REGULATION
of 7 November 1988
Council Regulation (EEC) No 3468/88 of 7 November 1988 amending Regulation (EEC) No 3796/81 on the common organization of the market in fishery products and amending Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
[1988/3468]
REGULATION ( EEC ) NO 3796/81 IS HEREBY AMENDED AS FOLLOWS :
1 . IN THE SECOND SUBPARAGRAPH OF ARTICLE 9 ( 1 ):
_ IN THE FIRST INDENT, THE WORDS “IN ANNEX I ( A ) AND ( D )’ SHALL BE REPLACED BY “IN ANNEX I ( A ) OR ( D ) AND IN ANNEX VI’;
_ IN THE SECOND INDENT THE WORDS “BUT NOT IN ANNEX I ( A ) AND ( D )’ SHALL BE REPLACED BY “BUT NOT IN ANNEX I ( A ) AND ( D ) NOR IN ANNEX VI’;
2 . IN ARTICLE 13 ( 1 ) ( A ), THE FIGURE “5′ SHALL BE REPLACED BY THE FIGURE “10′;
3 . THE FOLLOWING SHALL BE INSERTED :
“ARTICLE 14B
1 . FOR PRODUCTS LISTED IN ANNEX VI, MEMBER STATES SHALL GRANT FLAT-RATE AID TO PRODUCERS’ ORGANIZATIONS WHICH PRACTISE INTERVENTION IN ACCORDANCE WITH ARTICLE 9, ON CONDITION THAT :
( A ) THE SAID ORGANIZATIONS DETERMINE A WITHDRAWAL PRICE, HEREINAFTER CALLED AN “AUTONOMOUS WITHDRAWAL PRICE’, BEFORE THE BEGINNING OF THE FISHING YEAR; THE PRODUCERS’ ORGANIZATIONS SHALL APPLY THAT PRICE THROUGHOUT THE FISHING YEAR, A TOLERANCE OF 10 % BELOW AND 5 % ABOVE BEING ALLOWED; THE PRICE MAY NOT, HOWEVER, EXCEED 80 % OF THE WEIGHTED AVERAGE PRICE RECORDED FOR THE PRODUCT CATEGORIES IN QUESTION IN THE AREA OF ACTIVITY OF THE PRODUCER’S ORGANIZATIONS CONCERNED DURING THE PREVIOUS THREEE FISHING YEARS;
( B ) THE PRODUCTS WITHDRAWN MEET THE STANDARDS ADOPTED IN ACCORDANCE WITH ARTICLE 2;
( C ) THE INDEMNITY GRANTED TO ASSOCIATED PRODUCERS IN RESPECT OF THE PRODUCTS WITHDRAWN FROM THE MARKET IS EQUAL TO THE AUTONOMOUS WITHDRAWAL PRICE .
2 . THE FLAT-RATE AID SHALL BE GRANTED FOR QUANTITIES WITHDRAWN FROM THE MARKET ON CONDITION THAT THEY :
( A ) WERE PUT UP FOR SALE IN ACCORDANCE WITH ARTICLE 5 ( 1 ), AND
( B ) WERE, BEFORE WITHDRAWAL, PUT UP FOR SALE UNDER CONDITIONS TO BE DETERMINED, AND
( C ) _ ARE DISPOSED OF IN A WAY THAT DOES NOT AFFECT THE NORMAL DISPOSAL OF PRODUCTION OR
_ ARE PROCESSED AND STORED . PROCESSING FOR THE PURPOSES OF THIS ARTICLE SHALL BE FREEZING, AND FILLETING OR CUTTING ACCOMPANIED BY FREEZING .
3 . THE FLAT-RATE AID SHALL BE GRANTED ONLY FOR QUANTITIES NOT IN EXCESS
OF 10 % OF THE ANNUAL QUANTITIES SOLD IN ACCORDANCE WITH ARTICLE 5 ( 1 ).
THE GRANT OF FLAT-RATE AID MAY BE MADE SUBJECT TO THE CONDITION THAT THE AUTONOMOUS WITHDRAWAL PRICE DOES NOT EXCEED A MAXIMUM LEVEL FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 33 .
4 . THE FLAT-RATE AID FOR QUANTITIES :
1 . IN THE SECOND SUBPARAGRAPH OF ARTICLE 9 ( 1 ):
_ IN THE FIRST INDENT, THE WORDS “IN ANNEX I ( A ) AND ( D )’ SHALL BE REPLACED BY “IN ANNEX I ( A ) OR ( D ) AND IN ANNEX VI’;
_ IN THE SECOND INDENT THE WORDS “BUT NOT IN ANNEX I ( A ) AND ( D )’ SHALL BE REPLACED BY “BUT NOT IN ANNEX I ( A ) AND ( D ) NOR IN ANNEX VI’;
2 . IN ARTICLE 13 ( 1 ) ( A ), THE FIGURE “5′ SHALL BE REPLACED BY THE FIGURE “10′;
3 . THE FOLLOWING SHALL BE INSERTED :
“ARTICLE 14B
1 . FOR PRODUCTS LISTED IN ANNEX VI, MEMBER STATES SHALL GRANT FLAT-RATE AID TO PRODUCERS’ ORGANIZATIONS WHICH PRACTISE INTERVENTION IN ACCORDANCE WITH ARTICLE 9, ON CONDITION THAT :
( A ) THE SAID ORGANIZATIONS DETERMINE A WITHDRAWAL PRICE, HEREINAFTER CALLED AN “AUTONOMOUS WITHDRAWAL PRICE’, BEFORE THE BEGINNING OF THE FISHING YEAR; THE PRODUCERS’ ORGANIZATIONS SHALL APPLY THAT PRICE THROUGHOUT THE FISHING YEAR, A TOLERANCE OF 10 % BELOW AND 5 % ABOVE BEING ALLOWED; THE PRICE MAY NOT, HOWEVER, EXCEED 80 % OF THE WEIGHTED AVERAGE PRICE RECORDED FOR THE PRODUCT CATEGORIES IN QUESTION IN THE AREA OF ACTIVITY OF THE PRODUCER’S ORGANIZATIONS CONCERNED DURING THE PREVIOUS THREEE FISHING YEARS;
( B ) THE PRODUCTS WITHDRAWN MEET THE STANDARDS ADOPTED IN ACCORDANCE WITH ARTICLE 2;
( C ) THE INDEMNITY GRANTED TO ASSOCIATED PRODUCERS IN RESPECT OF THE PRODUCTS WITHDRAWN FROM THE MARKET IS EQUAL TO THE AUTONOMOUS WITHDRAWAL PRICE .
2 . THE FLAT-RATE AID SHALL BE GRANTED FOR QUANTITIES WITHDRAWN FROM THE MARKET ON CONDITION THAT THEY :
( A ) WERE PUT UP FOR SALE IN ACCORDANCE WITH ARTICLE 5 ( 1 ), AND
( B ) WERE, BEFORE WITHDRAWAL, PUT UP FOR SALE UNDER CONDITIONS TO BE DETERMINED, AND
( C ) _ ARE DISPOSED OF IN A WAY THAT DOES NOT AFFECT THE NORMAL DISPOSAL OF PRODUCTION OR
_ ARE PROCESSED AND STORED . PROCESSING FOR THE PURPOSES OF THIS ARTICLE SHALL BE FREEZING, AND FILLETING OR CUTTING ACCOMPANIED BY FREEZING .
3 . THE FLAT-RATE AID SHALL BE GRANTED ONLY FOR QUANTITIES NOT IN EXCESS
OF 10 % OF THE ANNUAL QUANTITIES SOLD IN ACCORDANCE WITH ARTICLE 5 ( 1 ).
THE GRANT OF FLAT-RATE AID MAY BE MADE SUBJECT TO THE CONDITION THAT THE AUTONOMOUS WITHDRAWAL PRICE DOES NOT EXCEED A MAXIMUM LEVEL FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 33 .
4 . THE FLAT-RATE AID FOR QUANTITIES :
1 . WITHIN THE LIMITS LAID DOWN IN PARAGRAPH 4, AN ALLOWANCE SHALL BE GRANTED TO PRODUCERS’ ORGANIZATIONS IN RESPECT OF THE PRODUCTS LISTED IN ANNEX III IF IT IS FOUND, IN RESPECT OF A GIVEN CALENDAR QUARTER, THAT
_ THE AVERAGE SELLING PRICE RECORDED ON THE COMMUNITY MARKET, AND
_ THE FREE-AT-FRONTIER PRICE MENTIONED IN ARTICLE 21 PLUS ANY APPLICABLE COUNTERVAILING CHARGE,
ARE BOTH LOWER THAN A TRIGGERING THRESHOLD OF 93 % OF THE COMMUNITY PRODUCER PRICE FOR THE PRODUCT IN QUESTION .
2 . THE ALLOWANCE SHALL BE GRANTED TO PRODUCERS’ ORGANIZATIONS FOR QUANTITIES OF THE PRODUCT IN QUESTION CAUGHT BY THEIR MEMBERS AND SOLD AND DELIVERED DURING THE QUARTER IN QUESTION TO CANNING INDUSTRIES LOCATED WITHIN THE CUSTOMS TERRITORY OF THE COMMUNITY, SUBJECT TO THE CONDITIONS AND LIMITS LAID DOWN IN THIS ARTICLE .
3 . THE ALLOWANCE MAY NOT EXCEED :
_ THE DIFFERENCE BETWEEN THE TRIGGERING THRESHOLD AND THE AVERAGE SELLING PRICE OF THE PRODUCT IN QUESTION RECORDED ON THE COMMUNITY MARKET, OR
_ A FLAT-RATE AMOUNT EQUIVALENT TO 12 % OF THE SAID THRESHOLD, OR
_ FOR EACH PRODUCERS’ ORGANIZATION, THE DIFFERENCE BETWEEN THAT THRESHOLD AND THE AVERAGE SELLING PRICE REALIZED BY THAT PRODUCERS’ ORGANIZATION .
4 . IN THE QUARTER IN RESPECT OF WHICH THE ALLOWANCE IS GRANTED, THE TOTAL QUANTITIES THAT MAY BE ELIGIBLE FOR THE ALLOWANCE SHALL IN NO CASE EXCEED :
_ 62,8 % OF THE QUANTITIES OF TUNA USED BY THE COMMUNITY CANNING INDUSTRY DURING THAT QUARTER;
_ THE AVERAGE QUANTITIES SOLD AND DELIVERED IN ACCORDANCE WITH PARAGRAPH 2 DURING THE EQUIVALENT QUARTER OF THE THREE FISHING YEARS PRECEDING THE ONE IN RESPECT OF WHICH THE ALLOWANCE IS PAID;
_ 110 % OF THE AVERAGE QUANTITIES SOLD AND DELIVERED IN ACCORDANCE WITH PARAGRAPH 2 DURING THE EQUIVALENT QUARTER OF THE FISHING YEARS 1984-1986 .
5 . IN THE LIGHT OF THE TRENDS IN COMMUNITY PRODUCTION AND THE SUPPLY SITUATION IN THE COMMUNITY CANNING INDUSTRY, THE COUNCIL, ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION, SHALL, BEFORE 1 JANUARY 1993, DETERMINE ANY NECESSARY AMENDMENTS TO BE MADE TO THE PERCENTAGES AND THE REFERENCE PERIOD REFERRED TO IN PARAGRAPH 4 .
6 . WITHIN THE LIMITS LAID DOWN IN PARAGRAPH 4, THE AMOUNT OF THE ALLOWANCE GRANTED TO EACH PRODUCERS’ ORGANIZATION SHALL BE EQUAL TO :
_ THE AMOUNT LAID DOWN IN PARAGRAPH 3 FOR QUANTITIES OF THE PRODUCT IN QUESTION WHICH HAVE BEEN DISPOSED OF IN ACCORDANCE WITH PARAGRAPH 2 AND WHICH DO NOT EXCEED THE AVERAGE QUANTITIES SOLD AND DELIVERED
UNDER THE SAME CONDITIONS BY ITS MEMBERS IN THE EQUIVALENT QUARTER IN THE REFERENCE FISHING YEARS 1984-1986;
_ 95 % OF THE AMOUNT LAID DOWN IN PARAGRAPH 3 FOR QUANTITIES OF THE PRODUCT IN QUESTION WHICH EXCEED THE AVERAGE QUANTITIES REFERRED TO IN THE PREVIOUS INDENT, UP TO A LIMIT OF 110 % OF THOSE QUANTITIES;
_ 90 % OF THE AMOUNT LAID DOWN IN PARAGRAPH 3 FOR QUANTITIES OF THE PRODUCT IN QUESTION WHICH EXCEED THOSE LAID DOWN IN THE PREVIOUS INDENT AND WHICH ARE EQUAL TO THE SURPLUS OF THE QUANTITIES RESULTING FROM THE ALLOCATION AMOUNG PRODUCERS’ ORGANIZATIONS OF THE QUANTITIES ELIGIBLE FOR AN ALLOWANCE UNDER PARAGRAPH 4 .
THE ALLAOCATION SHALL BE MADE BETWEEN THE PRODUCERS’ ORGANIZATIONS CONCERNED PROPORTIONATELY ON THE BASIS OF THEIR RESPECTIVE PRODUCTION DURING THE EQUIVALENT QUARTER IN THE FISHING YEAR 1984-1986 .
_ THE AVERAGE SELLING PRICE RECORDED ON THE COMMUNITY MARKET, AND
_ THE FREE-AT-FRONTIER PRICE MENTIONED IN ARTICLE 21 PLUS ANY APPLICABLE COUNTERVAILING CHARGE,
ARE BOTH LOWER THAN A TRIGGERING THRESHOLD OF 93 % OF THE COMMUNITY PRODUCER PRICE FOR THE PRODUCT IN QUESTION .
2 . THE ALLOWANCE SHALL BE GRANTED TO PRODUCERS’ ORGANIZATIONS FOR QUANTITIES OF THE PRODUCT IN QUESTION CAUGHT BY THEIR MEMBERS AND SOLD AND DELIVERED DURING THE QUARTER IN QUESTION TO CANNING INDUSTRIES LOCATED WITHIN THE CUSTOMS TERRITORY OF THE COMMUNITY, SUBJECT TO THE CONDITIONS AND LIMITS LAID DOWN IN THIS ARTICLE .
3 . THE ALLOWANCE MAY NOT EXCEED :
_ THE DIFFERENCE BETWEEN THE TRIGGERING THRESHOLD AND THE AVERAGE SELLING PRICE OF THE PRODUCT IN QUESTION RECORDED ON THE COMMUNITY MARKET, OR
_ A FLAT-RATE AMOUNT EQUIVALENT TO 12 % OF THE SAID THRESHOLD, OR
_ FOR EACH PRODUCERS’ ORGANIZATION, THE DIFFERENCE BETWEEN THAT THRESHOLD AND THE AVERAGE SELLING PRICE REALIZED BY THAT PRODUCERS’ ORGANIZATION .
4 . IN THE QUARTER IN RESPECT OF WHICH THE ALLOWANCE IS GRANTED, THE TOTAL QUANTITIES THAT MAY BE ELIGIBLE FOR THE ALLOWANCE SHALL IN NO CASE EXCEED :
_ 62,8 % OF THE QUANTITIES OF TUNA USED BY THE COMMUNITY CANNING INDUSTRY DURING THAT QUARTER;
_ THE AVERAGE QUANTITIES SOLD AND DELIVERED IN ACCORDANCE WITH PARAGRAPH 2 DURING THE EQUIVALENT QUARTER OF THE THREE FISHING YEARS PRECEDING THE ONE IN RESPECT OF WHICH THE ALLOWANCE IS PAID;
_ 110 % OF THE AVERAGE QUANTITIES SOLD AND DELIVERED IN ACCORDANCE WITH PARAGRAPH 2 DURING THE EQUIVALENT QUARTER OF THE FISHING YEARS 1984-1986 .
5 . IN THE LIGHT OF THE TRENDS IN COMMUNITY PRODUCTION AND THE SUPPLY SITUATION IN THE COMMUNITY CANNING INDUSTRY, THE COUNCIL, ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION, SHALL, BEFORE 1 JANUARY 1993, DETERMINE ANY NECESSARY AMENDMENTS TO BE MADE TO THE PERCENTAGES AND THE REFERENCE PERIOD REFERRED TO IN PARAGRAPH 4 .
6 . WITHIN THE LIMITS LAID DOWN IN PARAGRAPH 4, THE AMOUNT OF THE ALLOWANCE GRANTED TO EACH PRODUCERS’ ORGANIZATION SHALL BE EQUAL TO :
_ THE AMOUNT LAID DOWN IN PARAGRAPH 3 FOR QUANTITIES OF THE PRODUCT IN QUESTION WHICH HAVE BEEN DISPOSED OF IN ACCORDANCE WITH PARAGRAPH 2 AND WHICH DO NOT EXCEED THE AVERAGE QUANTITIES SOLD AND DELIVERED
UNDER THE SAME CONDITIONS BY ITS MEMBERS IN THE EQUIVALENT QUARTER IN THE REFERENCE FISHING YEARS 1984-1986;
_ 95 % OF THE AMOUNT LAID DOWN IN PARAGRAPH 3 FOR QUANTITIES OF THE PRODUCT IN QUESTION WHICH EXCEED THE AVERAGE QUANTITIES REFERRED TO IN THE PREVIOUS INDENT, UP TO A LIMIT OF 110 % OF THOSE QUANTITIES;
_ 90 % OF THE AMOUNT LAID DOWN IN PARAGRAPH 3 FOR QUANTITIES OF THE PRODUCT IN QUESTION WHICH EXCEED THOSE LAID DOWN IN THE PREVIOUS INDENT AND WHICH ARE EQUAL TO THE SURPLUS OF THE QUANTITIES RESULTING FROM THE ALLOCATION AMOUNG PRODUCERS’ ORGANIZATIONS OF THE QUANTITIES ELIGIBLE FOR AN ALLOWANCE UNDER PARAGRAPH 4 .
THE ALLAOCATION SHALL BE MADE BETWEEN THE PRODUCERS’ ORGANIZATIONS CONCERNED PROPORTIONATELY ON THE BASIS OF THEIR RESPECTIVE PRODUCTION DURING THE EQUIVALENT QUARTER IN THE FISHING YEAR 1984-1986 .
REGULATION ( EEC ) NO 1196/76 ( 1 ) IS HEREBY REPEALED .
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING THAT OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
HOWEVER, ARTICLE 1 ( 11 ) SHALL APPLY FROM THE TWENTY-FIRST DAY FOLLOWING PUBLICATION OF THIS REGULATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS, 7 NOVEMBER 1988 .
FOR THE COUNCIL
THE PRESIDENT
P . ROUMELIOTIS
( 1 ) OJ NO L 133, 22 . 5 . 1976, P . 1 .
HOWEVER, ARTICLE 1 ( 11 ) SHALL APPLY FROM THE TWENTY-FIRST DAY FOLLOWING PUBLICATION OF THIS REGULATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS, 7 NOVEMBER 1988 .
FOR THE COUNCIL
THE PRESIDENT
P . ROUMELIOTIS
( 1 ) OJ NO L 133, 22 . 5 . 1976, P . 1 .