Commission Regulation (EC) No 1867/1999 of 27 August 1999 adopting safeguard measures applicable to deliveries of potatoes for human consumption to the Canary Islands
Date: 1999-08-27
Institutions: European Commission
Subjects: Canary Islands, potato, protective clause, supply

28. 8. 1999

EN

Official Journal of the European Communities

L 228/27

COMMISSION REGULATION (EC) No 1867/1999

of 27 August 1999

adopting safeguard measures applicable to deliveries of potatoes for human consumption to the
Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the Act of Accession of Spain and
Portugal (1), and in particular the third subparagraph of Article
379(2) thereof, in connection with Article 11 of Council Regu-
lation (EEC) No 1911/91 of 26 June 1991 on the application
of the provisions of Community law to the Canary Islands (2),
as amended by Regulation (EEC) No 284/92 (3),

Whereas:

(6)

(1)

(2)

(3)

(4)

Article 11 of Regulation (EEC) No 1911/91 stipulates
that the safeguard measures provided for in Article 379
of the Act of Accession of Spain and Portugal are to
apply, in the eventualities provided for in that Article, to
any sector affected by the new arrangements integrating
the Canary Islands' into the Community, but only until
31 December 1999;

On 23 August 1999 Spain asked the Commission to
adopt safeguard measures in respect of deliveries of
the
potatoes for human consumption intended for
Canary Islands market;

as

Council Regulation (EEC) No 1601/92 of 15 June 1992
concerning specific measures for the Canary Islands with
regard to certain agricultural products (4),
last
amended by Regulation (EC) No 1257/1999 (5), provides
for, inter alia, with regard to ware potatoes, a restriction
on a degressive basis until 1998 on deliveries from third
countries and from the rest of the Community to the
Canary
the
marketing of the Canary Islands' production. 1999 is
therefore the first year in which that restriction does not
apply;

sensitive periods

Islands

during

for

The adverse weather in the Canary Islands in 1999 has
resulted in a poor harvest in this marketing year and a
low yield per hectare by comparison with previous
increased local production
years. This has,
costs and reduced the competitiveness of local potatoes.
It has also delayed the harvest, which means that
marketing of local production has shifted into a period
where competition with external deliveries is at
its
height;

inter alia,

(5)

In addition to the above difficulties, available data in-
dicate a large increase in quantities of ware potatoes
delivered to the Canary Islands in the past few weeks

(1) OJ L 302, 15.11.1985, p. 23.
(2) OJ L 171, 29.6.1991, p. 1.
(3) OJ L 31, 7.2.1992, p. 6.
(4) OJ L 173, 27.6.1992, p. 13.
(5) OJ L 160, 26.6.1999, p. 80.

in particular

those from the rest of

and this is exacerbating the market situation there. The
latest available information indicates that deliveries of
the
potatoes,
Community, which represent the entire market at this
time of the year, are being made at prices lower than
those in previous years and this has caused a reduction
in prices on the Canary Islands' market, with selling
prices for local products aligning with those of products
delivered from the rest of the Community. Given the
availability of the latter, there is a real risk that this
situation will continue;

the deliveries from the rest of

As a result of
the
Community and from third countries the Canary Islands'
market is threatened with serious disturbances likely to
jeopardise the objectives of Article 33 of the Treaty since
the current level of selling prices is insufficient for local
farmers to cover their production costs and derive a fair
income from that activity. If that situation continues
measures to restrict quantities should be introduced.
Given the currently available information, then, meas-
ures should be adopted at
this stage allowing the
Commission to monitor closely the development of
deliveries of ware potatoes to the Canary Islands' market
during August, September and October 1999. The intro-
duction of a system for issuing delivery certificates for
ware potatoes and the weekly transmission of data to
the Commission by the Spanish authorities are appro-
priate measures for that purpose,

HAS ADOPTED THIS REGULATION:

Article 1

1.
During the period from the entry into force of this Regu-
lation until 31 October 1999, delivery to the Canary Islands
from third countries and from the rest of the Community of
potatoes for human consumption falling within CN codes
0701 90 51, 0701 90 59 and 0701 90 90 shall be subject to
presentation of a ‘potato delivery certificate’, hereinafter called
‘certificate’.

Certificates shall be drawn up on the basis of the import
2.
licence form given in the Annex to Commission Regulation
(EEC) No 3719/88 (6).

Article 8(3) and (5) and Articles 9, 10, 13 to 16, 19 to 22, 24
to 31 and 33 to 37 of Regulation (EEC) No 3719/88 shall
apply mutatis mutandis, subject to the provisions of this Regula-
tion.

(6) OJ L 331, 2.12.1988, p. 1.

L 228/28

EN

Official Journal of the European Communities

28. 8. 1999

The phrase ‘potato delivery certificate’ shall be printed or

3.
stamped in the top left-hand box of the certificate.

4.
Certificates shall be issued at the request of interested
parties by the competent authorities designated by Spain
subject to the lodging of a security the amount of which shall
be fixed by the competent authorities in accordance with
Community law.

5.
Box 24 of the certificate application and of the certificate
shall contain the phrase ‘certificate for use in the Canary
Islands’.

6.
Proof that the certificate has been used must be provided
within 30 days of expiry of the certificate's validity, except in
cases of force majeure.

Article 2

The Spanish authorities shall transmit to the Commission each
week all the information relating to the implementation of
Article 1 along with any other information needed by the
Commission to assess the development of the situation on the
Canary Islands' market of the products referred to in Article 1.

Article 3

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

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

Done at Brussels, 27 August 1999.

For the Commission

Karel VAN MIERT

Member of the Commission