Council Regulation (EC) No 1453/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima)
Date: 2001-06-28
Institutions: Council of the European Union
Subjects: Azores, Madeira, agricultural product, aid to agriculture, peripheral region, supply

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COUNCIL REGULATION (EC) No 1453/2001

of 28 June 2001

introducing specific measures for certain agricultural products for the Azores and Madeira and
repealing Regulation (EEC) No 1600/92 (Poseima)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

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

Having regard to the proposal from the Commission,

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

Whereas:

(1)

(2)

the outermost

from the advantages of

regions. The purpose of

By Decision 91/315/EEC (2)
the Council adopted a
programme of options
specific to the remote and
insular nature of Madeira and the Azores (Poseima) in
accordance with the Community’s policy of assistance
for
the
programme is to facilitate the economic and social
those regions and enable them to
development of
benefit
the single market of
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
in particular to improve the conditions in
adopted,
which agricultural products are produced and marketed
there and to mitigate the effects of their exceptional
geographical
since
and
recognised in Article 299(2) of the Treaty.

constraints

situation

as

for

inputs.

human

products

constraints

consumption,

The particular geographical situation of Madeira and the
Azores imposes additional transport costs in supplying
for
essential
processing and as agricultural
In addition,
objective factors arising as a result of insularity impose
further
and
producers in these islands that severely handicap their
activities. These handicaps can be alleviated by lowering
the price of
is therefore
these essential products.
appropriate to introduce specific supply arrangements
to guarantee supply to these islands and compensate for
remoteness,
the additional costs arising from their
insularity and outermost location.

economic

operators

on

It

(4)

(5)

(6)

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. To
take account of their origin and the customs treatment
accorded to them under the Community provisions,
products which have entered the Community’s customs
processing
territory
customs
inward
under
warehousing arrangements
should be considered as
direct imports, for the purpose of granting the benefits
of the specific supply arrangements.

or

the

insularity and outermost

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

and products

of

the

specific

products

economic

advantages of

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

Re-dispatching

concerned.

subject

the

specific

economic

advantages of

The
supply
arrangements should be passed on so as to reduce
production costs and bring down prices throughout the
production and distribution chain to the end user,
culminating in lower consumer prices. They should
therefore be granted only on condition that they are
actually passed on, and monitoring must be carried out
to that end.

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

(7)

Official Journal).

(2) OJ L 171, 29.6.1991, p. 10.

The area aid scheme for fruit and edible vegetables,
flowers and live plants has proved
roots and tubers,
the slowness and
unsuitable, especially because of

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complexity of procedures and the way the proposed aid
was structured. Lessons should be learned from the
encouraging results of
the Poseidom reform in that
sector, and marketing and processing aid should be
envisaged with a view to supplying the market
in
Madeira and the Azores. Such aid should help local
produce compete with products from elsewhere on
high-growth markets, better satisfy the requirements of
consumers and new distribution channels, improve the
productivity of
farms and upgrade the quality of
products. The marketing of these products, both fresh
and processed, should be continued and they should be
promoted on the Community market. An economic
study of each region will help to refine the structure of
the sector in these two regions.

(8)

is essential,

for both economic and environmental
It
reasons, to keep vines, the most widespread crop, on
Madeira. In order to help support domestic production,
a flat-rate area aid is granted for the cultivation of vines
for producing quality wines produced in specified
regions. That aid also applies in the Azores.

(9)

Likewise, market
and
abandonment premiums do not apply in these two
regions.

regulation mechanisms

(10) Agricultural producers

in the Azores and Madeira
should be encouraged to supply quality products and
the marketing of these should be assisted. Using the
Community’s graphic symbol might help achieve this.

(11)

farming

activities

involving

to help meet

should be
Traditional
livestock
supported in Madeira in order
local
consumption needs. To that end, derogations are needed
from some of the provisions of the 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
programmes
the purchase of pure-bred
breeding animals, by purchasing commercial breeds
more suited to local conditions and by supplementing
the suckler cow premium and the slaughter premium,
and, pending the development of
livestock
farming, temporary provision should be made for the
supply of male animals for fattening, the number of
such animals to be supplied each year being limited so
as not to compromise the abovementioned objective.
The estimate of
is
drawn up in a periodic balance. To ensure that
Community support can be mobilised effectively, a
comprehensive programme to support local activities in
the livestock and milk products sectors should enable

local consumption requirements

local

sectors

concerned to define

the
and implement
for economic
strategies tailored to the local context
development, spatial organisation of production and
increasing the professionalism of producers.

(12)

(13)

(14)

(15)

(16)

In Madeira, aid for human consumption of fresh cow’s
milk products is paid to the dairies. This aid has not
succeeded in maintaining the balance between domestic
the serious
and external supply, chiefly because of
structural difficulties affecting the sector and its poor
to new economic environments.
capacity to adapt
Consequently,
in the
context of a supply balance, towards the collection of
local production linked with an authorisation to
produce reconstituted UHT milk from milk powder of
Community origin, with a view to covering local
consumption more fully.

it is planned to direct this aid,

The need to maintain local production by way of
incentives justifies not applying Regulation (EEC) No
3950/92 (1). This exemption should be established
within the limit of 4 000 tonnes, corresponding to the
current production of 2 000 tonnes and to a reasonable
possibility of increased production estimated at present
at a maximum of 2 000 tonnes.

in Madeira,

Potato production is essential
for both
economic and social and environmental reasons. The
small size of farms and the cost of inputs make for very
high production costs. Specific aid is granted for
growing potatoes for human consumption in order to
support domestic production to satisfy the islands’
consumption patterns.

The aid for the cane-sugar-rum sector in Madeira is
granted to support local production of the sugar cane
needed to manufacture the products processed from it,
within the limits of the requirements arising from the
methods traditionally used in the region.

Liqueur wines should continue to be prepared using
traditional methods in the islands by facilitating the
purchase of concentrated musts and wine alcohol
produced in the rest of the Community and by granting
aid for the ageing of such wines. To assist the efforts
made to maintain the quality and authenticity of these
products, aid should be granted for marketing them.

(17) Aid should be granted in Madeira for the production of
wicker, which is important as a supplement to farming

(1) 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 (EC) No 1256/1999 (OJ L 160, 26.6.1999,
p. 73).

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and provides a livelihood for family craft businesses in
the most disadvantaged areas of the islands.

(18)

and

difficulties

Technical
have
socio-economic
prevented the full conversion, on time, of areas planted
with hybrid vine varieties prohibited by the common
organisation of the market in wine. The wine produced
by such vineyards is intended solely for traditional local
consumption; additional time will allow such vineyards
to be converted while preserving a regional economic
fabric very heavily reliant upon wine-growing. Portugal
should notify the Commission, each year, of
the
progress made in converting the areas concerned.

sector,

(19) Milk production and cattle farming are the mainstay of
the agricultural economy of the Azores, and support for
the sector should take account of the crucial importance
of these activities in both social and economic terms,
especially for small farmers. To ensure the survival of
traditional activity in this
the suckler cow
premium and the aid for dairy cows should continue to
be supplemented, within the limit of the available local
quota. A supplement to the slaughter premium should
be introduced and aid granted for
the disposal of
surplus male bovines for which no normal outlets can
be found in the islands and which must be shipped to
the rest of the Community at considerable additional
cost, given the particular geographical situation of the
region. To ensure that Community support can be
mobilised effectively, a comprehensive programme to
support
in the livestock and milk
products sectors should enable the sectors concerned to
define and implement strategies tailored to the local
context for economic development, spatial organisation
of production and increasing the professionalism of
producers.

local activities

viable

absence of

alternative production,

(20) Agricultural activity in the Azores is highly dependent
on milk production. This dependence, combined with
other handicaps linked to their outermost location and
the
is
detrimental to their economic development. The needs
of local consumption in those islands covered by local
production should be taken into account and some of
the provisions of the common market organisation for
milk and milk products on limiting output should be
derogated from for a period of four marketing years
beginning in 1999/2000 in order to take account of the
level of development of and the conditions for local
production. Although this measure derogates from the
second subparagraph of Article 34(2) of the Treaty, it is
restricted to milk producers in the Azores and is of
marginal economic impact when compared with the
total quota for Portugal. It should enable the sector in

the Azores to continue being restructured over the
period of application of this measure without interfering
with the milk market and without appreciably affecting
the sound working of the levy scheme at Portuguese or
Community level.

(21) With regard to crop cultivation in the Azores, the small
cultivatable area, the small size and fragmentation of
farms and the extensive nature of production all make
for high production costs. It is vital that these crops
(beet, chicory, potatoes, tobacco, pineapples, wine, tea,
etc.) continue to be cultivated as an alternative to
counterbalance the predominance of livestock farming,
the aid granted to the local
and to ensure this
processing industry should be continued.

(22)

Furthermore, the making of liqueur wines in the Azores
by traditional methods should be continued, by granting
aid for the ageing of (cid:145)verdelho(cid:146) wine.

(23)

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

The
Community’s
such programmes

Programmes

applied

should

there.

(24)

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.

(25)

This Regulation seeks to remedy the handicaps due to
the remote and insular nature of these regions.

(26)

structures of

The
certain agricultural holdings or
processing and marketing enterprises located in these
regions 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.

(27) 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

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

for rural development

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located in these

and associations thereof. Part of the forests and wooded
regions belong to public
areas
authorities other
these
circumstances,
the conditions laid down in the said
Article should be made more flexible.

than municipalities. Under

(28)

The Community financial contribution for three of the
accompanying measures referred to in Article 35(1) of
Regulation (EC) No 1257/1999 may amount
in the
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,
should be limited to 75 % for all areas covered by
In view of the importance attributed to
Objective 1.
rural
the
agri-environment within
the Community financial
the rate of
development,
contribution
all
for
be
should
accompanying measures in the outermost regions.

harmonised

context

of

(29) Article 24(2) of Regulation (EC) No 1257/1999 and the
Annex thereto determine the maximum amounts per
year eligible for Community agri-environmental aid. To
take into account the specific environmental situation of
certain very sensitive pasture areas in the Azores and
the
the preservation of
and traditional
land, in particular the areas of
features of agricultural
terrace cultivation in Madeira, provision should be made
for
in the case of certain specific
measures, of increasing those amounts up to twofold.

the possibility,

landscape

(30)

plan,

programme

Community

each
operational

to Article 14 of Regulation (EC) No
Pursuant
1260/1999 (1),
support
single
framework,
programming document should cover a period of seven
years, and the programming period should begin on 1
January 2000. In the interests of cohesiveness and to
avoid discrimination between beneficiaries of the same
in this
programme,
Regulation should, exceptionally, be applicable to the
whole programming period.

the derogations provided for

and

(31) 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 Azores and Madeira as a result of
their
remoteness,
location, small
area, mountainous terrain, climate and their economic
dependency on a small number of products.

insularity and outermost

(32)

The measures necessary for the implementation of this
Regulation 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 (2),

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down specific measures to remedy the
difficulties caused by the remoteness, insularity and outermost
location of
the Azores and Madeira in respect of certain
agricultural products.

TITLE I

SPECIFIC SUPPLY ARRANGEMENTS

Article 2

Specific supply arrangements are hereby introduced for the
agricultural products
to this
Regulation, which are essential for human consumption, for
processing and as agricultural
in the Azores and
Madeira.

listed in Annexes

I and II

inputs

A forecast supply balance shall be drawn up stating the
quantity of the agricultural products listed in Annexes I and II
needed to meet supply requirements each year. A separate
forecast balance may be drawn up for the requirements of the
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.

Article 3

No duties shall apply to direct imports into the Azores
1.
and Madeira of products covered by the specific supply
arrangements if they originate in third countries, within the
limit of the quantities determined in the supply balance.

Products which have
customs
territory under inward processing or customs warehousing
arrangements shall be considered as direct
imports for the
purposes of this Title.

entered the Community’s

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 Azores and
Madeira with Community products held in public intervention
storage or available on the Community market.

(1) 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).

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

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Such aid shall be fixed to take account of the additional cost of
transport to the Azores and Madeira 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,

accordance with the same procedure, in the light of changes in
the Azores’ and Madeira’s requirements.

raw sugar

sugar beet. The quantities

When determining the Azores’
requirements,
account shall be taken of the development of local production
supply
of
arrangements shall be determined so as to ensure that the total
volume of sugar refined in the Azores each year does not
exceed 10 000 tonnes.

covered by

the

(cid:151) the specific requirements of the Azores and Madeira and,
intended for processing and

in the case of products
agricultural inputs, the specific quality requirements,

Article 9 of Regulation (EEC) No 2038/1999 (1) shall not
apply to the Azores.

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

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

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
the Community is
in the case of supply from the rest of
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 Azores and Madeira.

TITLE II

MEASURES TO ASSIST LOCAL PRODUCTS

CHAPTER I

MEASURES COMMON TO BOTH REGIONS

SECTION 1

Livestock

Article 4

Where the products concerned are processed in the Azores or
Madeira, the aforesaid prohibition shall not apply to exports of
the processed products from the Azores or Madeira to third
countries, in accordance with the conditions laid down by the
Commission under the procedure referred to in Article 35(2).

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

excluding pure-bred bovine animals

Where the products concerned are processed in the Azores or
Madeira, the aforesaid prohibition shall not apply to traditional
shipments of
the
Community.

the processed products

to the rest of

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 35(2).
These shall include:

(cid:151) the fixing of aid for

supply from the rest of

the

Community,

(cid:151) provisions

to ensure that

the advantages granted are

actually passed on to the end user,

in particular, of

the supply requirements of

The terms for granting aid shall be laid down taking
2.
account,
the
Azores and Madeira 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.

The following shall be taken into account when aid is

3.
being fixed:

(cid:151) the conditions and in particular the costs of supply to the
Azores and Madeira 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) introduction if necessary of a system of import or delivery

licences.

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

The Commission shall draw up supply balances in accordance
with the procedure referred to in Article 35(2). It may revise
those balances, and the list of products in Annexes I and II, in

(1) Council Regulation (EEC) No 2038/1999 of 13 September 1999
on the common organisation of the markets in sugar (OJ L 252,
25.9.1999, p. 1). Regulation as last amended by Commission
Regulation (EC) No 907/2001 (OJ L 127, 9.5.2001, p. 28).

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

4.
aid under paragraph 1 of this Article.

5.
The list of products covered, the level of the aid referred
to in paragraph 1 of this Article and the detailed rules for
applying this Article shall be adopted in accordance with the
procedure referred to in Article 35(2).

SECTION 2

Fruit, vegetables, plants and flowers

Article 5

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, tea falling within CN code 0902,
honey falling within CN code 0409 00 and fruits of the genus
Capsicum and the genus Pimenta falling within CN code 0904,
harvested or produced locally and intended to supply the
markets of the respective production regions. This aid shall not
be granted for bananas grown in Madeira.

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

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

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.

This Article shall not apply to pineapples produced in

2.
the Azores.

(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 Regulation
(EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

3.
Detailed rules for applying this Article shall be adopted
in accordance with the procedure referred to in Article 35(2).
The product categories and amounts of aid referred to in
paragraph 1 shall be fixed in accordance with the same
procedure.

Article 6

the conclusion of annual
Aid shall be granted for
1.
contracts concerning the marketing of
fresh and processed
products included in the products referred to in Article 5(1). In
the case of plants and flowers, aid shall not be subject to the
conclusion of an annual contract.

This aid shall be paid up to a limit of a volume of 3 000
tonnes per product per year for each of the two regions.

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

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 sellers who have concluded a
contract as referred to in paragraph 1 with an operator
established in the rest of the Community.

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 produce from the regions concerned, by producers
or producer organisations or associations in those regions 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

Detailed rules for applying this Article shall be adopted

5.
in accordance with the procedure referred to in Article 35(2).

Article 7

The Community shall contribute up to a maximum of
1.
EUR 100 000 towards the financing of two economic analyses
and forward studies of
the fresh and processed fruit and
vegetable sector in each of the two regions, paying particular
attention to tropical produce.

The study shall produce an economic and technical assessment
of the sector in each region. It shall pay particular attention to
supply data and processing costs and examine the conditions
and
and scope

for development

and sales

regional

at

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international level, having regard to competition on the world
market.

Article 10

Detailed rules for applying this Article shall be adopted

2.
in accordance with the procedure referred to in Article 35(2).

SECTION 3

Wine

Article 8

1.
Notwithstanding Article 19(1) of Regulation (EC) No
1493/1999, grapes from prohibited direct-producer hybrid
vine varieties (Noah, Othello,
Jacquez, Clinton and
Herbemont) harvested in the Azores and Madeira may be used
for the production of wine which must remain within those
regions.

Isabelle,

By 31 December 2006 Portugal shall have gradually
2.
eliminated vineyards planted with prohibited direct-producer
hybrid vine varieties, with, where appropriate,
the support
provided for in Chapter III, Title II, of Regulation (EC) No
1493/1999.

Chapter II of Title II and Chapters I and II of Title III of
Regulation (EC) No 1493/1999 (1)
III of
Regulation (EC) No 1227/2000 (2), shall not apply to the
Azores and Madeira.

and Chapter

3.
Portugal shall notify the Commission, each year, of the
progress made in converting and restructuring areas planted
with prohibited direct-producer hybrid vine varieties.

Article 9

1.
A flat-rate aid per hectare shall be granted for the
continued cultivation of vines for the production of quality
wines psr in the traditional production zones.

The following areas shall be eligible for aid:

(a) areas planted to vine varieties included among the varieties
classified by the Member States as being suitable for the
production of each of the quality wines psr produced in
their territory, as referred to in Article 19 of Regulation
(EC) No 1493/1999, and

(b) areas where the yield per hectare is

than a
maximum to be fixed by the Member State, expressed as
quantities of grapes, grape musts or wine, under the terms
of Annex VI(I) to Regulation (EC) No 1493/1999.

lower

2.
The amount of the aid shall be EUR 650 per hectare per
year. The aid shall be paid to producer groups or their
the aid shall also be granted to
associations. However,
individual producers during a transitional period. During that
period, all the aid shall be paid through the Wine Institute of
Madeira and the Wine-growing Commission of the Azores, in
accordance with rules to be laid down in accordance with the
procedure referred to in Article 35(2).

3.
Detailed rules for applying this Article shall be adopted
as necessary in accordance with the procedure referred to in
Article 35(2).

(1) Council Regulation (EC) No 1493/1999 of 17 May 1999 on the
common organisation of
(OJ L 179,
the market
14.7.1999, p. 1). Regulation as last amended by Regulation (EC)
No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

in wine

down

(2) Commission Regulation (EC) No 1227/2000 of 31 May 2000
of
rules
common
regards production

laying
Council Regulation (EC) No 1493/1999 on the
organisation of
potential (OJ L 143, 16.6.2000, p. 1).

in wine, as

the market

application

detailed

the

for

SECTION 4

Graphic symbol

Article 11

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 Azores and Madeira as outermost regions, shall
be proposed by the professional organisations. The Portuguese
authorities shall forward such proposals, with their opinion, to
the Commission for approval.

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

2.
Detailed rules for applying this Article shall be adopted
as necessary in accordance with the procedure referred to in
Article 35(2).

CHAPTER II

MEASURES TO ASSIST LOCAL PRODUCTS IN MADEIRA

SECTION 1

Livestock and milk products

Article 12

1.
Until the local numbers of young male bovines reach a
level sufficient to maintain traditional beef production, and
within the limit of the balance referred to in Article 12:

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(a)

the customs duties referred to in Article 30 of Regulation
(EC) No 1254/1999 (1) shall not be applied to imports of
bovine animals from third countries for on-site fattening
and consumption in the islands;

(c)

the national ceiling referred to in Article 11 of Regulation
slaughter
(EC) No 1254/1999 as
premium

the basic

regards

(b) aid shall be granted for the supply of animals as referred to
in (a) originating in the Community, up to a limit of 1 000
head. Priority shall be given to producers holding animals
for fattening at least 50 % of which are of local origin.

Article 3(4) and (5) shall apply to goods qualifying for the
measures referred to in the first subparagraph of this Article.

The numbers of animals qualifying for the measures
2.
referred to in paragraph 1 of this Article shall be determined
in a periodic forecast supply balance, taking account of the
development of local production. These numbers, the amount
of the aid referred to in paragraph 1(b) of this Article 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 35(2).

Article 13

this
The aid provided for in paragraphs 2 and 3 of
1.
Article 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
Madeira as assessed in the context of a periodic supply
balance. The balance shall also take account of breeding
animals supplied under Article 4 and animals covered by the
specific supply arrangements provided for in Article 12.

A supplement to the slaughter premium provided for
2.
under Article 11 of Regulation (EC) No 1254/1999 shall be
paid to producers for each locally fattened animal slaughtered.
The amount of the supplement shall be EUR 25 per head. The
supplement to the premium shall be granted annually within
the limit of 2 500 slaughtered animals.

A supplement to the premium for maintaining suckler
3.
cows 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.

4.

The provisions relating to:

(a)

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

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

(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).

shall not apply in Madeira in the case of the special premium,
the slaughter premium or the
the suckler cow premium,
supplementary premiums referred to in paragraphs 2 and 3 of
this Article.

The basic premiums and the supplementary premiums
5.
referred to in paragraph 3 shall be granted each year for a
maximum of 2 000 male bovine animals, 1 000 suckler cows
and 6 000 slaughtered animals, respectively.

6.
Detailed rules for applying this Article shall be adopted
in accordance with the procedure referred to in Article 35(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,

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

they shall provide for:

(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
Madeira for the year 2000,

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

(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 Madeira 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 5 and the number of premiums
granted for the year 2000.

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

(cid:151) the (cid:145)freezing(cid:146), within the ceiling set in Article 38(1) of
Regulation (EC) No 2342/1999 (2), 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.

(2) 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

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The Commission may review the ceilings fixed in paragraph 5
in accordance with the same procedure.

Article 14

During the period 2002(cid:151)2006, aid shall be granted to
1.
implement a comprehensive programme
the
production and marketing of local produce in the livestock
and milk products sectors in Madeira.

to support

and hygiene, marketing,

The programme may include measures to encourage improved
the
structuring,
quality
rationalisation of production and marketing structures,
local
communication relating to quality products and the provision
of technical assistance. The programme may not include the
grant of aid in addition to the premiums paid under Articles
13 and 15.

sector

The programme shall be prepared and implemented by the
authorities designated by the Member State,
competent
working in close collaboration with the most representative
producer organisations or their associations in the sectors
concerned.

2.
Detailed rules for applying this Article shall be laid down
in accordance with the procedure referred to in Article 35(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 35(2).

Each year

the Portuguese authorities shall present a
3.
report on implementation of the programme. Before the end
of 2005,
to the European
Parliament and to the Council an evaluation report on the
application of
referred to in this Article,
accompanied if applicable by appropriate proposals.

the Commission shall

the measure

submit

Article 15

The aid provided for in paragraph 2 below shall be
1.
granted to assist
traditional activities connected with cow’s
milk production and measures to improve product quality,
the consumption needs of Madeira as
within the limits of
assessed in the context of a periodic supply balance. The
balance shall take account of the milk products covered by the
supply arrangements referred to in Article 2.

2.
Aid shall be granted for the human consumption of
locally produced fresh cow’s milk products, within the limits of
the consumption needs of Madeira as assessed periodically.

The amount of the aid shall be EUR 12/100 kg of whole milk
delivered to a dairy in order to ensure the regular disposal of
the aforementioned products on the local market. The aid shall
be paid to the dairies.

The additional

3.
levy scheme applicable to producers of
cow’s milk provided for in Regulation (EEC) No 3950/92 (1)
shall not apply in Madeira, within the limit of local production
of 4 000 tonnes of milk.

Notwithstanding Articles 2 and 3 of Regulation (EC) No
4.
2597/97 (2),
the production in Madeira of UHT milk
reconstituted from milk powder originating in the Community
local consumption
shall be authorised within the limits of
locally
requirements,
produced milk is collected and finds outlets. This product shall
be intended for local consumption only.

insofar as this measure ensures that

5.
The Commission shall review the aid referred to in
this Article and adopt detailed rules for
paragraph 2 of
applying this Article in accordance with the procedure referred
to in Article 35(2). The detailed rules shall determine,
in
particular, the quantity of locally produced fresh milk to be
incorporated into the reconstituted UHT milk referred to in
paragraph 4 of this Article.

SECTION 2

Potatoes

Article 16

1.
Aid per hectare shall be granted for the cultivation of
potatoes for human consumption falling within CN codes
0701 90 50 and 0701 90 90.

The annual amount of the aid shall be EUR 596,9 per hectare
per year.

The aid shall be paid up to a limit of 2 000 hectares cultivated
and harvested per year.

Detailed rules for applying this Article shall be adopted

2.
in accordance with the procedure referred to in Article 35(2).

SECTION 3

Cane-sugar-rum

Article 17

Flat-rate area aid shall be granted each year to sugar-cane

1.
growers.

(1) 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
Regulation (EC) No 1256/1999 (OJ L 160, 26.6.1999, p. 73).
(2) Council Regulation (EC) No 2597/97 of 18 December 1997 laying
down additional rules on the common organisation of the market
in milk and milk products
for drinking milk (OJ L 351,
23.12.1997, p. 13).

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2.
The amount of the aid shall be EUR 500 per hectare
planted and harvested per year. The aid shall be paid for up to
100 hectares.

(b) the price of products on the Community market and on

the world market;

Article 18

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

The aid shall be paid to manufacturers of sugar syrup or to
distillers on condition that
they have paid the sugar cane
producer a minimum price, to be determined.

2.
The aid shall be granted for the production of an annual
quantity of 250 tonnes of sugar syrup and 2 500 hectolitres of
alcohol at 71,8(cid:176) in the case of agricultural rum.

(c)

the economic aspect of the proposed aid.

No refund shall be granted on exports from Madeira of musts
and wine alcohol.

5.
Aid shall be granted for the ageing of Madeira liqueur
wines up to a maximum of 20 000 hectolitres each year. The
aid shall be paid for liqueur wines which require five years’
ageing or more.
It shall be paid for each lot during three
marketing years.

The amount of the aid shall be EUR 0,040 per hectolitre per
day.

Temporary aid shall be granted each year

6.
the
shipment of Madeira wine and its marketing on Community
markets.

for

Article 19

The aid shall amount to EUR 0,2 per bottle, up to a limit of
2,5 million litres per year.

The amount of the aid provided for in Articles 17 and 18, the
minimum price to be paid to producers and the detailed rules
for applying the above Articles shall be adopted in accordance
with the procedure referred to in Article 35(2).

Detailed rules for applying this Article shall be adopted

7.
in accordance with the procedure referred to in Article 35(2).

SECTION 4

Wine

Article 20

The aid provided for in this Article shall be granted to
the preparation of Madeira liqueur wines within the
from the methods

1.
assist
limits of
requirements
traditionally used in the region.

arising

the

SECTION 5

Wicker

Article 21

Flat-rate area aid shall be granted each year to wicker

1.
growers.

The amount of the aid shall be EUR 575 per hectare of

2.
area planted and harvested, up to a limit of 200 hectares.

Detailed rules for applying this Article shall be adopted

3.
in accordance with the procedure referred to in Article 35(2).

2.
Aid shall be granted to purchase rectified concentrated
musts in the rest of the Community for use in wine-making to
sweeten the liqueur wines concerned.

CHAPTER III

3.

Aid shall be granted for the purchase of wine alcohol.

MEASURES TO ASSIST LOCAL PRODUCTS

Terms for this specific outlet shall be laid down to ensure that
the markets for alcohol and spirit drinks in the Community are
not disturbed.

The following shall be taken into account when the

4.
amount of aid is being fixed:

SECTION 1

Livestock and milk products in the Azores

Article 22

(a)

the conditions and in particular the costs of supply to
Madeira resulting from its geographical situation;

1.
The aid provided for in this Article shall be granted to
support essential traditional economic activities in the beef and
veal and milk sectors in the Azores.

(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).

2.
A supplement to the slaughter premium provided for in
Article 11 of Regulation (EC) No 1254/1999 shall be paid to
producers for each animal slaughtered. The amount of the
supplement shall be EUR 25 per head.

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3.
A supplement to the premium for maintaining suckler
in Article 6 of Regulation (EC) No
cows provided for
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.

4.

The provisions relating to:

(a)

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

(b) the national ceiling referred to in Article 11 of Regulation
slaughter

the basic

regards

(EC) No 1254/1989 as
premium;

shall not apply in the Azores in the case of
premium,
premium referred to in paragraph 2 of this Article.

slaughter premium or

the

the

the special
supplementary

5.
The basic and supplementary premiums referred to in
paragraph 2 shall be granted each year for a maximum of
40 000 male bovine animals and 33 000 slaughtered animals,
respectively.

6.
Detailed rules for applying this Article shall be adopted
in accordance with the procedure referred to in Article 35(2).
They shall cover any reviews to take account of changing
requirements and shall provide for:

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

(cid:151) the (cid:145)freezing(cid:146), within the regional ceiling set in Article
4 of Regulation (EC) No 1254/2000, of the number of
animals for which the special premium was granted in
the Azores for the year 2000,

(b) as regards the slaughter premium:

(cid:151) the (cid:145)freezing(cid:146), within the ceiling set in Article 38(5) of
Regulation (EC) No 2342/2000, of
the number of
animals for which the slaughter premium was granted
for the year 2000.

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

The Commission may review the ceilings fixed in paragraph 5
in accordance with the same procedure.

A specific premium shall be granted to maintain the

7.
dairy herd, up to a maximum of 78 000 head.

The premium shall be paid to producers. The amount of this
premium shall be EUR 96,6 per cow held by the producer on
the day on which the application is submitted.

8.
Aid shall be granted for
traditionally manufactured cheeses:

the private

storage of

(cid:151) S. Jorge, at least three months old,

(cid:151) Ilha, at least 45 days old.

The amount of the aid shall be fixed in accordance with the
procedure referred to in paragraph 10.

Aid shall be introduced to dispose of young male bovine
the

9.
animals born in the Azores
Community.

regions of

in other

The aid shall amount to EUR 40 per head shipped, and shall
be granted for up to 20 000 animals to producers who have
kept those animals for at least three months before shipment.

10.
Detailed rules for applying this Article shall be adopted,
as appropriate, in accordance with the procedure referred to in
Article 35(2).

Article 23

For a transitional period covering the 1999/2000,
1.
2000/01, 2001/02 and 2002/03 marketing years,
for the
purposes of sharing the additional levy between the producers
referred to in the second sentence of Article 2(1) of Regulation
(EEC) No 3950/92, only producers as defined in Article 9(c) of
that Regulation, established and producing in the Azores, who
market quantities exceeding their reference quantity increased
by the percentage referred to in the third subparagraph of this
paragraph shall be deemed to have contributed to the overrun.

The additional
levy shall be due on quantities exceeding the
increased reference quantity after reallocation of the unused
increase
quantities within the margin resulting from this
among the producers referred to in the first subparagraph and
in proportion to the reference quantity available to each
producer.

The percentage referred to in the first subparagraph shall be
equal to the ratio between the quantity of 73 000 tonnes and
the total of the reference quantities available on each holding
on 31 March 2000. It shall apply for each producer only to
the reference quantities available to that producer on 31
March 2000.

2.
The quantities of milk or milk equivalent marketed
which exceed the reference quantities but which comply with
the percentage referred to in paragraph 1 of this Article, after
the reallocation referred to in that same paragraph, shall not
be taken into account in establishing any overrun in Portugal
as calculated in accordance with the first sentence of Article
2(1) of Regulation (EEC) No 3950/92.

Article 24

Prior to their entry into force, the Portuguese Republic
1.
shall notify the Commission of measures taken pursuant to
Article 23.

Article 25

In accordance with the procedure provided for in Article
the

1.
35(2),
measures necessary for the application of Article 23.

the Commission shall, where necessary, adopt

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Article 26

The amount of the aid shall be EUR 800 per hectare sown and
harvested.

During the period 2002(cid:151)2006, aid shall be granted to
1.
implement a comprehensive programme
the
production and marketing of local produce in the livestock
and milk products sector in the Azores.

to support

The programme may include measures to encourage improved
quality and hygiene, marketing, local communication relating
to quality products and the provision of technical assistance.
The programme may not
include the granting of aid in
addition to the premiums paid under Article 22.

The programme shall be prepared and implemented by the
competent
authorities designated by the Member State,
working in close collaboration with the most representative
producer organisations or their associations in the sectors
concerned.

2.
Detailed rules for applying this Article shall be laid down
in accordance with the procedure referred to in Article 35(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 35(2).

Each year

3.
the Portuguese authorities shall present a
report on implementation of the programme. Before the end
of 2005,
to the European
Parliament and to the Council an evaluation report on the
application of
referred to in this Article,
accompanied if applicable by appropriate proposals.

the Commission shall

the measure

submit

SECTION 2

Pineapples

Article 27

Specific aid shall be granted to process

2.
sugar beet
harvested in the Azores into white sugar, up to an overall
production limit of 10 000 tonnes of refined sugar per year.

The aid shall amount to EUR 27 per 100 kg of refined sugar.
It may be adapted in accordance with the procedure referred
to in Article 35(2).

Detailed rules for applying this Article shall be adopted

3.
in accordance with the procedure referred to in Article 35(2).

SECTION 4

Tobacco

Article 29

1.
A supplementary premium shall be granted, in addition
to the premium introduced by Title I of Regulation (EEC) No
2075/92 (1), for the collection of leaf tobacco of the variety
Burley P., up to a limit of 250 tonnes. The amount of the
supplementary premium shall be EUR 0,24 per kg of
leaf
tobacco.

The detailed rules for applying the premium scheme laid down
in Regulation (EC) No 2848/98 (2)
shall
apply to the
supplementary premium,
specific derogations
for
except
adopted in accordance with the procedure referred to in
Article 35(2).

Detailed rules for applying this Article shall be adopted

2.
in accordance with the procedure referred to in Article 35(2).

Aid shall be granted to produce pineapples falling within CN
code 0804 30 00 up to a limit of 2 000 tonnes per year.

The amount of the aid shall be EUR 1,20 per kilogram.

SECTION 5

Seed potatoes, chicory and tea

Detailed rules for applying this Article shall be adopted in
accordance with the procedure referred to in Article 35(2).

Article 30

SECTION 3

Sugar

Article 28

Flat-rate area aid shall be granted in order to develop the
1.
production of
sugar beet, up to the limit of an area
corresponding to production of 10 000 tonnes of white sugar
per year.

Aid shall be granted to produce seed potatoes falling

1.
within CN code ex 0701 10 00 up to a limit of 200 hectares.

(1) Council Regulation (EEC) No 2075/92 of 30 June 1992 on the
common organisation of the market in raw tobacco (OJ L 215,
30.7.1992, p. 70). Regulation as last amended by Regulation (EC)
No 1336/2000 (OJ L 154, 27.6.2000, p. 2).

(2) Commission Regulation (EC) No 2848/98 of 22 December 1998
laying down detailed rules
application of Council
for
Regulation (EEC) No 2075/92 as regards the premium scheme,
production quotas and the specific aid to be granted to producer
groups in the raw tobacco sector (OJ L 358, 31.12.1998, p. 17).
Regulation as
last amended by Commission Regulation (EC)
No 385/2001 (OJ L 57, 27.2.2001, p. 18).

the

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The amount of the aid shall be EUR 596,9 per hectare.

2.
Aid shall be granted to produce chicory falling within CN
code 1212 99 10 for up to a maximum area of 200 hectares
per year.

The amount of the aid shall be EUR 596,9 per hectare.

3.
Aid shall be granted to conclude annual contracts for the
marketing of the potatoes referred to in paragraph 1 of this
Article on the same terms as those laid down in Article 6.

4.

Aid per hectare shall be granted for the cultivation of tea.

The amount of
harvested area per year.

the aid shall be EUR 800 per hectare of

The aid shall be paid for up to 100 hectares.

Detailed rules for applying this Article shall be adopted

5.
in accordance with the procedure referred to in Article 35(2).

Article 31

Aid shall be granted for the ageing of Azores (cid:145)verdelho(cid:146) wine
up to a maximum of 4 000 hectolitres each year. The aid shall
be paid for (cid:145)verdelho(cid:146) wine which requires three years’ ageing
or more. It shall be paid for each lot during three marketing
years.

The amount of the aid shall be EUR 0,08 per hectolitre per
day.

documentation supplied by the competent 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 33

the total value of

Notwithstanding Article 7 of Regulation (EC) No
1.
the aid, expressed as a
1257/1999,
percentage of the volume of eligible investments, shall not
exceed 75 % for
to
towards
encourage diversification,
sustainable
small
economic size to be defined in the programme complement
referred to in Article 18(3) of Regulation (EC) No 1260/1999.

agriculture on agricultural holdings of

restructuring or a shift

intended in particular

investments

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
programme complement
referred to in Article 18(3) 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

TITLE III

PLANT-HEALTH MEASURES

Article 32

3.
The restriction laid down in Article 29(3) of Regulation
(EC) No 1257/1999 shall not apply to subtropical forests or
wooded areas located in the Azores and Madeira.

The

shall

submit

competent

1.
the
authorities
Commission programmes 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.

to

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 referred to in Article 35(2). The measures eligible
for Community financing shall be defined in accordance with
the same procedure.

4.
expenditure. Payment

Such participation may cover up to 75 % of the eligible
shall be made on the basis of

the

Notwithstanding

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

contribution

Community

indent

the

the

to

of

Notwithstanding Article 24(2) of Regulation (EC) No
5.
1257/1999, the maximum amounts per year eligible for the
Community aid provided for in the Annex to this Regulation
may be increased up to twofold in the case of the measure to
protect lakes in the Azores and the measure to preserve the
land,
landscape and traditional
in
particular
supporting
terraces in Madeira.

features of agricultural

the conservation of

the stone walls

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).

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6.
A summary description of the measures planned under
this Article shall be included in the operational programmes
for these regions referred to in Article 18 of Regulation (EC)
No 1260/1999.

Structures and Rural Development, established respectively by
Article 48 and by Article 50 of Regulation (EC) No
1260/1999.

TITLE V

GENERAL AND FINAL PROVISIONS

Article 34

The measures necessary for
Regulation shall
management procedure referred to in Article 35(2).

this
in accordance with the

the implementation of

adopted

be

Article 35

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

regulations on the

the other

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

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

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 36

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

apply,

Article 37

In the case of agricultural products covered by Regulation
(EEC) No 827/68 (2) and products not covered by a common
organisation of the market, the Commission shall be assisted
by the Management Committee for Hops established by Article
20 of Regulation (EEC) No 1696/71 (3).

The measures provided for in this Regulation, except
for
Article 33, shall constitute intervention intended to stabilise
the agricultural markets within the meaning of Article 2(2) of
Regulation (EC) No 1258/1999 (5).

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 (4).

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

(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

(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 Regulation (EC) No 3290/94 (OJ L 349,
31.12.1994, p. 105).

(3) 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).

(4) Council Decision 76/894/EEC of 23 November 1976 establishing a
Standing Committee on Plant Health (OJ L 340, 9.12.1976, p. 25).

Article 38

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 35(2).

Article 39

Portugal

shall present

1.
to the
Commission on the implementation of the measures provided
for in this Regulation.

an annual

report

2.
No later than at the end of the fifth year of application
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.

(5) 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).

L 198/40

EN

Official Journal of the European Communities

21.7.2001

Article 40

Article 41

(EEC) No 1600/92 (1)

repealed.
Regulation
References to Regulation (EEC) No 1600/92 shall be construed
to this Regulation and should be read in
as
accordance with the correlation table in Annex III.

references

hereby

is

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

Article 33 shall apply as from 1 January 2000.

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

(1) Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning
specific measures for the Azores and Madeira relating to certain
agricultural products (OJ L 173, 27.6.1992, p. 1). Regulation as
last amended by Regulation (EC) No 2826/2000 (OJ L 328,
23.12.2000, p. 2).

21.7.2001

EN

Official Journal of the European Communities

L 198/41

List of products covered by the specific supply arrangements provided for in Article 3 for the Azores

ANNEX I

Description

CN code

Cereals and cereal products intended for human
consumption and animal feed:

Maize seed

Rice

Soya seed

Sunflower seed

Hops

Raw sugar

Fruit juice (raw materials) other than those covered by
Article 5 of this Regulation

1005 10

1006

1201 00 90

1206 00 99

1210

1701 12 10

2009

Olive oil

1509 10 90, 1509 90 00, 1509 00 90

L 198/42

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Official Journal of the European Communities

21.7.2001

List of products covered by the specific supply arrangements provided for in Article 3 for Madeira

ANNEX II

Description

CN code

Cereals and cereal products intended for human
consumption and animal feed

Hops

Dried alfalfa

Soya cake

Rice

Vegetable oil

Sugar

Fruit preserves and concentrated fruit juices (raw
materials) other than those covered by Article 5 of this
Regulation

Beef and veal:
Fresh or chilled
Frozen

Pigmeat

Milk and milk products:
Milk powder

Liquid milk

Butter

Cheese

Seed potatoes

1210

1214

2304

1006

ex 1507 to 1516

1701 and 1702 (except isoglucose)

2007 99, 2008 and 2009

0201
0202

0203

ex 0402

0401

0405

0406

0701 10 00

21.7.2001

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Official Journal of the European Communities

L 198/43

ANNEX III

Correlation table

Regulation (EEC) No 1600/92

This Regulation

Article 1

Article 2

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4)

Article 4

Article 5

Article 6

Article 7

Article 8(1)

Article 8(2)

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14(1)

Article 14(2)

Article 14(3)

Article 14(4)

Article 1

Article 2

First subparagraph of Article 3(1)

Second subparagraph of Article 3(1)

Article 3(2)

Article 3(3)

Article 3(6)

Article 4

Article 12

Deleted

Article 3(4)

First subparagraph of Article 3(5)

Second subparagraph of Article 3(5)

Third subparagraph of Article 3(5)

Fourth subparagraph of Article 3(5)

Article 3(6)

Deleted

Article 5

Article 6

Article 7

Article 10

Article 13(1)

Deleted

Article 13(3)

Article 13(2)

Article 13(4)

Article 13(5)

Article 13(6)

Article 14

First subparagraph of Article 15(1)

First subparagraph of Article 15(1)

Second and third subparagraph of Article 15(1)

Article 15(2)

Article 16

Article 17

Article 18

Article 19

Article 15(2)

Article 15(3)

Article 15(4)

Article 15(5)

Article 16

Article 17

Article 18

Article 19

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Official Journal of the European Communities

21.7.2001

Regulation (EEC) No 1600/92

This Regulation

Article 20

Article 21

Article 22

Article 23

Article 24(1)

Article 24(2)

Article 24(3)

Article 24(4)

Article 24(5)

Article 24(6)

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35(1)

Article 35(2)

Article 36

Annex I

Annex II

Article 8

Article 20

Article 20(6)

Article 21

Article 9

Deleted

Article 22(1)

Deleted

Article 22(2)

Article 22(3)

Article 22(4)

Article 22(5)

Article 22(6)

Article 22(7)

Article 22(8)

Article 22(9)

Article 22(10)

Article 23

Article 24

Article 25

Article 26

Article 28

Article 29

Article 30

Article 30(4)

Article 31

Article 8

Article 9

Article 27

Article 11

Article 33

Article 32

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39(1)

Deleted

Article 39(2)

Article 40

Article 41

Annex I

Annex II

Annex III