prop · GG03199 · 1992-12-31 00:00:00 — 5.Whereparagraph 1 is applied, Member States shall effea, where necessary, through theagency of the producers' organizations, the withdrawal of produas not satisfyingthe marketing rules or which could not be sold at a price at jeast equal to thewithdrawal price. 6.TheCouncil, aaing by a qualified majority on a proposal from the Commission, shalladopt general rules for the application of this Artide. Where Artide 5 {1) is applied, the maygrant an indemnity to producers who are not members of an organization and whoare established in the Community in respea of products which; cannot be marketed pursuant to Artide 5 (1) (a), or Suchaid shall reläte to the three years following recognition. For the first, second and third years the aid shall not exceed , and respeaively of the value of production marketed under the auspices of the producers' organization. it exceed , and of the organization's administrative expenses in the first, second and third years respeaively. Payment of the aid shall be made within five years of the dateof recognition. The value of production marketed shall be established on a standard basis for each year, namely: members' averagemarketed produaion during the three calendar years preceding the period for whichaid is requested, average produccrprices obrained by those members ovcr the same period. During the five years immediately following the creation of the intervention funds referred to in Artide 8, Member States may make aid available to producers' organizations, either direaly or through credit institutions, in the form of loans on spedal terms to cover pan of the anridpated cost of märket intervention within the meaning of Artide 8. have been withdrawn from the märket pursuant to Artide5(1) (b). The indemnity shall be granted without discrimination asto the nationality or place of of the redpients. It may not exceed60 % of the amount arrived at by applying to the quantities withdrawn; the withdrawal price fixed in accordance with Artide 11for the products listed in , parts A and D, or Theaid referred to in paragraph 2 shall be notified to the Commission in a repon which Member States shall forward to it at the end of each financial year. When the aid referred to in paragraph 4 is granted, the Commissionshall be notified immediately. , aaing by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Artide. Prop.1992/92:199 Bilaga 3 No L 388/7 Chapter 1 Withdrawal scbemes For the products listed in Artide 1, producers' organizations may fix a withdrawal price below which they will not sell produas supplied by their members. In this event, for quantities withdrawn from the märket, producers'organizations: - shall grant an indemnity to members in respect of the produCTSlisted in 1, pans A and D and in which conform to the standards adopted in accordancewith Artide 2, may grant an indemnity to members in respea of other produas listed in Artide 1 but not in , parts A and D nor in . for each produa listed in Artide 1, a maximum level for thewithdrawal price may be fixed in accordance with paragraph 5. The disposal of produas thus withdrawn from the märket must be determined by producers' organizations in such a way as not to interferc with normal markering of the produa in question. 3- To finance these withdrawal measures, producers' organizationsshall aeate intervention funds fed by contributions assessed on quantitiesoffered for sale or shall, alternatively, have recourse to an equalizationsystem. Producers' organizations shall supply the following information to the national authorities who shall communicate it to the Commission: a list of the produas for which they intend tooperate the system described in paragraph 1, ~ the period during which withdrawal prices are applicable, '- the level of withdrawal prices proposed and applied. Detailed rules for the application of this Artide shallbe adopted in accordance with the procedure laid down in Artide 32. parts A, D and E and for each of the products and groupsof products listed in . These prices shall be valid for the whole Community and shallbe fixed for each fishing year or for each of the periods into which that yearis subdivided. The guide price shall be based on: the average of pricesrecorded for a significant proporrion of Community output and a product withgiven commercial charaaeristics on representative wholesale märkets or inrepresentative ports during the three fishing years immediately preceding the yearfor which the price is fixed, an assessment of produaion and demandprospeas. In fixing the price, account shall also be taken of the needto: stabilizemärket prices and avoid the formation of surpluses in the Community, help support producers' incomes, consider consumers' interests. , aaing by a qualified majority on a proposal from the Commission, shall determine the level of the guide prices referred to in paragraph 1. Throughout the period during which the guide priceis applicable, Member States shall notify the Commission of the price recorded on representative wholesale märkets or in representative ports for produas having the charaaeristics seleaed for fixing the guide price. Märkets and pons in Member States where a significant proponion o( Community output of a given produa is marketed shall be regarded as representative within the meaning of paragraph 1. Detailed rules for the application of this Artide shallbe adopted, and the list of representative märkets and pons referred to in paragraph 2 approved, in accordance with the procedure laid down in Anide 32. A guide price shall be fixed before the beginningof the fishing year for each of the products listed in , For eachof the produas hsted in 1, pans A and D, a Community withdrawal price shallbe fixed on the basis of the freshness, size or weight and the presentation of theprodua, hereinafter called 'produa category', by applying to an amount equal atleast to , and not exceeding , of 1992/92:199Bilaga 3 No L 388/8 the guide price,the conversion faaor of the category of the product concemed. These conversion faaorsshall reflect the price relationship between the category of products imder considerarionand that adopted for fixing the guide price. The Community withdrawal pricemust, however, in no casé exceed of the guide price. In order to ensure producers in landing zones which arevery far away from the prindpal consumption centres on the Community access tomärkets under satisfaaory conditions, the prices referred to in paragraph 1 maybe weighted, for these zones, by adjustment conversions. The procedures for applying this Anide and, in panicular,the ascenainment of the percentage of the guide price serving as an element in thecalculation of the Community withdrawal prices and the determination of the landingzones referred to in paragraph 2, as wcll as the prices, shall be adopted in accordancewith the procedure laid down in Arride 32. Member States shall grant financial compensation to producers'organizarions which intervene pursuant to Anide 8 in respect of the produaslisted in 1, pans A and D on condition that: (a) the withdrawal price applied by these organizations isthe Community withdrawal price fixed in accordance with Artide 11, a of toleranceextending below and above this price being, however, permined to take accountin panicular of seasonal fluctuations in märket prices; Thefinändal compensation shall be equal to: of the withdrawalprice applied by the producers' organization concemed for quantities withdrawnfrom the märket by the producers' organizations concemed which do not exceed , of the withdrawalprice applied by the producers' organization concemed for quantities withdrawnfrom the märket by the producers' organizations concemed which exceed and donot exceed , of the withdrawalprice applied by the producers* organization concemed for quantities withdrawnfrom the märket by the producers' organizations concemed which exceed of the annual quantities of the produa concemed which are putup for sale in accordance with Anide 4(1). 4.Produaion by membersof an organization withdrawn from the märket by that organization or another organizationpursuant to Artide 5 shall be taken into consideration for the purpose of calculatingthe financial compensation to be granted to the organization to which the producersin question belong. 5.The financial compensationshall be reduced by the value, set at a standard amount, of the produa intendedfor purposes other than human consumption or by the net proceeds from the disposalof produas for human consumption in accordance with paragraph 2. The above valueshall be set at the beginning of the fishing year. It shall, however, be adjustedif significant and lasting price charges take place on Community märkets. Detailed rules for the application of this Anide shallbe adopted in accordance with the procedure laid down in Anide 32. (b)produas withdrawnconform to the standards adopted in accordance with Artide 2; (c)the indemnity grantedto members in respea of quantities withdrawn from the märket is at least equal,for the various bands of quantities withdrawn, to the percentage of the withdrawalprice applied by these organizations for quantities, referred to in paragraph3, plus 10; For each of the produas listed in , pan E, a Communityselling price shall be fixed according to the same conditions as those laid downin Artide 11 for fixing the withdrawal price. (d) a withdrawal price no less than the price referred toin Artide 11 is applied for each category of the produa concemed. However, a producers'organization which, asoneofthemeasuresreferred toin Anide4(l),applics a ban on thesale of cenain categories of produas shall not be required to apply the Communitywithdrawal ptice for those categories of produas. Financial compensation shall be granted only where produaswithdrawn from the märket are disposed of for purposes other than human consumptionor in such a way as not to interfere with normal marketing of the products referredro in Artide 11. The following shall be eligible for a carry-over aid: the produaslisted in , pans A and D withdrawn from the märket at the withdrawal pricereferred to in Anide 11, the produaslisted in 1, part E which have been put for sale but for which it has beenestablished that a buyer has not been found at the Community selling price fixedin accordance with Anide 13. A oftolerance extending below and above theseprices, however, is permitted to take account in particular of seasonal fluctuationsin marker prices. Prop.1992/92:199 Bilaga 3 No L388/9 Only such quannties shall be considered as eligiblefor a cairy-over aid as: have been supplied by a member producer, meet certain'quality, size and presentarion requirements, '- are either processed to stabilize them and stored or preservedin accordance with conditions and for a period to be determined. För each of the produas concemed, the aid shall be granted only for quantities not exceeding of the annual quantity of the produas in question put up for sale in accordance with Artide 4 (1). The amount of this aid may not exceed the amount of the technicaland financial costs assodated with the operations which are essential fot stabilizationand storage. The processing methods referred to in this Artide are: (a) freezing, and, where appropriate,boiling; (b) filleting or cutring-up and, where appropriate, heading where these are accompanied by one of the processes listed in (a). Detailed rules for the application of this Artide shallbe adopted in accordance with the procedure laid down in Artide 32. For produas listed in , Member States shall grant flat-rate aid to producers' organizations which praaise intervention in accordance with Artide 8, 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 below and above being allowed; the price may not, however, exceed of the weighted average price recorded for the produa categories in question in the area of acrivity of the producer's organizations concemed during the previous three fishing years; (b) the products withdrawn meet the standards adoptedin accordance with Artide 2; (c) the indemnity granted to assodated producers in respea of the produas withdrawn from the märket is equal to the autonomous withdrawal price applied by the producers' organizations. The flat-rate aid shall be granted for quantities withdrawn from the märket which have been put up fot sale in accordance with Artide 4 (1) and which are disposed of in a way that does not affect the normal disposal of production. 3.The amountof the flat-rate aid shall be of the autonomous withdrawal price applied duringthe current fishing year, this amount being reduced by the value, fixed at astandard amount, of the produa which is disposed of as spedfied in paragraph 2. 4.The flat-rateaid shall also be granted for quantities withdrawn from the märket which are eitherprocessed to stabilize them and stored or preserved in accordance with condirionsand for a period to be determined. The amount of the flat-rate aid in such casesmay not exceed the amount of the technical and financial costs assodated with theoperations which are essential for stabilization and storage. 5.The sumof the quantities eligible for the flat-rate aid pursuant to paragraphs 2 and 4may together not exceed of the annual quantities of the produas concemed putup for sale in accordance with Artide 4 (1). 6.The MemberStates concemed shall introduce a control system ensuring that produas for whichthe flat-rate aid is applied do in faa qualify for it. For the purposes of this control system, redpients of the flat-rateaid shall keep stock records which meet criteria to be determined. MemberStates shall communicate to the Commission at intervals to be laid down a taWe showingaverage produa and category prices recorded at representative wholesale markersor ports. 7.The Council,aaing by a qualified majority on a proposal from the Commission shall dedde, dependingon the alignment of the prices for the spedes referred to under this Altide, ontheir indusion in the list of produas in , pan A. 8.Detailedrules for the application of this Artide shall be adopted in accordance with theprocedure laid down in Artide 32. Chapter 2 Private storage aid Private storage aid for the produas listed inAnnex 11 may be granted to producers' organizations applying Artide 4 (1) to produaion and marketing during the current fishing year. The private storage aid shall be granted where the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than of the guide price referred to in Artide 9(1). 1992/92:199Bilaga 3 No L388/10 3.- The followingrules shall apply to the grant of private storage aid: the produasmust have been fished, frozen on board and landed in the Community by a memberof a producers' organizarion, the aid shallbe restriaed to of the average quantity of the produas offered for sale in theCommunity in accordance with Artide 4 during the same period of three fishing yearspreceding the fishing year in respea of which the aid is granted. Aid may not, however,be granted for more than of the quantity offered for sale during the periodin progress, che produasmust be stored for a minimum period and then placed on the Community märketagain. 4.The amount of theprivate storage aid may not exceed the sum of technical costs and interest fora maximum period of three months. This amount shall be fixed each month degressively. 5.Detailed rulesfor the application of this Artide, in particulai the amount of the private storageaid and the condirions on which it is granted, shall be adopted in accordance withthe procedure laid down in Artide 32. hdp support producers'incomes, avoid the fotmarion of surpluses inthe Community. 3.The Council, aaingby a qualified majority on a proposal from the Commission, shall set the Communityproducer price referred to in paragraph 1 before the beginning of each fishing year. 4.Member States shallnotify the Commission of average monthly prices recorded at representative wholesalemärkas or ports for produas of Community origin as referred to in paragraph 1 whichhave defined commercial charaaeristics. 5.For the purposeof paragraph 4 the representative märkets and ports of the Member States shallbe those where a significant proponion of Community produaion of tuna is marketed. 6.Detailed rulesfor the application of this Artide, in particular the setting of conversion faaorsfor the various spedes, sizes and presentations of tuna and a list of therepresentative märkets and pons referred to in paragraph 4, shall be adopted inaccordance with the procedure laid down in Anide 32. Chapter 3 for canning For the produas listed in , a Community producer price shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shallbe fixed for each fishing year. The Community producer price shall be fixed: on the basis ofthe average of prices recorded for a significant proponion of Community outputand a produa with well-defined commercial charaaeristics on representative wholesalemärkets or in representative pons during the three fishing years immediately precedingthe year for which the price is fixed, taking into accounttrends in produaion and demand. In fixing this price, account shall also be taken of the needto: take into consideration the flows of supply of the Community canning industry. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respea of the produas listed in Armex III if it is found, in respea of a given calendar quarter, that the average selling price recorded on the Community märket, the free-at-frontier price mentioned in Anide 22plus any applicable countervailing charge, are both lower than a triggering threshold of of the Communityproducer price for the produa in question. 2.The allowance shallbe granted to producers' organizations for quantities of the produa in questioncaught by their members and sold and dclivered during the quaner in question tocanning industries located within the customs territory of the Community, subjectto the conditions and limits laid down in this Artide. 3.The allowance maynot exceed: the difference between the triggering thresholdand the average selling price of the produa in question recorded on the Community märket. 1992/92:199 Bilaga3 No L388/11 a flat-rate amount equivalent to of the said threshold. for each producers' organization, the difference betweenthat threshold and the average selling price realied by that producers' organizarion. 4, In the quarter in respea of which the allowance is granted,the total quantities that may be eligible for the allowance shall in no case exceed: of the quantities of tuna used by Communitycanning industry during that quaner, the average quantitiessold and dclivered in accordance with paragraph 2 during the equivalent quanerof the three fishing years preceding the one in respea of which the allowanceis paid, of the averagequantities sold and delivered in accordance with paragraph 2 during the equivalentquaner of the fishing years 1984 to 1986. Within the limits laid down in paragraph 4, the amountof the allowance granted to each producers' organization shall be equal to: the amount laiddown in paragraph 3 for quantities of the produa in question which have been disposedof in accordance with paragraph 2 and which do not exceed the average quanntiessold and delivered under the same conditions by its members in the equivalent quanerin the reference fishing years 1984 to 1986, of the amountlaid down in paragraph 3 for quantities of the produrt in question which exceedthe average quantities referred to in the previous indent, up to a limit of110% of those quantities, of the amountlaid down in paragraph 3 for quantities of the produa in question which exceed thoselaid down in the previous indent and which are equal to the surplus of the quantitiesresulting from the allocdtion among producers' organizarions of the quantities eligiblefor an allowance under paragraph 4. The allocation shall be made between the producers' organizationsconcemed proponionately on the basis of their respectivc produaion during the equivalentquaner in the fishing years 1984 to 1986. of the amountlaid down in paragraph 3 when the amount paid to the producers' organization isequal to that amount, of the amountlaid down in paragraph 3 when the amount paid to the producers' organizarion isequal to of that amount, of the amountlaid down in paragraph 3 when the amount paid to the producers' organization isequal to of that amount. This compensation shall be financed by a fund set up in accordancewith Anide 9 {3). 7.The Council, actingby a qualified majority on a proposal from the Commission, shall adopt general rulesfor the grant of the allowance. 8.Detailed rules forthe application of this Artide, in particular the amount of the allowance and therules for its grant, shall be adopted in accordance with the procedure laid downin Anide 32. 9.The Commissionis to submit a report on the situation of the tuna märket and the operation of theexisting régime and arrangements accompanied, as appropriate, by proposals, before30 1994. , acting in accordance with the procedures of Artide43 of the Treaty, shall dedde on these proposals before . TITLE IV TRADEWrTH THIRD COUNTRIES Chapter 1 Customs arrangements 1.The tariff and statisticalnomendature of the Common Customs Tariff is hereby amended in accordance withAnnex VII. 2.The general mlesfor interpretation of the Common Customs Tariff and the panicular rules for itsapplication shall be applicable to the dassification of produas covered by thisRegulation; the tariff nomendature resulting from the application of this Regulationshall be adopted in the Common Customs Tariff. Producers'organizations shall allocate the allowance granted to their members proponionatelyon the basis of the quantities produced by them and sold and delivered in accordancewith paragraph 2. The allowance paid by a producers' organization to its memberproducers shall be increased by a compensatory payment equal to: 3. ,Saveas otherwise provided in this Regulation, or where derogation therefrom is deddedby the Coundl, acting by a qualified majority on a proposal from the Commission,the following shall be prohibited: the levying of anycharge having an effea equivalent to a customs duty, the application of any quantitativerestriaion. 1992/92:199Bilaga 3 No L388/12 In an cmergency caused by: supply difficultieson the Community märket, or the fulfilmentof intemational commitments, it may be decided or partly to suspend the Common CustomsTariff duties in respea of the produas listed in Anide 1, in accordance with theprocedure laid down in Artide 32. The Commission shall inform Parliamenc and decision taken pursuant to paragraph 1. Chapter 2 Particular provisions for certain produas For a period of four years from the entry into force of this Regulation, the annual imports into the Community of the preserved produas listed in fV, pan C shall be limited to a maximum amount equal to the total volume of imports recoroed during the year 1991, hereinafter called the 'reference year', mulriplied by an annual råte of increase. However, for the produas listed in point 1 of , panC, this Artide shall apply only to produas manufaaured from sardines of the spedessardina pilchardus complying with the standards laid down by Council Regulation(EEC) No 2136/89 of 21 1989 laying down common marketing standards for preservedsardines (').