Explanatory Memorandum to COM(2009)510 - Amendment of Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the Union - Main contents
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dossier | COM(2009)510 - Amendment of Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the Union. |
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source | COM(2009)510 ![]() |
date | 02-10-2009 |
The development in Community legislation and the practical implementation of this Regulation occurred in the meantime require the amendment of some of its provisions.
Following the reform of the common organisation of the market of sugar, incorporated in the single CMO by Council Regulation (EC) No 1234/2007, Article 5 should be updated so that it reflects these new provisions and allows the Azores to integrate raw cane sugar in its forecast supply balance. In the past marketing years, the sugar beet production in the Azores was not sufficient to allow its sugar industry to fulfil their allocated quota and no significant quantities of raw beet sugar were available on the market. This amendment will improve their situation by allowing them to import raw cane sugar (within the limit of the forecast supply balance).
In the context of the current economic crisis, it seems appropriate to allow for the prolongation of the derogation set for the Canary islands for the supply within the specific supply arrangements of milk-based preparations falling within CN code 1901 90 99. In fact, this product is a basic element of the traditional local alimentation and the viability of a local industry processing depends on its availability at competitive prices.
Article 12(f) of Regulation (EC) No 247/2006 refers to provisions for checks and administrative penalties, among other issues to be included in the Community support programmes for the outermost regions that are to be submitted by Member States to the Commission for approval. In the light of the experience gained by the Commission, to ensure that the Community support programmes are implemented effectively and appropriately, it is necessary to remove references in point (f) of Article 12 of that Regulation to checks and administrative penalties. However, such national measures will continue to be communicated to the Commission in accordance with Article 27 of that Regulation.
Following the wine reform of 2008 and the recent integration of the wine CMO into the single CMO, Article 18 needs to be updated to reflect the new provisions of Council Regulation (EC) No 1234/2007 as amended by Regulation (EC) No 491/2009.
Finally, the specific conditions of the French overseas department of Reunion, where milk production is made very difficult by its topography and small size while the supply of fresh milk is impossible due to its insularity and distance from other producing regions, allow for an extension of the derogation already granted for similar reasons to Madeira to reconstitute milk powder in order to obtain UHT milk for human consumption [1st paragraph of Article 19(4)]. Moreover, due to the low level of production of fresh milk in these outermost regions, to the difficulties to increase it and to the fact that the locally produced milk already finds sufficient outlet in the local dairy industry, which is equally to be supported, it is appropriate to delete the obligation for the Commission to adopt detailed rules determining the quantity of locally produced fresh milk to be incorporated into the reconstituted UHT milk referred to above [2nd paragraph of Article 19(4)].
In this respect, please find enclosed a proposal for a Council Regulation amending Regulation (EC) No 247/2006 and all necessary documents for the initiation of the respective procedure.
The Regulation does not affect the sources of financing or the intensity of Community support.