Council Regulation (EC) No 1448/2001 of 28 June 2001 amending, as regards structural measures, Regulation (EEC) No 3763/91 introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments
Date: 2001-06-28
Institutions: Council of the European Union
Subjects: French overseas department and region, Structural Funds, agricultural product, agro-industry, aid to agriculture, regional aid

21.7.2001

EN

Official Journal of the European Communities

L 198/3

COUNCIL REGULATION (EC) No 1448/2001

of 28 June 2001

amending, as regards structural measures, Regulation (EEC) No 3763/91 introducing specific
measures in respect of certain agricultural products for the benefit of the French overseas
departments

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Parliament (2),

(5)

Having regard to the opinion of
Committee (3),

the Economic and Social

Having regard to the opinion of Committee of the Regions,

Whereas:

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
in
Regulation (EC) No 1257/1999.

some structural aid provided for

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 these departments belong
to public authorities other than municipalities. Under
these circumstances, the conditions laid down in the
said Article should be made more flexible.

(1)

(2)

(3)

(4)

(6)

for

and

amending

rural development

Council Regulation (EC) No 1257/1999 of 17 May
1999 on support
from the
European Agricultural Guidance and Guarantee Fund
(EAGGF)
certain
Regulations (4) lays down rural development measures
that may be granted Community support and sets out
for obtaining such support. That
the
Regulation acknowledges
the
outermost regions, adjustments and derogations may be
envisaged to meet the specific needs of those regions.

in the case of

conditions

repealing

that,

and

Article 299(2) of the Treaty recognises, moreover, the
constraints
regions, which
include the French overseas departments.

affecting the outermost

Regulation (EEC) No 3763/91 (5) seeks to remedy the
handicaps due to the remote and insular nature of these
departments and to improve the conditions under which
their agricultural products are produced and marketed.

(7)

structures of

certain agricultural holdings or
The
processing and marketing enterprises located in the
French overseas departments show serious shortcomings

(1) OJ C 96 E, 27.2.2001, p. 284.
(2) Opinion delivered on 14 June 2001 (not yet published in the

Official Journal).

(3) OJ C 139, 11.5.2001, p. 29.
(4) OJ L 160, 26.6.1999, p. 80.
(5) OJ L 356, 24.12.1991, p. 1. Regulation as last amended by
Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

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
that Regulation, the Community financial contribution
for agri-environmental measures, which constitutes the
fourth accompanying measure, shall be limited to 75 %
for all areas covered by Objective 1.
In view of the
importance attributed to agri-environment within the
the
context of
development,
be
Community
harmonised for all accompanying measures
in the
outermost regions.

the
contribution

rate of
should

financial

rural

Funds (6)

Pursuant to Article 14 of Council Regulation (EC) No
1260/1999 of 21 June 1999 laying down general
each plan,
provisions on the Structural
Community support framework, operational programme
and single programming document shall cover a period
of seven years, and the programming period shall begin
on 1 January 2000. In the interests of cohesiveness and
to avoid discrimination between beneficiaries of
the
same programme, the derogations provided for in this
Regulation must, exceptionally, be applicable to the
whole programming period,

(6) OJ L 161, 26.6.1999, p. 1. Regulation as amended by Regulation

(EC) No 1447/2001 (see p. 1 of this Official Journal).

L 198/4

EN

Official Journal of the European Communities

21.7.2001

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3763/91 is hereby amended as follows:

The following Article 21 shall be inserted in Title VI:

(cid:145)Article 21

1.
Notwithstanding Article 7 of Regulation (EC) No
1257/1999 (*), the total value of the aid, expressed as a
percentage of the volume of eligible investments, shall not
exceed 75 % for investments intended in particular to
encourage diversification, restructuring or a shift towards
sustainable agriculture on agricultural holdings of small
economic
programme
complement
referred to in Article 19(4) of Council
Regulation (EC) No 1260/1999 of 21 June 1999 laying
down general provisions on the Structural Funds (**).

in the

defined

size

be

to

the total value of

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

The

3.
restriction laid down in Article 29(3) of
Regulation (EC) No 1257/1999 shall not apply to tropical
forests or wooded areas located in the French overseas
departments.

Notwithstanding the third indent of

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

contribution

Community

the

to

this Article

A summary description of

the measures planned
5.
under
single
programming documents for these departments referred to
in Article 19 of Regulation (EC) No 1260/1999.

included in the

shall be

(*) OJ L 160, 26.6.1999, p. 80.
(**) OJ L 161, 26.6.1999, p. 1. Regulation as amended by
Regulation (EC) No 1447/2001 (OJ L 198, 21.7.2001,
p. 1).(cid:146)

Article 2

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

This Regulation 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