prop · GG03199 · 1992-12-31 00:00:00 — GEMENSAM FÖRKLARING OM DEN ÖVERENSKOMNA TOLKNINGEN AVARTIKEL 4.1 OCH 4.2 I PROTOKOLL 9 OM HANDELN MED FISK OCH ANDRA MARINAPRODUKTER Även om EFTA-statema inte kommer att omfattas av omfiskeripohtiken är det underförstått att, när hänvisning görs fill stöd medstatliga medel, skaU varje snedvridning av konkurrensen bedömas av deav-tolsslutande parterna inom ramen för artiklarna 92 och 93 i ochi relation till relevanta bestämmelser i om fiskeripohtikensamt innehållet i den gemensamma förklaringen rörande artikel 61.3.C i avtalet. Även om EFTA-statema inte kommer att omfattas av omfiskeripolitiken är det underförstått att, när hänvisning görs tilllagstiftning a-vseende marknadens stmktur, skall varje snedvridning avkonkurrensen som förorsakas av sådan lagstiftning bedömas i relation tillprincipema i om den gemensamma marknadsstrakturen. Närhelsten EFTA-stat upprätthåller eller inför nationella bestämmelser ommarknadsstmktur inom fiskerisektom skall sådana bestämmelser utan vidare ansesförenliga med de principer som hänvisas till i föregående stycke, om deinnehåller åtminstone följande element: a) Lagstiftningenom producentorganisationer återspeglar principerna i i fråga om - etablering på producenternas initiativ - frihet att bli och upphöra att vara medlem - frånvaro av dominerande ställning, såvida dendominerande ställningen inte är nödvändig i följd av syften motsvarande demsom anges i artikel 39 i . b) Närhelst reglema för producentorganisationerutsträcks till att gälla icke-medlemmar, skall de bestämmelser som tillämpasmotsvara dem i artikel 7 i förordning (EEG) nr 3687/91. c)Närhelst bestämmelser rörande ingreppför att stödja prisema finns eller införs motsvarar de dem som anges i avsnittIII i förordning (EEG) nr 3687/91. 1992/93:199 Bilaga 2 1992/92:199Bilaga 3 No L388/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3759/92 onthe common organization of the märket in fishery and aquaculture products THECOUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty estabhshing the EuropeanEconomic Community, and in particular Artides 42 and 43 thereof. Having regard to the proposal from the Commission, Having regard to the opinion of Parhament C), therefore advisable to encourage märket stability byappropriate measures; Whereas one of the steps to be taken to implement thecommon organization of the märket is the apphcation of common marketingstandards to the products concemed; whereas application of these standardsshould have the effea of products of unsatisfactory quality off themärket and (acilitating trade relations based on fair competition, thus helpingto improve the profitability of production; Having regard to the opinion of the Economic and SocialCommittee ('), Whereas the basic provisions conceming the organization ofthe märket in fishery produas must be revised to take account of märketdevelopments, changes in recent years ii> fishing activities and theshortcomings detected in the implementation of the rulcs currently in force;whereas by reason of the number and complexity of the amendments to be made,ihese provisions, unless they are complctely redrafted, will lack the darityessential for any rules; whereas Council Regulation (EEC) No 3687/91 of 28November 1991 on the common organization of the märket in fishery products (')for reasons of darity and rationality, Consolidated the provisions in forcewithout affeaing the substance of the texts; whereas Regulation (EEC) No3687/91 should therefore be replaced; Whereas the common agricultural policy must indude, inpanicular, a common organization of agricultural märkets, which may takevarious forms depending on the products concemed; Whereas the fishing industry is of spedal importance tothe agricultural economy of certain regions of the Community; whereasthat industry provides a major part of the income of fishermen in theseregions; whereas it is C) OJ No C 305, 23. [') OJ No C 313, 30. 1992, p. C) OJ No L 354, 23. 1991, p. Whereas the application of these standards calls for theinspection of the products subjen to them; whereas provision should thereforebe made for such inspection; Whereas it is desirable to make provision under the rulesregulating the märket for measures which would make it possible to adjustsupply to märket requirements and to guarantee, as far as possible, a fairincome to producers; whereas, given the special features of the märket infishery products, the formation of producers' organizations whose members wouldbe bound by certain rules, notably in the matter of production and marketing,would contribute to the attainment of these objecrives; Whereas, to support the activity of these organizationswith regard to production, thus facilitating greater märket stability, MemberStates should be permitted to extend, under certain conditions, to allnon-members who märket goods in a specific region the rules adopted by the organizationin the region in question on behalf of its members with regard, in particular,to the management of authorized catch quotas and markering; Whereas application of the system described above involvescosts to be borne by the organization whose rules have been extended; whereas,therefore, non-members should contribute towards these costS; whereas theMember States concemed should also be afforded the possibility of granting anindemnity to those operators in respect of products which, although they mectmarketing standards, could not be marketed and which are withdrawn from themärket; No L 388/2 1992/92:199 Bilaga 3 Whereasit is desirable to adopt provisions to fadlitate the formation and operation ofthese organizations and the investment entailed in applying their common rules;whereas to this end Member States should be permitted to make aid available tothem, this aid being partly financed by the Community; whereas, however, theamount of this aid should be limited; whereas, it should also be temporary anddegressive, so that the finandal responsibility of producers will graduallyincrease; Whereas, at all events, provisions should be laid down toensure that the producers' organizations do not hold a dominant position in theCommunity; Whereas in order to cope with märket situations which, inthe case of certain fishery products of spedal importance to producers'incomes, are likely to lead to prices which might cause disturbances on theCommunity märket, a guide price which is representative of produaion areas inthe Community and which will be used to determine price levds for interventionon the märket must be fixed for each of these products; Whereas, in order to stabilize prices, producers'organizations should be able to intervene in the märket, notably by applying awithdrawal price below which the products of their members shall be withdrawnfrom the märket; Whereas, it is appropriate in spedfic cases and undercertain conditions to support the activities of producers' organizations byproviding financial compensation for quantities withdrawn from the märket; Whereas the intervention of producers* organizations mustbe restriaed to localized excess supplies which the märket cannot absorb andwhich cannot be avoided by measures of a different kind; whereas the finandalcompensation miist therefore be limited to a volume of production to bedetermined; Whereas, to encourage fishermen to adjust their deliveriesmore accurately to märket requirements, provision should be made for differentlevels of finandal compensation depending on the volume of märket withdrawals; Whereas in view, in particular, of the scarcity of certainspedes, the destruaion of fish of a high commerdal value which have beenwithdrawn from the märket should be avoided where possible; whereas, to thisend, aid should be granted for the processing and storage, for their processingfor human consumption, of certain quantities of fresh produas withdrawn from themärket; whereas all the spedes likely to be withdrawn from the märket must beable to qualify for that measure; Whereas, for some spedes, the regional price disparitiesdo not permit their being covcred at present by the scheme for the grant of financial compensation to producers' organizations;whereas, however, in order to greater märket stability for the productsconcemed, with due account being taken of their characteristics and of thediversity of the drcumstances pcrtaining to their production and marketing, thesaid products should be covered by a Community price support scheme adapted totheir spedfic features; Whereas such a scheme, based on the application of awithdrawal price fixed independently by the producers' organizationsthemselves, was introduced on a temporary basis; whereas it makes provision forgranting flat-rate aid on certain conditions to producers' organizations forproduas that have been the subjea of independent intervention, in the form ofwithdrawal or processing and stocking for human consumption of limitedquantities of those produas; whereas, where application of such a scheme leadsto an alignment of the price as a result of the development of production andmarketing conditions for the spedes concemed, the inclusion of those spedes inthe financial compensation scheme can be envisaged; Whereas monitoring of the märket in the spedes concemedindicates that the effeas of applying the temporary scheme have been in linewith the objeaives set; whereas the said scheme should therefore be madepermanent, the same principles being maintained but the list of spedes beingadjusted; Whereas, where prices for certain frozen produas show asignificant tendency to dedine, provision should be made to permit the grant ofprivate storage aid to producers' organizations for such produas originaring inthe Community; Whereas the effeaiveness of the private storage aid schemeshould be improved, account being taken, in particular, of the spedal featuresof the produaion in question; whereas the trend in that produaion also requiresadaptation of the list of produas concemed; Whereas a fall in import prices for tuna for the canningindustry might threaten the income level of Community producers of this produa;whereas provision should therefore be made for compensation to be granted tothese producers when necessary; Whereas, in the case of tuna, in order to rationalize themarketing of a uniform produa, the compensatory allowance should be reservedfor producers' organizations satisfying certain conditions; Whereas, in order to assess whether a situation exists onthe Community märket linked to the trend of prices on the world märket in tunathat warrants payment of the compensatory allowance, a check must be made thatthe dröp in Community märket prices stems from a dröp in import prices; Whereas, in order to discourage an abnormal increase in tunaproduaion, provision should be made for limits to be laid 4 1992/93. 1992/92:199Bilaga 3 No L 388/3 downwithin which the allowance may be granted to producers* organizations on thebasis of supply conditions recorded on the Community märket; againstany disturbances which might result thercfrom, the Community should be allowedto take necessary measures; Whereas, however, it is in the Community interest thatapplication of Common Customs Tanff duties should be totally suspended forcertain products; whereas, since Community production of tuna is inadequate,conditions of supply comparable to those ruling in exporting third countriesshould be maintained for food-processing industries using these products so asnot to hinder their development in the context of intemational conditions ofcompetition; whereas any disadvantage which this system might present forCommunity tuna producers could be offset by payment of the indemnitiesenvisaged for this purpose; Whereas the tariff nomenclature resulting from theapplication of this Regulation is included in the Common Customs Tariff;whereas this Regulation should include the amendments to the Common CustomsTariff; Whereas experience has shown that it may prove necessaryto take tariff measures very rapidly, in order to ensure the supply of theCommunity märket and to ensure that the Community's intemational undenakingsare complied with; whereas, in order to allow the Community to deal with suchsituations with all the assiduity called for, provision should be made for aprocedure enabling the requisite measures to be taken rapidly; Whereas, for certain products, measures should be takenwith regard to imports coming from third countries at abnormally low prices, soas to avoid disturbances on Community märkets; whereas, in order to ensure thegreater cfficiency of these measures, it is appropriate, on the one hand, toimprove the system whereby import prices are cstablished, and, on the otherhand, to extend the list of those produas which may be made subjea to thereference price system; Whereas the levying of any customs duty or charge havingequivalent effea and the application of any quantitanve restriction or measurehaving equivalent effea are prohibited in the intemal trade of the Community bythe provisions of the Treaty; Whereas the of a single märket based on acommon price system would be jeopardized by the granting of certain aids;whereas, therefore, the provisions of the Treaty whereby aids granted by MemberStates can be cxamined, and those which are incompatible with the common märketprohibited, should be made to apply to the fishing industry; Whereas the common organization of the märket in fisheryproduas must take appropriate account, at the same time, of the objeaives setout in Anicles 39 and 110 of the Treaty; Whereas implementation of this common organization mustalso take account of the faa that it is in the Communitys interest to preservefishing grounds as much as possible; whereas the financing of measures relatingto quantities exceeding those which might be allocated to the Member Statesshould therefore not be permitted; Whereas, in order to facilitate implementation of theproposed measures, there should be a procedure for estabhshing closecooperation between Member States and the Commission within a managementcommittee; Whereas the expenditure incurred by the Member States as aresult of the obligations arising out of the application of this Regulationfalls on the Community in accordance with the provisions of Artides 2 and 3 ofCouncil Regulation (EEC) No 729/70 of on the financing of thecommon agricultural policy ('), Whereas,for the majority of the produas, the system thus introduced allows forrenunciation of all quantitative restriaive measures at the extemal frontier ofthe Community and for applying only the customs duty of the Common CustomsTariff aaually Icvied; Whereas, however, for some produas, in order to enable theCommunity processing industry to adjust its production conditions in such a wayas to improve its competitive position whith regard to imports from certainthird countries, Community impon arrangements should be introduced on atemporary basis for the said produas; whereas the objeaive of the scheme mustbe to limit the development of the quantities imported of the produas inquestion in accordance with criteria to be defined, while respeaing theCommunity's intemational obligations; Whereas the safeguard mechanism may, in exceptionajdrcumstances be impaired; whereas, in order not to leave, should this happen,the Community märket defenceless HAS ADOPTED THIS REGULATION: A common organization of the märket in fishery produas ishereby established, comprising a price and trading system and common rules oncompetition. For the purpose of this Regulation the expression*fisheries produas* shall include catch products and acquaculture produas. This organization shall cover the following produas: (O OJ No L 94, 28. 1970, p. Regulation as lastamendcd by Regulation (EEC) No 2048/88. (OJ No L 185, 15. 1988, p. 1992/92:199Bilaga 3 No L 388/4 (a) 0301 0302 0303 0304 Fish, fresh or chilled, exduding fish fillets and other fish mcat of heading No 0304 Fish, frozen, exduding fish filicts and other fish meat of heading No 0304 Fish fillets and other fish mcat (whether or not minced), fresh, chilled or frozen (b) 0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or dunng the smoking process; fish meal, fit for human consumption (c) 0306 0307 Crustaceans, whether in shdl or not, live, fresh, chilled, frozen, dried, salred or in brine; crustaceans, in shcIl, cooked by stcaming or by boiling in watcr, whether or not chilled, frozen, dried, salted or in brine MoUuscs, whether in sheli or not, live, fresh, chilled, frozen, dried, salted, or in brine; aquatic invenebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine 0511 91 10 0511 91 90 Animal produas, not ciscwherc spcdfied or indudcd; dcad animals of Chapter 1 or 3, unfit for human consumption: Products of fish or crustaceans molluscs or other aquaric invertebrates; dead animals of Chapter 3: - - - Other (c) 1604 Prepared or prescrved fish; caviar and caviar substitutcs prepared from fish eggs (f) 1605 Crustaceans, molluscs and other aquatic invenebrates, prepared or preserved Pasta, whether or not cooked or stuffcd (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, canelloni; couscous, whether or not prepared: Comaining more than by weight of fish, crustaceans, molluscs or other aquatic invenebrates Fiours, meals and pellets, of meat or of meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: Fiours, meals and pellets, of fish or of crusuceans, molluscs or other aquatic invenebrates When marketing standards have been adopted, the produasto which they apply may not be displayed for sale, offered for sale, sold orotherwise marketed unless they conform to these standards, subjea to specialrules which may be adopted for trade with third countries. Common marketing standards and the scopc of suchstandards may be determined for the products listed in Artide 1 or groups ofthese produas; these standards may, in particular, cover dassification byquality, sire or weight, packing, presentation and labelling. 3.The marketingstandards arid general rules for their application, induding the special rulcsreferred to in paragraph 2, shall be adopted by the Council aaing by aqualified majority on a proposal from the Commission. 4.Other detailedrules of application, and in particular the adjustments to be made to thecommon marketing Prop.1992/92:199 Bilaga 3 No L388/5 standardsto take account of changes in produaion and sales conditions, shall be adoptedin accordance with the procedure laid down in Artide 32. toapply, with regard to produaion and marketing, rules which have been adopted bythe organization with the particular aim of improving produa quality, adaptingthe volume of supply to märket requirements and ensuring proper management ofthe catch quotas authorized. Produasfor which common marketing standards have been adopted shall be subjea to inspeaion by Member States for conformity with these standards. This inspeaion may take place at all marketing stages andduring transport. 2.MemberStates shall take all appropriate measures to penalize infringements of Artide2. 3.Notlåter than one month after the entry into force of each marketing standard,Member States shall notify the other Member States and the Commission of thename and address of the bodies entrusted with the inspeaion of each produa orgroup of produas for which a standard has been adopted. 4.Detailedrules for the application of paragraph 1 shall be adopted as necessary inaccordance with the procedure laid down in Artide 32, account being taken inparticular of the need to ensure coordination of the work of the inspectionbodies and uniformity in the interpretation and application of common marketingstandards. to apply, where the concemed has provided forthe management of some or all of its national catch quota or quotas to bemanaged by producers' organizations, within the limit of any quantitiesallocated to that from the total volume of allowable catches forthe stock or group of stocks in question, the measures necessary to ensure theproper management of the catch quotas authorized. The producers' organizations must not hold a dominantposition on the common märket unless necessary in pursuance of the objeaives inAnide 39 of the Treaty. , aaing by qualified majority on a proposalfrom the Commission, shall adopt general rules for the application of thisArride. TITLE II PRODUCERS- ORGANIZATIONS 1.Where a producers' organization is considered to be representative ofproducrion and marketing in one or more landing places on part of the coast ofa , the concemed may oblige producers who are notmembers of the organization and who märket any of the produas referred to inArtide 1 within the area of which the producers' organization is representativeto comply with: Chapter 1 Role of producers' organizations For the purpose of this Regulation, *producers'organization' means any recognized organization or association of suchorganizations, established on producers' own initiative for the purpose oftaking such measures as will ensure that fishing is carried out along rationallines and that conditions for the sale of their produas are improved. These measures, which shall be designed in particular topromote implementation of catch plans, concentrations of supply andregularization of prices, shall require members; todispose,through the organization, of their totaloutput of the product or products in respea of which they are members; theorganization may decide that this lequirement can be waived if produas aredisposed of in accordance with common fules established in advance. (a)themarketing or produaion mles referred to in the second indent of the secondsubparagraph of Artide 4(1); (b)therules adopted by the organization concemed on märket withdrawal and carry-overfor the fresh or chilled produas referred to in points (a) and (c) of thesecond paragraph of Artide 1. However, the rules can be extended to non-members in thecase of the produas listed in 1, pans A and D only in so far as thewithdrawal price is equal to the price fixed in accordance with Artide 11 and,in the case of the produas listed in 1, E, only if the intervention priceis equal to the price fixed in accordance with Anide 13. It may be decided that the rules referred to above shallnot apply to certain categories of sales. Member States shall notify to the Commission the ruleswhich they intend to make obligatory pursuanc to paragraph 1. 1992/92:199Bilaga 3 No L388/6 The Commissionshall, as soon as possible and in any.event within two months of theirnotification, inform the concemed by means of a reasoned dedsionon whether the rules notified may be made obligatory. In the event that the Commission fails to take a dedsionwithin the spedfied period, the Member States concemed may make the notifiedrules obligatory. the selling price fixed in accordance with Aitide 13 forthe.products listed in Aimex I, part E. . The expenditure resulting from the granting of theindemnity referred to in paragraph 1 shall "be bome by the Member Stateconcemed. 3. to: Member States shall take all appropriate measures ensure that the rules referred to in paragraph 1 arecomplied with, Chapter2 Aid for producers' organizations penalize breaches of those mles. They shall forthwith inform the Commission of suchmeasures. Member States may make aid available to producers'organizations established after 1 January 1993 to encourage their formation andto fadlitate their operation. 4.Whereparagraph 1 is applied, the concemed may decide that non-membersare liable to the organization for all or part of the fees paid by memberproducers in so far as these fees are intended to cover administrative costsresulting from the application of the system referred to in paragraph 1.