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20.3.2013 Official
Journal
of
the
European
Union L
78/23
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) In
order
to
achieve
more
effectively
the
objectives
of
the
EUROPEAN UNION,
scheme promoting the Union’s outermost regions, the
POSEI programmes should include measures which
ensure the supply of agricultural products and the pres
Having regard to the Treaty on the Functioning of the European
ervation and development of local agricultural
Union, and in particular the first paragraph of Article 42,
production. The level of programming for the regions
Article 43(2) and Article 349 thereof,
concerned needs to be harmonised and the policy of
partnership between the Commission and the Member
States needs to become systematic.
Having regard to the proposal from the European Commission,
(5) In
keeping
with
the
principle
of
subsidiarity
and
in
order
After transmission of the draft legislative act to the national
to ensure flexibility, the two principles which form the
parliaments,
basis of the programming approach adopted for the
scheme promoting the Union’s outermost regions, the
authorities appointed by the Member State may
Having regard to the opinion of the European Economic and
propose amendments to the programme to bring it
Social Committee ( 1 ),
into line with the reality of the situation in the
outermost regions. It should be possible for these auth
orities to modify the POSEI programmes, in accordance
Acting in accordance with the ordinary legislative procedure ( 2 ),
with the principle of administrative simplification,
provided that they do not thereby jeopardise the effec
tiveness of the POSEI programmes and the corresponding
Whereas:
financial resources allocated to them. Also in keeping
with this approach, the procedure for amending the
programmes should be adapted to reflect the level of
(1) Specific
measures
in
the
agricultural
sector
to
remedy
the
relevance of each type of amendment.
difficulties caused by the specific situation facing the
Union’s outermost regions, as referred to in Article 349
of the Treaty on the Functioning of the European Union
(6) In
order
to
ensure
the
supply
of
essential
agricultural
(‘the Treaty’), have been established by Council Regu
products to the outermost regions and to compensate
lation (EC) No 247/2006 ( 3 ). Those measures have been
for the additional costs caused by their extreme
implemented by means of support programmes for each
remoteness, it is appropriate to introduce a specific
region, which constitute an essential tool for supplying
supply arrangement. In fact, the exceptional geographical
such regions with agricultural products. In view of the
situation of the outermost regions results in additional
need to update the current measures, including as a result
transport costs for supplying products which are essential
of the entry into force of the Treaty of Lisbon, it is
for human consumption, for processing or as agricultural
necessary to repeal Regulation (EC) No 247/2006 and
inputs. In addition, other objective factors linked to these
replace it with a new Regulation.
regions’ extreme remoteness, and in particular their insu
larity and small surface areas, lead to further constraints
on economic operators and producers in the outermost
(2) The
fundamental
objectives
which
the
scheme
promoting
regions that severely handicap their activities. Those
the Union’s outermost regions will help to achieve need
handicaps can be alleviated by lowering the price of
to be specified.
those essential products. The specific supply arrangement
should, however, under no circumstances damage local
products and their development.
(3) It is also necessary to specify the content of the
Programmes of Options Specifically Relating to
Remoteness and Insularity (‘POSEI programmes’) which,
in accordance with the principle of subsidiarity, should
(7) To
that
end,
notwithstanding
Article
28
of
the
Treaty,
be established by the Member States concerned at the
imports of certain agricultural products from third
most appropriate geographical level and submitted by
countries should be exempt from the applicable import
the Member States to the Commission for approval.
duties. To take account of their origin and the customs
treatment accorded to them under Union law, products
which have entered the Union’s customs territory under
( 1 ) OJ C 107, 6.4.2011, p. 33.
inward-processing or customs-warehousing arrangements
( 2 ) Position of the European Parliament of 5 February 2013 (not yet
should, for the purpose of granting the benefits of the
published in the Official Journal) and decision of the Council of
25 February 2013.
specific supply arrangements, be considered to be direct
( 3 ) OJ L 42, 14.2.2006, p. 1.
imports.

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L 78/24
EN
Official Journal of the European Union
20.3.2013
(8) In
order
to
achieve
in
an
effective
manner
the
goal
of
the outermost regions, those arrangements should not
lowering prices in the outermost regions, mitigating the
impair the proper functioning of the internal market.
additional costs of their extreme remoteness, aid should
Nor should the economic advantages of the specific
be granted for the supply of Union products to the
supply arrangements lead to diversions of trade in the
outermost regions. Such aid should take account of the
products concerned. The dispatch or export of those
additional cost of transport to these regions and the cost
products from the outermost regions should therefore
of exports to third countries and, in the case of agri
be prohibited. However, the dispatch or export of those
cultural inputs and products intended for processing,
products should be authorised if the financial advantage
the additional costs associated with their extreme
resulting from the specific supply arrangements is
remoteness, and in particular their insularity and small
reimbursed.
surface areas, their difficult topography and climate and
the fact that they are scattered islands.
(14) With
regard
to
processed
products,
trade
between
the
(9) Support
for
traditional
sectors
is
all
the
more
necessary
outermost regions should be authorised in order to
because it enables them to remain competitive on the
allow commerce between these regions. Account should
Union market in the face of competition from third
also be taken of trade flows within the context of
countries. When they draw up their programmes,
regional commerce and traditional exports and
Member States should, however, also ensure, as far as
dispatching with the rest of the Union or third
possible, that agricultural activities in the outermost
countries in the outermost regions, and exports of
regions are diversified.
processed products corresponding to traditional trade
for all those regions should be authorised. For the sake
of clarity, the reference period for defining traditionally
exported or dispatched quantities should be specified.
(10) In
order
to
avoid
speculation
which
would
be
harmful
to
end users in the outermost regions, it is important to
specify that the specific supply arrangements may only
apply to products of sound, fair and marketable quality.
(15) Appropriate
measures
should
be
taken
to
allow
for
the
necessary restructuring of the sugar processing sector in
the Azores. These measures should take into account the
fact that, in order for the sugar sector on the Azores to
(11) Rules
should
be
established
concerning
the
operation
of
be viable, a certain level of production and processing
the scheme, particularly those relating to the creation of
needs to be ensured. Against this background, the Azores
a register of operators and a system of certificates, based
should exceptionally, be permitted to dispatch to the rest
on the licences referred to in Articles 130 and 161 of
of the Union quantities of sugar in excess of traditional
Council Regulation (EC) No 1234/2007 of 22 October
flows for a limited period of five years, subject to
2007 establishing a common organisation of agricultural
progressively reducing annual limits. Because the quan
markets and on specific provisions for certain agricultural
tities that may be re-dispatched will be proportional and
products (Single CMO Regulation) ( 1 ).
limited to those strictly necessary for ensuring the
viability of local sugar production and processing, such
temporary dispatching of sugar from the Azores will not
adversely affect the internal market of the Union.
(12) Given
the
requirements
relating
to
the
monitoring
of
transactions benefiting from the specific supply arrange
ments, administrative checks should be conducted on the
products concerned at the time of their import or entry
into the outermost regions and also at the time of their
(16) With regard to out-of-quota sugar to be supplied to the
export or dispatch from the same. In addition, in order
Azores, Madeira and the Canary Islands, the scheme of
to achieve the objectives of the arrangements, the
exemption from import duties will continue to apply. In
economic advantages of the specific supply arrangements
particular, the Azores should also be authorised to
should be reflected in production costs and should
benefit from the exemption from import duties for raw
reduce prices up to the end user stage. They should
cane sugar up to their forecast supply balance.
therefore be granted only on condition that they are
actually passed on, and appropriate checks should be
carried out.
(17) To date, the Canary Islands have been supplied under
specific supply arrangements with skimmed milk
powder falling within CN code 1901 90 99 (skimmed
(13) Since the quantities covered by the specific supply
milk powder containing vegetable fat) for industrial
arrangements are limited to the supply requirements of
processing. The continued supply of this product,
which has become a traditional component of the local
( 1 ) OJ L 299, 16.11.2007, p. 1.
diet, should be permitted.

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/25
(18) Given that rice
constitutes a staple of the diet of
(24) The structures of certain farms or processing and
Réunion, that rice processing and polishing industries
marketing firms in the outermost regions are seriously
have been established in Réunion for many years and
deficient and face specific difficulties. Articles 26(2) and
that Réunion does not produce sufficient quantities to
28(2) of Council Regulation (EC) No 1698/2005 of
meet local requirements, the import of this product to
20 September 2005 on support for rural development
the island should continue to be exempt from any form
by the European Agricultural Fund for Rural Devel
of import tax.
opment (EAFRD)
( 1 ) therefore provide for more
favourable support rates for certain types of investment
in the outermost regions.
(19) Union
policy
to
assist
local
production
in
the
outermost
regions has involved a multitude of products and
measures for their production, marketing or processing.
(25) Article
27(1)
of
Regulation
(EC)
No
1698/2005
excludes
Those measures have proved effective and have ensured
the outermost regions from the restriction to a grant of
that agriculture continues and develops. The Union
forestry support provided for in that Regulation.
should continue to support these lines of production,
which are a key element to ensure the environmental,
social and economic equilibrium of the outermost
regions. Experience has shown that, as in the case of
(26) Regulation (EC) No 1698/2005 determines the
rural development policy, a closer partnership with
maximum annual amounts eligible for agri-environ
local authorities can help to address, in a more
mental payments. To take into account the specific envi
targeted way, the particular issues affecting the regions
ronmental situation of certain very sensitive pasture areas
concerned. Support to promote local production
in the Azores and the preservation of the landscape, the
therefore needs to continue through the POSEI
biodiversity and the traditional features of agricultural
programmes.
land, in particular the areas of terrace cultivation in
Madeira and the Canary Islands, as well as the conser
vation of stone walls in the outermost regions, provision
should be made for the possibility, in the case of certain
(20) In
order
to
support
the
marketing
of
products
from
the
specific measures, of increasing those amounts up to
outermost regions, aid should be established to assist the
twofold.
commercialisation of these products outside of the region
in which they are produced, taking account of the high
additional costs they face as a result of their distance
from consumer markets and the need for double
(27) A
derogation
may
be
granted
from
the
Commission’s
storage, factors which result in crucial competitive
consistent policy of not authorising State operating aid
disadvantages for the outermost regions, affecting their
for the production, processing and marketing of agri
ability to compete in the internal market. These factors
cultural products covered by Annex I to the Treaty, in
justify the need to review the POSEI scheme in the near
order to mitigate the specific constraints on farming in
future.
the outermost regions linked to their extreme
remoteness, specifically their isolation, insularity, small
surface areas, mountainous terrain and climate and
their economic dependency on a small number of
(21) The
minimum
elements
which
should
be
provided
under
products. Agricultural production plays a vital role in
the POSEI programmes in order to establish the measures
revitalising rural areas and encouraging people to stay
supporting local agricultural production, specifically the
in them, and the outermost rural areas are particularly
description of the location, of the strategy proposed, of
affected by population ageing, low population density
the objectives and of the measures, should be established.
and, in some cases, depopulation.
The principles underlying the consistency of these
measures with other Union policies should also be
stated, in order to avoid any incompatibility and over
lapping of aid.
(28) The
plant
health
of
agricultural
crops
in
the
outermost
regions is affected by particular problems such as the
arrival of parasites associated with the increase in the
amount of imports, the climate and the inadequacy of
(22) For
the
purposes
of
applying
this
Regulation,
it
should
the control measures previously applied there.
also be possible for the POSEI programmes to contain
Programmes should therefore be implemented to
measures for financing studies, demonstration projects,
combat harmful organisms, including by sustainable
training and technical assistance.
and environmentally sound organic methods. The
Union’s financial contribution towards such programmes
should be defined, taking into account the fact that,
under the multiannual financial framework, it is
(23) Farmers
in
the
outermost
regions
should
be
encouraged
envisaged that, with effect from 2014, the financing of
to continue to supply high-quality products and to
these programmes will fall under a different budgetary
prioritise their marketing. Use of the logo introduced in
heading.
this Regulation and of other forms of quality certification
introduced by the Union may be useful to this end.
( 1 ) OJ L 277, 21.10.2005, p. 1.

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L 78/26
EN
Official Journal of the European Union
20.3.2013
(29) The
maintenance
of
vineyards,
which
are
the
most
wide
(33) The need to maintain local milk production by means of
spread type of cultivation in the regions of Madeira and
incentives justifies not applying Regulation (EC) No
the Canary Islands and a very important one for the
1234/2007 in the French overseas departments and
Azores, is an economic, social and environmental
Madeira. This exemption should apply to Madeira
imperative. To help support production, the aban
subject to a limit of 4 000 tonnes.
donment premiums, the market mechanisms and, in
the case of the Canary Islands, the planting rights
system, provided for in Regulation (EC) No 1234/2007
should not be applicable in these regions. Nonetheless, in
the Canary Islands, it should be possible to apply crisis
(34) Trade
among
outermost
regions
should
be
fostered
with
distillation measures in the event of exceptional market
a view to meeting local consumption needs. The export
disturbance arising from quality problems. Similarly,
of surplus production from each of the outermost
technical and socio-economic difficulties have prevented
regions — for example, the export of milk, beef and
complete conversion, within the time limits established,
young male bovine animals from the Azores — to
of the areas in the regions of Madeira and the Azores
those regions with shortages should be encouraged
under vines of hybrid varieties prohibited by Regulation
with a view to strengthening trade, while avoiding
(EC) No 1234/2007. The wine produced by such
harming the growth of local production. The conditions
vineyards is intended solely for traditional local
necessary for fair and equitable trade should also be
consumption.
guaranteed.
(35) Traditional livestock farming activities should be
(30) The restructuring of the milk sector is not yet complete
supported. In order to meet the local consumption
in the Azores. In line with the high dependence of the
needs of the French overseas departments and Madeira,
Azores on milk production, combined with other
duty-free imports from third countries of male bovine
handicaps connected with their extreme remoteness and
animals intended for fattening should be authorised
the absence of profitable alternative lines of production,
subject to certain conditions and up to a maximum
the derogation from certain provisions of Regulation (EC)
annual limit.
No 1234/2007 concerning surplus levies on milk and
milk products should be maintained.
(36) The
possibility
introduced
by
Council
Regulation
(EC)
No
73/2009 of 19 January 2009 establishing common rules
for direct support schemes for farmers under the
(31) Given
the
irreplaceable
nature
of
milk
production
in
the
common agricultural policy and establishing certain
Azores, where it is one of the main driving forces for the
support schemes for farmers ( 1 ) to enable Portugal to
economy, social stability, the quality of the environment
transfer rights to the suckler cow premium from the
and occupation of the land, the POSEI programmes are
mainland to the Azores should be renewed and that
the best instruments for adopting any necessary measures
instrument should be adjusted in the light of the
to maintain this production.
support arrangements for the outermost regions.
(37) Tobacco
growing is of historical importance in the
(32) Support
for
the
production
of
cow’s
milk
in
Madeira
and
Canary Islands. From an economic perspective, tobacco
Réunion has not been sufficient to maintain the balance
preparation continues to be one of the chief industrial
between domestic and external supply, chiefly because of
activities in the region. In social terms, tobacco culti
the serious structural difficulties affecting the sector and
vation is very labour-intensive and is carried out by
its problems adapting to new economic environments.
small farms. Since the crop is not sufficiently profitable,
Consequently, authorisation to produce UHT milk recon
however, it is in danger of dying out. Tobacco is
stituted from milk powder of Union origin should
currently only cultivated on a small area on the island
continue, in order to cover local consumption more
of La Palma for the small-scale manufacture of cigars.
fully, provided that this does not pose an obstacle to
Spain should therefore be authorised to continue to
the collection and marketing of all locally produced
grant aid, in addition to Union aid, so that this tradi
milk, or hamper efforts to promote the expansion of
tional crop can be maintained with a view to supporting
local production. In order to inform the consumer
the artisanal activity associated with it. In addition, to
correctly, it should be made compulsory to indicate on
maintain the manufacture of tobacco products, imports
the sales labelling the method by which UHT milk is
into the Canary Islands of raw and semi-manufactured
reconstituted using milk powder. This provision should
tobacco should continue to be exempt from customs
also be applicable in Martinique, French Guiana and
duty, up to an annual limit of 20 000 tonnes of
Guadeloupe, if France makes a request to that effect,
stripped raw tobacco equivalent.
stating the wish of local stakeholders to be covered by
it and their ability to develop the milk sector.
( 1 ) OJ L 30, 31.1.2009, p. 16.

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/27
(38) Implementation
of
this
Regulation
should
not
jeopardise
and general principles concerning mechanisms for
the level of special support from which the outermost
control by Member States of the Commission’s exercise
regions have benefited up to now. The Member States
of implementing powers ( 1 ).
should have at their disposal sums equivalent to the
support already granted by the Union under Regulation
(EC) No 247/2006, in order to implement the appro
priate measures.
(44) In
order
to
allow
for
the
prompt
application
of
the
measures envisaged, this Regulation should enter into
force on the day following that of its publication in
the Official Journal of the European Union,
(39) Given
the
potential
effects
that
negotiation
of
future
trade agreements and modifications to the common agri
cultural policy may have on the outermost regions,
specific regard should be given to the special character
HAVE ADOPTED THIS REGULATION:
istics of these regions in the context of the analyses,
studies and assessments carried out in relation to these
negotiations and modifications.
CHAPTER I
SUBJECT MATTER AND OBJECTIVES
Article 1
(40) Since
2006, requirements in essential products have
increased in some outermost regions, particularly in the
Subject matter
Azores and in the French overseas departments, as a
result of the increasing livestock population and demo
This Regulation lays down specific measures for agriculture to
graphic pressure. The proportion of the budget which
mitigate the difficulties caused by extreme remoteness,
Member States may use for the specific supply
specifically remoteness, isolation, small surface areas, terrain,
arrangements for the regions concerned should
difficult climate and economic dependence on a limited
therefore be increased.
number of products of the regions of the Union referred to
in Article 349 of the Treaty (‘the outermost regions’).
(41) The
socio-economic fabric of the outermost regions
Article 2
remains very fragile and, for some of them, is often
highly dependent on the banana sector, which itself
Objectives
clearly suffers from a lack of competitiveness and
difficulties responding to changing market conditions.
1. The
specific
measures
referred
to
in
Article
1
shall
help
to
The POSEI budget allocated to the banana sector
meet the following objectives:
should therefore be increased by a one-off, limited
amount to be paid to banana producers during the
financial year 2013.
(a) 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
(42) In
order
to
ensure
the
proper
functioning
of
the
regime
harming local production and the growth thereof;
established by this Regulation, the power to adopt acts in
accordance with Article 290 of the Treaty should be
delegated to the Commission, in respect of supple
menting or modifying certain non-essential elements of
(b) securing the long-term future and development of the ‘live
this Regulation. It is of particular importance that the
stock’ and ‘crop-diversification’ sectors in the outermost
Commission carry out appropriate consultations during
regions, including the production, processing and sale of
its preparatory work, including at expert level. The
local products;
Commission, when preparing and drawing up delegated
acts, should ensure a simultaneous, timely and appro
priate transmission of relevant documents to the
European Parliament and to the Council.
(c) 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.
(43) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of the POSEI programme in the Member States
and to avoid unfair competition or discrimination
between operators, implementing powers should be
2. The objectives set out in paragraph 1 shall be imple
conferred on the Commission. Those powers should be
mented by means of the measures referred to in Chapters III,
exercised in accordance with Regulation (EU) No
IV and V.
182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
( 1 ) OJ L 55, 28.2.2011, p. 13.

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L 78/28
EN
Official Journal of the European Union
20.3.2013
CHAPTER II
(c) support for measures within the scope of Regulation (EC)
No 1698/2005.
POSEI PROGRAMMES
Article 3
Establishing the POSEI programmes
Article 5
1. The
measures
provided
for
in
Article
1
shall
be
defined
for
Content of the POSEI programmes
each outermost region by a Programme of Options Specifically
A POSEI programme shall comprise:
Relating to Remoteness and Insularity (POSEI), (‘the POSEI
programme’), comprising:
(a) a schedule for the implementation of the measures and a
(a) specific supply arrangements as provided for in Chapter III;
general annual indicative financing table showing the
and
resources to be deployed;
(b) specific measures to assist local agricultural production as
(b) proof of the compatibility and consistency between the
provided for in Chapter IV.
various measures under the programmes and with the
criteria and quantitative indicators to be used for moni
toring and evaluation;
2. The
POSEI
programme
shall
be
established
at
the
geographical level which the Member State concerned deems
to be the most appropriate. It shall be prepared by the
(c) the steps taken to ensure that the programmes are imple
competent authorities designated by the said Member State,
mented effectively and appropriately, including the
which shall submit it to the Commission for approval in
arrangements for publicity, monitoring and evaluation,
accordance with Article 6 after the competent authorities and
and a specified set of quantified indicators for use in
organisations at the appropriate regional level have been
programme evaluation;
consulted.
(d) the designation of the competent authorities and bodies
3. A
single
POSEI
programme
may
be
submitted
for
each
responsible for implementing the programme and the desig
Member State in respect of its outermost regions.
nation at the appropriate levels of authorities or associated
bodies and socio-economic partners, and the results of
consultations held.
Article 4
Compatibility and consistency
1. Measures
taken
under
POSEI
programmes
shall
comply
Article 6
with Union law. Such measures shall be consistent with other
Approval and amendments of the POSEI programmes
Union policies and with the measures taken under such policies.
1. The
POSEI
programmes
are
established
by
Regulation
(EC)
No 247/2006 and are financed under the financial allocation
2. Consistency of the measures taken under POSEI referred to in Article 30(2) and (3).
programmes with measures implemented under other
instruments of the common agricultural policy, and in
particular the common organisations of markets, rural devel
Each programme comprises a forecast supply balance indicating
opment, product quality, animal welfare and the protection of
the products, the quantities thereof and the amount of aid for
the environment, shall be ensured.
supply from the Union together with a draft programme of
support for local production.
In particular, no measure under this Regulation shall be
financed as:
2. Depending
on
the
annual
evaluation
of
the
implemen
tation of measures included in the POSEI programmes, the
Member States may, after consulting the socio-economic
(a) additional support for premium or aid schemes under a
partners concerned, submit to the Commission duly
common organisation of the market save in exceptional
substantiated proposals for amendments to those measures
cases justified by objective criteria;
within the context of the financial allocation referred to in
Article 30(2) and (3), to bring them more into line with the
requirements of the outermost regions and the strategy
(b) support for research projects, measures to support research
proposed. The Commission shall adopt implementing acts
projects or measures eligible for Union financing under
laying down the procedures for assessing whether the
Council Decision 2009/470/EC of 25 May 2009 on expen
amendments proposed comply with Union law and for
diture in the veterinary field ( 1 );
deciding whether to approve them. Those implementing acts
shall be adopted in accordance with the examination
( 1 ) OJ L 155, 18.6.2009, p. 30.
procedure referred to in Article 34(2).

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/29
3. The
procedures
laid
down
by
the
implementing
acts which are essential in the outermost regions for human
referred to in paragraph 2 may take account of the following
consumption, for the manufacture of other products or as agri
elements: the importance of the modifications proposed by the
cultural inputs.
Member States with reference to the introduction of new
measures, whether the changes to the budget allocated to the
measures are substantial, changes in the quantities and in the
level of aid for products in the forecast supply balances and any
amendments to codes and descriptions laid down in Council
2. The
Member
State
concerned
shall
establish,
at
the
Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and
geographical level which it deems most appropriate, a forecast
statistical nomenclature and on the Common Customs Tariff (
supply balance so as to quantify the annual supply requirements

1 ).
for each outermost region with regard to the products listed in
Annex I to the Treaty.
4. The
implementing
acts
referred
to
in
paragraph
2
shall
also determine, for each procedure, the frequency with which
requests for amendments are to be made, as well as the time
frames within which the approved amendments are to be imple
A separate forecast balance may be drawn up for the
mented.
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
Article 7
regional trade, in accordance with Article 14(3), or within the
Amendments regarding the financial allocations
context of traditional trade flows.
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).
Article 10
Operation of the specific supply arrangements
These amendments shall become applicable one month after
their submission if during this period the Commission raises
1. Within the limit of the quantities determined in the
no objections.
forecast supply balance, no duties shall apply to direct
imports from third countries into the outermost regions of
products covered by the specific supply arrangements.
The competent authorities shall pay the aid referred to in
Article 30(5) not later than 30 June 2013.
Products which have entered the Union’s customs territory
Article 8
under inward processing or customs warehousing arrangements
Monitoring and follow-up
shall be considered to be direct imports from third countries for
the purposes of this Chapter.
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.
2. In
order
to
ensure
coverage
of
the
requirements
estab
lished in accordance with Article 9(2) in terms of price and
The Commission shall also adopt implementing acts regarding
quality, while taking care to maintain the Union’s share in
the procedures and physical and financial indicators in order to
supplies, aid shall be granted to supply the outermost regions
ensure that the implementation of the programmes is
with Union products held in public intervention storage or
monitored in an effective manner.
available on the Union market.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 34(2).
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
CHAPTER III
third countries and, in the case of products intended for
processing or agricultural inputs, other additional costs
SPECIFIC SUPPLY ARRANGEMENTS
associated with extreme remoteness, and in particular their insu
Article 9
larity and small surface areas.
Forecast supply balance
1. Specific supply arrangements are hereby established for
the agricultural products listed in Annex I to the Treaty
3. No
aid
shall
be
granted
for
the
supply
of
products
which
have already benefited from the specific supply arrangements in
( 1 ) OJ L 256, 7.9.1987, p. 1.
another outermost region.

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20.3.2013
4. Only
products
of
sound,
fair
and
marketable
quality
shall recording operators in the register and providing for the full
benefit from the specific supply arrangements. Products from
exercise by operators of their rights to participate in the specific
third countries shall provide an equivalent level of guarantees to
supply arrangements.
those produced under the Union’s veterinary and plant health
standards.
3. The
Commission
shall
adopt
implementing
acts
regarding
the measures necessary to ensure the uniform application by the
Article 11
Member States of this Article, specifically relating to the intro
Implementation
duction of the system of certificates and the commitment
undertaken by operators at the time of registration. Those
In implementing the specific supply arrangements, account shall
implementing acts shall be adopted in accordance with the
be taken, in particular, of the following:
examination procedure referred to in Article 34(2).
(a) the specific requirements of the outermost regions and, in
the case of products intended for processing and agricultural
Article 13
inputs, the quality requirements;
Impact of advantage
1. Benefiting
from
the
specific
supply
arrangements
resulting
from the exemption of import duty or the awarding of aid shall
(b) trade flows with the rest of the Union;
be subject to the condition that the impact of the economic
advantage is passed on up to the end user who, as appropriate,
may be the consumer in the case of products meant for direct
(c) the economic aspect of the proposed aid;
consumption, the end processor or packager in the case of
products meant for the processing or packaging industries, or
farmers in the case of products used for animal feed or as
agricultural inputs.
(d) the need to ensure that existing local production is neither
destabilised, nor obstructed in its development.
The advantage referred to in the first subparagraph shall be
Article 12
equal to the amount of the exemption from import duties or
to the amount of the aid.
Certificates
1. Exemption from import duties or access to aid within the
framework of the specific supply arrangements shall be granted
2. In
order
to
ensure
that
paragraph
1
is
applied
in
a
on the presentation of a certificate.
uniform manner, the Commission shall adopt implementing
acts regarding the application of the rules set out in
paragraph 1 and more specifically the conditions for the moni
Certificates shall be issued only to operators entered in a register
toring by Member States, that the advantage has in fact been
held by the competent authorities.
passed on up to the end user. Those implementing acts shall be
adopted in accordance with the examination procedure referred
to in Article 34(2).
Licences and certificates shall not be transferable.
Article 14
2. No
security
shall
be
required
when
applying
for
import Export to third countries and dispatch to the rest of the
licences, exemption certificates or aid certificates. However, to
Union
the extent necessary to ensure the proper application of this
Regulation, the competent authority may require a security to
1. The
Commission
shall
adopt
implementing
acts
estab
be lodged equal to the amount of the advantage as referred to
lishing the requirements in accordance with which products
in Article 13. In such cases, Article 34(1), (4), (5), (6), (7) and
covered by the specific supply arrangements may be exported
(8) of Commission Regulation (EC) No 376/2008 of 23 April
to third countries or dispatched to the rest of the Union, which
2008 laying down common detailed rules for the application of
shall include the payment of import duty or the reimbursement
the system of import and export licences and advance fixing
of the aid received, as indicated in Article 10. Those imple
certificates for agricultural products (
menting acts shall be adopted in accordance with the exam

1 ) shall apply.
ination procedure referred to in Article 34(2).
The Commission shall be empowered to adopt delegated acts, in
accordance with Article 33, determining the conditions for
Exports to third countries of products covered by the specific
supply arrangements shall not be subject to the presentation of
( 1 ) OJ L 114, 26.4.2008, p. 3.
a certificate.

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of
the
European
Union L
78/31
The first subparagraph shall not apply to trade flows between
(CN code 1701) may be dispatched annually from the Azores
French overseas departments.
to the rest of the Union in the following five years:
2. The
first
subparagraph
of
paragraph
1
shall
not
apply
to — in 2011: 3 000 tonnes,
products processed in the outermost regions from products that
have benefited from the specific supply arrangements which are:
— in 2012: 2 500 tonnes,
(a) 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
— in 2013: 2 000 tonnes,
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
— in 2014: 1 500 tonnes,
2012. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Article 34(2);
— in 2015: 1 000 tonnes.
(b) exported to third countries as part of regional trade;
6. Processing
operations
which
may
give
rise
to
traditional
or
regional trade exports or traditional dispatches shall fulfil,
mutatis mutandis, the processing conditions applicable under
(c) dispatched between the regions of the Azores, Madeira and
inward processing arrangements and the procedure for
the Canary Islands;
processing under customs control provided for in the relevant
Union legislation, with the exception of all usual forms of
handling.
(d) dispatched between French overseas departments.
Article 15
No export refund shall be granted on the export of products
Sugar
referred to in points (a) and (b) of the first subparagraph.
1. 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
Exports to third countries of products referred to in points (a)
from import duties subject to the forecast supply balance
and (b) of the first subparagraph shall not be subject to the
referred to in Article 9 of this Regulation in respect of:
presentation of a certificate.
(a) sugar brought for consumption to Madeira or the Canary
3. For
the
purposes
of
this
Chapter,
‘regional
trade’
shall
be
Islands in the form of white sugar falling within CN code
understood as trade, for each outermost region, with third
1701;
countries belonging to the same geographical area as those
outermost regions, and with countries with which there are
historical trade links. The Commission shall adopt imple
menting acts establishing a list of those countries, taking into
(b) sugar refined and consumed in the Azores in the form of
account objective requests made by the Member States
raw sugar falling within CN code 1701 12 10 (raw beet
following consultation with the sectors concerned. Those imple
sugar).
menting acts shall be adopted in accordance with the exam
ination procedure referred to in Article 34(2).
2. In the Azores, for the purpose of refining, the quantities
referred to in paragraph 1 may be supplemented, subject to the
4. Products
delivered
to
the
French
overseas
departments,
the limit of the forecast supply balance, by raw sugar falling within
Azores, Madeira or the Canary Islands which have benefited
CN code 1701 11 10 (raw cane sugar).
from the specific supply arrangements and are used to supply
ships and aircraft shall be deemed to have been consumed
locally.
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
5. By
way
of
derogation
from
paragraph
2,
first
subpara
be determined so as to ensure that the total volume of sugar
graph, point (a), the following maximum quantities of sugar
refined in the Azores each year does not exceed 10 000 tonnes.

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L 78/32
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Official Journal of the European Union
20.3.2013
Article 16
lodging of a security equal to the amount of the advantage to
be granted during a period to be determined by the competent
Skimmed milk powder
authority.
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,
The competent authority shall adopt the measures required to
subject to a limit of 800 tonnes per year. Aid granted for
reutilise any quantities of products made available as a result of
supplies of this product from the Union may not exceed EUR
non-execution, partial execution or cancellation of the licenses
210 per tonne and shall be included in the limit laid down in
and certificates issued or recovery of the advantage.
Article 30. This product shall be used for local consumption
only.
CHAPTER IV
MEASURES TO ASSIST LOCAL AGRICULTURAL PRODUCTS
Article 17
Article 19
Rice
Measures
No customs duties shall be charged in the French overseas
department of Réunion on products falling within CN codes
1. The
POSEI
programmes
consist
of
specific
measures
1006 10, 1006 20 and 1006 40 00 imported for consumption
designed to promote local agricultural production under the
there.
scope of Part Three, Title III of the Treaty, necessary in order
to ensure the continuity and development of local agricultural
production in each outermost region.
Article 18
Controls and penalties
2. The
parts
of
the
programme
which
include
measures
to
1. Products
which
are
the
subject
of
specific
supply assist local agricultural production and which correspond to the
arrangements shall be subject to administrative checks at the
objectives set out in Article 2 shall comprise at least the
time that they are imported into or enter the outermost regions,
following elements:
as well as when they are exported or dispatched.
(a) a quantified description of the current situation of the agri
The Commission shall adopt implementing acts regarding the
cultural production in question, taking into account the
minimum characteristics of the checks to be carried out by the
results of available evaluations, showing disparities, gaps
Member States. Those implementing acts shall be adopted in
and potential for development, the financial resources
accordance with the examination procedure referred to in
deployed and the primary results of measures taken
Article 34(2).
previously;
2. Except
in
cases
of force majeure or exceptional climatic
(b) a description of the strategy proposed, the priorities
conditions, if an operator, as referred to in Article 12, fails to
selected, its quantified general and operational objectives,
comply with the commitments made in accordance with
and an appraisal showing the expected economic, environ
Article 12, the competent authority, without prejudice to any
mental and social impact, including employment effects;
penalties applicable under national law, shall:
(c) a description of the measures envisaged, and in particular
(a) recover the advantage granted to operator;
aid schemes for implementing them, and, where appro
priate, information on the need for any studies, demon
stration projects, training or technical assistance operations
relating to the preparation, implementation or adaptation of
(b) temporarily suspend or revoke the operator’s registration,
the measures concerned;
depending on the seriousness of the non-compliance.
(d) a list of the aid constituting direct payments in accordance
3. Except
in
cases
of force majeure or exceptional climatic
with Article 2(d) of Regulation (EC) No 73/2009;
conditions, where operators, as referred to in Article 12, do
not carry out the planned import or entry, their entitlement
to apply for licences or certificates shall be suspended by the
competent authority for a period of 60 days following expiry of
(e) the aid amount established for each measure and the
that licence or certificate. After the suspension period, the issue
provisional amount for each action in order to achieve
of subsequent licences or certificates shall be subject to the
one or more objectives for the programme.

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EN
20.3.2013 Official
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of
the
European
Union L
78/33
3. The Commission shall adopt implementing acts products, whether processed or not, specific to the outermost
concerning requirements for the provision of the aid
regions.
described in paragraph 2. Those implementing acts shall be
adopted in accordance with the examination procedure
referred to in Article 34(2).
2. The
conditions
for
using
the
logo
referred
to
in
paragraph
1 shall be proposed by the trade organisations concerned. The
4. The
programme
may
include
measures
to
support national authorities shall forward such proposals, with their
production, processing or sale of agricultural products in the
opinion thereon, to the Commission.
outermost regions.
Each measure may include a variety of actions. For each action,
Use of the logo shall be monitored by a public authority or a
the programme shall define at least the following elements:
body approved by the competent national authorities.
(a) the beneficiaries;
3. The
Commission
shall
be
empowered
to
adopt
delegated
acts, in accordance with Article 33, regarding the conditions for
(b) the eligibility conditions;
exercising the right to use the logo and for reproducing and
using it. Those conditions shall be set to improve awareness of
high-quality agricultural products from the outermost regions
(c) the unit amount of aid.
and to increase the consumption thereof, regardless of whether
those products are processed or non-processed.
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
4. The
Commission
shall
adopt
implementing
acts
regarding
Article 33, regarding the conditions for establishing the
the detailed rules concerning the use of the logo and the
amount of aid awarded in respect of such marketing and,
minimum characteristics for the checks and monitoring which
where appropriate, the conditions for establishing the quantities
the Member States shall perform. Those implementing acts shall
of products subject to this aid.
be adopted in accordance with the examination procedure
referred to in Article 34(2).
Article 20
Controls and wrongful payments
Article 22
1. Verification
of
measures
provided
for
in
this
Chapter
shall
Rural development
be conducted by administrative and on-the-spot checks.
1. Notwithstanding
Article
39(4)
of
Regulation
(EC)
No
1698/2005, the maximum annual amounts eligible for Union
aid, as set out in Annex I to that Regulation, may be increased
2. In the event of wrongful payments, the beneficiary
up to twofold in the case of the measure to protect lakes in the
concerned shall be obliged to reimburse the amounts in
Azores and the measure to preserve the landscape, biodiversity
question. Article 80 of Commission Regulation (EC) No
and traditional features of agricultural land and the conservation
1122/2009 of 30 November 2009 laying down detailed rules
of stone walls in the outermost regions.
for the implementation of Council Regulation (EC) No 73/2009
as regards cross-compliance, modulation and the integrated
administration and control system, under the direct support
schemes for farmers provided for that Regulation, as well as
2. A
description
of
the
measures
planned
under
paragraph
1
for the implementation of Council Regulation (EC) No
of this Article shall be included, where appropriate, in the
1234/2007 as regards cross-compliance under the support
programmes for these regions referred to in Article 16 of Regu
scheme provided for the wine sector ( 1 ) shall apply mutatis
lation (EC) No 1698/2005.
mutandis.
CHAPTER V
Article 23
ACCOMPANYING MEASURES
State aid
Article 21
1. For
the
agricultural
products
covered
by
Annex
I
to
the
Logo
Treaty, to which Articles 107, 108 and 109 thereof apply, the
Commission may authorise, in accordance with Article 108 of
1. A
logo
shall
be
introduced
with
a
view
to
improving the Treaty, operating aid in the sectors producing, processing
awareness and the consumption of quality agricultural
and marketing those products, with a view to alleviating the
specific constraints on farming in the outermost regions as a
( 1 ) OJ L 316, 2.12.2009, p. 65.
result of their isolation, insularity and extreme remoteness.

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L 78/34
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20.3.2013
2. Member
States
may
grant
additional
financing
for
the Community of organisms harmful to plants or plant products
implementation of POSEI programmes. In such cases, the
and against their spread within the Community ( 2 ).
Member States shall notify the Commission of the State aid
and the Commission may approve it in accordance with this
Regulation as part of those programmes. Aid thus notified shall
be regarded as notified within the meaning of the first sentence
3. The
Commission
shall
adopt
implementing
acts
in
respect
of Article 108(3) of the Treaty.
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:
3. France
may
grant
the
sugar
sector
in
the
French
outermost
regions aid of up to EUR 90 million per marketing year.
(a) the financial participation of the Union, as well as the
amount of the aid;
France shall inform the Commission within 30 days of the end
of each marketing year of the amount of aid actually granted.
(b) the measures eligible for Union financing.
Those implementing acts shall be adopted in accordance with
4. Without prejudice to paragraphs 1 and 2 of this Article
the examination procedure referred to in Article 34(2).
and by way of derogation from the first subparagraph of
Article 180 of Regulation (EC) No 1234/2007 and Article 3
of Council Regulation (EC) No 1184/2006 of 24 July 2006
applying certain rules of competition to the production of,
Article 25
and trade in, agricultural products ( 1 ), Articles 107, 108 and
Wine
109 of the Treaty shall not apply to payments made under
Chapter IV of this Regulation, paragraph 3 of this Article and
1. Measures
referred
to
in
Articles
103v,
103w,
103x
and
Articles 24 and 28 of this Regulation by Member States in
182a of Regulation (EC) No 1234/2007 shall not apply to the
conformity with this Regulation.
Azores and Madeira.
2. Notwithstanding the second subparagraph of
Article 24
Article 120a(2) of Regulation (EC) No 1234/2007, grapes
Plant health programmes
from the vine varieties referred to in point (b) of that subpara
graph, and harvested in the Azores and Madeira, may be used
1. The Member States shall submit programmes to the
for the production of wine which must remain within those
Commission for the control of organisms harmful to plants
regions.
or plant products in the outermost regions. The programmes
shall specify in particular the objectives to be achieved, the
measures to be carried out, their duration and their cost.
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
The Commission shall evaluate the programmes submitted. The
1234/2007 with, if necessary, the supports provided for in
Commission shall adopt implementing acts to approve or not
Article 103q of that Regulation.
approve those programmes. Those implementing acts shall be
adopted in accordance with the examination procedure referred
to in Article 34(2).
3. By
way
of
derogation
from
Article
85f
of
Regulation
(EC)
No 1234/2007, the transitional planting rights regime shall
apply to the Canary Islands until 31 December 2012.
2. The
Union
shall
contribute
to
the
financing
of
the
programmes provided for in paragraph 1 on the basis of a
technical analysis of the regional situations.
Article 26
Milk
1. For the purposes of distributing the surplus levy referred
Such contribution may cover up to 75 % of eligible expenditure.
to in Article 79 of Regulation (EC) No 1234/2007, only
Payment shall be made on the basis of documentation provided
producers who, within the meaning of Article 65(c) of that
by Member States. If necessary, checks may be organised by the
Regulation, established and producing in the Azores, market
Commission and conducted on its behalf by the experts referred
quantities exceeding their reference quantity increased by the
to in Article 21 of Council Directive 2000/29/EC of 8 May
percentage referred to in the third subparagraph of this
2000 on protective measures against the introduction into the
paragraph shall be deemed to have contributed to the overrun.
( 1 ) OJ L 214, 4.8.2006, p. 7.
( 2 ) OJ L 169, 10.7.2000, p. 1.

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of
the
European
Union L
78/35
The surplus levy shall be due on quantities exceeding the quota
Madeira, the possibility shall be introduced of importing bovine
thus increased by the percentage referred to in the third
animals from third countries for fattening and consumption in
subparagraph, after reallocation of the unused quantities
the French overseas departments and Madeira, without applying
within the margin resulting from this increase among all the
import duties under the Common Customs Tariff. The
producers within the meaning of Article 65(c) of Regulation
Commission shall adopt implementing acts regarding the
(EC) No 1234/2007 established and producing in the Azores,
measures necessary to implement this subparagraph and more
and in proportion to the reference quantity available to each
specifically the means for introducing the exemption from
producer.
import duties in respect of the young male bovines introduced
into the French overseas departments and Madeira. Those imple
menting acts shall be adopted in accordance with the exam
ination procedure referred to in Article 34(2).
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
Article 13 and Article 14(1) shall apply to animals qualifying
2010. It shall apply only to the quota available on 31 March
for the exemption referred to in the first subparagraph of this
2010.
paragraph.
2. The
quantities
of
milk
or
milk
equivalent
marketed
which 2. The
numbers
of
animals
qualifying
for
the
exemption
exceed the quota but which comply with the percentage referred
referred to in paragraph 1 shall be determined in the POSEI
to in the third subparagraph of paragraph 1, after the reallo
programmes, if the need to import is justified, in view of devel
cation referred to in that same paragraph, shall not be taken
opments in local production. Priority for such animals shall be
into account in establishing any overrun by Portugal as
given to producers keeping animals for fattening at least 50 %
calculated in accordance with Article 66 of Regulation (EC)
of which are of local origin.
No 1234/2007.
3. The
surplus
levy
scheme
applicable
to
producers
of
milk The Commission shall be empowered to adopt delegated acts, in
provided for in Regulation (EC) No 1234/2007 shall not apply
accordance with Article 33, laying down the conditions for the
in the French overseas departments or, within the limit of local
exemption from import duties. Those conditions shall take into
production of 4 000 tonnes of milk, in Madeira.
account the specific local features of the beef sector and
industry.
4. Notwithstanding
Article
114(2)
of
Regulation
(EC)
No
1234/2007, the production in Madeira and in the French
3. Where Article 52 and Article 53(1) of Regulation (EC) No
overseas department of Réunion of UHT milk reconstituted
73/2009 are applied, Portugal may reduce the component of
from milk powder originating in the Union shall be authorised
the national ceiling corresponding to sheep and goat payments
within the limits of local consumption requirements, provided
and suckler cow premium rights. In this case, the Commission
that this measure does not hinder the collection or disposal of
shall adopt implementing acts regarding the relevant amount to
locally produced milk. If France demonstrates the expediency of
be transferred from the ceilings established in accordance with
such a measure for the French overseas departments of Marti
Article 52 and Article 53(1) of Regulation (EC) No 73/2009 to
nique, Guadeloupe and French Guiana, the Commission shall be
the financial allocation referred to in the second indent of
empowered to adopt, where necessary, delegated acts, in
Article 30(2) of this Regulation. Those implementing acts
accordance with Article 33, in order to extend this measure
shall be adopted in accordance with the examination
to those departments. This product shall be used for local
procedure referred to in Article 34(2).
consumption only.
Article 28
The method by which the UHT milk thus reconstituted has
State aid for tobacco production
been obtained shall be clearly indicated on the sales labelling.
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.
Article 27
Cattle farming
1. Until
the
local
numbers
of
young
male
bovines
reach
a The amount of the aid may not exceed EUR 2 980,62 per
level sufficient to ensure the maintenance and development of
tonne. The additional aid shall be granted for up to 10
local beef production in the French overseas departments and
tonnes each year.

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L 78/36
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Official Journal of the European Union
20.3.2013
Article 29
markets within the meaning of Article 3(1)(b) of Council Regu
lation (EC) No 1290/2005 of 21 June 2005 on the financing of
Exemption of tobacco from customs duties
the common agricultural policy ( 1 ), with the exception of the
1. No
customs
duties
shall
be
applied
to
direct
imports
into measures provided for in:
the Canary Islands of raw and semi-manufactured tobacco
falling, respectively, within:
(a) Article 22; and
(a) CN code 2401; and
(b) Article 24, from the date of application of the multiannual
financial framework for the years 2014-2020.
(b) the following subheadings:
2. In
respect
of
each
financial
year,
the
Union
shall
finance
— 2401 10 Tobacco, not stemmed/stripped,
the measures provided for in Chapters III and IV, up to an
annual sum equivalent to:
— 2401 20 Tobacco, partly or wholly stemmed/stripped,
— in the French overseas departments: EUR 278,41 million
— ex 2401 20 Outer coverings for cigars presented on
— Azores and Madeira:
EUR 106,21 million
supports, in reels for the manufacture of tobacco,
— Canary Islands:
EUR 268,42 million
— 2401 30 Tobacco waste,
3. The
sums
allocated
for
each
financial
year
to
finance
the
— ex 2402 10 Unfinished cigars without wrapping,
measures provided for in Chapter III may not exceed the
following amounts:
— ex 2403 10 Cigarette rag (finished mixtures of tobacco
for the manufacture of cigarettes, cigars, cheroots and
— in the French overseas departments: EUR 26,9 million
cigarillos),
— Azores and Madeira:
EUR 21,2 million
— ex 2403 91 Homogenised or reconstituted tobacco,
whether or not put up in sheets or strips,
— Canary Islands:
EUR 72,7 million
— ex 2403 99 Expanded tobacco.
The Commission shall adopt implementing acts establishing the
requirements in accordance with which Member States may
The exemption provided for in the first subparagraph is granted
amend the allocation of resources allocated each year to the
by means of the certificates referred to in Article 12.
various products benefiting from the specific supply arrange
ments. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 34(2).
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,
4. The
Commission
shall
be
empowered
to
adopt
delegated
subject to an annual import limit of 20 000 tonnes of raw
acts, in accordance with Article 33, concerning the conditions
stripped tobacco equivalent.
for determining the annual maximum amount which may be
allocated to measures for financing studies, demonstration
projects, training and technical assistance, provided that such
2. The
Commission
shall
adopt
implementing
acts
regarding allocation is reasonable and proportionate.
the measures necessary to implement paragraph 1 and more
specifically the measures for introducing the exemption from
import duties in respect of tobacco in the Canary Islands. Those
5. For
the
financial
year
2013,
the
Union
shall
grant
an
implementing acts shall be adopted in accordance with the
additional financing for the banana sector of the outermost
examination procedure referred to in Article 34(2).
regions up to the maximum amounts as follows:
CHAPTER VI
— in the French overseas departments: EUR 18,52 million
FINANCIAL PROVISIONS
— Azores and Madeira:
EUR 1,24 million
Article 30
Financial resources
— Canary Islands:
EUR 20,24 million
1. The
measures
provided
for
in
this
Regulation
shall
constitute intervention intended to stabilise the agricultural
( 1 ) OJ L 209, 11.8.2005, p. 1.

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/37
CHAPTER VII
or the Council opposes such extension not later than three
months before the end of each period.
GENERAL AND FINAL PROVISIONS
Article 31
National measures
3. The
delegation
of
power
referred
to
in
the
second
subparagraph of Article 12(2), the third subparagraph of
Member States shall take the measures necessary to ensure
Article 19(4), Article 21(3), the first subparagraph of
compliance with this Regulation, particularly as regards checks
Article 26(4), the second subparagraph of Article 27(2) and
and administrative penalties, and shall inform the Commission
Article 30(4) may be revoked at any time by the European
thereof.
Parliament or by the Council. A decision to revoke shall put
an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the
decision to revoke in the Official Journal of the European Union
Article 32
or at a later date specified therein. It shall not affect the validity
Communications and reports
of any delegated acts already in force.
1. Member
States
shall
communicate
to
the
Commission
not
later than 15 February each year the appropriations made
available to them which they intend to spend in the
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
following year on implementation of the forecast supply
notify it simultaneously to the European Parliament and to the
balance and for each measure promoting local agricultural
Council.
production included in the POSEI programmes.
5. The
delegated
acts
adopted
pursuant
to
the
second
subparagraph of Article 12(2), the third subparagraph of
2. Member States shall submit to the Commission, not later
Article 19(4), Article 21(3), the first subparagraph of
than 30 September each year, a report on the implementation
Article 26(4), the second subparagraph of Article 27(2) and
of the measures provided for in this Regulation over the
Article 30(4) shall enter into force only if no objection has
previous year.
been expressed by either the European Parliament or the
Council within a period of two months of notification of that
act to the European Parliament and the Council or if, before the
3. By
30
June
2015,
and
thereafter
every
five
years,
the expiry of that period, the European Parliament and the Council
Commission shall submit a general report to the European
have both informed the Commission that they do not intend to
Parliament and to the Council showing the impact of the
raise any objections. That period shall be extended by two
action taken under this Regulation, including in the banana
months at the initiative of the European Parliament or of the
and milk sectors, accompanied, if applicable, by appropriate
Council.
proposals.
Article 34
4. The Commission shall include a specific chapter in the
Committee procedure
analyses, studies and assessments it carries out in the context
1. The
Commission
shall
be
assisted
by
the
Management
of trade agreements and the common agricultural policy for any
Committee for Direct Payments established by Article 141 of
topic in which the outermost regions have a particular interest.
Regulation (EC) No 73/2009, except for the implementation of
Article 24 of this Regulation, for which the Commission shall
be assisted by the Standing Committee on Plant Health estab
Article 33
lished by Council Decision 76/894/EEC ( 1 ). Those Committees
are committees within the meaning of Regulation (EU) No
Exercise of the delegation
182/2011.
1. The
power
to
adopt
delegated
acts
shall
be
conferred
on
the Commission subject to the conditions laid down in this
Article.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
2. The power to adopt delegated acts referred to in the
second subparagraph of Article 12(2), the third subparagraph
Article 35
of Article 19(4), Article 21(3), the first subparagraph of
Review
Article 26(4), the second subparagraph of Article 27(2) and
Article 30(4) shall be conferred on the Commission for a
The Commission shall review these arrangements before the end
period of five years from 21 March 2013. The Commission
of 2013, in view of their overall effectiveness and the new CAP
shall draw up a report in respect of the delegation of power
policy framework, and if necessary come forward with appro
not later than nine months before the end of the five-year
priate proposals for a revised POSEI scheme.
period. The delegation of power shall be tacitly extended for
periods of an identical duration, unless the European Parliament
( 1 ) OJ L 340, 9.12.1976, p. 25.

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L 78/38
EN
Official Journal of the European Union
20.3.2013
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.
Done at Strasbourg, 13 March 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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EN
20.3.2013 Official
Journal
of
the
European
Union L
78/39
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

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L 78/40
EN
Official Journal of the European Union
20.3.2013
Regulation (EC) No 247/2006 This
Regulation
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

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