Council Regulation (EC) No 1690/2004 of 24 September 2004 amending Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards the conditions for the re-exportation and re-dispatch of products covered by the specific supply arrangements
Date: 2004-09-24
Institutions: Council of the European Union
Subjects: Azores, Canary Islands, French overseas department and region, Madeira, agricultural product, aid system, aid to agriculture, re-export, supply

1.10.2004

EN

Official Journal of the European Union

L 305/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1690/2004

of 24 September 2004

amending Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards
the conditions for the re-exportation and re-dispatch of products covered by the specific supply
arrangements

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

(5)

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

Whereas:

products covered by specific supply arrangements should
be authorised after
the aid has been reimbursed or
import duties have been paid.

Since trade in products covered by specific supply
arrangements between the Azores and Madeira has
resulted in some speculative transactions, it is proposed
that such trade in products covered by the specific supply
arrangements be restricted only to products processed in
these outermost regions.

(1)

(2)

(3)

Council Regulation (EC) No 1452/2001 of 28 June 2001
for certain agricultural
introducing specific measures
products for the French overseas departments (FOD),
amending Directive 72/462/EEC and repealing Regu-
lations
(EEC) No 525/77 and (EEC) No 3763/91
(Poseidom) (2), Council Regulation (EC) No 1453/2001
for
of 28 June 2001 introducing specific measures
certain agricultural products
and
Madeira and repealing Regulation (EEC) No 1600/92
(Poseima) (3),
(EC) No
1454/2001 of 28 June 2001 introducing specific
the
measures
Canary Islands and repealing Regulation (EEC) No
1601/92 (Poseican) (4) prohibiting the re-exportation
and re-dispatch of products covered by specific supply
arrangements, save in a few exceptional cases.

certain agricultural products

the Azores

Regulation

Council

and

for

for

for

(EC) Nos 1452/2001 and 1453/2001
Regulations
authorise
to third
exports of processed products
countries in order to encourage regional trade and tradi-
tional consignments of processed products.

Regulation (EC) No 1454/2001 authorises traditional
exports and consignments of processed products.
It
also authorises exports of products in their unprocessed
state or products resulting from local packaging of such
products, under certain conditions to be laid down by
the Commission,
including reimbursement of aid or
payment of import duties.

(6)

(EC) No 1453/2001
Regulations (EC) No 1452/2001,
and (EC) No 1454/2001 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Article 3(5) of Regulation (EC) No 1452/2001 is hereby
replaced by the following:

‘5.
Products covered by the specific supply arrangements
may be re-exported to third countries or re-dispatched to the
rest of the Community only on the conditions laid down by
the Commission under the procedure referred to in Article
23(2). These conditions shall include in particular reimbur-
sement of
the specific supply
arrangements for the products referred to in paragraph 2
or payment of import duties on the products referred to in
paragraph 1. This restriction shall not apply to trade flows
between the FOD.

the aid received under

The restriction referred to in the first subparagraph shall not
apply to products which are processed in the FOD and
contain raw materials
supply
arrangements, where those products:

covered by the

special

(4)

In order to allow economic activity to be developed in
the outermost regions, the exportation or dispatch of

(1) Opinion delivered on 21 April 2004 (not yet published in the

Official Journal).

(2) OJ L 198, 21.7.2001, p. 11. Regulation amended by Regulation (EC)

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

(3) OJ L 198, 21.7.2001, p. 26. Regulation as last amended by Regu-

lation (EC) No 55/2004 (OJ L 8, 14.1.2004, p. 1).

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

lation (EC) No 1782/2003.

(a) are exported in the context of

traditional exports or

regional trade from the FOD to third countries, or

(b) are dispatched in the context of traditional consignments

from the FOD to the rest of the Community.

No export refund shall be granted for the products referred to
in the second subparagraph.’

L 305/2

EN

Official Journal of the European Union

1.10.2004

Article 2

Article 3

Article 3(5) of Regulation (EC) No 1453/2001 is hereby
replaced by the following:

Article 3(5) of Regulation (EC) No 1454/2001 is hereby
replaced by the following:

‘5.
Products covered by the specific supply arrangements
may be re-exported to third countries or re-dispatched to the
rest of the Community only on the conditions laid down by
the Commission under the procedure referred to in Article
35(2). These conditions shall include in particular reimbur-
sement of
the specific supply
arrangements for the products referred to in paragraph 2
or payment of import duties on the products referred to in
paragraph 1.

the aid received under

‘5.
Products covered by the specific supply arrangements
may be re-exported to third countries or re-dispatched to the
rest of the Community only on the conditions laid down by
the Commission under the procedure referred to in Article
21(2). These conditions shall include in particular reimbur-
sement of
the specific supply
arrangements for the products referred to in paragraph 2
or payment of import duties on the products referred to in
paragraph 1.

the aid received under

The restriction referred to in the first subparagraph shall not
apply to products which are processed in the regions of the
Azores or Madeira and contain raw materials covered by the
special supply arrangements, where those products:

The restriction referred to in the first subparagraph shall not
apply to products which are processed in the Canary Islands
and contain raw materials covered by the special supply
arrangements, where those products:

(a) are exported in the context of

traditional exports or
trade from the Azores or Madeira to third

regional
countries, or

(b) are dispatched in the context of:

(a) are exported in the context of traditional exports from the

Canary Islands to third countries, or

(b) are dispatched in the context of traditional consignments
from the Canary Islands to the rest of the Community.

(i) traditional consignments from the Azores or Madeira

to the rest of the Community, or

No export refund shall be granted for the products referred to
in the second subparagraph.’

(ii) trade flows between the Azores and Madeira.

Article 4

No export refund shall be granted for the products referred to
in the second subparagraph.’

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, 24 September 2004.

For the Council
The President

L. J. BRINKHORST