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"B COMMISSION REGULATION (EC) No 142/98
of 21 January 1998
laying down detailed rules for granting the compensatory allowance for tuna intended for the processing
industry
(OJ L 17, 22.1.1998, p. 8)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 150/2001 of 25 January 2001 L 24 10 26.1.20011998R0142 — EN — 02.02.2001 — 001.001 — 1
COMMISSION REGULATION (EC) No 142/98
of 21 January 1998
laying down detailed rules for granting the compensatory allowance for
tuna intended for the processing industry
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 3759/92 of 17 December
1992 on the common organisation of the market in fishery and aquacultureproducts (
1), as last amended by Regulation (EC) No 3318/94 (2), and in
particular Article 18(6) thereof,
Whereas Article 18 of Regulation (EEC) No 3759/92 provides for an
allowance to be paid to producers’ organisations if it is found that the prices
of given products, during a given quarter, are below a specified triggeringthreshold;
Whereas, for the purposes of applying the allowance system, the selling price
referred to in Article 18(1) of Regulation (EEC) No 3759/92 should bedefined;
Whereas, for the quantities for which entitlement to the allowance has been
established, rules should be laid down governing the submission of
applications for and payment of the allowance, including conditions relating
to furnishing proof of the Community origin and the Community nature of theproducts;
Whereas the framework and objectives of the control procedure should be laid
down, while it should be left to the Member States’ control authorities toadopt suitable provisions for effective regular monitoring of the system
introduced;
Whereas the allowance system is open to specific risks of fraud, in particular
on account of the fact that the allocation and payment of the allowance are
decided after the expiry of the quarterly periods concerned; whereas, with aview to minimising such risks, in the case of a false declaration madeintentionally or by serious negligence, the beneficiary should pay the Member
State an amount equal to 50 % of the allowance concerned without prejudice
to the recovery of the allowance and payment of interest; in the case of asecond infringement, the organisation or the member concerned shall also be
ineligible for the allowance for the eight quarters following the quarter
concerned;
Whereas it should be laid down that an infringement of the tuna allowance
scheme with limited implications does not entail the total withdrawal of theright to the allowance but only a standard reduction thereof;
Whereas, to ensure the correct functioning of the system in question, certain
rules should be laid down regarding the notifications to be made by theMember States;
Whereas Commission Regulation (EEC) No 2381/89 of 2 August 1989 laying
down detailed rules for granting compensation to producers of tuna for the
canning industry (
3) should be repealed;
Whereas the Management Committee for Fishery Products could not express
an opinion as regards the measures provided for in this Regulation within the
time required by its President,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down detailed rules for granting the allowance referred
to in Article 18 of Regulation (EEC) No 3759/92, hereinafter referred to as
the ‘Basic Regulation’.!B
(1) OJ L 388, 31. 12. 1992, p. 1.
(2) OJ L 350, 31. 12. 1994, p. 15.
(3) OJ L 225, 3. 8. 1989, p. 33.1998R0142 — EN — 02.02.2001 — 001.001 — 2
Article 2
1. The grant of the allowance and its maximum amount shall be determined
by means of a Regulation adopted in accordance with the procedure laid down
in Article 32 of the Basic Regulation, where it has been ascertained that theconditions laid down in Article 18(1) of the Basic Regulation are met for thequarter in question.
2. The allowance shall be granted to producers’ organisations, subject to the
limits laid down in Article 18(3) of the Basic Regulation, for the products
listed in Annex III to the said Regulation, caught by its members and sold anddelivered to processors established within the customs territory of the
Community for complete and definitive processing into products falling
within CN code 1604.
Article 3
The average selling price recorded on the Community market referred to in
the first indent of Article 18(1) of the Basic Regulation shall be determined by
the Commission on the basis of the monthly average prices notified by the
Member States pursuant to Article 7(1)(b) of Commission Regulation (EEC)No 2210/93 (
1).
Member States shall determine the monthly average prices on the basis of the
selling prices during the reference month as invoiced by the producers’
organisations or their members, at the stage of the first-hand sale in theCommunity. The selling price shall be determined:
— in the case of products sold at landing, for merchandise on board,
alongside quay,
— in the case of products sold following storage by the producers’
organisation or its members, at warehouse.
Article 4
Within the limits of the volumes as laid down in Article 18(3) of the Basic
Regulation, the competent authorities of the Member State concerned shall
grant the allowance to producers’ organisations in accordance with Article
18(4) of the said Regulation.
Article 5
The operations to be taken into account for determining entitlement to the
allowance shall be sales which have invoice dates within the relevant quarter
and which have been taken into account for calculating the average monthly
selling price referred to in Article 3.
Article 6
1. Applications for payment of the allowance, accompanied by the
supporting documents referred to in paragraph 2, shall be submitted by the
producers’ organisation concerned, for all the operations taken into accountpursuant to Article 5, to the competent authorities of the Member State inwhich the producers’ organisation is established, not later than 45 days after
the entry into force of the Regulation provided for in Article 2(1).
2. The supporting documents shall be as follows:(a) a copy of the invoice for the sale of the products, showing at least the
names and addresses of the buyer and seller, as referred to in Article 2(2)and, for each consignment of a given category of product:
— the quantity sold,— the selling price actually charged,— the date of delivery,— the place of delivery;
(b) proof of the Community origin and hence of the Community nature of the
products;!B
(1) OJ L 197, 6. 8. 1993, p. 8.1998R0142 — EN — 02.02.2001 — 001.001 — 3
(c) proof of delivery of the products in question to a processor established in
the customs territory of the Community;
(d) proof of payment for the goods at the price referred to in the second
indent of point (a);
(e) a declaration by the processor that the quantity purchased is intended for
processing in accordance with Article 2(2).
3. Proof of Community origin and of Community nature as required by
paragraph 2(b) shall be furnished by:
— the T2M document in accordance with Articles 325 to 337 of
Commission Regulation (EEC) No 2454/93 (1).
To that end, the customs office which validated the entry of the products
into the customs territory of the Community in accordance with Article
334 of Regulation (EEC) No 2454/93 shall provide the applicant with a
single copy of the T2M document bearing the words ‘SINGLE COPYFOR COMPENSATOR Y ALLOWANCES’.
The applicant specified in box 1 of the T2M document must be the
producer who caught the products for which the allowance application is
submitted,
— where the customs authorities at the port where the products are landed
have waived production of the T2M document within the meaning ofArticle 326(2) of Regulation (EEC) No 2454/93, proof of Community
origin shall be established by the declaration provided for in Article 8(1)
of Council Regulation (EEC) No 2847/93 (
2) or by a document duly
endorsed by the competent authorities of the Member State of landingcertifying landing in the customs territory of the Community,
— the document furnished as proof of origin of the products must clearly
indicate the species, presentation and weight of products. If necessary, itwill be supplemented by a certificate of weighing on landing in the
customs territory of the Community issued by the competent authorities
of the Member State of landing.
Article 7
1. The allowance shall be paid to the producer’ s organisation by the Member
State concerned within 75 days of receipt of the complete file as referred to inArticle 6(1), except where an administrative inquiry into entitlement to the
allowance has been initiated.
2. The allowance shall be passed on by the producers’ organisation to its
members within 90 days of receipt of the amount from the Member State.
3. The Member States concerned shall notify the Commission each quarter,
not later than one month after the end of the quarter in question, of thepayments made by producers’ organisations and the period for which they aregranted under paragraph 1 and the quantities of each relevant species.
Article 8
1. The Member States concerned shall set up a control system for checking
that the products for which the allowance is claimed qualify for it and that all
other relevant Community rules are observed.
2. Detailed rules governing the control system must provide at least for the
following:
— provisions concerning verification of the Community origin and
Community nature of the products, particularly on the basis of ship’ sdocuments,
— identification in the sales records of the producers’ organisations or of
their members or their service providers of the operations taken intoaccount under these arrangements and, for each quantity in question, thereference to the T2M document or document replacing it, the date of sale
and delivery, the buyer of the product, the price at which the said quantity
was sold and the reference number of the invoice. The sales records willtherefore be accordingly,!B
(1) OJ L 253, 11. 10. 1993, p. 1.
(2) OJ L 261, 20. 10. 1993, p. 1.1998R0142 — EN — 02.02.2001 — 001.001 — 4
— unannounced inspections at the premises of producers’ organisations or
their members or their service providers in order to verify on the spot thatthe data mentioned in Article 6(2) and (3) correspond to the actualsituation,
— direct inspections of the processing establishments, in particular with the
aim of verifying on the spot that products purchased under these
arrangements have in fact been sent for processing in accordance with
Article 2(2).
3. Inspections shall be covered by a detailed report on the extent to which
the recipient of the allowance has fulfilled the commitments, as well as on thenature and scope of the checks carried out.
4. The Member States shall notify the Commission each quarter of the
inspections undertaken and their outcome.
Article 10
The Member States concerned shall notify the Commission of the control
measures set up pursuant to Article 8 not later than three months after the dateof entry into force of this Regulation and of any adjustments to those
measures within three months of their introduction.
Article 11
The conversion rate applicable to the allowance shall be that set in Article 5 of
Commission Regulation (EC) No 3516/93 (
1).
Article 12
Regulation (EEC) No 2381/89 is hereby repealed.
Article 13
This Regulation shall enter into force on the 20th day following its publication
in the Official Journal of the European Communities .
It shall apply from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
(1) OJ L 320, 22. 12. 1993, p. 10.!M1
!B1998R0142 — EN — 02.02.2001 — 001.001 — 5