CELEX: 51991PC0160
Language: en
Date: 1991-05-22
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) INTRODUCING SPECIFIC MEASURES IN RESPECT OF CERTAIN AGRICULTURAL PRODUCTS FOR THE BENEFIT OF THE FRENCH OVERSEAS DEPARTMENTS

No C 149/6                            Official Journal of the European Communities                                   8. 6. 91
                                                             II
                                                     (Preparatory Acts)
                                                COMMISSION
              Proposal for a Council Regulation (EEC) introducing specific measures in respect of certain
                        agricultural products for the benefit of the French overseas departments
                                                       (91/C 149/07)
                                                    COM(91) 160 final
                                     (Submitted by the Commission on 23 May 1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas, in the interests of regional cooperation,
                                                                 preference should be given to imports into the French
                                                                 overseas departments of cereals from the overseas
Having regard to the Treaty establishing the European            countries and territories, the ACP States and other
Economic Community, and in particular Article 43                 developing countries; whereas, however, in the event of
thereof,                                                         difficulty, the levy exemption arrangements may also,
                                                                 exceptionally, be applied to imports of cereals from other
                                                                 third countries;
Having regard to the proposal from the Commission,
Having regard      to  the  opinion    of   the  European        Whereas, to maintain the competitiveness of cereals of
Parliament,                                                      Community origin on the markets of the French overseas
                                                                 departments, both in order to achieve the Poseidom
                                                                 objective of reducing prices by promoting competition
Having regard to the opinion of the Economic and                 between sources of supply and to prevent disruption of
Social Committee,                                                traditional trade flows, provision should be made for the
                                                                 sale to the departments, on terms equivalent to
                                                                 exemption from the levy, of products bought into inter-
Whereas, by Decision 89/687/EEC (»), the Council                 vention and, where appropriate, cereals available on the
adopted a programme of options specific to the remote            Community market;
and insular nature of the French overseas departments
(Poseidom) in accordance with the Community's policy
of assistance for the remoter regions; whereas the
                                                                 Whereas the purpose of the import arrangements
programme provides for measures to improve the
                                                                 introduced for the French overseas departments is to
conditions under which the agricultural products of the
                                                                 reduce production costs and consumer prices; whereas
departments are produced and marketed;
                                                                 their impact should therefore be monitored;
Whereas the exceptional geographical situation of the
French overseas departments in relation to the sources of        Whereas traditional livestock farming activities should be
supply of products used as inputs for the manufacture of         supported in order to meet local consumption needs;
certain essential foodstuffs      imposes costs which            whereas this objective may be pursued indirectly through
constitute a severe handicap to the industries concerned;        the financing of genetic improvement programmes
whereas this is true particularly in the case of cereals,        involving the purchase of pure-bred breeding animals,
which are not and cannot be produced in the French               through the grant of a supplementary premium for the
overseas departments, rendering them dependent on                fattening of adult male bovine animals for meat
external sources of supply; whereas this natural handicap        production, through aid to promote consumption of
can be remedied by arranging for supplies on more                fresh milk products and through measures concerning
favourable terms; whereas this may be achieved by                the supply of male bovine animals for fattening;
exemption from the levy on cereals imported into the
departments concerned;
                                                                 Whereas the undertaking made in the course of nego-
                                                                 tiations with the ACP States concerning the importation
                                                                 into Reunion of wheat bran from the ACP States should
O OJ No L 399, 30. 12. 1989, p. 39.                              be implemented;
 ---pagebreak--- 8.6.91                                Official Journal of the European Communities                             No C 149/7
Whereas in French Guiana, in the light of recent agri-          Whereas certain structural measures essential for the
cultural developments, specific measures should be taken        development of agriculture in the French overseas
to promote livestock production and rice cultivation;           departments are financed under the Community support
                                                                frameworks to promote the development and structural
                                                                adjustment of regions whose development is lagging
                                                                behind (Objective 1) pursuant to Articles 130a and 130c
Whereas provision should be made for a Community                of the Treaty; whereas the Commission has approved an
financial contribution towards the eradication of diseases      initiative (Regis) to encourage the economic devel-
specific to the French overseas departments; whereas, in        opment of the most remote regions, providing for the
the light of the exceptional animal health situation in         diversification of agricultural production, the upgrading
the departments, provision should also be made for              of traditional products and measures to reduce the risks
derogations from Council Directive 72/462/EEC of                associated with natural disasters;
12 December 1972 on health and veterinary inspection
problems upon importation of bovine animals and swine
and fresh meat from third countries (*), as last amended
by Directive 90/425/EEC (2);                                    Whereas banana cultivation            is of    fundamental
                                                                importance to the economies of certain French overseas
                                                                departments; whereas all the problems relating to banana
                                                                production are the subject of a Community study
Whereas the health of agricultural crops in the French          currently under way; whereas appropriate measures will
overseas departments is subject to particular problems          be taken on conclusion of the study,
associated with the climate and the inadequacy of the
control measures hitherto applied there; whereas
programmes should be implemented to combat harmful
organisms; whereas the Community's financial contri-            HAS ADOPTED THIS REGULATION:
bution towards such programmes should be specified;
                                                                                            Article 1
Whereas, in the fruit, vegetables, plants and floricultural     This Regulation lays down specific measures to remedy,
sector, measures should be taken to improve farm                in respect of certain agricultural products, the difficulties
productivity and product quality; whereas measures              caused by the remote and insular nature of the French
should also be taken to improve product marketing;              overseas departments, hereinafter referred to as the
                                                                'OD\
Whereas rum is a product of great economic importance
for the French overseas departments; whereas the                                            TITLE I
gradual abolition of certain benefits currently accorded
in respect of rum production would have a serious
impact on the earnings of the producers; whereas                Measures to promote the supply of cereals and the devel-
support measures should therefore be taken in respect of        opment of livestock farming in the O D and to develop
the cultivation of sugar cane and its processing into rum;                    rice cultivation in French Guiana
Whereas agricultural producers in the French overseas                                       Article 2
departments should be encouraged to supply quality
products and the marketing of these should be assisted;          1.    For each calendar year, the supply requirements of
whereas the creation of a graphic symbol and the                 the O D in cereals for animal feed and for human
promotion of such products, in their natural or processed        consumption shall be determined on the basis of data
form, could facilitate their marketing;                         provided by the French authorities.
                                                                 2.    The levies fixed pursuant to Article 13 (1) of
Whereas farms in the French overseas departments                 Council Regulation (EEC) No 2727/75 (3) shall not
present major structural weaknesses from which specific          apply, in respect of the quantities referred to in
difficulties derive; whereas a derogation is therefore           paragraph 1, to direct imports into the O D :
necessary from the rules which restrict or prohibit the
grant of certain forms of structural aid;
                                                                 (a) of cereals for animal feed from developing countries;
(') OJ No L 302, 31. 12. 1972, p. 28.
(2) OJ No L 224, 18. 8. 1990, p. 13.                             (3) OJ No L 281, 1. 11. 1975, p. 1.
 ---pagebreak--- N o C 149/8                            Official Journal of the European Communities                                    8.6.91
(b) of cereals for human consumption from the overseas           To ensure coverage of French Guiana's requirements in
     countries and territories or from the ACP States.           terms of quantity, price and quality, animal feed manu-
                                                                 factured from cereals processed in the rest of the
                                                                  Community shall be supplied on equivalent terms, for the
                                                                 end user.
In the event of exceptional cereals supply difficulties in
the O D , the levy exemption may be extended:
                                                                 2.      During the marketing years from 1991/92 to
                                                                  1995/96 flat-rate aid per hectare shall be granted for rice
                                                                 production in French Guiana. The amount of the aid shall
(a) to cereals for animal feed from other third countries;       be fixed with particular reference to soil preparation
                                                                 costs.
(b) to cereals for human consumption from developing             3.     The aid specified in Article 14 shall also be granted
     countries.                                                  in respect of the disposal and marketing in Guadeloupe
                                                                  and Martinique of rice produced in French Guiana, up
                                                                 to an annual quantity of 8 000 tonnes of wholly milled
                                                                 rice equivalent.
3.    To ensure coverage of the requirements referred to
in paragraph 1 in terms of quantity, price and quality,
supplies to the O D shall be effected through the mo-            4.     Within the limit of an annual quantity of 8 000
bilization, on equivalent terms, for the end user, of            tonnes, the levy fixed pursuant to Article 13 (1) of Regu-
Community cereals held in intervention storage and,              lation (EEC) No 2727/75 shall not be applied to imports
where appropriate, of cereals available on the                   into Reunion of wheat bran falling within C N code
Community market. The terms of supply shall be fixed             2302 30 from the ACP States.
with particular reference to the costs of the various
sources of supply.
                                                                  5.     In accordance with the procedure laid down, as
                                                                 appropriate, in Article 26 of Regulation (EEC) No
                                                                 2727/75 or Article 27 of Council Regulation (EEC) No
4.    Application of the measures provided for in para-           1418/76 ('), the following shall be determined:
graphs 2 and 3 shall be subject to the advantage derived
therefrom being actually passed on to the end user.              — the quantities covered by the arrangements provided
                                                                      for in paragraph 1 and the measures to ensure that
                                                                      the advantages granted are actually passed on to the
                                                                      end user,
5.    Notwithstanding Article 16 of Regulation (EEC)
No 2727/75, no refund shall be paid on exports of                — the amount         of   the    aid  per hectare   for  rice
cereals and cereal-based products from the O D .                      production,
                                                                 — the other detailed rules for the application of this
6.    Detailed rules for the application of this Article              Article.
shall be adopted in accordance with the procedure laid
down in Article 26 of Regulation (EEC) No 2727/75.               6.     At least six months before the end of the periods
They shall cover in particular the determination of the          referred to in paragraphs 1 and 2, the Commission shall
quantities referred to in paragraph 1, the application, if       present to the Council an evaluation of the implemen-
appropriate, of the provisions of paragraph 2, second            tation of the measures, together with any appropriate
subparagraph, and measures to ensure that the                    proposals.
advantages are actually passed on to the end user.
                                                                                             Article 4
                                                                  1.     Aid shall be granted for the supply to the O D of
                           Article 3
                                                                 the following products of Community origin:
 1.   During the 1991/92, 1992/93 and 1993/94
marketing years, in the case of French Guiana's animal            (a) pure-bred breeding animals of the bovine species
feed supply requirements, determined for each year on                  falling within C N code 0102 10 00;
the basis of data provided by the French authorities, the
levy fixed pursuant to Article 14 (1) of Regulation (EEC)         (b) pure-bred breeding swine falling within C N code
No 2727/75 shall not be applied to imports into French                 0103 10 00;
Guiana of products falling within C N codes 2309 90 31,
2309 90 33, 2309 90 41, 2309 90 43, 2309 90 51 and
2309 90 53 from developing countries or, in the event of
exceptional problems, from other third countries.                 C) OJ No L 166, 25. 6. 1976, p. 1.
 ---pagebreak--- 8. 6. 91                              Official Journal of the European Communities                            No C 149/9
(c) pure-bred breeding sheep and goats falling within           aid represents a supplement of ECU 40 per head to the
     CN codes 0104 10 10 and 0104 20 10;                        special premium provided for in Article 4a of Regulation
                                                                 (EEC) N o 805/68; the supplement may be granted in
                                                                respect of an animal of a minimum weight to be
(d) pure-bred breeding horses falling within C N code
                                                                determined in accordance with the procedure laid down
     0101 11 00;
                                                                in Article 8.
(e) pure-bred breeding rabbits falling within ex C N code
     0106 00 10;
                                                                                            Article 6
(f) multiplier or breeding chicks falling within ex CN          Aid shall be granted for the consumption of locally
     code 0105 11 00;                                           produced fresh cow's milk products, within the limit of
                                                                the consumption needs of the O D assessed on the basis
                                                                of data provided by the French authorities. The aid shall
(g) hatching eggs, other, for the production of multiplier      amount to ECU 5 per 100 kilograms of whole milk. It
     or breeding chicks falling within ex C N code              shall be paid to the dairies. Payment shall be subject to
     0407 00 19.                                                the benefit derived therefrom being actually passed on to
                                                                the consumer.
2.    The aid terms shall take account in particular of the
supply requirements of the O D with regard to           the
start-up of production. The aid shall be paid for       the                                 Article 7
delivery of animals and products which fulfil           the
                                                                During the period from 1991/92 to 1994/95:
requirements specified under Community rules.
3.    The aid shall be determined having regard to the           1. the customs duties and levies referred to in Article 9
following factors:                                                  of Regulation (EEC) No 805/68 shall not be applied
                                                                    to imports, for fattening purposes, of bovine animals
                                                                    from third countries for consumption in the O D ;
(a) the conditions of supply to the O D resulting from
     their geographical situation;
                                                                2. aid shall be granted for the supply, on equivalent
                                                                    terms, of the animals referred to in point 1 and orig-
(b) the price of products on the Community market and
                                                                    inating in the rest of the Community.
     on the world market;
(c) whether or not customs duties and/or levies are             The number of animals concerned under the measures
     charged on imports from third countries;                   referred to in the first paragraph shall be based on the
                                                                assessment of needs referred to in Article 5, determined
                                                                degressively to take account of the development of local
(d) the economic aspect of the aid envisaged.                   production. The number of animals in question and the
                                                                amount of the aid referred to in point 2 shall be
                                                                determined in accordance with the procedure laid down
4.     No refund shall be made in respect of exports from
                                                                in Article 8.
the O D of the products referred to in paragraph 1.
5.    The amounts of the aid referred to in paragraph 1         Not later than six months before the end of the 1994/95
and the detailed rules for the application of this Article      marketing year for beef and veal, the Commission shall
shall be determined in accordance with the procedure            present to the Council an evaluation of the measures
laid down, as appropriate, in Article 27 of Council             provided for in this Article, together with any appro-
Regulation (EEC) No 805/68 (1), or the corresponding            priate proposals.
Articles of the other Regulations on the common organ-
izations of the markets in the sectors concerned.
                                                                                            Article 8
                          Article 5                             The Commission, in accordance with the procedure laid
                                                                down, as the case may be, in Article 30 of Council
Aid shall be granted in support of traditional activities       Regulation (EEC) No 804/68 (2) or Article 27 of Regu-
connected with beef and veal production and measures            lation (EEC) No 805/68, shall adopt detailed rules for
to improve product quality, within the limit of the             the application of Articles 5, 6 and 7.
consumption needs of the O D assessed on the basis of
data provided by the French authorities. Such fattening
(') OJ No L 148, 28. 6. 1968, p. 24.                            (2) OJ No L 148, 28. 6. 1968, p. 13.
 ---pagebreak--- No C 149/10                             Official Journal of the European Communities                                   8.6.91
                           TITLE II                               Commission and conducted on its behalf by experts as
                                                                  referred to in Article 19a of Directive 77/93/EEC.
             Veterinary and plant health measures
                                                                                            TITLE III
                           Article 9
 1.    In Article 24 (1) of Council Decision 90/424/EEC
of 26 June 1990 on expenditure in the veterinary                  Measures to develop the fruit, vegetables, plants and
field ('), the following text is hereby added:                                           flowers sectors
     'or by the Commission in accordance with the
     procedure laid down in Article 41 with regard to the                                   Article 11
     eradication of certain diseases specific to the French
                                                                  In the fourth indent of Article 3 (2) of Council Regu-
     overseas departments'.
                                                                  lation (EEC) No 1360/78 of 19 June 1978 on producer
                                                                  groups and associations thereof (3), the following words
2.     The following Article 31a is hereby inserted in            are added before the words 'in the French overseas
Directive 72/462/EEC:                                             departments':
     'Article 31a
                                                                      'live trees and other plants; bulbs, roots and the like;
     The Commission may, in accordance with the                       cut flowers and ornamental foliage falling within
     procedure laid down in Article 29, derogate from this            Chapter 6 of the combined nomenclature; vanilla
     Directive with regard to imports into the French                 (CN code 0905 00 00); plants (CN code 1211)'.
     overseas departments.
    When the decisions provided for in the preceding                                        Article 12
     paragraph are taken, the rules applicable after
     importation shall be laid down in accordance with             1.    Aid per hectare shall be granted to producers and
     the same procedure.'                                         producer groups and organizations which undertake a
                                                                  programme of initiatives, approved by the competent
                                                                  authorities of the Member State, with a view to the
                          Article 10                              expansion of production and/or the improvement in the
                                                                  quality of the products listed in Chapters 6, 7 and 8 of
1.     The French authorities shall submit to the
                                                                  the combined nomenclature and of vanilla falling within
Commission programmes for the control of organisms
                                                                  CN code 0905 00 00, and of plants falling within CN
harmful to plants or plant products. The programmes
                                                                  code 1211. This aid shall not concern bananas.
shall specify in particular the objectives to be achieved,
the measures to be carried out, their duration and their
cost. The programmes submitted pursuant to this Article           The eligible initiatives shall seek in particular to
shall not concern protective measures for bananas.                introduce production methods that are suitable and
                                                                  effective against plant diseases and pests and to develop
2.     The Community shall contribute to the financing of         product quality through varietal conversion and cultural
such programmes on the basis of a technical analysis of           improvements. These initiatives shall form an integral
the situation.                                                    part of programmes conducted over at least three years.
3.     The financial participation of the Community and           The aid shall be granted for programmes covering a
the amount of the aid shall be decided in accordance              minimum area of 0,5 hectare.
with the procedure laid down in Article 17a of Council
Directive 77/93/EEC of 21 December 1977 on
protective measures against the introduction into the             2.     The amount of Community aid shall be ECU 500
Member States of organisms harmful to plants or plant             per hectare where the Member State provides official
products (2). The measures eligible for Community                 financing of at least ECU 300 per hectare and the contri-
financing shall be defined in accordance with the same            bution of the individual producer or group amounts to at
procedure.                                                        least ECU 200 per hectare. If the contributions of the
                                                                  Member State and the producers are less than the
Such participation may cover up      to 60 % of the eligible      amounts specified, the Community aid shall be reduced
expenditure. Payment shall be        made on the basis of         proportionately. The aid shall be paid each year of
documentation supplied by the         French authorities. If      execution of the programme, for three years.
necessary, investigations may        be organized by the
O OJ No L 224, 18. 8. 1990, p. 19.
O OJ No L 26, 31. 1. 1977, p. 20.                                 O OJ No L 166, 23. 6. 1978, p. 1.
 ---pagebreak--- 8. 6. 91                              Official Journal of the European Communities                            No C 149/11
3.     The aid shall be increased where the programme of        producers or producer groups or associations in those
initiatives is presented and carried out by a producer          departments and natural or legal persons established in
group or organization and where, for its implementation,        the rest of the Community, and where the partners
recourse to technical assistance is envisaged. The              undertake to pool the knowledge and knowhow required
additional aid shall be granted in respect of programmes        to achieve the objective of the enterprise over a minimum
involving a minimum area of 2 hectares. It shall amount         period of three years, the amount of the aid specified in
to ECU 100 per hectare.                                         paragraph 2 shall be increased to 13 % of the value of
                                                                the annual production marketed jointly.
                          Article 13
1.     The Community shall contribute up to a maximum                                     Article 15
of ECU 200 000 towards the financing of an economic             Detailed rules for the application of this Title shall be
analysis and forward study of the fruit and vegetable           adopted in accordance with the procedure laid down, as
processing industry in the O D , to be carried out on the       appropriate, in Article 33 of Council Regulation (EEC)
responsibility of the Member State concerned.                   No 1035/72 of 18 May 1972 on the common organ-
                                                                ization of the market in fruit and vegetables (l) or Article
                                                                 13 of Council Regulation (EEC) No 234/68 of 27
The study shall produce an economic and technical               February 1968 on the establishment of a common organ-
assessment of the sector; it shall pay particular attention     ization of the market in live trees and other plants, bulbs,
to supply data and processing costs and examine the             roots and the like, cut flowers and ornamental foliage (2).
conditions and scope for development and sales at
regional and international level, having regard to compe-
tition on the world market and the diversity of the O D .
It shall make          a specific    assessment    of   the     The rules for products not covered by the above market
pineapple-processing sector.                                    organizations shall be adopted in accordance with the
                                                                procedure laid down in Article 33 of Regulation (EEC)
                                                                 No 1035/72.
2.     The Commission shall adopt, on the basis of the
study referred to in paragraph 1, appropriate proposals
which it shall transmit to the Council before 1 January                                    TITLE IV
1993.
                                                                 Measures to promote sugar cane — sugar — rum
                          Article 14                                                      production
 1.    Community aid shall be granted for the conclusion
of annual contracts concerning the marketing and sale of
the products specified in Article 12 (1) and harvested in                                 Article 16
the O D to the remainder of the Community market or
on the world market. This aid shall be paid up to a limit        In so far as the French authorities submit a restructuring
of a volume of trade of 3 000 tonnes per product per            plan for the improvement of plantations and/or devel-
year per department. The contracts shall be concluded            opment of mechanization to strengthen the sugar cane
between individual producers or producer groups or              — sugar — rum sector, aid at a flat rate per hectare shall
associations and natural or legal persons established in        be granted for sugar cane cultivation.
the rest of the Community.
                                                                 The aid shall be paid to individual planters, planter
2.     The amount of the aid shall be 10 % of the value          groups or associations.
of the production marketed, free at destination.
                                                                 The Community shall finance the aid at the rate of 60 %
3.     The aid shall be granted to purchasers who
                                                                 of eligible expenditure where the official contribution of
undertake to market the O D products under the
                                                                 the Member State is at least 15 % ; if less, the
contracts referred to in paragraph 1.
                                                                 Community aid shall be reduced accordingly.
4.     Where the measures provided for in paragraph 1
are undertaken by joint ventures constituted, with the
aim of trading in the rest of the Community or on the            (1) OJ No L 118, 20. 5. 1972, p. 1.
world market products harvested in the O D , by                  (2) OJ N o L 55, 2. 3. 1968, p. 1.
 ---pagebreak--- N o C 149/12                           Official Journal of the European Communities                                    8.6.91
                         Article 17                              4.     The Community shall finance the production of the
                                                                 graphic symbol and its promotion.
1.    Aid shall be granted for the direct processing of
sugar cane into agricultural rum as defined in Article 1
(4) (a) (2) of Council Regulation (EEC) No 1576/89 (>).           5.    Detailed rules for the application of this Article
                                                                 shall be adopted, as necessary, in accordance with the
The aid shall be paid to the distiller on condition that he      procedure laid down in Article 33 of Regulation (EEC)
has paid to the sugar cane producer a minimum price to           No 1035/72, or the corresponding Articles of other
be determined.                                                   Regulations on the common organization of the markets.
2.    The aid referred to in paragraph 1 shall be granted                                  TITLE VI
within the limit of an overall quantity corresponding to
the average quantity of agricultural rum sold during the
three marketing years 1987/88, 1988/89 and 1989/90.                     Derogations applicable to structural measures
                         Article 18                                                        Article 20
Detailed rules for the application of this Title shall be         1.    Notwithstanding Articles 3, 4, and 8 of Council
adopted, and the level of the aid and of the minimum             Regulation (EEC) No 797/85 (3), investment aid for
price referred to in Article 17 (1) fixed, in accordance         agricultural holdings in the O D shall be granted on the
with the procedure laid down in Article 41 of Council            following conditions:
Regulation (EEC) No 1785/81 (2).
                                                                  (a) pig production shall not be subject to the conditions
When the decisions provided for in the first paragraph                specified in Article 3 (4);
are taken, account shall be taken in particular of the
production objectives in the context of the arrangements
                                                                  (b) with regard to eggs and poultry production, the
applicable to sugar and of the supply requirements of the
                                                                      prohibition referred to in Article 3 (5) shall not apply
O D markets.
                                                                      to family farms in so far as their size is in proportion
                                                                      to the need to ensure balanced development in those
                                                                      departments;
                         TITLE V
                                                                 (c) with regard to property investment, the value of the
Measures concerning the creation of a graphic symbol
                                                                      aid referred to in Article 4 (2) may be applied to
                                                                      other types of investment;
                         Article 19
                                                                 (d) notwithstanding Article 4 ( 1 ) , expenditure relating to
1.    A graphic symbol shall be introduced with a view to
                                                                      initial stock purchases of pigs and poultry may be
ensuring greater awareness and consumption of quality
                                                                      eligible under the system of investment aid specified
agricultural products, whether natural or processed,
                                                                      in Article 3(1).
specific to the O D as remote regions.
                                                                 The measures mentioned under (a), (b) and (d) shall
2.    The graphic symbol shall be chosen on the basis of         apply only in so far as livestock production is undertaken
an invitation to tender published by the Commission in           in a manner compatible with animal welfare and envi-
the Official Journal of the European Communities.                ronment protection requirements and provided that the
                                                                 production is for the domestic market of the departments
                                                                 concerned.
3.    The conditions of utilization of the symbol shall be
proposed by the trade organizations. The French auth-
orities shall forward such proposals, with their opinion,
                                                                 2.     Notwithstanding Article 13 of Regulation (EEC)
to the Commission for approval.
                                                                 No 797/85, the compensatory allowance referred to in
                                                                 Article 15 of that Regulation may be granted in the O D
The utilization of the symbol shall be monitored by an           for all crops, provided they are cultivated in a way
official authority or a body approved by the competent           compatible with environmental protection requirements
French authorities.                                              and subject to a maximum income per holding to be
                                                                 determined.
0) OJ No L 160, 12. 6. 1989, p. 1.
O OJ No L 177, 1. 7. 1981, p. 4.                                 (*) OJ No L 93, 30. 3. 1985, p. 1.
 ---pagebreak--- 8. 6. 91                               Official Journal of the European Communities                          No C 149/13
In addition, cows whose milk is intended for the                 from the corresponding provisions of Council Regulation
domestic market of the departments concerned may be              (EEC) No 867/90 (4) in order to extend the coverage of
taken into consideration for the calculation of the              these measures to essential imports from third countries,
compensatory allowance in all the areas in the O D               provided that the products processed or marketed are
specified in Article 3 (4) and (5) of Council Directive          intended exclusively for the domestic market in the O D .
75/268/EEC (1), up to a maximum number of 20
livestock units.
                                                                                          TITLE VII
3.    The Commission, in accordance with the procedure                                 Final provisions
laid down in Article 29 of Council Regulation (EEC) No
4253/88 (2):
                                                                                          Article 21
 (i) shall adopt the conditions of application of this
                                                                 The measures provided for in this Regulation, with the
     Article;                                                    exclusion of Articles 11 and 20, constitute aid designed
                                                                 to stabilize the agricultural markets within the meaning
(ii) may decide, on a reasoned request by the French             of Article 3 (1) of Regulation (EEC) No 729/70 (5).
     authorities:
     (a) to derogate from the investment ceiling referred                                 Article 22
         to in Article 5 of Regulation (EEC) No 797/85;
                                                                 This Regulation shall enter into force on 1 August 1991.
     (b) to derogate from the first paragraph of Article
          12 and the second indent of Article 13 of              This Regulation shall be binding in its entirety and
         Council Regulation (EEC) No 866/90 (3) and              directly applicable in all Member States.
0) OJ No L 128, 19. 5. 1975, p. 1.
(2) OJ No L 374, 31. 12. 1988, p. 1.                             (4) OJ No L 91, 6. 4. 1990, p. 7.
(3) OJ No L 91, 6. 4. 1990, p. 1.                                O OJ No L 94, 28. 4. 1970, p. 13.