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Document 02013R0228-20211207
Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006
Consolidated text: Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006
Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006
02013R0228 — EN — 07.12.2021 — 002.001
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REGULATION (EU) No 228/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 March 2013 (OJ L 078 20.3.2013, p. 23) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EU) 2016/2031 OF THE EUROPEAN PARLIAMENT OF THE COUNCIL of 26 October 2016 |
L 317 |
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23.11.2016 |
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REGULATION (EU) 2021/2117 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 2 December 2021 |
L 435 |
262 |
6.12.2021 |
REGULATION (EU) No 228/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 March 2013
laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006
CHAPTER I
SUBJECT MATTER AND OBJECTIVES
Article 1
Subject matter
This Regulation lays down specific measures for agriculture to mitigate the difficulties caused by extreme remoteness, specifically remoteness, isolation, small surface areas, terrain, difficult climate and economic dependence on a limited number of products of the regions of the Union referred to in Article 349 of the Treaty (‘the outermost regions’).
Article 2
Objectives
The specific measures referred to in Article 1 shall help to meet the following objectives:
guaranteed supply to the outermost regions of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs incurred due to their extreme remoteness, without harming local production and the growth thereof;
securing the long-term future and development of the ‘livestock’ and ‘crop-diversification’ sectors in the outermost regions, including the production, processing and sale of local products;
maintaining the development and strengthening the competitiveness of traditional agricultural activities in the outermost regions, including the production, processing and marketing of local crops and products.
CHAPTER II
POSEI PROGRAMMES
Article 3
Establishing the POSEI programmes
The measures provided for in Article 1 shall be defined for each outermost region by a Programme of Options Specifically Relating to Remoteness and Insularity (POSEI), (‘the POSEI programme’), comprising:
specific supply arrangements as provided for in Chapter III; and
specific measures to assist local agricultural production as provided for in Chapter IV.
Article 4
Compatibility and consistency
In particular, no measure under this Regulation shall be financed as:
additional support for premium or aid schemes under a common organisation of the market save in exceptional cases justified by objective criteria;
support for research projects, measures to support research projects or measures eligible for Union financing under Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field ( 1 );
support for measures within the scope of Regulation (EC) No 1698/2005.
Article 5
Content of the POSEI programmes
A POSEI programme shall comprise:
a schedule for the implementation of the measures and a general annual indicative financing table showing the resources to be deployed;
proof of the compatibility and consistency between the various measures under the programmes and with the criteria and quantitative indicators to be used for monitoring and evaluation;
the steps taken to ensure that the programmes are implemented effectively and appropriately, including the arrangements for publicity, monitoring and evaluation, and a specified set of quantified indicators for use in programme evaluation;
the designation of the competent authorities and bodies responsible for implementing the programme and the designation at the appropriate levels of authorities or associated bodies and socio-economic partners, and the results of consultations held.
Article 6
Approval and amendments of the POSEI programmes
Each programme comprises a forecast supply balance indicating the products, the quantities thereof and the amount of aid for supply from the Union together with a draft programme of support for local production.
Article 7
Amendments regarding the financial allocations
By 22 April 2013, Member States shall submit to the Commission the draft amendments to their POSEI programmes to reflect the changes introduced by Article 30(5).
These amendments shall become applicable one month after their submission if during this period the Commission raises no objections.
The competent authorities shall pay the aid referred to in Article 30(5) not later than 30 June 2013.
Article 8
Monitoring and follow-up
The Member States shall conduct verifications by means of administrative and on-the-spot checks. The Commission shall adopt implementing acts regarding the minimum characteristics of the checks to be carried out by the Member States.
The Commission shall also adopt implementing acts regarding the procedures and physical and financial indicators in order to ensure that the implementation of the programmes is monitored in an effective manner.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
CHAPTER III
SPECIFIC SUPPLY ARRANGEMENTS
Article 9
Forecast supply balance
A separate forecast balance may be drawn up for the requirements of undertakings packaging and processing products intended for the local market for traditional consignment to the rest of the Union or for export as part of regional trade, in accordance with Article 14(3), or within the context of traditional trade flows.
Article 10
Operation of the specific supply arrangements
Products which have entered the Union’s customs territory under inward processing or customs warehousing arrangements shall be considered to be direct imports from third countries for the purposes of this Chapter.
Such aid shall be determined for each type of product concerned, taking account of the additional cost of transport to the outermost regions and the prices applied to exports to third countries and, in the case of products intended for processing or agricultural inputs, other additional costs associated with extreme remoteness, and in particular their insularity and small surface areas.
Article 11
Implementation
In implementing the specific supply arrangements, account shall be taken, in particular, of the following:
the specific requirements of the outermost regions and, in the case of products intended for processing and agricultural inputs, the quality requirements;
trade flows with the rest of the Union;
the economic aspect of the proposed aid;
the need to ensure that existing local production is neither destabilised, nor obstructed in its development.
Article 12
Certificates
Certificates shall be issued only to operators entered in a register held by the competent authorities.
Licences and certificates shall not be transferable.
The Commission shall be empowered to adopt delegated acts, in accordance with Article 33, determining the conditions for recording operators in the register and providing for the full exercise by operators of their rights to participate in the specific supply arrangements.
Article 13
Impact of advantage
The advantage referred to in the first subparagraph shall be equal to the amount of the exemption from import duties or to the amount of the aid.
Article 14
Export to third countries and dispatch to the rest of the Union
Exports to third countries of products covered by the specific supply arrangements shall not be subject to the presentation of a certificate.
The first subparagraph shall not apply to trade flows between French overseas departments.
The first subparagraph of paragraph 1 shall not apply to products processed in the outermost regions from products that have benefited from the specific supply arrangements which are:
exported to third countries or dispatched to the rest of the Union within the limits of traditional exports and traditional dispatches. The Commission shall adopt implementing acts establishing those amounts, on the basis of dispatches or export average figures, taking as a reference the verified average figures for the three best years between 2005 and 2012. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2);
exported to third countries as part of regional trade;
dispatched between the regions of the Azores, Madeira and the Canary Islands;
dispatched between French overseas departments.
No export refund shall be granted on the export of products referred to in points (a) and (b) of the first subparagraph.
Exports to third countries of products referred to in points (a) and (b) of the first subparagraph shall not be subject to the presentation of a certificate.
By way of derogation from paragraph 2, first subparagraph, point (a), the following maximum quantities of sugar (CN code 1701 ) may be dispatched annually from the Azores to the rest of the Union in the following five years:
— |
in 2011 : 3 000 tonnes, |
— |
in 2012 : 2 500 tonnes, |
— |
in 2013 : 2 000 tonnes, |
— |
in 2014 : 1 500 tonnes, |
— |
in 2015 : 1 000 tonnes. |
Article 15
Sugar
During the period established in Article 204(2) and (3) of Regulation (EC) No 1234/2007, the non-quota production referred to in Article 61 of that Regulation shall be exempt from import duties subject to the forecast supply balance referred to in Article 9 of this Regulation in respect of:
sugar brought for consumption to Madeira or the Canary Islands in the form of white sugar falling within CN code 1701 ;
sugar refined and consumed in the Azores in the form of raw sugar falling within CN code 1701 12 10 (raw beet sugar).
When determining the Azores’ raw sugar requirements, account shall be taken of the development of local production of sugar beet. The quantities covered by the supply arrangements shall be determined so as to ensure that the total volume of sugar refined in the Azores each year does not exceed 10 000 tonnes.
Article 16
Skimmed milk powder
By way of derogation from Article 9 above, the Canary Islands may continue to receive supplies of skimmed milk powder falling within CN code 1901 90 99 (skimmed milk powder containing vegetable fat) meant for industrial processing, subject to a limit of 800 tonnes per year. Aid granted for supplies of this product from the Union may not exceed EUR 210 per tonne and shall be included in the limit laid down in Article 30. This product shall be used for local consumption only.
Article 17
Rice
No customs duties shall be charged in the French overseas department of Réunion on products falling within CN codes 1006 10 , 1006 20 and 1006 40 00 imported for consumption there.
Article 18
Controls and penalties
The Commission shall adopt implementing acts regarding the minimum characteristics of the checks to be carried out by the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Except in cases of force majeure or exceptional climatic conditions, if an operator, as referred to in Article 12, fails to comply with the commitments made in accordance with Article 12, the competent authority, without prejudice to any penalties applicable under national law, shall:
recover the advantage granted to operator;
temporarily suspend or revoke the operator’s registration, depending on the seriousness of the non-compliance.
The competent authority shall adopt the measures required to reutilise any quantities of products made available as a result of non-execution, partial execution or cancellation of the licenses and certificates issued or recovery of the advantage.
CHAPTER IV
MEASURES TO ASSIST LOCAL AGRICULTURAL PRODUCTS
Article 19
Measures
The parts of the programme which include measures to assist local agricultural production and which correspond to the objectives set out in Article 2 shall comprise at least the following elements:
a quantified description of the current situation of the agricultural production in question, taking into account the results of available evaluations, showing disparities, gaps and potential for development, the financial resources deployed and the primary results of measures taken previously;
a description of the strategy proposed, the priorities selected, its quantified general and operational objectives, and an appraisal showing the expected economic, environmental and social impact, including employment effects;
a description of the measures envisaged, and in particular aid schemes for implementing them, and, where appropriate, information on the need for any studies, demonstration projects, training or technical assistance operations relating to the preparation, implementation or adaptation of the measures concerned;
a list of the aid constituting direct payments in accordance with Article 2(d) of Regulation (EC) No 73/2009;
the aid amount established for each measure and the provisional amount for each action in order to achieve one or more objectives for the programme.
Each measure may include a variety of actions. For each action, the programme shall define at least the following elements:
the beneficiaries;
the eligibility conditions;
the unit amount of aid.
In order to support the marketing of products outside a region in which they are produced, the Commission shall be empowered to adopt delegated acts, in accordance with Article 33, regarding the conditions for establishing the amount of aid awarded in respect of such marketing and, where appropriate, the conditions for establishing the quantities of products subject to this aid.
Article 20
Controls and wrongful payments
CHAPTER V
ACCOMPANYING MEASURES
Article 21
Logo
Use of the logo shall be monitored by a public authority or a body approved by the competent national authorities.
Article 22
Rural development
Article 22a
Interbranch agreements in Réunion
Article 23
State aid
France shall inform the Commission within 30 days of the end of each marketing year of the amount of aid actually granted.
Article 24
Plant health programmes
The Commission shall evaluate the programmes submitted. The Commission shall adopt implementing acts to approve or not approve those programmes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Such contribution may cover up to 75 % of eligible expenditure. Payment shall be made on the basis of documentation provided by Member States. If necessary, checks may be organised by the Commission and conducted on its behalf by the experts referred to in Article 21 of Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ( 6 ).
Union financing of the programmes for the control of pests in the outermost regions of the Union shall be implemented in accordance with Regulation (EU) No 652/2014 of the European Parliament and of the Council ( 7 ).
The Commission shall adopt implementing acts in respect of each region and programme, on the basis of the criteria fixed in paragraph 2 and the programme presented in accordance with paragraph 1, establishing:
the financial participation of the Union, as well as the amount of the aid;
the measures eligible for Union financing.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Article 25
Wine
Portugal shall gradually cease harvesting the parcels planted using the vine varieties referred to in point (b) of the second subparagraph of Article 120a(2) of Regulation (EC) No 1234/2007 with, if necessary, the supports provided for in Article 103q of that Regulation.
Article 26
Milk
The surplus levy shall be due on quantities exceeding the quota thus increased by the percentage referred to in the third subparagraph, after reallocation of the unused quantities within the margin resulting from this increase among all the producers within the meaning of Article 65(c) of Regulation (EC) No 1234/2007 established and producing in the Azores, and in proportion to the reference quantity available to each producer.
The percentage referred to in the first subparagraph shall be equal to the ratio between the quantity of 23 000 tonnes from the 2005/2006 marketing year onwards and the total of the reference quantities available on each holding on 31 March 2010. It shall apply only to the quota available on 31 March 2010.
The method by which the UHT milk thus reconstituted has been obtained shall be clearly indicated on the sales labelling.
Article 27
Cattle farming
Article 13 and Article 14(1) shall apply to animals qualifying for the exemption referred to in the first subparagraph of this paragraph.
The Commission shall be empowered to adopt delegated acts, in accordance with Article 33, laying down the conditions for the exemption from import duties. Those conditions shall take into account the specific local features of the beef sector and industry.
Article 28
State aid for tobacco production
Spain is authorised to award aid concerning the production of tobacco in the Canary Islands. The granting of this aid may not result in discrimination between producers in the islands.
The amount of the aid may not exceed EUR 2 980,62 per tonne. The additional aid shall be granted for up to 10 tonnes each year.
Article 29
Exemption of tobacco from customs duties
No customs duties shall be applied to direct imports into the Canary Islands of raw and semi-manufactured tobacco falling, respectively, within:
CN code 2401 ; and
the following subheadings:
The exemption provided for in the first subparagraph is granted by means of the certificates referred to in Article 12.
This exemption applies to the products referred to in the first subparagraph, meant to be processed in the Canary Islands in order to produce manufactured products ready for smoking, subject to an annual import limit of 20 000 tonnes of raw stripped tobacco equivalent.
CHAPTER VI
FINANCIAL PROVISIONS
Article 30
Financial resources
The measures provided for in this Regulation shall constitute intervention intended to stabilise the agricultural markets within the meaning of Article 3(1)(b) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy ( 8 ), with the exception of the measures provided for in:
Article 22; and
Article 24, from the date of application of the multiannual financial framework for the years 2014-2020.
In respect of each financial year, the Union shall finance the measures provided for in Chapters III and IV, up to an annual sum equivalent to:
— |
in the French overseas departments: EUR 278,41 million |
— |
Azores and Madeira: EUR 106,21 million |
— |
Canary Islands: EUR 268,42 million |
The sums allocated for each financial year to finance the measures provided for in Chapter III may not exceed the following amounts:
— |
in the French overseas departments: EUR 26,9 million |
— |
Azores and Madeira: EUR 21,2 million |
— |
Canary Islands: EUR 72,7 million |
The Commission shall adopt implementing acts establishing the requirements in accordance with which Member States may amend the allocation of resources allocated each year to the various products benefiting from the specific supply arrangements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
For the financial year 2013, the Union shall grant an additional financing for the banana sector of the outermost regions up to the maximum amounts as follows:
— |
in the French overseas departments: EUR 18,52 million |
— |
Azores and Madeira: EUR 1,24 million |
— |
Canary Islands: EUR 20,24 million |
CHAPTER VII
GENERAL AND FINAL PROVISIONS
Article 31
National measures
Member States shall take the measures necessary to ensure compliance with this Regulation, particularly as regards checks and administrative penalties, and shall inform the Commission thereof.
Article 32
Communications and reports
Article 33
Exercise of the delegation
Article 34
Committee procedure
Article 35
Review
The Commission shall review these arrangements before the end of 2013, in view of their overall effectiveness and the new CAP policy framework, and if necessary come forward with appropriate proposals for a revised POSEI scheme.
Article 36
Repeal
Regulation (EC) No 247/2006 is hereby repealed.
References made to the repealed Regulation shall be construed as being made to this Regulation and shall be read in accordance with the correlation table set out in the Annex.
Article 37
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Correlation table
Regulation (EC) No 247/2006 |
This Regulation |
Article 1 |
Article 1 |
Article 2 |
Article 9 |
Article 3(1) and (2) |
Article 10(1) and (2) |
— |
Article 10(3) |
— |
Article 10(4) |
Article 3(3) |
Article 11 |
Article 3(4) |
Article 13 |
Article 4(1) and (2) |
Article 14(1) and (2) |
— |
Article 14(3) |
— |
Article 14(4) |
Article 4(3) |
Article 14(5) |
Article 5 |
Article 15 |
Article 6 |
Article 16 |
Article 7 |
Article 17 |
Article 8 last sentence |
Article 12(3) |
Article 9(1) and Article 10 |
Article 19(1) |
Article 9(2) and (3) |
Article 3 |
Article 11 |
Article 4 |
Article 12(a), (b) and (c) |
Article 19(2)(a), (b) and (c) |
Article 12(d), (e), (f), (g) |
Article 5 |
Article 13 |
Article 8 second paragraph |
Article 14 |
Article 21 |
Article 15 |
Article 22 |
Article 16 |
Article 23 |
Article 17 |
Article 24 |
Article 18 |
Article 25 |
Article 19 |
Article 26 |
Article 20 |
Article 27 |
Article 21 |
Article 28 |
Article 22 |
Article 29 |
Article 23 |
Article 30 |
Article 24 |
Article 6 |
Article 27 |
Article 31 |
Article 28 |
Article 32 |
Article 29 |
Article 36 |
Article 33 |
Article 37 |
( 1 ) OJ L 155, 18.6.2009, p. 30.
( 2 ) OJ L 256, 7.9.1987, p. 1.
( 3 ) OJ L 114, 26.4.2008, p. 3.
( 4 ) OJ L 316, 2.12.2009, p. 65.
( 5 ) OJ L 214, 4.8.2006, p. 7.
( 6 ) OJ L 169, 10.7.2000, p. 1.
( 7 ) Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).
( 8 ) OJ L 209, 11.8.2005, p. 1.
( 9 ) OJ L 340, 9.12.1976, p. 25.