Council Regulation (EC) No 1452/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the French overseas departments, amending Directive 72/462/EEC and repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91 (Poseidom)
Date: 2001-06-28
Institutions: Council of the European Union
Subjects: French overseas department and region, agricultural product, aid to agriculture, peripheral region, regional aid, supply

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COUNCIL REGULATION (EC) No 1452/2001

of 28 June 2001

the French overseas
introducing specific measures
departments, amending Directive 72/462/EEC and repealing Regulations (EEC) No 525/77 and
(EEC) No 3763/91 (Poseidom)

for certain agricultural products

for

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 36, 37 and Article
299(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

from the advantages of

By Decision 89/687/EEC (2),
the Council adopted a
specific to the remote and
programme of options
the French overseas departments
insular nature of
(Poseidom) in accordance with the Community’s policy
of assistance for the outermost regions. The purpose of
the programme is to facilitate the economic and social
development of
those regions and enable them to
the single market of
benefit
which they are an integral part despite the objective
factors leaving them geographically and economically
isolated. The programme calls for the CAP to be applied
in those regions and provides for special measures to be
adopted.
to
improve the conditions in which agricultural products
are produced and marketed in those departments and to
mitigate the effects of
their exceptional geographical
situation and constraints as since recognised in Article
299(2) of the Treaty.

In particular,

for measures

it provides

(FOD)

departments

situation of
imposes

in supplying essential products,

the French
The particular geographical
additional
overseas
for
transport costs
In addition,
processing and as agricultural
inputs.
insularity and
objective factors arising as a result of
constraints on
extreme
operators and producers
severely
handicap their activities. This is true particularly in the
case of the supply of cereals, which are by and large not
produced and cannot be produced on a large scale in
the FOD, rendering them dependent on external sources

in the FOD that

remoteness

impose

further

(1) Opinion delivered on 14 June 2001 (not yet published in this

Official Journal).

(2) OJ L 399, 30.12.1989, p. 39.

(3)

(4)

(5)

(6)

supply. These handicaps

can be
these essential products.
to introduce

alleviated by
of
It
is
lowering the price of
therefore
supply
appropriate
arrangements with a view to ensuring supply to the
FOD from local production and to mitigating the
additional
insularity and
costs of
outermost location of the FOD.

remoteness,

specific

the

To that end, notwithstanding Article 23 of the Treaty,
imports of the products concerned from third countries
should be exempt from the applicable import duties.

the

competitiveness

insularity and outermost

In order to achieve the goal of lowering prices in the
FOD and mitigating the additional costs of
their
location while
remoteness,
maintaining
Community
the supply of
products, aid should be granted for
products of Community origin to the FOD. Such aid
should take account of the additional cost of transport
to the FOD and the prices applied to exports to third
countries and,
inputs and
products intended for processing, the additional costs of
insularity and outermost location.

in the case of agricultural

of

the

products

advantages

In addition,
specific

Since the quantities covered by the specific supply
arrangements are limited to the supply requirements of
the FOD, those arrangements do not impair the proper
the
the internal market.
functioning of
economic
supply
of
arrangements should not provoke deflections of trade in
the
or
re-exportation of those products from the FOD should
therefore be prohibited. However, trade flows between
the FOD are not covered by this prohibition. Nor does
it apply, where processing is concerned, subject
to
certain conditions,
to exports to third countries to
promote regional trade or to traditional consignments
to the rest of the Community.

Re-dispatching

concerned.

economic

advantages of

The
supply
arrangements should reduce production costs and be
passed on to the end user. They should therefore be
granted only on condition that they are actually passed
on, and monitoring must be carried out to that end.

specific

the

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(7)

(8)

(9)

recent agricultural developments

In the light of
in
French Guiana, Regulation (EEC) No 3763/91 (1)
introduced a measure to develop rice cultivation. That
measure expired at the end of the 1996 marketing year,
and since the Member State concerned has not asked for
it to be extended, that measure should be abolished. A
measure has been introduced to dispose of and market
part of
the local production of rice in Guadeloupe,
Martinique and the rest of the Community. Since not all
of the local production can be consumed in the region,
and since lack of facilities and local conditions make
this measure,
storage in the region scarcely feasible,
which is vital
local
in the
to maintain balance
production sector, should continue on the terms laid
down in the current rules.

the

activities

livestock

the provisions of

Traditional
should be
farming
supported in order to meet local consumption needs of
the FOD. To that end, derogations are needed from
some of
common market
organisations which restrict production, to take account
of the development and particular conditions of local
production, which are quite different from those in the
rest of
the Community. This objective may also be
pursued indirectly by financing genetic improvement
the purchase of pure-bred
programmes
breeding animals, by purchasing commercial breeds
more suited to local conditions, by supplementing the
suckler cow premium and the slaughter premium and,
where appropriate, by making it possible to import
from third countries male bovine animals intended for
fattening under certain conditions, as well as by
derogating from the import conditions for animals and
foodstuffs of animal origin.

involving

local

consumption requirements

Improvements need to be made to the poor conditions
for supplying fresh milk products to local markets in
the FOD, which at present come mainly from imports;
this aim can be achieved on the one hand by continuing
aid to develop cow’s milk production within the limits
as periodically
of
evaluated under a supply balance, and on the other
hand by ceasing to apply the arrangements for an
levy on cow’s milk producers laid down in
additional
Regulation (EEC) No 3950/92 (2);
supply
conditions typical of the outermost regions, which are
completely different from those prevailing in the rest of
the Community, and the need for a local production
development incentive justify this derogation.

the poor

(1) 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 (OJ L
356, 24.12.1991, p. 1). Regulation last amended by Regulation
(EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

(2) Council Regulation (EEC) No 3950/92 of 28 December 1992
establishing an additional levy in the milk and milk products sector
(OJ L 405, 31.12.1992 p. 1. Regulation as last amended by
Commission Regulation (EEC) No 1256/1999 (OJ L 160,
26.6.1999, p. 73).

(10)

(11)

(12)

of

level

from 1996(cid:151)2000. The

The Community is contributing funds
to regional
programmes to support the production and marketing
of
local products in the livestock and milk products
sectors in Martinique and RØunion as a temporary
measure
local
self-sufficiency in those sectors is still low. Community
support can be mobilised effectively only if the local
production structures are able to implement strategies
tailored to the local context for economic development,
spatial organisation of production and increasing the
professionalism of producers. This assistance should be
continued as
to help the
production of a modern, high quality sector to pick up
speed. The principle of extending this support to French
and Guadeloupe has been accepted, on
Guiana
inter-branch organisations are set
condition that local
up.

temporary measure

a

and

quality,

In the fruit, vegetables, plants and floricultural sector,
farm
measures have been introduced to improve
productivity
the
structure
product
production and distribution chains, develop local
processed products and maintain certain traditional
production (vanilla, essential oils, etc.), with a view to
supporting the local marketing, processing and export
sales of those products. These measures have helped to
start improving the ability of local products to compete
with products from elsewhere on high-growth markets,
to satisfy the requirements of consumers and new
distribution channels and to establish these upgraded
products on the Community market,
and should
therefore be continued.

the scheme and the production region,

Regulation (EEC) No 525/77 (3) established a system of
production aid for tinned pineapple which has been
applied only in Martinique. Given the specific features
of
in the
interests of legislative and administrative harmonisation,
the scheme should be included in this Regulation and
If
Regulation (EEC) No 525/77 should be repealed.
pineapple production is to have a future, all
those
engaged in the sector must be mobilised. Pineapple
production is particularly important in Martinique, for
both economic and social
reasons. Pineapples are
expensive to produce and products processed from
them face competition from third countries. Support
should continue to be granted for processing and to
ensure the survival of small
farms, ensure a regular
supply to the processing industry and reinforce the role

(3) Council Regulation (EEC) No 525/77 of 14 March 1977
establishing a system of production aid for tinned pineapple (OJ
L 73, 21.3.1977, p. 46). Regulation as last amended by Regulation
(EEC) No 1699/85 (OJ L 163, 22.6.1985, p. 12).

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of producer organisations while opening the way in the
if
medium term to
appropriate, the marketing of fresh produce.

improved profitability

and,

(13)

(14)

insularity, outermost

The sugar-cane sector is vital to the economy of the
FOD. The FOD continue to face serious handicaps
(remoteness,
location, difficult
mountainous terrain, small and widely dispersed farms,
few factories, high local transport costs, difficult access
because of poor roads) which push up costs. Sugar-cane
production also faces specific handicaps in comparison
with the production of sugarbeet in mainland Europe,
particularly regarding the harvesting of cane. To ensure
that the sector develops properly and to alleviate these
difficulties, measures are needed to offset partially the
additional costs of
transporting cane from fields to
reception centres.

Rum is a product of great economic importance for the
FOD, and market outlets are vital. The gradual abolition
of certain benefits currently accorded to rum production
would have a serious impact on the earnings of the
producers. The measures to support the cultivation of
sugar cane and its direct processing into agricultural
rum and sugar syrup should be continued because these
measures are helping to ensure continued deliveries of
cane to distilleries, which can thus plan and rationalise
investments in their production facilities, and because
they help improve the incomes of cane growers and
encourage them to improve their production methods
to ensure higher yields and deliver better quality cane.

be
FOD should
producers
(15) Agricultural
and
the
encouraged
to supply
marketing of these should be assisted,
in this respect,
using the Community’s graphic symbol might help
achieve this purpose.

in
quality products

the

(17)

(18)

(19)

Regulation (EC) No 1257/1999 (1)
lays down rural
development measures that may be granted Community
support and sets out the conditions for obtaining such
support.

This Regulation seeks to remedy the handicaps due to
the remote and insular nature of
the FOD and to
improve the conditions under which their agricultural
products are produced and marketed.

structures of

The
certain agricultural holdings or
processing and marketing enterprises located in the
FOD show serious shortcomings and are beset with
specific difficulties. Provision should accordingly be
made for derogations for certain types of investments
from the provisions limiting or preventing the grant of
some structural aid provided for in Regulation (EC) No
1257/1999.

(20) Article 29(3) of Regulation (EC) No 1257/1999 restricts
the grant of
forestry support to forests and wooded
areas belonging to private owners and municipalities
and associations thereof. The great majority of forests
and wooded areas located in the FOD belong to public
authorities other
these
circumstances,
the conditions laid down in the said
Article should be made more flexible.

than municipalities. Under

(21)

(22)

The Community financial contribution for three of the
accompanying measures referred to in Article 35(1) of
in the
Regulation (EC) No 1257/1999 may amount
outermost regions to up to 85 % of the total eligible
cost. On the other hand, in accordance with the third
indent of the second subparagraph of Article 47(2) of
the Community
Regulation (EC) No 1257/1999,
financial contribution for agri-environmental measures,
which constitutes the fourth accompanying measure, is
to be limited to 75 % for all areas covered by Objective
to
1.
view of
rural
agri-environment within
the
the Community financial
the rate of
development,
contribution
all
for
be
should
accompanying measures in the outermost regions.

attributed
of

harmonised

importance

context

the

In

to Article 14 of Regulation (EC) No
Pursuant
1260/1999 (2),
support
single
framework,
programming document is to cover a period of seven
years, and the programming period is to begin on 1

each
operational

Community

programme

plan,

and

(16)

The plant health of agricultural crops in the FOD is
to particular problems associated with the
subject
the control measures
climate and the inadequacy of
hitherto
be
there.
including
implemented to combat harmful organisms,
financial
by
organic methods. The Community’s
contribution towards
should be
specified.

such programmes

Programmes

applied

should

(1) Council Regulation (EC) No 1257/1999 of 17 May 1999 on
from the European Agricultural
support
Guidance and Guarantee Fund (EAGGF) and amending and
repealing certain Regulations (OJ L 160, 26.6.1999, p. 80).

for rural development

(2) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying
down general provisions on the Structural Funds (OJ L 161,
26.6.1999, p. 1).

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January 2000. In the interests of cohesiveness and to
avoid discrimination between beneficiaries of the same
programme,
in this
Regulation should, exceptionally, be applicable to the
whole programming period.

the derogations provided for

to meet supply requirements each year. A separate forecast
balance shall be drawn up for the requirements of industries
processing and packaging products intended for the local
market, for export under certain conditions to third countries
or for traditional consignment to the rest of the Community.

(23) A derogation may be granted from the Commission’s
consistent policy of not authorising State operating aid
for
the production, processing and marketing of
agricultural products covered by Annex I to the Treaty
in order to mitigate the specific constraints on farming
in the FOD as a result of their remoteness,
insularity
and outermost location, small area, mountainous terrain
and climate and their economic dependency on a small
number of products.

(24)

Provision should be made for the possibility of adopting
transitional rules in order to facilitate the move from
the system laid down in amended Regulation (EEC) No
3763/91, and from the system laid down in Council
Regulation (EEC) No 525/77, to the new system laid
down in this Regulation and, in the event of extensions
to the existing measures,
to ensure the necessary
continuity.

(25)

The measures necessary for the implementation of this
Regualtion should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1),

HAS ADOPTED THIS REGULATION:

Article 3

1.
No duties shall apply to direct imports into the FOD of
products covered by the specific supply arrangements from
third countries, within the limit of the quantities determined in
the supply balance.

2.
To ensure coverage of the requirements established in
accordance with Article 2 in terms of quantity, price and
quality, while taking care to maintain the Community’s share
in supplies, aid shall be granted to supply the FOD with
Community products held in public intervention storage or
available on the Community market.

Such aid shall be fixed to take account of the additional cost of
transport to the FOD and the prices applied to exports to third
countries and, in the case of agricultural inputs and products
intended for processing, the additional costs of insularity and
outermost location.

In implementing the

3.
account shall be taken, in particular, of the following:

specific

supply arrangements,

Article 1

(cid:151) the specific requirements of the FOD and, in the case of
inputs,

products intended for processing and agricultural
the specific quality requirements,

This Regulation lays down specific measures to remedy the
difficulties caused by the remoteness, outermost location and
in
insular nature of the French overseas departments (FOD)
respect of certain agricultural products.

(cid:151) trade flows with the rest of the Community,

(cid:151) the economic aspect of the proposed aid.

TITLE I

SPECIFIC SUPPLY ARRANGEMENTS

Article 2

Specific supply arrangements are hereby introduced for
1.
the agricultural products listed in Annex I to this Regulation,
which are essential for human consumption, for processing
and as agricultural inputs in the FOD.

2.
A forecast supply balance shall be drawn up stating the
quantity of the agricultural products listed in Annex I needed

(1) OJ L 184, 17.7.1999, p. 23.

to the condition that

Entitlement under the specific supply arrangements shall
4.
be subject
the economic advantage
derived either from exemption from import duties or from aid
in the case of supply from the rest of
the Community is
actually passed on to the end user.

5.
Products covered by the specific supply arrangements
may not be re-exported to third countries or re-dispatched to
the rest of the Community. This prohibition shall not apply to
trade flows between the FOD.

Where the products concerned are processed in the FOD, the
to third
aforesaid prohibition shall not apply to exports
countries nor
the processed
products to the rest of the Community, in compliance with the
conditions laid down by the Commission under the procedure
referred to in Article 19(2).

to traditional

shipments of

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No export refund shall be granted.

6.
Detailed rules for applying this Title shall be adopted in
accordance with the procedure referred to in Article 23(2).
These shall include, in particular:

The amount of the aid shall be 10 % of the value of the
marketed produce sold in Guadeloupe, Martinique or the rest
of the Community, for merchandise delivered at the first port
of unloading. This percentage shall be raised to 13 % where
the contractor for the producers is a group or association of
producers.

(cid:151) the fixing of aid for

supply from the rest of

the

Community,

The aid shall be paid to the purchaser who markets the
products under the annual contracts.

(cid:151) provisions

to ensure that

the advantages granted are

actually passed on to the end user,

(cid:151) introduction if necessary of a system of import or delivery

licences.

The Commission shall draw up supply balances in accordance
with Article 23(2). It may revise those balances, and the list of
products in Annex I, in accordance with the same procedure,
in the light of changes in FOD requirements.

Article 4

Within the limit of an annual quantity of 8 000 tonnes, the
levy set in implementation of Articles 10 and 11 of Regulation
(EC) No 1766/92 (1) shall not be applied to the import into
RØunion of wheat bran covered by CN code 2302 30
originating in the ACP States.

TITLE II

2.
Detailed rules for applying this Article shall be adopted
in accordance with the procedure referred to in Article 23(2).
In accordance with the same procedure the Commission may
review the annual volume limit of 12 000 tonnes referred to
in the first subparagraph of paragraph 1.

CHAPTER II

LIVESTOCK AND MILK PRODUCTS

Article 6

1.
In the livestock sector, aid shall be granted for the supply
to the FOD of pure-bred animals, animals of commercial
breeds and livestock products, originating in the Community.

2.
The terms for granting aid shall be laid down taking
account, in particular, of the supply requirements of the FOD
for
starting up production and genetic improvement of
livestock and the need for the breeds best suited to local
conditions. The aid shall be paid for the delivery of goods
which fulfil the requirements specified in Community rules.

MEASURES TO ASSIST LOCAL PRODUCTS

The following shall be taken into account when aid is

3.
being fixed:

CHAPTER I

RICE

Article 5

1.
Community aid shall be granted for the conclusion of
annual contracts concerning the disposal and marketing in
Guadeloupe, Martinique and the rest of the Community of rice
harvested in French Guiana, within the limit of an annual
volume of 12 000 tonnes of wholly milled rice equivalent. As
regards disposal and marketing in the rest of the Community,
aid shall be granted for a maximum of 4 000 tonnes.

The contracts shall be concluded between producers in French
Guiana and natural or legal persons established in Guadeloupe,
Martinique or the rest of the Community.

(1) Council Regulation (EEC) No 1766/92 of 30 June 1992 on the
common organisation of
(OJ L 181,
the market
1.7.1992, p. 21). Regulation as last amended by Regulation (EC)
No 1666/2000 (OJ L 193, 29.7.2000, p. 1).

in cereals

(cid:151) the conditions and in particular the costs of supply to the

FOD resulting from their geographical situation,

(cid:151) the price of products on the Community market and on

the world market,

(cid:151) whether or not duties are charged on imports from third

countries,

(cid:151) the economic aspect of the proposed aid.

Article 3(4) and (5) shall apply to goods qualifying for

4.
aid under paragraph 1 of this Article.

The list of products, the level of the aid referred to in
5.
paragraph 1 and the detailed rules for applying this Article
shall be adopted in accordance with the procedure referred to
in Article 23(2).

Article 7

1.
level

Until the local numbers of young male bovines reach a
local beef
to ensure the development of
sufficient

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production, and within the limit referred to in Article 9, the
possibility shall be introduced of importing, without applying
the customs duties referred to in Article 30 of Regulation (EC)
No 1254/1999 (1), bovine animals from third countries for
on-site fattening and consumption in the FOD.

Article 3(4) and (5) shall apply to animals qualifying for the
exemption referred to in the first
this
paragraph.

subparagraph of

2.
The numbers of animals qualifying for the exemption
referred to in paragraph 1 shall be determined when the need
to import is justified, taking account of the development of
local production. These numbers, and detailed rules
for
applying this Article,
including in particular the minimum
duration of the fattening period, shall be fixed in accordance
with the procedure referred to in Article 23(2). Priority for
such animals shall be given to producers holding animals for
fattening at least 50 % of which are of local origin.

Article 9

in (a) and (b) of

The aid provided for

1.
the second
subparagraph shall be granted to assist traditional activities
connected with beef and veal production and measures to
improve product quality, within the limits of the consumption
needs of the FOD as assessed in the context of a periodic
supply balance.

The balance shall also take account of animals supplied under
Articles 6 and 7.

(a) A supplement to the suckler cow premium provided for in
Article 6 of Regulation (EC) No 1254/1999 shall be paid
to beef and veal producers. The amount of this supplement
shall be EUR 50 per suckler cow held by the producer on
the day on which the application is submitted.

(b) A supplement to the slaughter premium provided for in
Article 11 of Regulation (EC) No 1254/1999 shall be paid
to beef and veal producers. The amount of the supplement
shall be EUR 25 per head.

Article 8

2.

The provisions relating to:

In Directive 72/462/EEC (2),
inserted:

the following Article shall be

(a)

the regional ceiling laid down by Article 4 of Regulation
(EC) No 1254/1999 as regards the special premium;

(cid:145)Article 31a

Notwithstanding Article 13 of Directive 91/496/EEC (*)
and Article 18 of Directive 97/78/EC (**), the Commission
may, according to the procedure laid down in Article 29
of this Directive, derogate from its provisions with regard
to imports into French overseas departments.

When the decisions referred to in the first paragraph are
adopted, the rules applicable following importation shall
be determined according to the same procedure.

(*) Council Directive 91/496/EEC of 15 July 1991 laying
down the principles governing the organisation of
veterinary checks on animals entering the Community
from third countries and amending Directives 89/662/EEC,
90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p. 56).
Directive as last amended by Directive 96/43/EC (OJ L 162,
1.7.1996, p. 1).

(**) Council Directive 97/78/EC of 18 December 1997 laying
down the principles governing the organisation of
veterinary checks on products entering the Community
from third countries (OJ L 24, 30.1.1998, p. 9).(cid:146)

(b) the individual ceiling for animals kept on the holding as
laid down in Article 6 of Regulation (EEC) No 1254/1999,
as regards the basic suckler cow premium;

(c)

the national ceiling laid down under Article 11 of
Regulation (EC) No 1254/1999 as
the basic
slaughter premium;

regards

(d) the stocking density of animals kept on the farm,
down in Article 12 of Regulation (EC) No 1254/1999;

laid

shall not apply in the FOD in the case of the special premium,
the basic suckler cow premium, the basic slaughter premium
or the supplementary premiums referred to in paragraph 1(a)
and (b) of this Article.

3.
The basic and supplementary premiums referred to in
paragraphs 1 and 2 shall be granted each year for a maximum
of 10 000 male bovine animals, 35 000 suckler cows and
20 000 slaughtered animals, respectively.

4.
Detailed rules for applying this Article shall be adopted
in accordance with the procedure referred to in Article 23(2).
They shall cover drawing up the balances referred to in
paragraph 1 of this Article and any reviews to take account of
changing requirements and,

(1) Council Regulation (EC) No 1254/1999 of 17 May 1999 on the
common organisation of the market in beef and veal (OJ L 160,
26.6.1999, p. 21).

(a) as regards the special premium for male bovine animals,

they shall provide for:

(2) 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 (OJ L 302,
31.12.1972,
by
Directive
28).
Directive 97/79/EC (OJ L 24, 30.1.1998, p. 31).

amended

last

as

p.

(cid:151) the (cid:145)freezing(cid:146), within the regional ceiling set in Article
4 of Regulation (EC) No 1254/1999, of the number of
animals for which the special premium was granted in
the FOD for 1994,

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(cid:151) the grant of premiums within the limit of 90 animals
per age group, per calendar year and per holding;

The additional

2.
levy scheme applicable to producers of
cow’s milk provided for in Regulation (EEC) No 3950/92 shall
not apply in the FOD.

(b) as regards the suckler cow premium, these detailed rules:

(cid:151) shall

include provisions to guarantee,

to the extent
necessary, the rights of producers to whom a premium
has been granted under Article 6 of Regulation (EC)
No 1254/1999,

(cid:151) may provide for the establishment of a specific reserve
for the FOD and special conditions for allocating or
reallocating rights, taking into account the objectives
pursued in the livestock farming sector; the size of the
reserve shall be determined on the basis of the ceiling
set
in paragraph 3 and the number of premiums
granted for the year 1994;

(c) as regards the slaughter premium, they shall provide for:

(cid:151) the (cid:145)freezing(cid:146), within the national ceiling set in Article
38(1) of Regulation (EC) No 2342/1999 (1), of
the
number of animals for which the slaughter premium
was granted for 2000.

The detailed implementing rules may include additional
conditions for granting supplementary premiums.

The Commission may review the ceilings fixed in paragraph 3
in accordance with the same procedure.

Article 10

1.
Aid shall be granted to increase the production of cow’s
milk, within the limit of the local requirements in the FOD of
milk products for human consumption, such requirements
being determined each marketing year in a supply balance. The
quantities of milk used for the manufacture of skimmed milk
intended for animal feed shall not be eligible for aid.

The aid shall be granted to producers and producer groups for
the quantities delivered to dairies. It shall be paid through the
dairies.

The aid shall amount to EUR 8,45 per 100 kg of whole milk.

The Commission shall adopt detailed rules for applying
3.
this Article and the balance referred to in paragraph 1 thereof
in accordance with the procedure referred to in Article 23(2).

The Commission may review the maximum quantity referred
to in the fourth subparagraph of paragraph 1 in accordance
with the same procedure.

Article 11

In the period 2001(cid:151)2006, aid shall be granted to
1.
implement
in both Martinique and RØunion comprehensive
programmes to support the production and marketing of local
produce in the livestock and milk products sectors. For 2001,
aid shall be granted for annual transition programmes. The
duration of the comprehensive programmes shall be five years
during the period 2002(cid:151)2006.

include measures

to encourage
These programme may
improved quality and hygiene, marketing, sector structuring,
the rationalisation of production and marketing structures,
local communication relating to quality products and the
provision of technical assistance. The programmes may not
include the grant of aid in addition to the premiums paid
under Articles 9 and 10.

The programmes shall be prepared and implemented by the
authorities designated by the Member State,
competent
working in close collaboration with the existing inter-branch
organisations recognised as most representative in the sectors
concerned.

Detailed rules for applying this Article shall be adopted
2.
in accordance with the procedure set out in Article 23(2).
Draft programmes, to run for no more than five years, shall be
presented to the Commission by the competent authorities.
The Commission shall approve them in accordance with the
procedure referred to in Article 23(2). In accordance with the
same procedure, the Commission may extend the scope of this
Article to cover the departments of Guadeloupe and French
Guiana, provided inter-branch organisations are established in
those departments.

3.
Each year the French authorities shall present a report on
implementation of the programmes. Before the end of 2005,
the Commission shall submit to the European Parliament and
to the Council an evaluation report on the application of the
measure referred to in this Article, accompanied if applicable
by appropriate proposals.

Aid shall be paid each year within the limits of a maximum
quantity of 40 000 tonnes of milk.

CHAPTER III

FRUIT, VEGETABLES, PLANTS AND FLOWERS

(1) Commission Regulation (EC) No 2342/1999 of 28 October 1999
laying down detailed rules
application of Council
for
Regulation (EC) No 1254/1999 on the common organisation of
the market in beef and veal as regards premium schemes (OJ L 281,
4.11.1999, p. 30). Regulation as last amended by Commission
Regulation (EC) No 192/2001 (OJ L 29, 31.1.2001, p. 7).

the

Article 12

1.
Aid shall be granted in respect of the fruits, vegetables,
flowers and live plants listed in Chapters 6, 7 and 8 of the
Combined Nomenclature, the peppers and fruits of the genus

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Capsicum and of the genus Pimenta falling within CN code
0904 and the spices falling within CN code 0910 harvested in
the FOD and intended to supply their domestic market.
In
Martinique and Guadeloupe the aid shall not be granted for
bananas other
falling within CN code
0803 00 11.

than plantains

The aid shall be granted for products which conform to
common standards fixed by Community legislation or, where
to specifications written into the
no such standards exist,
supply contracts.

Grant of the aid shall be subject to the conclusion of supply
lasting one or more years between individual
contracts
producers or producer groups, or producer organisations as
referred to in Articles 11, 13 and 14 of Regulation (EC) No
2200/96 (1) and distributors, restaurants and the like or local
authorities.

The aid shall be paid out to the abovementioned individual
producers, producer groups or producer organisations within
the limits of annual quantities established for each product
category.

Article 13

1.
Aid shall be granted for the production of processed
fruits and vegetables obtained from products harvested in the
FOD.

The production aid shall be paid to processors who have paid
producers for their raw materials a price not less than the
contracts between producers or
minimum price under
recognised producer organisations within the meaning of
Regulation (EC) No 2200/96 and processors or their legally
constituted organisations or associations. The Member State
shall fix the minimum price for the raw materials on the basis
of the production costs involved.

2.
The amount of aid shall be fixed on a flat-rate basis for
each of the product categories to be determined, by reference
to the prices of the local raw materials used and the import
prices for the same raw materials.

The aid shall be paid out within the limits of annual

3.
quantities established for each product category.

The amount of the aid shall be fixed on a flat-rate basis for
each of the product categories to be determined, based on the
average value of the products covered. The amount of aid shall
be differentiated according to whether or not the beneficiary is
one of the producer organisations referred to in Articles 11,
13 and 14 of Regulation (EC) No 2200/96.

4.
The list of processed products for which aid is granted
and detailed rules for applying this Article shall be adopted in
accordance with the procedure referred to in Article 23(2). The
same procedure shall be used to fix the product categories and
the amounts of aid referred to in paragraph 2 of this Article
and the maximum quantities
referred to in paragraph 3
thereof.

2.
Aid amounting to EUR 6,04 per kilogram shall be paid
out for the production of green vanilla falling within CN code
ex 0905 00 00 and used to produce dried (black) vanilla or
vanilla extracts.

The aid shall be paid out up to an annual maximum quantity
of 75 tonnes.

3.
Aid amounting to EUR 44,68 per kilogram shall be paid
out for the production of essential geranium and vetiver oils,
falling within CN codes 3301 21 and 3301 26 respectively.

The aid shall be paid up to an annual maximum of 30 tonnes
in the case of geranium oil and 5 tonnes in the case of vetiver
oil.

4.
Detailed rules for applying this Article shall be adopted
in accordance with the procedure referred to in Article 23(2).
The same procedure shall be used to fix the product categories
and the amounts of aid referred to in paragraph 1 of this
Article, and to review, where necessary,
the maximum
quantities referred to in paragraphs 2 and 3 thereof.

(1) Council Regulation (EC) No 2200/96 of 28 October 1996 on the
common organisation of the market in fruit and vegetables (OJ
L 297, 21.11.1996, p. 1). Regulation last amended by Commission
Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

Article 14

The French authorities shall present a programme to the

1.
Commission to support the pineapple sector in Martinique.

include incentives

This programme shall
to improve the
conditions in which pineapple is produced, marketed and
processed, to restructure and improve the competitiveness of
the sector, and to ensure the survival of small farms. Pineapple
produced in Martinique shall not qualify for aid granted under
Article 13.

The French authorities shall present draft programmes to
2.
to run for no more than five years,
the Commission,
accompanied by a report on the implementation of
the
previous programme. The Commission shall approve them in
accordance with the procedure laid down in Article 23(2).

Article 15

Aid shall be granted for

the conclusion of annual
1.
contracts concerning the disposal and marketing of
the
products specified in Article 12(1). This aid shall be paid up to
a limit of a volume of trade of 3 000 tonnes per product per
year and per department.

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The contracts shall be concluded between individual producers
or producer organisations as referred to in Articles 11, 13 and
14 of Regulation (EC) No 2200/96 and natural or legal
persons established in the rest of the Community.

producers for whom the competent bodies to be determined
by the Member State have drawn up a delivery note to the
processing industry.

The amount of the aid shall be 10 % of the value of the

2.
production marketed, free at destination.

3.
The aid shall be granted to purchasers who undertake to
market the overseas department products under the contracts
referred to in paragraph 1.

legal persons established in the rest of

4. Where the measures provided for in paragraph 1 are
undertaken by joint ventures constituted, with the aim of
marketing products harvested in the FOD, by producers or
producer groups or associations in those departments and
natural or
the
Community, and where the partners undertake to pool the
knowledge and know-how required to achieve the objective of
the joint venture over a minimum period of three years, the
amount of the aid specified in paragraph 2 shall be increased
to 13 % of
the annual production marketed
jointly.

the value of

2.
The amount of the aid shall be determined on the basis
of distance and other objective criteria relating to transport. It
may not exceed half of the transport costs per tonne fixed on
a flat-rate basis by the French authorities in each department.

Article 17

1.
Aid shall be granted for the direct processing of sugar
cane produced in the FOD into sugar syrup or agricultural
rum as defined in Article 1(4)(a)(2) of Regulation (EEC) No
1576/89 (1).

The aid shall be paid to the manufacturer of sugar syrup or to
the distiller on condition that
they pay the sugar cane
producer a minimum price, to be determined.

2.

The aid shall be paid:

The aid provided for in this Article shall also be paid, on

5.
the terms laid down in paragraphs 1 to 4, in respect of:

(cid:151) in the case of sugar syrup, up to a limit of an annual

quantity of 250 tonnes,

(cid:151) products processed from fruit or vegetables harvested in

the FOD,

(cid:151) in the case of agricultural rum, up to a limit of an overall

quantity of 75 600 hectolitres of pure alcohol.

(cid:151) essential geranium and vetiver oils falling within CN codes

3301 21 and 3301 26 respectively,

(cid:151) dried (black) vanilla falling within CN code ex 0905 00 00
and vanilla extracts falling within CN code 3301 90 90,

for which annual disposal and marketing contracts have been
concluded.

Article 18

Detailed rules for applying this Chapter shall be adopted and
the amount of aid and the minimum price referred to in
Article 17(1) shall be fixed in accordance with the procedure
referred to in Article 23(2).

However,

6.
ex 0807 19 00 and pineapples
ex 0804 30 00, aid may be granted in a department
quantity exceeding 3 000 tonnes provided that
volume eligible for aid for all the FOD is not exceeded.

in respect of melons falling within CN code
falling within CN code
for a
the total

Detailed rules for applying this Article shall be adopted

7.
in accordance with the procedure referred to in Article 23(2).

CHAPTER IV

SUGAR AND THE CANE-SUGAR-RUM SECTOR

Article 16

1.
harvested to the

Aid for the transport of cane from the fields where it is
shall be granted to

reception centres

CHAPTER V

GRAPHIC SYMBOL

Article 19

1.
The conditions for using the graphic symbol introduced
with a view to ensuring greater awareness and consumption of
quality agricultural products, whether natural or processed,
specific to the FOD as outermost regions, shall be proposed by
the professional organisations. The French authorities shall
forward such proposals, with their opinion, to the Commission
for approval.

(1) Council Regulation (EEC) No 1576/89 of 29 May 1989 laying
down general rules on the definition, description and presentation
of spirit drinks (OJ L 160, 12.6.1989, p. 1). Regulation as last
amended by Regulation (EC) No 3378/94 of
the European
Parliament and of the Council (OJ L 366, 31.12.1994, p. 1).

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Use of the symbol shall be monitored by an official authority
or a body approved by the competent French authorities.

small economic size to be defined in the programming
complement referred to in Article 19(4) of Regulation (EC) No
1260/1999.

2.
Detailed rules for applying this Article shall be adopted
as necessary in accordance with the procedure referred to in
Article 23(2).

TITLE III

PLANT-HEALTH MEASURES

Article 20

1.
The French authorities shall submit programmes to the
Commission 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 regional
situation.

3.
The financial participation of the Community and the
amount of the aid shall be decided in accordance with the
procedure laid down Article 23(2). The measures eligible for
Community financing shall be defined in accordance with the
same procedure.

4.
Such participation may cover up to 60 % of the eligible
shall be made on the basis of
expenditure. Payment
documentation supplied by the French authorities. If necessary,
investigations may be organised by the Commission and
conducted on its behalf by experts as referred to in Article 21
of Directive 2000/29/EC (1).

TITLE IV

STRUCTURAL DEROGATIONS

Article 21

Notwithstanding Article 7 of Regulation (EC) No
1.
the aid,
1257/1999 of 17 May 1999,
eligible
expressed as
investments, shall not exceed 75 % for investments intended in
particular to encourage diversification, restructuring or a shift
towards sustainable agriculture on agricultural holdings of

the total value of
volume of

a percentage of

the

the

against

(1) Council Directive 2000/29/EC of 8 May 2000 on protective
measures
introduction into the Community of
organisms harmful to plants or plant products and against their
spread within the Community (OJ L 169, 10.7.2000, p. 1).
Directive as last amended by Commission Directive 2001/33/EC
(OJ L 127, 9.5.2001, p. 42).

investments

the total value of

2.
Notwithstanding Article 28(2) of Regulation (EC) No
the aid, expressed as a
1257/1999,
percentage of the volume of eligible investments, shall not
exceed 65 % for
engaged in
processing and marketing agricultural products consisting
local produce in sectors to be defined in the
mainly of
programming complement
referred to in Article 19(4) of
Regulation (EC) No 1260/1999. The total value of the aid for
small
same
and medium-sized
conditions, shall not exceed 75 %.

in enterprises

enterprises,

under

the

The

restriction provided for

3.
in Article 29(3) of
Regulation (EC) No 1257/1999 shall not apply to tropical
forests and wooded areas located in the territory of the FOD.

the

Notwithstanding

4.
second
third
subparagraph of Article 47(2) of Regulation (EC) No
1257/1999,
the
agri-environmental measures provided for in Articles 22, 23
and 24 of that Regulation shall amount to 85 %.

contribution

Community

indent

the

the

to

of

A summary description of the measures planned under
5.
included in single programming
this Article
documents for the FOD, as referred to in Article 19 of
Regulation (EC) No 1260/1999.

shall be

TITLE V

GENERAL AND FINAL PROVISIONS

Article 22

The measures necessary for
Regulation shall
management procedure referred to in Article 23(2).

this
in accordance with the

the implementation of

adopted

be

Article 23

1.
The Commission shall be assisted by the Management
Committee for Cereals established by Article 22 of Regulation
(EEC) No 1766/92, or by the management committees
established by
common
organisation of the market for the products concerned.

regulations on the

the other

In the case of agricultural products covered by Regulation
(EEC) No 827/68 (2) and products not covered by a common
organisation of the markets, the Commission shall be assisted

(2) Regulation (EEC) No 827/68 of the Council of 28 June 1968 on
the common organisation of the market in certain products listed
in Annex II to the Treaty (OJ L 151, 30.6.1968, p. 16). Regulation
as last amended by Commission Regulation (EC) No 3290/94 (OJ
L 349, 31.12.1994, p. 105).

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by the Management Committee for Hops established by Article
20 of Regulation (EEC) No 1696/71 (1).

Article 26

In the case of the graphic symbol and other cases provided for
in this Regulation, the Commission shall be assisted by the
Management Committee
and Vegetables
Fresh Fruit
established by Regulation (EC) No 2200/96.

for

For the purposes of implementing Title III, the Commission
shall be assisted by the Standing Committee on Plant Health
established by Decision 76/894/EEC (2).

For the purposes of implementing Title IV, the Commission
shall be assisted by the Committee for the Development and
Conversion of Regions and by the Committee on Agricultural
Structures and Rural Development, established by Article 48
and by Article 50 respectively of Regulation (EC) No
1260/1999.

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply.

The Member States shall take the measures necessary to ensure
regards
compliance with this Regulation,
controls and administrative penalties, and shall
inform the
Commission thereof.

in particular as

The detailed rules for applying this Article shall be adopted by
the procedure provided for in Article 23(2).

Article 27

France shall present an annual report to the Commission
1.
on the implementation of the measures provided for in this
Regulation.

No later than at the end of the fifth year of application
2.
of the system, the Commission shall submit a general report to
Parliament and the Council showing the impact of the action
taken under this Regulation, accompanied if applicable by
appropriate proposals.

However, in the case of Title III, the procedure laid down in
Article 18 of Directive 2000/29/EC shall apply.

Article 28

The period provided for
1999/468/EC shall be one month.

in Article 4(3) of Decision

3.

The Committees shall adopt their rules of procedure.

Article 24

For the agricultural products covered by Annex I to the Treaty
establishing the European Community, to which Articles 87,
the Commission may authorise
88 and 89 thereof apply,
operating aid in the
sectors producing, processing and
marketing those products, with a view to mitigating the
specific constraints on farming in the FOD as a result of their
remoteness, insularity and outermost location.

Article 25

The measures provided for in this Regulation, except
for
Article 21, shall constitute intervention intended to stabilise
the agricultural markets within the meaning of Article 2(2) of
Regulation (EC) No 1258/1999 (3).

(1) Council Regulation (EEC) No 1696/71 of 26 July 1971 on the
common organisation of the market in hops (OJ L 175, 4.8.1971,
p. 1). Regulation as last amended by Regulation (EC) No 191/2000
(OJ L 23, 28.1.2000, p. 4).

(2) Council Decision 76/894/EEC of 23 November 1976 establishing a
Standing Committee on Plant Health (OJ L 340, 9.12.1976, p. 25).
(3) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the
financing of the common agricultural policy (OJ L 160, 26.6.1999,
p. 103).

Regulation (EEC) No 3763/91 is hereby repealed. References to
Regulation (EEC) No 3763/91 shall be construed as references
to this Regulation and should be read in accordance with the
correlation table in Annex II.

Regulation (EEC) No 525/77 is hereby repealed as from the
2002/2003 marketing year.

The Commission may, in accordance with the procedure laid
down in Article 23(2), adopt
the necessary transitional
measures to ensure a smooth passage from the system in force
during the year 2000 or the 2000/2001 marketing year to the
introduced by this
system resulting from the measures
Regulation.
In the case of an extension to the existing
measures, it shall ensure the necessary continuity.

Article 29

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

It shall apply from the date of its entry into force. However,

(cid:151) Article 10 shall apply as from 1 January 2001;

(cid:151) Article 11 shall apply as from 1 January 2001;

(cid:151) Article 16 shall apply to cane harvested as from the

2001/2002 marketing year inclusive;

(cid:151) Article 21 shall apply as from 1 January 2000.

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

Done at Luxembourg, 28 June 2001

For the Council

The President

B. ROSENGREN

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ANNEX I

Products eligible for the specific supply arrangements referred to in Articles 2 and 3:

(cid:151) Cereals and cereal products intended for human consumption and animal feed

(cid:151) Hops

(cid:151) Seed potatoes

(cid:151) Vegetable oils for use in the processing industry

(cid:151) Fruit pulps, purØes and concentrated juices for processing, other than those qualifying for the aid provided for in

Article 13

(cid:151) Preparations

for animal

feed falling within CN codes 2309 90 31, 2309 90 33, 2309 90 41, 2309 90 43,

2309 90 51 and 2309 90 53 (1).

(1) For French Guiana only, until the manufacturing facilities become operational; for imported products, eligibility for exemption from

import duties shall be restricted to levies fixed under Article 11 of Regulation (EEC) No 1766/92.

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ANNEX II

Correlation table

Regulation (EEC) No 3763/91

This Regulation

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 1

Article 2(1)

Article 2(2)

Article 3(1)

Article 3(1)

First subparagraph of Article 2(4)

First subparagraph of Article 3(2)

Second subparagraph of Article 2(4)

Second subparagraph of Article 3(2)

Article 2(5)

Article 2(6)

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4)

Article 3(5)

Article 3(6)

Article 4

Article 5(1)

Article 5(1)(a)

Article 5(1)(b)

Article 5(2)(a)

Article 5(2)(b)

Article 5(2)(c)

First subparagraph of Article 5(3)

Second subparagraph of Article 5(3)

Article 3(4)

Article 3(3) and 3(6)

Annex I

Deleted

Article 5

Article 4

Article 3(6) and Article 5(2)

Deleted

Article 6

Article 9(1)

Deleted

Article 7(1)(a)

Article 7(1)(b)

Article 7(2)(a)

Article 7(2)(b)

Article 7(2)(c)

Article 7(2)(d)

Article 7(3)

Article 7(4)

Third subparagraph of Article 5(3)

Second subparagraph of Article 7(4)

Article 5(4)

Article 5(5)

Article 6

Article 7

Article 7(4)

Deleted

Article 10

Article 7

First paragraph of Article 8

First subparagraph of Article 3(5)

Second paragraph of Article 8

Second subparagraph of Article 3(5)

Third paragraph of Article 8

Third subparagraph of Article 3(5)

Fourth paragraph of Article 8

Article 3(6)

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Regulation (EEC) No 3763/91

This Regulation

Article 9

Article 9a

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 22a

Article 23

Article 24

Annex

Deleted

Article 11

Article 8

Article 20

Deleted

Article 12

Article 13

Article 14

Article 15

Deleted

Article 16

Article 17

Article 18

Article 19

Article 21

Article 24

Article 25

Article 22 and 23

Article 26

Article 27

Article 28

Article 29

Annex I

Annex II