COMMISSION REGULATION (EEC) No 2210/93 of 26 July 1993 on the communication of information for the purposes of the common organization of the market in fishery and aquaculture products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), as amended by Regulation (EEC) No 697/93 (2), and in particular Articles 8 (5), 10 (3), 14 (5), 15 (8), 17 (6), 23 (5) and 30 thereof,
Whereas the Commission has to be able to monitor the price stabilization activities of the producers' organizations and the way in which they apply the systems of financial compensation and carry-over premiums;
Whereas the Community intervention arrangements pursuant to Regulation (EEC) No 3759/92 require information to be available on the prices recorded on the wholesale markets and in representative ports of the Community;
Whereas the markets and ports of the Member States to be considered representative for a given product have to be established;
Whereas it is also necessary to stipulate how frequently the market prices are to be recorded and related notifications made;
Whereas improved organization has led to an increase in the number of notifications relating to the application and monitoring of Community intervention arrangements in the common organization of the markets;
Whereas the provisions relating to the communication of data are laid down in Commission Regulation (EEC) No 1106/90 of 18 April 1990 concerning the communication of information for the purposes of the common organization of the market in fishery products (3), as last amended by Regulation (EEC) No 1672/92 (4); whereas experience has shown the need to simplify, standardize and rearrange the data transmitted; whereas it is also necessary to take account of the contents of Regulation (EEC) No 3759/92; whereas it is therefore necessary to drawn up a new regulation and to repeal Regulation (EEC) No 1106/90;
Whereas it is necessary to have certain data available in order to establish the flat-rate aid; whereas the communication of this data is provided for in Commission Regulation (EEC) No 4176/88 of 28 December 1988 setting down detailed rules of application for the granting of flat-rate aid for certain fishery products (5); whereas, since various provisions of that Regulation have been regrouped in this Regulation, Article 15 thereof should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
TITLE I Application of withdrawal and selling prices by producers' organizations
Article 1
1. Member States shall communicate the information specified in Article 8 (4) of Regulation (EEC) No 3759/92, hereinafter referred to as 'the basic Regulation', to the Commission within two months of commencement of the fishing year in which the withdrawal and selling prices apply.
Where the withdrawal and selling prices are fixed by an association grouping two or more producers' organizations, each producers' organization intending to apply the arrangements communicated must be named.
2. Member States shall, without delay, notify the Commission of any change in the information referred to in paragraph 1.
TITLE II Products listed in Annex I (A), (D) and (E) to the basic Regulation
Article 2
The notifications specified in Article 10 (1) of the basic Regulation shall comprise, for each of the products listed in Annex I (A), (D) and (E) to that Regulation and for each representative market or port:
1. the following monthly data for each product:
(a) the average market price weighted according to the quantity marketed;
(b) the total quantity marketed;
(c) the total quantity withdrawn from the market;
2. the following six-monthly data for each product category:
(a) the average six-monthly market price;
(b) the quantities marketed;
3. moreover, if the market in a product slumps or undergoes disturbance or is threatened with such, the data shall be communicated at least weekly, with separate figures for each market day.
Article 3
1. In respect of each product listed in Annex I (A), (D) and (E) to the basic Regulation, Member States shall notify the Commission every six months of:
(a) the quantities withdrawn from a remaining unsold on the market at, as appropriate:
- the Community withdrawal and selling prices and, where applicable, the regionalized withdrawal price,
- the autonomous withdrawal price.
The categories of each product withdrawn must be specified;
(b) thew average price obtained and the quantities disposed of broken down by manner of disposal referred to in Article 1 of Regulation (EEC) No 1501/83 (6) and by product;
(c) the quantity of each product benefiting from the carry-over premium broken down by category, the type of processing carried out and the average wholesale selling price of the processed products.
2. After the fishing year has ended, producers' organizations shall communicate to the Member State to which they belong, in respect of the products listed in Annex I (A), (D) and (E) of the basic Regulation, the quantities of products sold by the organization and the quantities for which financial compensation or carry-over premiums, as provided for in Articles 12 and 14 of the basic Regulation, have been granted.
Article 4
Member States shall communicate to the Commission by 15 September each year the amount of technical costs in respect of freezing, storage, filleting, salting and drying, cooking and keeping live in tanks.
The communications shall refer to the data of the previous year and shall relate to the products listed in Annex I (A), (D) and (E) of the basic Regulation.
TITLE III Notifications concerning the products listed in Annexes II and III to the basic Regulation
Article 5
Member States shall communicate to the Commission the information referred to in Article 10 (1) of the basic Regulation, which shall comprise, for each product listed in Annex II to that Regulation selected for the fixing of the guide, price and for each representative market or port:
- the average monthly market price, weighted according to the quantities marketed,
- the total of the quantities sold during that month.
Article 6
Member States shall communicate to the Commission the information referred to in Article 17 (4) of the basic Regulation, which shall comprise, for each species and commercial presentation specified in Annex III to that Regulation, and for each representative market or port:
- the average monthly market price, weighted according to the quantities marketed,
- the total of the quantities marketed during that month.
Figures shall be given separately for fresh and chilled products on the one hand and frozen products on the other.
Article 7
1. For products referred to in Annexes II and III of the basic Regulation, producers' organizations shall communicate to the relevant authorities of the Member States concerned at least the following monthly data for each species and commercial presentation:
(a) for products referred to in Annex II:
- the quantity landed by their members,
- the quantity sold and the average selling price,
- the quantity unsold and intended to be put into cold storage,
- the quantity put back on the market following storage;
(b) for products referred to in Annex III:
- the quantity sold and delivered to the processing industry and the average selling price.
The Member States shall forward these communications to the Commission monthly.
2. Should it be found that selling prices are lower than the level specified in Article 16 (2) of the basic Regulation and are likely to remain so, the producers' organizations shall communicate the information referred to in paragraph 1 of this Article to the Member State weekly, with separate figures for each market day. The Member State shall transmit this information to the Commission immediately.
TITLE IV Notifications concerning certain products of Annex IV (A) to the basic Regulation
Article 8
Member States shall communicate to the Commission, every year before 1 November, the average monthly production prices recorded in the representative production zones and the quantities marketed for products with defined commercial characteristics. Each notification shall cover the three years preceding fixing of the reference prices.
'Product with defined commercial characteristics' means:
- for carp: live carp of a minimum weight of 800 grams,
- for salmon: whole Atlantic salmon of a minimum weight of 900 grams.
'Production price' means the producer's selling price to the wholesaler.
TITLE V Notifications concerning communication regarding products listed in Annex VI to the basic Regulation
Article 9
Member States shall communicate to the Commission for each of the products listed in Annex VI to the basic Regulation:
(a) the standard value deduction, broken down in accordance with Article 7 of Regulation (EEC) No 4176/88, within one month of the beginning of each fishing year at the latest;
(b) a table giving details, by product and product category, of the average prices observed and the quantities marketed through the wholesale markets or representative ports, within one month of the end of each half-year;
(c) the average product price (all categories) and total landings in the Member State concerned during the preceding fishing year within five months of the end of each fishing year.
TITLE VI General provisions
Article 10
1. The representative wholesale markets and ports referred to in Articles 10 (2) and 17 (4) of the basic Regulation shall be those listed in Annex I hereto for the products indicated.
2. The average market price shall be the average price at the stage of first sale, weighted by the quantities marketed, no account being taken of any withdrawn.
Article 11
1. All notifications referred to in this Regulation shall be transmitted to the Commission by telex, fax of direct computer link (electronic mail) in the form set out in Annexes II to XIII hereto.
2. Save as otherwise provided, communications to the Commission shall be transmitted by the following dates:
- in the case of monthly communications, by the final day of the following month,
- in the case of six-monthly communications, by 31 August for the first half-year, and before 1 March of the following year, for the second half-year.
Article 12
Regulation (EEC) No 1106/90 is repealed.
Article 13
Article 15 of Regulation (EEC) No 4176/88 is deleted.
Article 14
This Regulation shall enter into force on 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1993.