied to that latter quantity;

5. Article 6 is replaced by the following:

(b) where the quantities in respect of which the ap-
plications for aid submitted total more than 12 000
tonnes but, as regards rice disposed of or marketed
elsewhere in the Community other than in Guade-
loupe and Martinique,
less than the maximum
volume of 4 000 tonnes, the coefficient j obtained
from the formula:

‘Article 6

1.
Products receiving aid under Article 3(3) of Regu-
lation (EEC) No 3763/91 may not be exported;
products disposed of and marketed in Guadeloupe and
Martinique may not be reconsigned to the rest of the
Community.

L 85/8

‹

EN

‹

Official Journal of the European Communities

20. 3. 98

Products disposed of and marketed elsewhere in the
Community which have benefited from the aid
referred to in the first subparagraph may not be recon-
signed to Guadeloupe, Martinique or French Guiana.

shall

The competent authorities

2.
the
necessary inspection measures to ensure compliance
with paragraph 1. Such measures shall
in
particular, unannounced physical checks. The Member
State concerned shall notify the Commission of the
measures taken to this effect’.

take all

include,

6. The following paragraph is added to Article 9:

‘No later than 30 June and 31 December of each year,
the competent French authorities
send the
Commission full information concerning implementa-

shall

tion of the aid scheme, and in particular the quantities
concerned, the amount of aid granted and the destina-
tion of the consignments’.

7. The Annex is replaced by the Annex to this Regula-

tion.

Article 2

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

It shall apply from 12 November 1995. However, in the
case of reconsignments from Guadeloupe and Martinique
to the rest of the Community and exports from those
islands to non-member countries, Article 1(5) shall apply
only from the date of entry into force of this Regulation.

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

Done at Brussels, 19 March 1998.

For the Commission

Franz FISCHLER

Member of the Commission

20. 3. 98

‹

EN

‹

Official Journal of the European Communities

L 85/9

ANNEX

‘ANNEX

APPLICATION FOR AID

— Product: ....................................................................................................................................................

— Marketing period: from .......................................................... to ..........................................................

— Business name of producer or producer’s organisation: ...................................................................

..................................................................................................................................................................

— Address for administrative purposes:

(street, number, locality, telephone, telex): ..........................................................................................

..................................................................................................................................................................

— Business name of the natural or legal person established in Martinique/Guadeloupe: ...............

..................................................................................................................................................................

Address for administrative purposes: ...................................................................................................

..................................................................................................................................................................

Bank and account number to which the aid is to be paid: ..........................................................

..................................................................................................................................................................

— Legal relationship between the operators (association contract): ......................................................

..................................................................................................................................................................

To be completed by the Member State (by product and by marketing period)

Application received on: ......................................................................................

Amount (in
national currency)

ELIGIBLE EXPENDITURE

1. Quantities marketed: ........................................................................................

2. Value of the production disposed of/marketed, delivered at port of un-
loading, unloaded onto means of transport: .................................................

3. Expenditure to be taken into consideration after assessment of the value
indicated at 2 on the basis of supporting documents: ..............................

4. Destination of the consignment: ....................................................................

5. Coefficient of reduction (Quantity actually marketed) x i,

j or z (1): .......

6. Eligible expenditure (4 (cid:253) 3): ...........................................................................

7. Aid percentage (10 % or 13 %): ....................................................................

8. Amount payable (5 (cid:253) 6): .................................................................................

(1) See Article 5(2)’