Commission Regulation No 261/2005 of 16 February 2005 amending Regulation (EC) No 43/2003 laying down detailed rules for applying Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards aid for the local production of crop products in the outermost regions of the European Union
Date: 2005-02-16
Institutions: European Commission
Subjects: aid to agriculture, peripheral region, production aid, simplification of formalities

L 46/34

EN

Official Journal of the European Union

17.2.2005

COMMISSION REGULATION No 261/2005

of 16 February 2005

amending Regulation (EC) No 43/2003 laying down detailed rules for applying Council Regulations
(EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001 as regards aid for the local
production of crop products in the outermost regions of the European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

(3)

Having regard to Council Regulation (EC) No 1452/2001 of 28
June 2001 introducing specific measures for certain agricultural
products
the French overseas departments, amending
(EEC) No
Directive 72/462/EEC and repealing Regulations
525/77 and (EEC) No 3763/91 (Poseidom) (1), and in particular
Articles 5(2), 12(4), 13(4), 15(7), 18 and 22 thereof,

for

grouped into two reports with deadlines of 30 June and
30 November each year.

The measures provided for in this Regulation are in
accordance with the opinion of the Joint Management
Committee for Cereals, Fresh Fruit and Vegetables,
Products Processed from Fruit and Vegetables, Wine,
Hops, Live Plants, and Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

Article 68 of Regulation (EC) No 43/2003 is hereby replaced by
the following:

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 Articles 5(3),
6(5), 16(2), 19, 21(3), 27, 28(3), 30(5) and 34 thereof,

‘Article 68

Notifications

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 Articles 9(2), 10(5)
and 20 thereof,

Whereas:

(1)

Article 68 of Commission Regulation (EC) No 43/2003
of 23 December 2002 laying down detailed rules for
applying Council Regulations (EC) No 1452/2001, (EC)
No 1453/2001 and (EC) No 1454/2001 as regards aid
in the
for
outermost regions of the European Union (4), contains a
list of the notifications that Member States must send to
the Commission, together with the timetable.

the local production of crop products

(2) With a view to simplifying administration, the number of
deadlines by which the authorities of the Member States
concerned are required to submit their reports to the
light of
Commission should be
experience, the information to be provided should be

reduced.

In the

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

lation (EC) No 1690/2004 (OJ L 305, 1.10.2004, p. 1).

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

lation (EC) No 1690/2004.

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

lation (EC) No 1690/2004.

(4) OJ L 7, 11.1.2003, p. 25. Regulation as last amended by Regulation

(EC) No 1137/2004 (OJ L 221, 22.6.2004, p. 3).

1.
The Member
Commission each year:

States

concerned

shall

send

the

(a) not later than 30 June, a report on the implementation
of the measures referred to in this Regulation in the
preceding marketing year showing in particular:

— the areas covered by applications for aid under Title
I for the current marketing year for which the aid
has actually been paid,

— the quantities of green vanilla and essential oils of
geranium and vetiver qualifying for the aid referred
to in Chapter II of Title II,

— for the aid referred to in Chapter III of Title II, for

each department:

— the total quantities of cane, expressed in tonnes,

covered by aid applications,

— the total amount of the aid and the variation in

the unit amounts,

— any changes to the criteria for granting the aid
and any additional national measures recently
adopted;

— the quantities of raw materials qualifying for the aid
referred to in Chapter I of Title III, broken down by
product as set out in part A of Annex I, and the
quantities, expressed in net weight, of
finished
products, broken down in accordance with part B
of Annex I,

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Official Journal of the European Union

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— in the case of France and Portugal,

for the aid

referred to in Section I of Chapter II of Title III:

— the total quantities of sugar syrup, sucrose syrup
and agricultural rum covered by aid applications,
expressed as white sugar or hectolitres of pure
alcohol,

— the factories and distilleries in receipt of aid,

— the aid received and the quantity of sugar syrup,
sucrose syrup or agricultural rum produced by
each factory or distillery;

— the quantities qualifying for the aid and increased aid
referred to in Chapter I of Title IV, broken down by
product set out Annex II, III, IV and V,

— the quantities qualifying for the aid referred to in
Chapter II of Title IV, broken down by product,
and their average value within the meaning of
Article 46(4),

— the quantities, broken down by category or product,
covered by contracts for the current marketing year
as referred to in Chapter II of Title IV,

— the progress made in converting and restructuring
areas planted with prohibited direct hybrid vine
varieties in the Azores and Madeira;

(b) not later than 30 November, a report showing:

— the quantities of pineapples harvested for which the
aid referred to in Chapter I of Title II has been paid,

— the minimum prices referred to in Chapter I of Title
III, set in accordance with Article 13 of Regulation
(EC) No 1452/2001 for each category of products
set out in Annex I,

— for the aid referred to in Section II of Chapter II of

Title III:

— the areas and overall amount for which the flat-
rate aid per hectare has been requested and paid,

— the quantities of white sugar produced and the
overall amount of the special processing aid paid.

The Member States shall

2.
inform the Commission
immediately of cases which they recognise as force majeure
or exceptional circumstances
justifying continued enti-
tlement to the aid.’

Article 2

Entry into force and application

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

It shall apply from 1 January 2005.

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

Done at Brussels, 16 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission