Commission Regulation (EC) No 1020/2002 of 13 June 2002 amending Regulation (EEC) No 2958/93 laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 as regards the specific arrangements for the supply of certain agricultural products
Date: 2002-06-13
Institutions: European Commission
Subjects: Aegean Islands, agricultural product, aid system, supply

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Official Journal of the European Communities

14.6.2002

COMMISSION REGULATION (EC) No 1020/2002

of 13 June 2002

amending Regulation (EEC) No 2958/93 laying down detailed rules for the application of Council
Regulation (EEC) No 2019/93 as regards the specific arrangements for the supply of certain agri-
cultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2019/93 of 19
July 1993 introducing specific measures for the smaller Aegean
islands concerning certain agricultural products (1), as
last
amended by Regulation (EC) No 442/2002 (2), and in particular
Article 3a thereof,

rest of the Community of processed products. Detailed
rules should be laid down for checking how those dero-
gations are used.

(6)

(7)

It is therefore necessary to amend Regulation (EEC) No
2019/93 accordingly.

The measures provided for in this Regulation are in
accordance with the opinions of all the Management
Committees concerned,

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EEC) No 2019/93 has been substantially
amended by Regulation (EC) No 442/2002. It is there-
fore necessary to adapt the detailed rules for the applica-
tion of that Regulation laid down by Commission Regu-
lation (EEC) No 2958/93 (3), as last amended by Regula-
tion (EC) No 1802/95 (4).

The amounts of the aid granted for the supply to islands
of groups A and B should be adapted to the new mone-
tary system. The aid for consignments to the islands in
group A should be increased in order to make it more
attractive for traders. Furthermore, an additional aid
should be granted to cover costs of re-loading and trans-
port from islands of transit or loading to islands of final
destination belonging to group A or group B where
direct shipment from the mainland is not possible or
regular.

Monitoring of operations qualifying under the specific
supply arrangements requires prohibiting the transfer of
the rights and obligations conferred on the holder of the
certificate. The period for presentation of the proof of
utilisation of the aid certificate should be increased to
allow traders time to fulfil their obligation.

the objectives of

the administration of

One of
the
specific supply arrangements is to ensure that the bene-
fits are actually passed on to the stage at which the
products destined for the end-users are placed on the
market. To that end, national authorities should be
permitted to verify margins and prices applied by
traders.

Regulation (EEC) No 2019/93 stipulates that products
covered by the specific supply arrangements may not be
re-exported to third countries or re-dispatched to the rest
of the Community. However, it provides for derogations
for traditional exports or traditional shipments to the

(1) OJ L 184, 27.7.1993, p. 1.
(2) OJ L 68, 12.3.2002, p. 4.
(3) OJ L 267, 28.10.1993, p. 4.
(4) OJ L 174, 26.7.1995, p. 27.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2958/93 is hereby amended as follows:

1. Article 1 is amended as follows:

(a) Paragraph 1 is replaced by the following:

‘1.
The flat-rate aid referred to in Article 3(1) of Regu-
lation (EEC) No 2019/93 is hereby fixed, for all products
referred to in the Annex to that Regulation, at:

— EUR 22/tonne for consignments to the islands in
group A referred to in Annex I to this Regulation,

— EUR 36/tonne for consignments to the islands in
group B referred to in Annex II to this Regulation.

In addition, EUR 9/tonne shall be granted to cover re-
loading and transport costs from islands of transit or
loading to islands of final destination belonging to group
A or group B where direct shipment from the mainland
is not possible or regular.’

(b) Paragraph 2 is deleted.

(c) Paragraph 10 is replaced by the following:

‘10.
Proof of utilisation of the aid certificate shall be
furnished within two months following expiry of the
period of validity of the certificate, except in cases of
force majeure.’

2. Article 2 is replaced by the following:

‘Article 2

Certificates shall not be transferable.’

3. Article 3 is amended as follows:

(a) Paragraph 1 is deleted.

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(b) Paragraph 2 is replaced by the following:

‘2.
The Greek authorities shall take all appropriate
steps to check that the benefits derived from the grant
of the aid are passed on to the end user. In doing so they
may assess the trading margins and prices applied by the
various traders concerned.

These measures, and any amendments made, shall be
notified to the Commission.’

4. Article 4 is replaced by the following:

‘Article 4

1.
Traditional exports and traditional dispatches to the
rest of the Community of processed products containing
raw materials that have benefited from the specific supply
arrangements are permitted within the limits of annual
quantities to be determined by the Commission in accor-
dance with the procedure referred to in Article 13a(2) of
Regulation (EEC) No 2019/93. The competent authorities
shall take the necessary steps to ensure that those operations
do not exceed the annual quantities laid down.

2.
The competent authorities shall authorise the export
or dispatch to the rest of the Community of quantities of
processed products other than those referred to in paragraph
1 only where it is attested that the products concerned do
not contain raw materials introduced under the specific
supply arrangements.

the necessary
The competent authorities shall carry out
checks to ensure the accuracy of the attestations referred to
in the first subparagraph and shall recover, where appro-
priate, the aid granted under the specific supply arrange-
ments.

For the purpose of paragraphs 1 and 2, dispatch of
3.
products to destinations outside Group A islands or outside
Group B islands shall constitute dispatch to the rest of the
Community.’

5. Article 5 is replaced by the following:

‘Article 5

The Greek authorities shall notify the Commission no later
than the last day of each month of the following data
relating to the previous month but two, by product:

— the quantities for which aid certificates were applied for

broken down by recipient island-group,

— the number of cases of non-utilisation of aid certificates
and the quantities involved broken down by recipient
island-group,

— any quantities exported after processing in the context
of the traditional exports broken down by destination,

— any quantities dispatched after processing in the context
of the traditional dispatches broken down by destina-
tion.’

6. Article 6 is deleted.

7. Annex II is replaced by the text set out in the Annex to this

Regulation.

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

Done at Brussels, 13 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

‘ANNEX II

List of islands and “nomos” belonging to Group B:

(Article 1)

— nomos of Dodekanisa (Dodecanese),

— nomos of Khios,

— nomos of Lesvos (Lesbos),

— nomos of Samos,

— islands of the nomos of Kiklades not included in Group A,

— island of Gavdos.’