Commission Implementing Regulation (EU) No 181/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 229/2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands
Modified by
  • Commission Implementing Regulation (EU) 2018/916of 27 June 2018amending Implementing Regulation (EU) No 181/2014 as regards certain provisions on checks, notifications and annual reporting and on amendments to the programme for the smaller Aegean islands, 32018R0916, June 28, 2018
Commission Implementing Regulation (EU) No 181/2014of 20 February 2014laying down rules for the application of Regulation (EU) No 229/2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands CHAPTER ISPECIFIC SUPPLY ARRANGEMENTSSECTION 1Forecast supply balances
Article 1Purpose of forecast supply balances and amendments theretoThe forecast supply balances to be established by Greece in accordance with Article 8(2) of Regulation (EU) No 229/2013 shall state the quantities of essential products needed to meet the supply requirements of the smaller Aegean Islands (hereinafter referred to as "smaller islands") every calendar year.Greece may amend its forecast supply balance. Article 32 of this Regulation shall apply mutatis mutandis to such amendments.
SECTION 2Functioning of the supply arrangements
Article 2Fixing and granting of aid1.For the purposes of Article 9(1) of Regulation (EU) No 229/2013, Greece shall determine within the context of the programme the amount of the aid to be granted for each product in order to compensate for remoteness, insularity and distant location, taking into account:(a)the specific needs of the smaller islands and the precise quality requirements;(b)traditional trade flows with ports in mainland Greece and between the islands in the Aegean Sea;(c)the economic aspect of the proposed aid;(d)where applicable, the need not to obstruct the potential development of local products;(e)as regards specific additional transport costs, the intermediate reloading costs involved in supplying goods to the smaller islands;(f)as regards the specific additional costs involved in local processing, the small size of the market and the need to guarantee security of supply for goods in the smaller islands concerned.2.No aid shall be granted for the supply of products in a smaller island which has already benefited from the specific supply arrangements in another smaller island.
Article 3Aid certificate and payment1.Aid shall be granted on presentation of a certificate, (hereinafter referred to as "aid certificate"), which has been fully utilised.Presenting an aid certificate to the authorities responsible for making payments shall be tantamount to applying for the aid. Except in cases of force majeure or exceptional climatic conditions, certificates shall be presented within 30 days of the date on which they are charged. Where that time limit is overrun, the aid shall be reduced by 5 % per day of delay.The aid shall be paid by the competent authorities not later than 90 days after the date on which the utilised certificate is lodged, except in one of the following cases:(a)force majeure or exceptional climatic conditions;(b)where an administrative enquiry has been opened concerning entitlement to the aid; in such cases, payment shall take place only after entitlement has been recognised.2.Aid certificates shall be drawn up on the basis of the specimen import licence set out in Annex I to Commission Implementing Regulation (EU) 2016/1239Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44)..Article 4 of Commission Delegated Regulation (EU) 2016/1237Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 (OJ L 206, 30.7.2016, p. 1). and Articles 2 and 3, Article 4(1), Articles 5 and 7 and 13 to 16 of Implementing Regulation (EU) 2016/1239 shall apply mutatis mutandis, without prejudice to this Regulation.The negative tolerance provided for in Article 5(4) of Delegated Regulation (EU) 2016/1237 and Article 8(1) of Implementing Regulation (EU) 2016/1239 shall apply mutatis mutandis.3.The entry "aid certificate" shall be printed or stamped in box 20 (special particulars) of the certificate.4.Boxes 7 and 8 of the certificate shall be struck out.5.Box 12 of aid certificates shall show the last day of validity.6.The amount of the aid applicable shall be that in force on the day on which the application for the aid certificate was lodged.7.The competent authority shall issue aid certificates at the request of the parties concerned, subject to the limits of the forecast supply balances.
Article 4Passing on the advantage to the end-userFor the purposes of Article 12(1) of Regulation (EU) No 229/2013, the competent authorities shall take all appropriate measures to check that the advantage is actually passed on to the end-user. In doing so, they may assess the trading margins and prices applied by the various operators concerned.The measures referred to in the first paragraph, and in particular the control points used to determine whether the aid has been passed on, and any amendments made, shall be notified to the Commission in the context of the annual implementation report provided for in Article 20(2) of Regulation (EU) No 229/2013.
Article 5Register of operators1.In order to be eligible for entry in the register referred to in the second subparagraph of Article 11(1) of Regulation (EU) No 229/2013, operators shall undertake to:(a)communicate to the competent authorities, at their request, all relevant information about their commercial activities, particularly regarding the prices and profit margins they practise;(b)operate exclusively in their own name and on their own account;(c)submit certificate applications commensurate with their real capacity to dispose of the products concerned, such capacity being proven by reference to objective factors;(d)refrain from acting in any way likely to create artificial shortages of products and from marketing the available products at artificially low prices;(e)ensure to the satisfaction of the competent authorities that, when the agricultural products are disposed of in the smaller islands, the advantage is passed on to the end-user.2.Operators intending to dispatch to the rest of the Union or export to third countries unprocessed, processed or packaged products under the conditions referred to in Article 11 shall, at the time of applying for entry in the register or later, declare their intention to engage in this activity and indicate the location of the packaging plant where applicable.3.Processors intending to export to third countries or dispatch to the rest of the Union processed products under the conditions referred to in Article 11 or 12 shall, at the time of applying for entry in the register or later, declare their intention to engage in this activity, indicate the location of the processing plant and, where applicable, provide analytical lists of the processed products.
Article 6Documents to be presented by operators and validity of aid certificates1.The competent authorities shall accept the aid-certificate application presented by operators for each consignment, provided that they are accompanied by the original or a certified copy of the purchase invoice.The purchase invoice, bill of lading or airway bill shall be drawn up in the name of the applicant.2.The period of validity of certificates shall be 45 days. The validity period may be extended by the competent authority in special cases where serious and unforeseeable difficulties affect the transportation time, but may not exceed two months from the date on which the certificate was issued.
Article 7Presentation of certificates and goods1.For products covered by the specific supply arrangements aid certificates shall be presented to the competent authorities within no more than 15 working days from the date of the authorisation for unloading the goods. The competent authorities may reduce this maximum time.2.The goods shall be presented in bulk or in separate lots corresponding to the certificate presented.
Article 8Quality of productsConformity of the products with the requirements laid down in Article 9(2) of Regulation (EU) No 229/2013 shall be examined no later than the stage of first marketing, in accordance with the standards or practices in force in the Union.Where a product is considered not to meet the requirements laid down in Article 9(2) of Regulation (EU) No 229/2013, its entitlement under the specific supply arrangements shall be withdrawn and the corresponding quantity shall be reattributed to the forecast supply balance.Where aid has been granted in accordance with Article 3 of this Regulation, the aid shall be reimbursed.
Article 9Significant increases in application for aid certificates1.If the state of execution of a forecast supply balance indicates a significant increase in applications for aid certificates for a given product which might jeopardise achievement of one or more of the objectives of the specific supply arrangements, Greece shall take all necessary measures, after having consulted the authorities concerned, to ensure that the smaller islands are supplied with essential products, taking account of available supply and the requirements of the priority sectors.2.Where, after having consulted the authorities concerned, Greece decides to apply restrictions on the issue of certificates, the competent authorities shall apply a uniform reduction percentage to all pending applications.
Article 10Fixing a maximum quantity per certificate applicationInsofar as is strictly necessary to avoid disturbances on the market in the smaller islands, or the pursuit of speculative actions likely to be prejudicial to the smooth functioning of the specific supply arrangements, the competent authorities may fix a maximum quantity per certificate application.The competent authorities shall notify the Commission immediately of the instances in which this Article is applied.The notification referred to in this Article shall be made in accordance with Commission Delegated Regulation (EU) 2017/1183Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100). and Commission Implementing Regulation (EU) 2017/1185Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113)..
SECTION 3Export and dispatch
Article 11Conditions of export or dispatch1.The export and dispatch of unprocessed products which have benefited from the specific supply arrangements, or packaged or processed products containing products which have benefited from the specific supply arrangements, shall be subject to the requirements laid down in paragraphs 2 and 3.2.Quantities of products which have benefited from aid and are exported or dispatched shall be reattributed to the forecast supply balance and the aid granted shall be reimbursed by the exporter or consignor by the time of export or dispatch at the latest.Those products shall not be dispatched or exported until the reimbursement referred to in the first subparagraph has been made.Where it is impossible to establish the amount of aid granted, the products shall be considered to have received the highest rate of aid fixed by the Union for such products during the six-month period preceding the submission of the application for export or dispatch.Such products may benefit from an export refund, provided that the criteria for granting such a refund are met.3.The competent authorities shall authorise the export or dispatch of quantities of processed products other than those referred to in paragraph 2 and in Article 12 only where the processor or exporter certifies that the products concerned do not contain raw materials introduced under the specific supply arrangements.The competent authorities shall authorise the re-export or re-dispatch of unprocessed products or packaged products other than those referred to in paragraph 2 only where the consignor certifies that those products have not benefited from specific supply arrangements.The competent authorities shall carry out the necessary checks to ensure the accuracy of the certificates referred to in the first and second subparagraphs and shall, if necessary, recover the advantage.
Article 12Traditional exports and traditional dispatches of processed products1.Processors who have declared, in accordance with Article 5(3), that they intend to export or to dispatch in the context of traditional trade flows, as referred to in Article 13(2) of Regulation (EU) No 229/2013, processed products containing raw materials which have benefited from specific supply arrangements may do so within the limits of the annual quantities indicated in Annex I to this Regulation. The competent authorities shall deliver the requisite authorisations in such a way as to ensure that transactions do not exceed those annual quantities.2.The export of products referred to in paragraph 1 shall not be subject to the presentation of an export licence.
SECTION 4Management, controls and monitoring
Article 13Checks1.The administrative checks carried out on the, entry, export and dispatch of agricultural products shall be exhaustive and shall involve cross-checks with the documents referred to in Article 6(1).2.The physical checks carried out in the smaller Aegean islands on the entry of agricultural products shall involve a representative sample amounting to at least 5 % of the certificates presented in accordance with Article 7.The physical checks carried out in the smaller Aegean islands on the export or dispatch provided for in Section 3 shall involve a representative sample of at least 5 % of the operations, based on the risk profiles established by Greece.Commission Regulation (EC) No 1276/2008Commission Regulation (EC) No 1276/2008 of 17 December 2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts (OJ L 339, 18.12.2008, p. 53). shall apply mutatis mutandis to those physical checks.In addition, in special cases the Commission may request that physical checks cover different percentages.
Article 14National management and monitoring rulesThe competent authorities shall adopt the additional rules needed to manage and monitor the specific supply arrangements in real time.Upon request of the Commission, they shall notify the Commission of any measures they intend to implement pursuant to the first paragraph.
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