Commission Regulation (EC) No 20/2002 of 28 December 2001 laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001
Modified by
Commission Regulation (EC) No 474/2002of 15 March 2002amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001, 32002R0474, March 16, 2002
Commission Regulation (EC) No 1215/2002of 5 July 2002amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001, 32002R1215, July 6, 2002
Commission Regulation (EC) No 1174/2003of 1 July 2003amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001, 32003R1174, July 2, 2003
Commission Regulation (EC) No 489/2004of 16 March 2004amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001, 32004R0489, March 17, 2004
Commission Regulation (EC) No 127/2005of 27 January 2005amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001, 32005R0127, January 28, 2005
Commission Regulation (EC) No 793/2006of 12 April 2006laying down certain detailed rules for applying Council Regulation (EC) 247/2006 laying down specific measures for agriculture in the outermost regions of the Union, 32006R0793, May 31, 2006
Commission Regulation (EC) No 20/2002of 28 December 2001laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1452/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the French overseas departments, amending Directive 72/462/EEC and repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91 (Poseidom)OJ L 198, 21.7.2001, p. 11., and in particular the second subparagraph of Article 3(5), Articles 3(6), 6(5), 7(2) and 22 and the second paragraph of Article 26 thereof,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)OJ L 198, 21.7.2001, p. 26., and in particular the second subparagraph of Article 3(5), the first and second subparagraphs of Article 3(6), Articles 4(5), 12(2) and 34 and the second paragraph of Article 38 thereof,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)OJ L 198, 21.7.2001, p. 45., and in particular the second subparagraph of Article 3(5), Articles 3(6) and 4(5), the first subparagraph of Article 7(2), Article 20 and the second paragraph of Article 24 thereof,Whereas:(1)Commission Regulation (EEC) No 131/92OJ L 15, 22.1.1992, p. 13., as last amended by Regulation (EC) No 1736/96OJ L 255, 6.9.1996, p. 3., Commission Regulation (EEC) No 1696/92OJ L 179, 1.7.1992, p. 6., as last amended by Regulation (EEC) No 2596/93OJ L 238, 23.9.1993, p. 24., and Commission Regulation (EC) No 2790/94OJ L 296, 17.11.1994, p. 23., as last amended by Regulation (EC) No 1620/1999OJ L 192, 24.7.1999, p. 19., laying down common detailed rules for implementing the specific arrangements for the supply of certain agricultural products to the French overseas departments, the Azores and Madeira and the Canary Islands, respectively, have been amended several times. Moreover, in view of the amendments made by Regulations (EC) Nos 1452/2001, 1453/2001 and 1454/2001 and of experience gained, in order to simplify the legislation, the three implementing Regulations should be recast in a single Regulation.(2)Detailed implementing rules should be laid down for drawing up and amending the forecast supply balances for products eligible under the specific supply arrangements.(3)Certain agricultural products which are exempt from import duties already require an import licence. In the interests of administrative simplification, the import licence should be used to support the arrangements for exemption from import duties.(4)A document should also be adopted to support the arrangements for exemption from import duties for other agricultural products which do not require an import licence. An exemption certificate, drawn up on the import licence form, should be used for this purpose.(5)Detailed rules should be laid down for fixing the amount of aid for the supply of products from the Community under the specific supply arrangements. Such rules should take account of the additional costs of supply to the outermost regions due to their remote and insular nature, which constitute a burden that severely handicaps them. In order to maintain the competitiveness of Community products, this aid should take account of the prices applied to exports.(6)The aid scheme for Community products may be administered using the import licence form, hereinafter called the "aid certificate", as an administrative support.(7)Administration of the specific supply arrangements requires detailed rules on the issue of the above document which derogate from the normal rules applicable to import licences under Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural productsOJ L 152, 24.6.2000, p. 1..(8)Administration of the specific supply arrangements has two objectives: firstly, to ensure the rapid issue of licences and certificates, in particular by no longer requiring a security to be lodged beforehand in all cases, and the rapid payment of the aid for supplies of Community products. The second objective is to ensure the control and monitoring of operations and to provide the administrative authorities with the instruments they need to ascertain whether the objectives of the scheme are being attained — these being, in particular, to ensure a regular supply of certain agricultural products and to offset the effects of the geographical situation of outermost regions by ensuring that the benefits of the scheme are actually passed on to the stage at which the products destined for the end users are placed on the market.(9)One of the above instruments consists of registering traders pursuing an economic activity in the context of the specific supply arrangements. Registered traders are entitled to the benefits of the scheme, provided they meet the obligations laid down in the Community and national rules. Applicants should be entitled to registration provided that they meet a certain number of objective requirements designed to facilitate administration of the scheme.(10)The detailed rules for administering the scheme must ensure that, for the quantities fixed in the forecast supply balance provided for in Regulations (EC) Nos 1452/2001, 1453/2001 and 1454/2001, registered traders obtain a licence or certificate for the products and quantities involved in the commercial transactions which they carry out on their own account, by presenting documents certifying that the operation is genuine and the application for a licence or certificate is in order.(11)Monitoring of operations qualifying under the scheme requires, inter alia, the period of validity of licences and certificates to be suited to the requirements of air or sea transport, proof to be furnished that the supply operation covered by the licence or certificate has been carried out in a short time-span, and the transfer of the rights and obligations conferred on the holder of the document in question to be prohibited.(12)The benefits granted in the form of exemption from import duties and aid for Community products must be passed on so that they are reflected in production costs and in the prices paid by the end users. Checks are therefore needed to ensure that the benefits are actually passed on.(13)Regulations (EC) Nos 1452/2001, 1453/2001 and 1454/2001 stipulate that products benefiting from the specific supply arrangements may not be re-exported to third countries or redispatched to the rest of the Community. However, those Regulations provide for a limited number of derogations to that principle, which vary according to the region concerned. Detailed rules should be laid down for checking how such derogations are used. In particular, the quantities of processed products which may be the subject of traditional exports or consignments from the Canary Islands, the Azores and Madeira and of traditional consignments from the French overseas departments should be determined on the basis of the average of exports and consignments during 1989, 1990 and 1991, before the Poseican, Poseima and Poseidom arrangements entered into force, as established by the competent authorities. The conditions for authorising re-exports to third countries of unprocessed products or packaged products resulting from local packaging of such products, as provided for in Regulation (EC) No 1454/2001, should also be laid down. Lastly, conditions should be laid down for authorising exports of products processed locally, as provided for in Regulations (EC) Nos 1452/2001 and 1453/2001, with a view to encouraging regional trade.(14)The import duty exemption arrangements for C sugar supplies to the Azores and Madeira and to the Canary Islands provided for in Commission Regulation (EEC) No 2177/92OJ L 217, 31.7.1992, p. 71. should continue to be applied during the period referred to in Article 10(1) of Council Regulation (EC) No 1260/2001OJ L 178, 30.6.2001, p. 1..(15)In order to protect consumers and the commercial interests of traders, products which are not of sound and fair marketable quality no later than the time when they are first placed on the market should not qualify for the specific supply arrangements and appropriate steps should be taken where this requirement is not met.(16)In the context of the partnership procedures in force for the outermost regions, the competent authorities should lay down the detailed administrative rules needed to ensure the management and monitoring of the scheme. Moreover, to ensure that the arrangements are properly monitored, rules are needed to specify the checks to be carried out. Administrative penalties to ensure the smooth functioning of the mechanisms implemented should therefore be defined.(17)In order to be able to assess how the arrangements are being implemented, the competent authorities should be required to make periodic communications to the Commission.(18)The application of some of the provisions of this Regulation should be delayed to allow the production of data needed to fix the minimum level of the aid and, for the French overseas departments and the Azores and Madeira, to allow the French and Portuguese authorities to comply with the new administrative requirements.(19)The measures laid down in this Regulation are in accordance with the opinions of all the Management Committees concerned,HAS ADOPTED THIS REGULATION: