Regulation 2013/228 - Specific measures for agriculture in the outermost regions of the Union - Main contents

SUMMARY OF:

Regulation (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the EU

WHAT IS THE AIM OF THE REGULATION?

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  It seeks to introduce special arrangements to compensate the outermost regions of the European Union (EU) for the difficulties they face due to their remote location, their land and their climate, along with their economic dependence on a small number of products.
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  These arrangements are known as the POSEI scheme – a programme that specifically deals with remoteness and insularity.

KEY POINTS

Objectives

The regulation has 3 objectives.

1.

To guarantee the supply to these regions of products that are essential for human consumption or processing, as well as agricultural inputs, at a cost that compensates for their isolation.

2.

To secure the long-term future and development of the livestock and crop-diversification sectors, including the production, processing and sale of local products.

3.

To maintain and further strengthen the competitiveness of traditional agricultural activities.

Eligible areas

The areas eligible for POSEI funding are defined by Article 349 of the Treaty on the Functioning of the European Union.

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  Spain: the Canary Islands.
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  France: Guadeloupe, French Guiana, Martinique, Réunion and Mayotte.
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  Portugal: the Azores and Madeira.

Management and budgets of POSEI programmes

Each EU Member State decides on the appropriate geographical level at which to establish the programme(s).

Each year, the following amounts are available for the three Member States, as laid down in Articles 30(2) and (3) of the regulation.

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  Canary Islands. €268.42 million (of which a maximum amount of €72.7 million for specific supply measures).
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  French overseas departments. €278.41 million (of which a maximum amount of €26.9 million for specific supply measures).
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  Azores and Madeira. €106.21 million (of which a maximum amount of €21.2 million for specific supply measures).

Specific supply arrangements

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  Where these are agreed, they are granted on condition that the impact of the economic advantage is passed on to the end-user. To ensure the continuity and development of local agricultural production in the longer term, the advantage must not be at a level that would harm the local production of such products. The aid should be proportional to the additional cost incurred by the particular geographical situation of the outermost region.
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  Support is implemented via import licences, exemption certificates and aid certificates issued to registered operators. Any operator established in the EU may apply to be in the register under certain conditions.

Measures to assist local agricultural products

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  The programme may include measures to support the production, processing or sale of agricultural products in the outermost regions.
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  Each measure may include a variety of actions. For each action, the programme must define at least the beneficiaries, the eligibility conditions and the unit amount of aid allocated to that action.

Checks and penalties

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  Products that are subject to specific supply arrangements are checked when they enter the outermost regions and when they are exported or dispatched. If the rules are not respected, the authorities may recover the advantage granted to operators (i.e. farmers and companies that own farms) and temporarily suspend/revoke their registration.
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  The measures to assist local agricultural products are verified by means of both administrative and on-the-spot checks. In the event of a wrongful payment, the beneficiary is obliged to reimburse the amount in question.

Protective measures against pests of plants

Regulation (EU) 2016/2031, amending Regulation (EU) No 228/2013, requires EU financing of the pest control programmes in the outermost regions, to be implemented in accordance with Regulation (EU) No 652/2014, which was subsequently repealed and replaced by Regulation (EU) 2021/690 establishing the single market programme (see summary).

Delegated act

Delegated Regulation (EU) No 179/2014 supplements Regulation (EU) No 228/2013 with regard to:

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  the register of operators;
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  the amount of aid for the marketing of products outside the region;
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  the logo;
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  the exemption from import duties for certain bovine animals;
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  the financing of certain measures relating to specific measures for agriculture in the EU’s outermost regions.

Implementing acts

The European Commission adopted Implementing Regulation (EU) No 180/2014, which lays down rules for applying Regulation (EU) No 228/2013. It contains nine annexes and detailed rules which cover:

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  specific supply arrangements (for example, forecast supply balances, supply through imports from non-EU countries, supply from the EU, export and dispatch, management, controls and monitoring);
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  measures to support local agricultural products (aid applications, checks, reductions and exclusions and undue payments);
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  accompanying measures (logo, animal products, import of tobacco into the Canary Islands).

Implementing Regulation (EU) 2020/532, amended by Implementing Regulations (EU) 2020/2086 and (EU) 2021/238, allows for certain derogations from Implementing Regulation (EU) No 180/2014, to take into account the COVID-19 pandemic.

Repeal

Regulation (EU) No 228/2013 repeals Regulation (EC) No 247/2006.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 21 March 2013.

BACKGROUND

For further information, see:

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  POSEI scheme (European Commission).

MAIN DOCUMENT

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 (OJ L 78, 20.3.2013, pp. 23–40).

Successive amendments to Regulation (EU) No 228/2013 have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Commission Implementing Regulation (EU) No 180/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 228/2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (OJ L 63, 4.3.2014, pp. 13–52).

See consolidated version.

Commission Delegated Regulation (EU) No 179/2014 of 6 November 2013 supplementing Regulation (EU) No 228/2013 of the European Parliament and of the Council with regard to the register of operators, the amount of aid for the marketing of products outside the region, the logo, the exemption from import duties for certain bovine animals and the financing of certain measures relating to specific measures for agriculture in the outermost regions of the Union (OJ L 63, 4.3.2014, pp. 3–12).

last update 07.12.2021

This summary has been adopted from EUR-Lex.