Commission Regulation (EC) No 489/2004 of 16 March 2004 amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001
Date: 2004-03-16
Institutions: European Commission
Subjects: EU aid, import licence, peripheral region, processed foodstuff, supply, supply balance sheet, tariff reduction

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Official Journal of the European Union

17.3.2004

COMMISSION REGULATION (EC) No 489/2004

of 16 March 2004

amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific
supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/
2001, (EC) No 1453/2001 and (EC) No 1454/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1452/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the French overseas departments, amending Direc-
tive 72/462/EEC and repealing Regulations (EEC) No 525/77
and (EEC) No 3763/91 (Poseidom) (1), and in particular Article
22 and the second paragraph of Article 26 thereof,

Having regard to 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) (2), and in particular Article 34
and the second paragraph of Article 38 thereof,

Having regard to Council Regulation (EC) No 1454/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Canary Islands and repealing Regulation (EEC)
No 1601/92 (Poseican) (3), and in particular Article 20 and the
second paragraph of Article 24 thereof,

Whereas:

should be established, and the appropriate measures for
monitoring such operations and applying the penalties
required should be laid down.

In accordance with Article 16(2), Article 17(2) and
Article 19(2) of Regulation (EC) No 20/2002,
the
authorisation to export or dispatch processed products
not containing raw materials that have benefited from
the specific supply arrangements is subject to an attesta-
tion from the processor. The processor declares in this
attestation that the processed products for export or
dispatch do not contain raw materials imported or intro-
duced under specific supply arrangements. The penalties
for making a false declaration should be laid down.

Regulation (EC) No 20/2002 should therefore be
amended.

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

(4)

(5)

(6)

(1)

(2)

(3)

Article 16(1) and Article 17(1) of Commission Regu-
lation (EC) No 20/2002 (4) concern respectively the
French overseas departments and the Azores and
Madeira and lay down that processors can export
processed products containing raw materials that have
benefited from the specific supply arrangements in the
context of regional trade or dispatch them in the context
of traditional trade flows, within annual quantity limits
to be set by the Commission.

HAS ADOPTED THIS REGULATION:

Article 1

The annual maximum quantities that can be exported or
dispatched from the French overseas departments and
the Azores and Madeira should therefore be fixed in
Regulation (EC) No 20/2002.

1. Article 16 is amended as follows:

(a) paragraph 1 is amended as follows:

Regulation (EC) No 20/2002 is hereby amended as follows:

Using in particular geographical proximity as
the
criterion, the third countries to which exports can be
sent in the context of regional trade from the French
overseas departments and the Azores and Madeira

(1) OJ L 198, 21.7.2001, p. 11. Regulation as amended by Regulation

(EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1.).

(2) OJ L 198, 21.7. 2001, p. 26. Regulation as amended by Regulation

(EC) No 1782/2003.

(3) OJ L 198, 21.7.2001, p. 45. Regulation as last amended by Regu-

lation (EC) No 1782/2003.

(4) OJ L 18, 11.1.2002, p. 1. Regulation as last amended by Regulation

(EC) No 1174/2003 (OJ L 164, 2.7.2003, p.3).

(i) the first subparagraph is replaced by the following:

‘Processors who have declared, under Article 9(3),
their intention to export, in the context of regional
trade, or dispatch, in the context of traditional trade
flows, processed products containing raw materials
which have benefited from the specific supply
arrangements, may do so within the limits of the
annual quantities indicated in Annex I to the third
countries listed in Annex II. The competent authori-
ties shall take the necessary measures to ensure that
these operations do not exceed the annual quantities
fixed.’;

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(ii) the following subparagraph is inserted after the first

subparagraph:

‘Processors who have exported the products referred
to in the preceding subparagraph in the context of
regional trade to one of the third countries listed in
Annex II must present the documents referred to in
Article 16 of Regulation (EC) No 800/1999 with a
view to possible checks by the competent authorities
which shall, if necessary, recover the benefit granted
under
and
supply
temporarily suspend the processor's registration, or
revoke it.’;

arrangements

specific

the

(b) the second subparagraph of paragraph 2 is replaced by

the following:

‘The competent authorities shall carry out the necessary
checks to ensure the accuracy of the attestations referred
to in the first subparagraph. They shall recover, where
necessary, the benefit granted under the specific supply
arrangements and shall temporarily suspend the proces-
sor's registration, or revoke it.’;

(c) paragraph 3 is replaced by the following:

‘3.
Processing operations which, within the limit of
the quantities set out in Annex I, may give rise to
regional trade exports or traditional consignments must
meet, mutatis mutandis, the processing conditions laid
down in the provisions on the inward processing
arrangements and the procedure for processing under
customs control
(EEC) No
2913/92 and (EEC) No 2454/93, with the exception of
all usual forms of handling.’

specified in Regulations

2. Article 17 is amended as follows:

(a) paragraph 1 is amended as follows:

(i) the first subparagraph is replaced by the following:

‘Processors who have declared, under Article 9(3),
their intention to export, in the context of regional
trade, or dispatch, in the context of traditional trade
flows, processed products containing raw materials
which have benefited from the specific supply
arrangements, may do so within the limits of the
annual quantities indicated in Annex III to the third
countries listed in Annex IV. The competent authori-
ties shall take the necessary measures to ensure that
these operations do not exceed the annual quantities
fixed.’;

Annex IV must present the documents referred to in
Article 16 of Regulation (EC) No 800/1999 with a
view to possible checks by the competent authorities
which shall, if necessary, recover the benefit granted
under
and
supply
temporarily suspend the processor's registration, or
revoke it.’;

arrangements

specific

the

(b) the second subparagraph of paragraph 2 is replaced by

the following:

‘The competent authorities shall carry out the necessary
checks to ensure the accuracy of the attestations referred
to in the first subparagraph. They shall recover, where
necessary, the benefit granted under the specific supply
arrangements and shall temporarily suspend the proces-
sor's registration, or revoke it.’;

(c) paragraph 3 is replaced by the following:

‘3.
Processing operations which, within the limit of
the quantities set out in Annex III, may give rise to
regional trade exports or traditional consignments must
meet, mutatis mutandis, the processing conditions laid
down in the provisions on the inward processing
arrangements and the procedure for processing under
customs control
(EEC) No
2913/92 and (EEC) No 2454/93, with the exception of
all usual forms of handling.’

specified in Regulations

3. Article 19 is amended as follows:

(a) the first subparagraph of paragraph 1 is replaced by the

following:

traditional

in the context of

‘Processors who have declared, under Article 9(3), their
intention to export, in the context of regional trade, or
dispatch,
trade flows,
processed products containing raw materials which have
benefited from the specific supply arrangements, may
do so within the limits of the annual quantities indicated
in Annex V. The competent authorities shall take the
necessary measures to ensure that these operations do
not exceed the annual quantities fixed.’;

(b) the second subparagraph of paragraph 2 is replaced by

the following:

(ii) the following subparagraph is inserted after the first

subparagraph:

‘Processors who have exported the products referred
to in the preceding subparagraph in the context of
regional trade to one of the third countries listed in

‘The competent authorities shall carry out the necessary
checks to ensure the accuracy of the attestations referred
to in the first subparagraph. They shall recover, where
necessary, the benefit granted under the specific supply
arrangements and shall temporarily suspend the proces-
sor's registration, or revoke it.’;

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(c) paragraph 3 is replaced by the following:

4. In the Annex the heading ‘Annex’ is replaced by ‘Annex V’.

‘3.
Processing operations which, within the limit of
the quantities set out in Annex V, may give rise to
regional trade exports or traditional consignments must
meet, mutatis mutandis, the processing conditions laid
down in the provisions on the inward processing
arrangements and the procedure for processing under
customs control
(EEC) No
2913/92 and (EEC) No 2454/93, with the exception of
all usual forms of handling.’

specified in Regulations

5. The text of the Annex hereto is added as Annexes I to IV.

Article 2

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

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

Done at Brussels, 16 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

‘ANNEX I

Maximum quantities of processed products which can be exported or dispatched annually from the French
overseas territories in the context of regional trade or traditional consignments

(Article 9(3) and Article 16)

Réunion

1005 90 00

1101 00

1507 90 90

1508 90 90

1512 11 91

1515 29 90

2103 90 90

2203 00

2309 90

Martinique

0403 10

1101 00

2309 90

Guadeloupe

1101 00

2309 90

CN code

to the European Community

to third country

(quantity in kilograms (or litres *))

—

—

—

—

—

—

—

*2 530

—

250 000

5 000 000

*38 000

*2 000

*250 000

*5 000

15 000

—

8 000 000

CN code

to the European Community

to third country

(quantity in kilograms (or litres *))

—

—

—

3 276

269 500

350 000

CN code

to the European Community

to third country

(quantity in kilograms (or litres *))

—

—

ANNEX II

500 000

500 000

Third countries to which processed products are exported from the French overseas territories in the context
of regional trade

(Article 9(3) and Article 16)

Réunion: Mauritius, Madagascar, Mayotte and the Comoros Islands

Martinique: Lesser Antilles (*)

Guadeloupe: Lesser Antilles (*)

French Guiana: Brazil, Surinam and Guyana

(*) Lesser Antilles: Virgin Islands, Saint Kitts and Nevis, Antigua and Barbuda, Dominica, Saint Lucia, Saint Vincent and

the Grenadines, Barbados, Trinidad and Tobago, Sint Maarten, Anguilla.

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ANNEX III

Maximum quantities of processed products which can be exported or dispatched annually from the Azores and
Madeira in the context of regional trade and traditional consignments

(Article 9(3) and Article 17)

Azores

1905 90 45

2203 00

Madeira

0401

1101 00

1102 20

1704

1902 19

1905

2009

2202

2203 00

2208

CN code

to the European Community

to third country

(quantity in kilograms (or litres *))

—

—

50 000

*100 000

CN code

to the European Community

to third country

(quantity in kilograms (or litres *))

—

60 000

3 000

4 600

25 500

18 200

3 800

*18 700

*2 500

*9 000

ANNEX IV

1 000 000

600 000

500 000

10 000

600 000

300 000

—

*3 000 000

*1 000 000

*20 000

Third countries to which processed products are exported from the Azores and Madeira in the context of
regional trade

(Article 9(3) and Article 17)

Azores: Morocco, Cape Verde and Guinea-Bissau.

Madeira: Morocco, Cape Verde and Guinea-Bissau.’