Commission Regulation (EC) No 1620/1999 of 23 July 1999 amending Regulation (EC) No 2790/94 laying down common detailed rules for the implementation of Council Regulation (EEC) No 1601/92 concerning specific measures for the Canary Islands with regard to certain agricultural products
Date: 1999-07-23
Institutions: European Commission
Subjects: Canary Islands, agricultural product, customs formalities, supply

24. 7. 1999

EN

Official Journal of the European Communities

L 192/19

COMMISSION REGULATION (EC) No 1620/1999

of 23 July 1999

amending Regulation (EC) No 2790/94 laying down common detailed rules for the implementation
of Council Regulation (EEC) No 1601/92 concerning specific measures for the Canary Islands with
regard to certain agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

tions and penalties applying cases where that time limit
is not met, on the other hand;

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1601/92 of 15
June 1992 concerning specific measures for the Canary Islands
with regard to certain agricultural products (1), as last amended
by Regulation (EC) No 1257/1999 (2) and in particular Article
3(4), Article 4(4), Article 5(2) and Article 6(2) and the third
paragraph of Article 8 thereof,

(1) Whereas Commission Regulation (EC) No 2790/94 (3),
as last amended by Regulation (EC) No 825/98 (4), lays
down common detailed rules for the implementation of
the specific arrangements for the supply of certain agri-
cultural products to the Canary Islands; whereas the
adjustments that experience has shown to be necessary
should be made and the Regulation should be amended
in the interests of clarity and administrative efficiency;

(2) Whereas Article 7(2) of Regulation (EC) No 2790/94
does not state the reason why proof
import
licences, exemption certificates and aid certificates as
provided for in Articles 1, 2 and 3 of that Regulation
have been charged must be presented within six working
days of completion of the customs formalities;

that

(3) Whereas the provisions of Article 7(2) of Regulation
(EC) No 2790/94 are nonetheless related to those of
Article 3(1) thereof, which stipulates that aid is to be
paid on presentation of a fully utilised aid certificate;
whereas operators who present aid certificates more
than six working days after completion of the customs
formalities should accordingly forfeit their entitlement to
the aid;

(4) Whereas it

is difficult
in practice for operators to
comply with the time limit of
six working days
formalities
following
provided for in Article 7(2) of Regulation (EC) No 2790/
94 for the presentation of proof that import licences and
exemption and aid certificates have been charged;

completion of

customs

the

(5) Whereas, as a consequences, the provisions of Article
3(1) and Article 7(2) of Regulation (EC) No 2790/94
should be clarified, on the one hand, and conditions
more in line with normal practice should be laid down
regarding the time limit for presentation of aid applica-

(1) OJ L 173, 27.6.1992, p. 13.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ L 296, 17.11.1994, p. 23.
(4) OJ L 117, 21.4.1998, p. 5.

(6) Whereas the introduction in Article 3(1) of Regulation
(EC) No 2790/94 of a time limite for presentation of aid
applications that can normally be met and of propor-
tionality in penalties applicable to operators not meeting
the time limit for returning certificates will simplify the
procedure for paying the aid without depriving the
authorities of the instruments they need to ensure that
the aims of the arrangements are met, i.e. in particular
to guarantee regular supplies of certain agricultural
products and to offset
the islands’
geographical situation by effectively passing on the
benenfits granted, right through to the placing on the
market of the products intended for local consumption;

the effects of

(7) Whereas the time limit provided for in Article 7(2) of
Regulation (EC) No 2790/94 is confusing since it may
be interpreted as laying down a condition for entitle-
ment to the Community aid; whereas it no longer seems
worthwhile to maintain that time limit for the purposes
of sound administration of the arrangements since such
administration is now fully computerised; whereas that
time limit should accordingly be done away with and
reference made solely to the time limit laid down in
Article 3(1) of that Regulation for the payment of the
aid;

(8) Whereas the measures provided for in this Regulation
are in accordance with the opinons of all the Manage-
ment Committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2790/94 is hereby amended as follows:

1. the second subpargraph of Article 3(1) is replaced by the

following:

‘Presenting an aid certificate shall be tantamount to applying
for the aid: such presentation must be made, except in cases
of force majeure, within 20 days of the date of charging of
the aid certificate. Where that time limit is overrun, the aid
shall be reduced by 5 % per day by which that time limit is
exceeded.';

2. the third subparagraph of Article 7(2) is deleted.

L 192/20

EN

Official Journal of the European Communities

24. 7. 1999

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

Article 2

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

Done at Brussels, 23 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission