Council Regulation (EC) No 442/2002 of 18 February 2002 amending Regulation (EEC) No 2019/93 introducing specific measures for the smaller Aegean islands concerning certain agricultural products
Date: 2002-02-18
Institutions: Council of the European Union
Subjects: Aegean Islands, agricultural product, aid system, production aid, supply

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EN

Official Journal of the European Communities

12.3.2002

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 442/2002

of 18 February 2002

amending Regulation (EEC) No 2019/93 introducing specific measures for the smaller Aegean
islands concerning certain agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

Under Article 15 of Council Regulation (EEC) No 2019/
93 (4) the Commission must submit an annual report to
the European Parliament and the Council on the imple-
mentation of the measures and, at the end of the third
year of application of the specific supply arrangements,
the
a general report on the economic situation of
Aegean islands, showing the impact of the measures
taken. These reports are to be accompanied, where
necessary, by appropriate proposals for amendments
and changes to the measures provided for in that Regu-
lation.

Analysis of the implementation of these measures points
to the need for appropriate adjustments and changes,
taking into account the results and experience gathered
and the evolution of the context in which these meas-
ures have been applied. Regulation (EEC) No 2019/93
should therefore be amended accordingly.

the specific supply arrangements have
In particular,
proved to be poorly suited to the milk products
(yoghurt) and sugar sectors, especially as regards passing
on the advantages to the end-user, while in the fruit and
vegetables sector the arrangements expired at the end of
1997. These products should therefore be removed from
the specific supply arrangements. On that basis the list
of products referred to in the specific supply arrange-

(1) Proposal of 7 November 2001 (not yet published in the Official

Journal).

(2) Opinion delivered on 5 February 2002 (not yet published in the

Official Journal).

(3) Opinion delivered on 16 January 2002 (not yet published in the

Official Journal).

(4) OJ L 184, 27.7.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 1257/1999 (OJ L 160, 26.6.1999, p. 80).

ments should be reviewed, taking into account the real
needs of the islands concerned. The groups of islands
should also be redefined on the basis of their distance
from the usual ports of shipment in mainland Greece,
taking into account supplies to the islands of final desti-
nation from islands of transit and of loading.

The economic advantages of the specific supply arrange-
ments must not provoke deflections of trade in the
products concerned. Re-dispatching or
re-exporting
these products from the islands concerned should there-
fore be prohibited. In the case of processing, this prohi-
bition should not apply to traditional exports and
consignments.

The support measures for local products for the private
storage of certain local cheeses, programmes of initia-
tives for fruit, vegetables and flowers, and the ageing of
locally produced liqueur wines have been shown to be
poorly suited to the situation in these sectors on the
Aegean islands due in particular to the short storage
periods for the cheeses and liqueur wines and thus the
negligible impact of the aid, and to the complexity of
procedures and the way the proposed aid for fruit,
vegetables and flowers was structured. This aid should
not therefore be renewed.

In order to continue to support traditional cattle farming
in these islands, on the one hand, the stability of the
special premium should be ensured for a specific
number of male bovines also in receipt of the supple-
ment
the
to the special premium and the grant of
supplement
to the suckler cow premium should be
continued and, on the other, reference should be made
to the new regulatory framework for the common
organisation of the market in this sector since 1999.

As regards the continued grant of aid for the cultivation
of vines for the production of quality wines psr in the
traditional areas of production, the references to the
legislation on the common organisation of the market in
this sector since 1999 should be updated.

(4)

(5)

(6)

(7)

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(8)

(9)

For the purposes of continuing to grant aid to traditional
bee-keeping and contributing to the continued improve-
ment of quality in this sector, the activities of recognised
associations of bee-keepers should be encouraged and
the number of hives eligible for such aid should be
updated.

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 (1).

(10) Article 13 of Regulation (EEC) No 2019/93, providing
for derogations applicable to structural measures, has
been repealed by Council Regulation (EC) No 1257/
1999 of 17 May 1999 on support for rural development
from the European Agricultural Guidance and Guarantee
Fund (EAGGF) and amending and repealing certain
Regulations (2). The structures of certain holdings and
processing and marketing firms in the Aegean islands
are seriously defective and face specific difficulties. Provi-
sion should therefore be made for derogations for
certain types of investments from the provisions limiting
the grant of some structural aid provided for in Regula-
tion (EC) No 1257/1999,

HAS ADOPTED THIS REGULATION:

Article 1

islands of transit or of loading for the islands of final
destination.

90 % of the amount of the aid shall be financed by the
Community and 10 % by the Member State.

In implementing the specific supply arrangements,

2.
account shall be taken,

in particular, of the following:

(a) the specific needs of the smaller Aegean islands and

the precise quality requirements;

(b) traditional trade flows with ports in mainland Greece

and between the islands;

(c) the economic aspect of the proposed aid;

(d) where applicable, the need not to obstruct the poten-

tial development of local products.

3.
A condition for benefiting from the specific supply
arrangements shall be that the advantages are actually
passed on to the end-user.

4.
Products covered by the specific supply arrange-
ments may not be re-exported to third countries or re-
dispatched to the rest of the Community.

5. Where the products referred to in paragraph 1 are
processed in the smaller Aegean islands, the prohibition
referred to in paragraph 4 shall not apply to traditional
exports or to traditional shipments of the processed prod-
ucts to the rest of the Community. In the case of tradi-
tional exports, no refund shall be granted.’;

Regulation (EEC) No 2019/93 is hereby amended as follows:

2. the following Article shall be inserted:

1. Articles 2 and 3 shall be replaced by the following:

‘Article 3a

‘Article 2

Specific supply arrangements are hereby introduced for the
agricultural products listed in the Annex to this Regula-
tion, which are essential for human consumption and as
inputs in agricultural production in the smaller Aegean
islands as well as for processing.

A forecast supply balance shall be drawn up stating the
quantity of the agricultural products referred to in the
above paragraph needed to meet supply requirements each
year.

Article 3

Under the specific supply arrangements, aid shall be
1.
granted for the supply to the smaller Aegean islands of the
products referred to in Article 2.

The amount of aid shall be fixed for a group of islands
taking into consideration the additional costs of marketing
products in these islands, calculated from the usual ports
of shipment in mainland Greece, and from the ports of

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 160, 26.6.1999, p. 80.

Detailed rules for applying this Title shall be adopted
1.
in accordance with the procedure referred to in Article
13a(2). They shall cover in particular:

(a) the grouping of the smaller Aegean islands on the
basis of their distance from the usual ports of ship-
ment in mainland Greece, and in relation to the ports
of islands of transit or of loading from which the
islands of final destination are usually supplied;

(b) the fixing of the amount of aid under the specific

supply arrangements;

(c) the provisions to ensure effective monitoring and that
the advantages are actually passed on to the end user;

(d) the introduction, if necessary, of a system of delivery

licences.

The Commission shall draw up supply balances in
2.
accordance with the procedure referred to in Article
13a(2). It may revise those balances, and the list of prod-
ucts in the Annex, in accordance with the same procedure,
in the light of changes in the requirements of the smaller
Aegean islands.’;

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3. Article 4 shall be deleted;

The following areas shall be eligible for aid:

4. Article 6 shall be replaced by the following:

‘Article 6

1.
The aid provided for in this Article shall be granted
to assist traditional livestock farming activities in the beef
and veal sector.

Fattening aid for male bovine animals, equal to an
2.
additional EUR 48,3 per head on top of
the special
premium provided for in Article 4 of Council Regulation
(EC) No 1254/1999 (*), shall be granted to beef and veal
producers.

The supplement may be granted for an animal of a
minimum weight to be determined in accordance with the
procedure referred to in Article 13a(2), up to a limit of
12 000 male bovines per year within the regional ceiling
set in Article 4(1) and (4) of Regulation (EC) No 1254/
1999. The proportionate reduction referred to in Article
4(4) of that Regulation shall not apply within that limit.

A supplement

3.
to the premium for maintaining
suckler cows provided for in Article 6 of Regulation (EC)
No 1254/1999 shall be paid to beef and veal producers
this supplement shall be
each year. The amount of
EUR 48,3 per suckler cow held by the producer on the
day on which the application is submitted.

4.
Detailed rules for applying paragraphs 1, 2 and 3
shall be adopted in accordance with the procedure referred
to in Article 13a(2). They may also provide for an amend-
ment of the limit referred to in paragraph 2.

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

(b) areas where the yield per hectare is lower than a
maximum to be
State,
fixed by
expressed as quantities of grapes, grape musts or
wine, under the terms of Annex VI(I) to Regulation
(EC) No 1493/1999.

the Member

The amount of

2.
the aid shall be EUR 476 per
hectare per year. The aid shall be granted exclusively to
producer groups or organisations initiating a measure to
improve the quality of the wines produced in accord-
ance with a programme approved by the competent
authorities;
include in particular
means for improving vinification, storage and distribu-
tion conditions.

the programme shall

Chapter II of Title II of Regulation (EC) No 1493/

3.
1999 shall not apply to the smaller Aegean islands.

4.
Detailed rules for applying this Article shall be
adopted as necessary in accordance with the procedure
referred to in Article 13a(2).

(*) OJ L 179, 14.7.1999, p. 1. Regulation as

last
amended by Regulation (EC) No 1622/2000 (OJ L
194, 31.7.2000, p. 1).’;

(*) OJ L 160, 26.6.1999, p. 21.’;

5. Article 7 shall be deleted;

8. Article 10 shall be deleted;

9. Article 11 shall be replaced by the following:

6. Article 8 shall be replaced by the following:

‘Article 11

‘Article 8

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 and for the cultiva-
tion
falling within CN code
0701 10 00, up to a limit of 2 200 hectares cultivated
and harvested per year.

potatoes

seed

of

The
the
amount of
EUR 603 per hectare.

aid shall be not more

than

2.
Detailed rules for applying this Article shall be
adopted in accordance with the procedure referred to in
Article 13a(2).’;

1.
Aid per hectare shall be granted for the mainte-
nance of olive groves in traditional olive-growing zones,
provided that
the groves are kept and maintained in
good production conditions.

The amount of the aid shall be EUR 145 per hectare
per year.

2.
Detailed rules for applying this Article shall be
adopted in accordance with the procedure referred to in
Article 13a(2). In particular they shall fix the conditions
for the application of the aid arrangements referred to
in paragraph 1, the conditions for proper maintenance
of olive groves and the control provisions.’;

7. Article 9 shall be replaced by the following:

10. Article 12 shall be replaced by the following:

‘Article 9

‘Article 12

1.
Aid per hectare shall be granted for the continued
cultivation of vines for the production of quality wines
psr in the traditional areas of production.

Aid shall be granted for the production of honey
specific quality from the smaller Aegean islands,

1.
of
containing a large proportion of thyme honey.

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The aid shall be paid, on the basis of the number of
registered hives in production,
to associations of bee-
keepers recognised by the competent authorities which
undertake to implement annual programmes of
initia-
tives designed to improve the conditions under which
quality honey is produced.

Commission shall be
Committee
for Hops
Council Regulation (EEC) No 1696/71 (***).

the Management
assisted by
established by Article 20 of

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

The amount of the aid shall be EUR 12 per hive per
year.

The period referred to in Article 4(3) of Decision 1999/
468/EC shall be set at one month.

The aid referred to in paragraph 1 shall be granted

2.
for up to 100 000 hives per year.

3.
Detailed rules for applying this Article shall be
adopted in accordance with the procedure referred to in
Article 13a(2).’;

11. Article 13 shall be replaced by the following:

3.

The Committee shall adopt its rules of procedure.

(*) OJ L 181, 1.7.1992, p. 21.
(**) OJ L 151, 30.6.1968, p. 16. Regulation as last
amended by Regulation (EC) No 195/96 (OJ L 26,
2.2.1996, p. 13).

(***) 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).’;

‘Article 13

13. Article 14 shall be replaced by the following:

from the

1.
Notwithstanding Article 7 of Council Regulation
(EC) No 1257/1999 of 17 May 1999 on support for
European Agricultural
rural development
Guidance and Guarantee Fund (EAGGF) and amending
and repealing certain Regulations (*), the total value of
the aid, expressed as a percentage of
the volume of
eligible investments, may be increased by a maximum
15 percentage points for investments intended in partic-
ular to encourage diversification, restructuring or a move
towards sustainable agriculture on agricultural holdings
in the smaller Aegean islands.

2.
Notwithstanding Article 28(2) 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 65 % for investments in small and medium-
sized 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 18(3) of Council Regulation (EC)
No 1260/1999 of 21 June 1999 laying down general
provisions on the Structural Funds (**).

The measures planned under this Article shall be
3.
described as part of
the operational programmes as
referred to in Article 18 of Regulation (EC) No 1260/
1999 covering the smaller Aegean islands.

(*) OJ L 160, 26.6.1999, p. 80.
(**) OJ L 161, 26.6.1999, p. 1.’;

12. the following Article shall be inserted:

‘Article 13a

1.
The Commission shall be assisted by the Manage-
ment Committee for Cereals established by Article 22 of
Council Regulation (EEC) No 1766/92 (*), or by one of
the management committees established by the regula-
tions on the common organisations of the market for
the products concerned, hereinafter “Committee”.

In the case of agricultural products covered by Council
and products not
Regulation (EEC) No 827/68 (**)
covered by a common organisation of the market, the

‘Article 14

The measures provided for in this Regulation, except for
Article 13,
shall constitute intervention intended to
stabilise the agricultural markets within the meaning of
Article 2(2) of Regulation (EC) No 1258/1999 (*).

(*) OJ L 160, 26.6.1999, p. 103.’;

14. the following Article shall be inserted:

‘Article 14a

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

Detailed rules for applying this Article shall be adopted
in accordance with the procedure referred to in Article
13a(2).’;

15. Article 15 shall be replaced by the following:

‘Article 15

Greece shall present an annual

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

report

to the
the measures

At

the Commission shall

2.
imple-
the end of every five-year period of
mentation of the measures provided for in this Regula-
to the European
tion,
Parliament and the Council a general
report on the
impact of the measures taken pursuant to this Regula-
tion,
appropriate by proposals
concerning any adjustments which may prove necessary.

accompanied where

submit

The first report shall be presented before the end of
2005.’;

16. the Annex shall be replaced by the Annex to this Regu-

lation.

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This Regulation shall enter into force on the 20th day following that of its publication in the Official
Journal of the European Communities.

Article 2

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

Done at Brussels, 18 February 2002.

For the Council

The President

M. ARIAS CAÑETE

ANNEX

‘ANNEX

List of products covered by the specific supply arrangements under Title I for the smaller Aegean islands

Description

CN code

Wheat flour

Durum wheat

Wheat of bread-making quality

Feedingstuffs

— cereals

— wheat

— rye

— barley

— oats

— maize

— cotton seeds

— alfalfa and fodder

— food industry wastes and residues

— preparations of a kind used in animal fee

1101 and 1102

1001 10 00

1001 90 99

1001

1002

1003

1004

1005

1207 20 90

1214

2302 to 2308

2309 90’