CELEX: 51991PC0226(03)
Language: en
Date: 1991-06-14
Title: COUNCIL DECISION SETTING UP A PROGRAMME OF OPTIONS SPECIFIC TO THE REMOTE AND INSULAR NATURE OF MADEIRA AND THE AZORES ( POSEIMA )

COMMISSION OF THE EUROPEAN CŒWLUNITIES
                                                                 C0M(91) 226 final
                                                                 Brussels, 19 July 1991
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                                      Amendments to the proposais for a
                                           COUNCIL REGULATION (EEC)
                            on the application of the provisions of Community law
                                             to the Canary Islands
                                               COUNCIL DECISION
                          setting up a programme of options specific to the remote
                             and insular nature of the Canary Islands (POSE I CAN)
                                               COUNCIL DECISION
                        setting up a programme of options specific to the remote and
                              insular nature of Madeira and the Azores (POSEIMA)
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                           (presented by the Commission pursuant to Article 149(3)
                                              of the EEC Treaty)
                w
 ---pagebreak---                             Amendment to the proposal for a
                               COUNCIL REGULATION (EECÏ
                on the application of the provisions of Community law
                                   to the Canary Islands
Recitals
                                     • Fifth recital
Whereas application of the common agricultural policy to the Canary Islands will
make possible the free movement of products on the conditions applicable to
mainland Spain (end of the transitional period: 31 December 1995) with the
exception of the supplementary trade mechanisms as regards the supplying of the
Canary Islands; whereas, in this framework, the free movement of products between
the Canary Islands and the rest of Spain will be ensured; whereas full
application of the common agricultural policy is subject to the entry into force
of specific supply arrangements; whereas the application of this policy will have
to be accompanied in addition by specific measures relating to the agricultural
production of the Canary Islands; whereas it is therefore necessary to maintain
the provisions of the Act of Accession relating to the application of the common
agricultural policy to the Canary Islands until the entry into force of such
supply arrangements with the exception of those governing the access of
agricultural products originating in the Canary Islands to the other parts of the
Community; whereas the provisions of Protocol 2 relating to bananas must remain
in force;           (Last sentence    deleted)
                               '"'•• Twelfth recital
Whereas the charge known as the "arbitrio insular - tarifa especial" applicable
 to products supplied by other parts of the Community on the terms set out in
 Article 6(3) of Protocol 2 shall not be extended beyond 31 December 1992 except
 as applied on a case-by-case basis, until 31 December 2000 at the latest, to be
 decided upon by the Council; whereas the levying of this charge on products
 imported into the Canary Islands from non-Community countries will have to be
 phased out from 1 January 1996 so that it is completely eliminated by
 31 December 2000, without prejudice to obligations under existing arrangements;
 ---pagebreak--- Articles
                                        Article 3
  The common fisheries policy shall apply to the Canary Islands on the terms laid
  down for mainland Spain, as from the entry into force of this Regulation.
  Application of the common fisheries policy shall be accompanied by specific
  measures designed to take account, where necessary, of the special features of
  Canary Islands production.
                                     article 5(3)       '  '~ s
   3.   The rates applicable may vary depending on thé category of product
   between 0,1% and 5%; these rates may, however, rise to 15% in the case of
   manufactured tobacco (CN codes 2402 10 00 and 2402 20 00). They may under no
   circumstances be increased* by more than 15% of the initial rate.   This variation
   in rates must in no case be such as to give rise to discrimination against
   products of Community origin.
                                      Article 5(5)
    5.  The arrangements for exemptions adopted by the competent authorities pursuant
    to paragraph 4 shall be notified to the Commission, which shall inform the Member
   States thereof and have two months to assess their conformity with the aims
    defined in that paragraph.   If the Commission has made no comment within that
   period, the arrangement shall be deemed to have been approved.
                                      Article 5(6)                "
     6.  During 1995, the Commission, after consulting the Spanish authorities, shall
     examine the impact of the measures taken on the economy of the Canary Islands and
     the prospects for their integration into the Community's customs territory.   On
     the basis of this examination, the Spanish authorities may be authorized, in
    accordance with the criteria in paragraph 4 and the procedure in paragraph 5, to
    maintain the exemptions in force, in whole or in part, until 31 December 2000 at
    the latest.
 ---pagebreak---                                          Article 6(4) '*"=                      '
 4.  The charge known as the "arbitrio insular - tarifa especial" of the Canary
 Islands shall be applied to products supplied by other parts of the Community on
 the terms laid down in Article 6(3) of Protocol 2 to the Act of Accession, though
 it may not be continued beyond 31 December 1992.                    On a case-by-case basis.
 however, the Council may, at Spain's request and in accordance with the procedure
 referred to in Article 6(3) of Protocol 2, authorize the application of this
 charge to certain sensitive products until 31 December 2000 at the latest.
 Without prejudice to obligations arising out of existing agreements, the levying
 of this charge on imported products originating in non-Community countries shall
 be phased out from 1 January 1996 so as to be completely eliminated by
 31 December 2000.
                                        Article 10(3)
3.  The provisions of Protocol o *« *K« A *. * .
                           001 2 t0 the Act of
                                                              '«cession relating to bananas
shall continue to apply.   ( s e c o n d s e n t e n c e d e L e ted)
 ---pagebreak---                                  Amendment to the proposal for a
                                        COUNCIL DECISION
                  setting up a programme of options specific to the remote
                     and insular nature of the Canary Islands (POSE I CAN)
Recitals
                                     Eighth recital
 Whereas, for the same reasons and as part of the phased introduction of the
 common customs tariff, there is a need to create the possibility of special
 tariff or derogations from the common commercial policy for certain sensitive
 products, in particular with regard to quantitative restrictions, bearing in mind
 the free-trade historical regime of the Canary Islands; whereas customs
 arrangements may also prove to be appropriate for the regime applicable to the
 Canary Islands free zones;
Articles
                                          Article 1
                               Council
  1.   Pursuant to Article 9 of/Regulation (EEC) No .../91, an action programme for
  the Canary Islands (Programme of options specific to the remote and insular
  nature of the Canary Islands), hereinafter referred to as the "POSEICAN
  programme" and set out in the Annex, is hereby established.    This programme shall
  cover legislative measures and financial commitments.
 Annex
                                      Paragraph 6.3
   6.3. Temporary restrictions may be applied, at sensitive times, on a phasing-out
         basis, to potatoes delivered to the Canary Islands for a period of ten
         marketing years.
 ---pagebreak---                                        Paragraph ^>.§
  6.5. To avoid any deflection of trade, products covered by the measures referred to
        in paragraph 6.2. may not be re-dispatched in an unaltered state to other parts
        of the Community.  Where the products in question are processed in the
        Canary Islands, this ban shall not apply to the traditional export of
        Canary Island products to the rest of the Community.
                                       Paragraph 7.1
 7.1.   At the request, with supporting documents, of the competent Spanish
        authorities, specific tariff measures or derogations from the common commercial
        policy will be considered regarding quantitative restrictions in particular, on
        a case-by-case basis, for certain sensitive products, as follows:
         - (two indents unchanged)
                                        Paragraph 9
                               (second subparagraph deleted)
                                       ,Paragraph 12
12.   The Commission will report annually to the European Parliament and the Council
      on progress in the implementation of the POSEICAN programme and, where
       appropriate, propose any adjustment measures that are necessary to achieve the
       objectives defined in Title I.
 ---pagebreak---     III.                      Amendment to the proposal for a
                                     COUNCIL DECISION
              setting up a programme of options specific to the remote and
                   insular nature of Madeira and the Azores (POSEIMA)
    Citations
                                        First citation
Having regard to the Treaty establishing the European Economic Community, and in
particular Articles 43, 113 and 235 thereof
                                       Second .citation
Having regard to the Act of Accession of Spain and Portugal, and in particular
Article 234(3) thereof.
 Recitals
                                      Tenth recital
Whereas Community rules must take account of the specific nature of the Azores
and Madeira and encourage their economic and social development, particularly in
those areas where the fragile nature of island territories is particularly acute,
such as transport, fisheries, taxation, the social sector, research and
development, or the protection of the environment in view of the vulnerability of
the Azores and Madeira to the risks of environmental or natural disasters;
                                      Twelfth recital
Whereas it is important, within the framework of the common transport policy
guidelines, to provide regular transport links at the lowest possible cost to
alleviate the drawbacks of remoteness and the island location;    whereas air
transport is an instrument of regional development and the most appropriate forms
of greater liberalization should be sought, notably under partnership
arrangements;
 ---pagebreak---                                  Seventeenth recital
Whereas the special production conditions in the Azores and Madeira require that
particular attention be paid to applying the common agricultural policy to this
region;   whereas appropriate measures are needed to assist the development of the
fruit and vegetable and flowers and live plant sectors;    whereas these measures
will have to promote the growing of tropical products in particular;    whereas
special attention will have to be given to Madeira bananas in view of their
crucial economic and social importance for the island and with due account for
aspects relating to ecological balance and the countryside;    whereas other market
and structural measures will also be required to support these traditional
products, in view of the overwhelming importance of the milk sector in the
economic activity of the Azores and its role, which is difficult to replace, as a
factor in maintaining the working population in the archipelago;
                                                                                v
                    New recital inserted after seventeenth recital          ~
Whereas it is necessary to take measures in the fisheries sector in view of its
economic and social importance for the two archipelagos;
Annex                     ,
                                      Paragraph 6                  .
6.   Directives or other measures adopted in connection with the internal market
and other common policies will have to take account of the special characteristics
of the Azores and Madeira and make their economic and social development possible,
particularly in the fields of transport, fisheries and taxation, social matters,
research and technological development (without prejudice to the Community
framework programme on this topic), and protection of the environment.
                                      Paragraph 8
 8.   Within the framework of Community transport policy guidelines, the Community
 and Portugal will as far as possible introduce schemes designed to enable the many
 different Community airlines, particularly regional airlines, to serve the Azores
 and Madeira in the interests of their development.
 ---pagebreak---                                   Paragraph 9.?
 9.2.   In the case of essential agricultural products for consumption or processing
 in the two regions, this Community action will, within the limits of market
 requirements of the Azores and Madeira and taking into account local production
 and traditional trade flows, and making sure that the proportion of Community
 supplies of the products concerned is maintained, consist in:
 - exempting from levies and/or customs duties and the amounts specified in
    Article 240 of the Act of Accession products originating in third countries;
            L ---J
 - permitting/ on equivalent terms, without application of the amounts laid down in
    the aforementioned Article 240, the supply of Community products taken into
    intervention storage or available on the Community market.
The principles underlying the application of this system will be as follows:
   tne
"      quantities covered by this supply system will be determined annually in
   supply estimates;
- in order to ensure that these measures have an impact on the level of production
   costs and consumer prices, a mechanism will have to be set up to monitor this
   impact up to the end user stage;
- with respect to raw sugar supplies for the Azores, the system will be applicable
   until such time as local production of sugar beet is sufficient to satisfy local
  market needs and as long as the total volume of sugar refined in the Azores does
   not exceed 10 000 tonnes;
- with respect to supplies of compound feedingstuffs in the Azores and Madeira,
   the system will be applied temporarily pending an increase in capacity and the
   modernization of the industry producing these feedingstuffs, subject to the
   limits of local market needs and taking account of the quantity of local
   production, in such a way as not to prejudice the industry in the region
   concerned.  This measure may be applied for three marketing years for the
   products coming under CN Codes 2309 90 31, 33, 41, 43, 51 and 53.
 ---pagebreak---                                     Paragraph 9.3
9.3.   In the Azores, for the purposes of genetic improvement, aid may be granted
for the purchase of male breeding animals originating in the Community,
                                                   i             . . . .
       (products in brackets deleted)
                                    Paragraph 10.4
 10.4.   Aid will be granted for three years from 1 January 1991 up to
31 December 1993.    During these three years, annual Community aid will remain
constant and equal to the extra cost of supplies, as defined above, in the
reference year (1989).    At the end of that three year period, the Commission will
assess this measure and will re-examine the situation.
                                    Paragraph 14.1
 14.1.   Within six months of the date on which this Decision takes effect, the
 Council or the Commission, as appropriate, will adopt the measures referred to in
 sections 14.2 to 14.9;
                                    Paragraph 14.6
14.6.    To improve the quality of agricultural products, and where appropriate
fishery products, -in Madeira and the Azores and to promote the marketing of such
products, the Community may finance the design and promotion of a logo for each of
these regions.
                                    Paragraph 14.8
 14.8.   New forms of structural assistance may also be envisaged within the
 framework of programmes to be submitted by the Portuguese authorities, and in
 particular:
 (a) for Madeira:
     - aids to improve and diversify production and to improve product quality,
        particularly in the case of wine, fruit and vegetables, flowers and plants,
        animal products, forestry products, and the fisheries sector;
 ---pagebreak--- (b) for the Azores:
     - aids to improve and diversify production and to improve product quality,
       particularly in the case of milk, animal products, fruit and vegetables,
       flowers and plants, wine, forestry products and the fisheries sector;
     - aid to offset the additional cost of agricultural investments because of the
       need for protection against natural disasters and, where production has been
       diversified, aid for the establishment of a solidarity fund for the
       restoration of production potential damaged by natural disasters.
                              Paragraph 14.9 (new)
14.9    Apart from the specific study referred to in section 14.2, at the request,
of the Portuguese authorities studies will be carried out in the agricultural
sector, particularly on Madeira wine and the fisheries sector.   As regards the
latter, the study will be carried out pursuant to Regulation (EEC) No 4028/86      .
as last amended by Regulations No 3944/90       and No 4042/89
                              Paragraph 14.9a (new)
      For fishery products from the Azores, an increased aid scheme will be'
introduced, over a period of five years following the date of their recognition
with regard to producer organizations to be set up in the five years following the
date of entry into force of POSEIMA.
                                   Paragraph 16
 17.  The Commission will report annually to the European Parliament and the
Council on progress in the implementation of POSEIMA, and if appropriate, propose
any adjustment measures deemed necessary to attain the objectives set out in
Title I.
 ---pagebreak---  ---pagebreak---                                                                                   "M
                                                                     ISSN 0254-1475
                                                              COM(91) 226 final
                                                      DOCUMENTS
EN                                                                              01
                                 Catalogue number : CB-CO-91-279-EN-C
                                                             ISBN 92-77-73621-6
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