COMMISSION REGULATION (EC) No 2883/94 of 28 November 1994 establishing a forecast balance for the supply to the Canary Islands of agricultural products covered by the specific measures provided for in Articles 2, 3, 4 and 5 of Council Regulation  (EEC) No 1601/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands (1), with regard to certain agricultural products, as amended by Commission Regulation (EC) No 1974/94 (2), and in particular
Articles 2, 3 (4), 4 (4), and 5 (2) thereof,
Whereas the measures, introduced by Regulation (EEC) No 1601/92, intended to offset as regards the supply of certain agricultural products, the geographical situation of the Canary Islands, consist of exemption from import duties (customs duties and  agricultural levies), and the grant of aid to encourage the delivery of agricultural products from the Community; whereas the arrangements include also aid for the supply of pure-bred breeding animals in order to develop the production potential of the  Islands;
Whereas in accordance with Article 2 of Regulation (EEC) No 1601/92 these arrangements include requirements for direct human consumption, and for processing and packaging in the Islands of products listed in the Annex to the aforementioned Regulation;  whereas an assessment of these requirements is made annually in the context of a forecast supply balance which can be revised in the course of the year in the light of developments in the requirements of the Islands; whereas the assessment of the  requirements of the processing and packaging industries, as regards products intended for the local market or traditionally dispatched to the rest of the Community, may result in the establishment of a separate forecast supply balance;
Whereas in the interest of clarity and transparency, as well as of standardizing the method of assessment, the forecast supply balance for the agricultural products covered by the different market sectors should be included in a single document;  furthermore, having regard to the specific needs of the processing and packaging industries, a separate supply balance for such uses should be established where necessary;
Whereas, in order to facilitate administration of the supply balance, a certain margin of flexibility in the allocation of the quantities fixed in the supply balance should be permitted, between certain headings, and between the part fixed for direct  consumption, and that for processing or packaging;
Whereas pending the outcome of an evaluation of the application of the specific supply arrangements for the Canary Islands, the forecast supply balances have on several occasions since 1 July 1994 been established for limited periods in the case of most  products;
Whereas in the interest of clarity, in parallel with the entry into force from 1 December 1994 of Commission Regulation (EC) No 2790/94 of 16 November 1994, laying down common detailed rules for implementation of the specific arrangements for the supply  of certain agricultural products to the Canary Islands (3), which constitutes a revision of Commission Regulation (EEC) No 1695/92 (4), as last amended by Regulation (EEC) No 2596/93 (5), a forecast supply balance for the products concerned should be  established covering the entire 12-month period from 1 July 1994 to 30 June 1995, incorporating where necessary the partial forecast supply balances hitherto adopted; whereas it should be recalled that as from 1 December 1994 the benefits of the  measures, whether by way of exemption from import charges or granting of aids, are realized in accordance with the rules prescribed in Regulation (EEC) No 1695/92;
Whereas it should be recalled also that in the sugar, wine and hops sectors, the current forecast supply balances have been established for the full 12-month period by Regulations (EC) No 1443/94 (6), (EC) No 1742/94 (7) and (EC) No 1818/94 (8)  respectively; whereas it is not necessary to include them in this Regulation in respect of the period from 1 July 1994 to 30 June 1995;
Whereas with a view to reinforcing the instruments available to the competent authorities in order to ensure the proper operation of the supply arrangements, a maximum quantity per certificate to be requested should be established where necessary to  avoid serious risks of disturbances on the Canary Islands market or to prevent the development of speculative actions prejudicial to the smooth functioning of the supply arrangements; whereas it is necessary therefore to amend Regulation (EC) No  2790/94;
Whereas the provisions of this Reguation should come into effect as from their publication, on the same date as that of the entry into force of Regulation (EC) No 2790/94;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committees concerned,
For the purpose of Articles 2, 3, 4 and 5 of Council Regulation (EEC) No 1601/92 the quantities in the forecast supply balance which shall benefit, as appropriate, from exemption from import charges in the case of products coming from third  countries, or from payment of Community aid in the case of products coming from the Community market, are as indicated in the Annexes. Where, as regards a particular product separate amounts are fixed in the forecast supply balance for direct  consumption, and for processing and/or packaging respectively, an adjustment in the breakdown as between the prescribed uses is permitted, within a limit of 20 % of the total quantity fixed for that product.
The following Article 8 (a) is inserted in Regulation (EC) No 2790/94:
'Article 8 (a)
Insofar as is strictly necessary to avoid disturbances on the Canary Islands market, or the pursuit of speculative actions prejudicial to the smooth functioning of the supply arrangements, the competent authorities shall fix a maximum quantity per  certificate to be requested.
The competent authorities shall notify immediately to the Commission the instances in which this Article is applied.'
This Regulation shall enter into force on 1 December 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.