CELEX: 51992PC0103
Language: en
Date: 1992-03-30
Title: Proposal for a COUNCIL REGULATION (EEC) authorizing an enchanced aid system for the formation of producers' organizations in the French overseas departments, in the Canary Islands, in Madeira and in the Azores

d ^ M M ^ W i OF THE EUROPEAN COMMUNITIES
                                             COM(92) 103 final
                                             Brussels, 30 March 1992
                            Proposal for a
                      COUNCIL REGULATION (EEQ
      authorizing an Enhanced aid system for the formation of
   producers' orgahilations in the French overseas departments,
        in the 6ariary Islands, in Madeira and in the Azores
                    (presented by the Commission)
 ---pagebreak---                                                                   - 2 -
                                                    EXPLANATORY MEMORANDUM
The Council              has       adopted           as part         of an overall               policy         covering          all        the
remoter        regions              (the       French        overseas         departments,                the     Canary               Islands,
the      Azores          and        Madeira)            appropriate             programmes              for      applying             common
policies         in each             of those           regions         - the programmes                   of options                   specific
to their        remote            and insular              nature           (POSEI).
On 22 December                    1989        the     Council          adopted,         by Decision               89/687/EEC,                the
Poseidom        programme                (for      the French            overseas         departments)              and on 26              June
1991,       by      Decisions               91/314/EEC              and     91/315/EEC,               the      Poseican                (Canary
Islands)        and Poseima                   (Azores        and Madeira)             programmes                        respectively.
The special              status          of the Canary               Islands,         agreed        at the        time       of         Spain's
accession            to        the      Community,              was      modified           simultaneously                 by          Council
Regulation               (EEC)          No      1911/91          of      26    June         1991.         From       1 July               1991,
therefore,             the provisions                   of Community             law apply            to the        Canary              Islands
under      the      conditions               laid      down in that                     Regulation.
The Council              Decisions              setting         up Poseican             and Poseima             contain                 specific
measures          for        fisheries,              in    particular            a reinforced                system        of     aid         for
producers'                         organizations.
In     the     context               of     the       implementation                of      the      agricultural                     measures
contained             in        the       Poseidom            programme,             the       French          authorities                  have
requested          officially                that      the same type              of aid be granted                    to the           French
overseas                    departments.
In view        of the            fact       that       all     transactions              on the         fisheries           market           are
handled            of         necessity                by       producers'               organizations,                           exceptional
arrangements               for        the      grant       of enhanced            aid      to encourage               the           formation
of     such       organizations                    would        facilitate             the      operation            of       the         maket
organization               in those                  regions.
These      exceptional                  arrangements,               introduced            by Article             6 of              Regulation
 (EEC) No 3687/91                      on the         common organization                     of     the     market         in           fishery
products,            have         already           been       applied,          notably          in      the     context          of        the
Treaty       of Accession                     of     Spain       and Portugal                to    the       Community,            and         of
German                  unification.
 ---pagebreak---                                         - 3 -
                                   Proposal for a
                              COUNCIL REGULATION (EEC)
          authorizing an enhanced aid system for the formation of
       producers' organizations in the French overseas departments,
             in the Canary Islands, in Madeira and in the Azores
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having    regard     to   the   Treaty   establishing    the   European    Economic
Community, and in particular Articles 42 and 43 thereof.
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas the programmes of options specific to the remote and insular
nature of the French overseas departments             (POSEIDOM),   of the    Canary
Islands (Poseican) and of Madeira and the Azores (Poseima), established
by   Council    Decisions     89/687/EEC( 1 ),  91/314/EEc(2>   and  91/315/EEC<3>
respectively,       aim    to   create   an    appropriate    framework    for   the
application of common policies for each of the ultra-peripheral regions
concerned;     whereas,      in  order  to    promote  the  economic    and   social
development      of  the    regions  in  question,    these   specific   programmes
introduce     measures     to   improve   conditions    for  the   production    and
marketing of fishery products;
Whereas Article 6 of Council Regulation (EEC) No 3687/91 of 28 November
1991 on the common organization of the market in fishery products(4)
provides that the Member States may make available aid to encourage the
formation and facilitate the operation of producers' organizations;
 (1)  OJ  No  L  399,   30.12-1989, p. 39.
 (2)  OJ  No  L   171,  29.6.1991, p. 5.
 (3)   OJ  No L   171,  29.6.1991, p. 10.
 (4)   OJ  No L   354,  23.12.1991, p. 1.
 ---pagebreak---                                     - 4 -
Whereas,   in view of the above, France, Spain and Portugal       should be
permitted   to make   available,  for  a transitory   period in the   French
overseas   departments   in the  Canary   Islands,  in Madeira  and  in  the
Azores respectively, enhanced aid for the formation and operation of
producers' organizations,
HAS ADOPTED THIS REGULATION:
                                  Article 1
1.   Notwithstanding     Article 6(2)    of    Regulation (EEC) No 3687/91,
     France, Spain and    Portugal are hereby authorized to make available
     the aid provided for in Article 6(1) of that Regulation during the
     five years following the date of their recognition, to producers'
     organizations which are formed in the French overseas departments,
     in the Canary Islands, in Madeira and in the Azores respectively,
     for  a period   of  five  years  from  the  entry  into force  of  this
     Regulation.
2.   The aid shall be granted according to the following conditions:
     -   The aid shall amount for the first, second, third, fourth and
         fifth years to not more than 5%, 4%, 3%, 2% and 1% respectively
         of the value of production marketed under the auspices of the
         producers' organization.
         It may not, however, exceed 80%, 70%, 60%, 40% and 20% of the
         organizations' administrative     expenses for the first,   second,
         third, fourth and fifth years respectively.
     -   Payment of the aid shall be made within seven years of the date
         of recognition.
                                  Article 2
 This Regulation shall enter into force on the day of its publication in
 the Official Journal of the European Communities.
 ---pagebreak---                                  - 5 -
This  Regulation  shall  be  binding   in its   entirety  and directly
applicable in all Member States.
Done at Brussels,                             For the Council
                                              The President
 ---pagebreak---                                                              - 6 -
                          FINANCIAL               fiTATEMENT
                                                                                       JMTK
       1 . BUDCLT LINS COMCUWED t        B?-933
      2*    ACTION   i Draft Council Regulation (EEC) n°            of       1992 authorizing an enhanced aid system as I
                        established in Regulation (EEC) n° 3687/91 ?/91 for the formation of producers' organizations in
                        the French overseas departsments, in the Canary Islands , in Madeira and in the Azores
      3. LECAL BASIS ,         Articles 42 and 43 od Treaty ; Regulation (CEE) n° 3687/91
      4.    OBJECTIVES    i To promote the establishment and operation of the POs in these extremely peripheral regional
     5 . FINANCIAL CONSEQULJJCE                     FOR THE MARKETING TEAR CURRENT FINANCIAL YEAR FOLLOWING FINANCIAL TEAR
     5 . 0 Exrjn.'DiTuan:                                                        1     L                 I        )
             -CHARGED TO THE EC BUDCET
               ( RQUNU6/IHTERVENTI OUS )              220.000 Ecus
             -CHARCEB TO NATIONAL ADMIHISTR.
             -CHARCED TO OTHER NATIONAL CROUPS
     5 . 1 RECEIPTS
             -OVN RESOUnC'JS OF TfE EC
               (LEVIEG/CUSTOM DUTIES)
             -UATIOMAL
                                                    TEAR   93              TEAR                   TEAR
    5 . 0 . 1 PLURIA.'.'NUAL PATTERN OF EXPENDITURE
    5 . 1 . 1 PLURIAMNUAL PATTERN OP RECEIPTS
   5»2 KETUO©        OF CALCULATION  : Method of calculation estimate in line with the following consideration :
                                        value of the product sold management costs, aid granted to a PO of the same
                                        size, set up in Spain and Portugal
  6 . 0 FINANCING POSSIBLE WITH CREDITS INSCRIBED IN RELEVANT CHAPTER OF CURRENT BUDGET T                   X3fl£/NO
  6 . 1 FINANCING POSSIBLE 3Y TRANSFER BST/2EH CHAPTERS OF CURRENT BUDCET ?
                                                                                                            KB?/™
  6 . 2 NECESSITY FOR A SUPPLEMENTARY BUDCET 7
                                                                                                            XXB/NO
  6 . 3 CREDITS TO BE WRITTEN INTO FUTURE BUDGETS ?                                                         TES/K*
a
  COMMENTS |
 ---pagebreak---                                          - 7 -
                                                                    ISSN 0254-1475
                                                              COM (92) 103 final
                                                     DOCUMENTS
EN                                                                         n 03
                                Catalogue number: CB-CO-92-114-EN-C
                                                             ISBN 92-77-42115-0
Office for Official Publications of the European Communities
L-2985 T ATTembourg