1. The Commission shall adopt implementing acts establishing the requirements in accordance with which products covered by the specific supply arrangements may be exported to third countries or dispatched to the rest of the Union, which shall include the payment of import duty or the reimbursement of the aid received, as indicated in Article 10. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
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.
2. 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:
(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 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);
(b)
exported to third countries as part of regional trade;
(c)
dispatched between the regions of the Azores, Madeira and the Canary Islands;
(d)
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.
3. For the purposes of this Chapter, ‘regional trade’ shall be understood as trade, for each outermost region, with third 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 implementing acts establishing a list of those countries, taking into account objective requests made by the Member States following consultation with the sectors concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
4. Products delivered to the French overseas departments, the Azores, Madeira or the Canary Islands which have benefited from the specific supply arrangements and are used to supply ships and aircraft shall be deemed to have been consumed locally.
5. 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.
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 inward processing arrangements and the procedure for processing under customs control provided for in the relevant Union legislation, with the exception of all usual forms of handling.