1992R3901 — EN — 21.06.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 3901/92
of 23 December 1992
introducing detailed rules for granting carryover aid on certain fishery products
(OJ L 392, 31.12.1992, p. 29)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 2134/93 of 28 July 1993 L191 86 31.7.1993
►M2Commission Regulation (EC) No 3515/93 of 20 December 1993 L320 8 22.12.1993
►M3Commission Regulation (EC) No 3516/93 of 20 December 1993 L320 10 22.12.1993
►M4Commission Regulation (EC) No 1337/95 of 13 June 1995 L129 5 14.6.1995
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COMMISSION REGULATION (EEC) No 3901/92
of 23 December 1992
introducing detailed rules for granting carryover aid on certain
fishery products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3759/92 of 17
December 1992 on the common organization of the market in fisheryand aquaculture products(
1), and in particular Article 14 (4) thereof,
Whereas Council Regulation (EEC) No 3759/92, Article 14, provides
forthegrantingofcarryoveraid,oncertainconditions,forthestabiliza-tionorprocessingandstorageforthepurposeofhumanconsumptionofthe products set out in Annex I, points A, D and E of the saidRegulation, and which have been withdrawn from the market;
Whereasonlythosecategoriesofthesaidproductswhicharefitforsale
following storage or preserving should qualify for this aid; whereasconsequently these categories should be defined;
Whereas the carryover aid and financial compensation for withdrawals
mechanisms are parallel and complementary as regards their operationandsharethesameobjectiveofstabilizingthemarketintheproductsinquestion; whereas the conditions on which the quantities may qualifyfor these mechanisms should therefore be identical and the use of atolerance margin made subject to the same conditions under bothsystems;
Whereas, to ensure product quality and to facilitate the disposal of
products on the market, the minimum requirements to be satisfied byoperations qualifying for aid should be laid down, together with therequirements for storage and return to the market;
Whereas, to prevent fraudulent operations, in particular in the case of
preservation live in tanks or cages, an appropriate system for storageand marking should be introduced;
Whereas the technical and financial costs taken into account in calcu-
lating the amount granted in aid should be defined;
Whereastheproducers’organizationsshouldcontributetotheeconomic
costs related to the implementation of the carryover aid scheme;whereastheamountofaidshouldbefixedonthebasis,inparticular,ofthe cost of the stabilization and storage operations and financial costs;whereas, therefore, the aid should be paid on a sliding scale reflectingthedurationoftheperiodofstorage;whereas,forthesamereasons,theperiodofstorageforwhichanaidmeasureisforeseenshallnotexceedsix months;
Whereas, to increase the efficacy of the controls, the recipients of the
aid are to keep stock records; whereas the records must include theparticulars necessary for the purposes of the said controls, the arrange-ments for which are to be introduced by the Member States;
Whereas the procedure whereby interested parties may submit applica-
tions for the aid should be laid down;
Whereas the procedure should also be laid down for the granting of
advances and the amount of the relevant security and the conversionrate applying to the aid and the advances should be specified;
Whereas, in the event of a minor infringement of the rules of the
carryoveraidscheme,thelimitedfinancialadvantageresultingfromthis
(1) OJ No L 388, 31. 12. 1992, p. 1.
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infringement should not be sanctioned by the total withdrawal of the
right to the aid, but only by a standard reduction thereof;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation introduces detailed rules for granting the carryover aid
referred to in Article 14 of Regulation (EEC) No 3759/92, hereinafterreferred to as the ‘basic Regulation'.
Article 2
1. Onlyproductsmeetingthestandardsoffreshness,presentationand
size set out in Annex I hereto shall be eligible for carryover aid.
2. Carryover aid shall be paid to producers’ organizations only for
fishery products as referred to in paragraph 1 which fulfil the terms ofArticle 4 (1) of Regulation (EEC) No 3759/92.
3. Article 2 (1), (2) and (3) of Commission Regulation (EEC) No
3902/92(
1)ontheoperationoftheCommunitywithdrawalpriceandthe
application under the withdrawal system of the tolerance marginreferred to in Article 12 (1) (a) of the basic Regulation shall apply asappropriate to the withdrawal and sale arrangements provided for inArticle 14 (1) of the basic Regulation.
4. Payment of the carryover aid for eligible quantities of products in
accordance with paragraph 1 shall be subject to the condition that, fortheproductorgroupofproductsconcerned,allthequantitiesputupforsale by the producers’ organization or its members during the fishingyear must have been classified previously in accordance with themarketing standards referred to in Article 2 of the basic Regulation.
Article 3
1. In order to qualify for carryover aid, products must undergo
processingbyoneormoreofthemethodslistedinArticle14(4)ofthebasic Regulation within 48 hours of their withdrawal from the market;this processing may be carried out by the producers’ organizationconcerned or, within the same period, by an industrial enterprise towhich the producers’ organization sends the products.
Duringtheallottedtimebeforetheprocessingoperations,productsmust
be stored in such a way as to guarantee the upholding of their initialfreshness category.
2. Without prejudice to more restrictive national requirements or
commercial standards practised in the Member States, the variousprocessing methods must meet the following minimum conditions:
(a) freezingmustbecarriedoutinappropriateinstallationswhichguar-
anteeinter aliathat a temperature of −18 °Cis reached at the
centre of the product within five hours at the most;
(b) salting must take the form of treatment which guarantees that the
salt content of the finished product is not less than 8 %;
(c) drying must be carried out in such a way that the water content of
the processed product does not exceed 40 %.
3. The storage of live edible crabs in suitable fixed tanks or cages
supplied with sea or salt water and approved for the purpose byMember States shall qualify as preservation for payment of the carry-over aid.
(1) OJ No L 392, 31. 12. 1992, p. 35.
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Article 4
Only products which, having been irreversibly processed, meet the
following minimum conditions shall qualify for the carryover aid:
1. Storage
(a) in the case of frozen products:
— the period of storage must not be less than 15 days as from
the date on which processing is completed,
— the storage temperature must not be higher than −21 °C;
(b) inthecaseofsaltedordriedproducts,theperiodofstoragemust
not be less than five days as from the date on which processingis completed;
(c) inthecaseofallstoredproducts,theidentificationforinspection
purposes of processed lots as coming from the correspondinglots of fresh product must be guaranteed by arrangements forstorage and marking which are deemed appropriate by thecompetent authorities of the Member States.
2. Return to the market
(a) allproductsshallbeplacedbackonthemarketinlotswhichare
homogeneous in terms of species, presentation, packaging and,where relevant, freezing.
All products shall, furthermore, be returned to the market in
accordance with the provisions in force in each Member Statefor the marketing of products for human consumption;
(b) productsstoredliveintanksorcagesshallbeplacedbackonthe
market for sale in such a way as not to interfere with normalmarketing of the products concerned. Once returned for sale,productsmaynotbestoredafurthertimeinordertoqualifyforthe aid.
The producers’ organizations concerned shall take all necessary
measures to this end, which may include a minimum storageperiod.
Article 5
1. The level of the carryover aid shall be fixed before the beginning
of each fishing year in accordance with the procedure laid down inArticle 32 of the basic Regulation, on the basis of the technical andfinancialcostsofoperationsindispensableforstabilizingandstoringtheproducts in question as recorded in the Community during the previoussuch year, but discounting the highest of such costs. The carryover aidshall be fixed per unit weight, to be applied to the net weight of theproducts listed in Annex I.
2. The carryover aid shall be granted for a maximum period of six
months only. The amount of the aid in the first month shall be calcu-lated on the basis of stabilization and storage costs. For the subsequentmonths it shall be calculated on the basis of monthly storage andfinancial costs.
3. Entitlement to the carryover aid for the first month shall be
deemed to be established for quantities of products meeting theminimum storage criteria set out in Article 4 (1). For subsequentmonths, the entitlement shall be calculated in proportion to the actualduration of storage, on a basis of a 30th of the aid amount per day instore.
The second month of storage shall commence 30 days after the date
when storage begins.
Article 6
1. Member States shall establish a monitoring system to ensure that
the products in respect of which aid has been applied for are eligible.
2. For monitoring purposes, aid recipients shall keep a daily stock
recordandshallcommunicatetheinformationnecessaryformonitoring
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purposes to the competent authorities of their Member State on amonthly basis.
3. Theparticularswhichmustberecordedinthestockrecordandthe
information to be communicated to the competent authorities shall bedetermined by each Member State.
Article 7
1. Carryover aid shall be paid to the producers’ organization
concerned only once the competent authorities in the Member Statehave satisfied themselves that the quantities in respect of which aid isapplied for:
— do not exceed the limit given in Article 14 (3) of the basic Regula-
tion,
— have been either processed and stored or preserved, and subse-
quently placed back on the market, in accordance with the terms ofthis Regulation.
2. Applications for the aid shall be submitted by producers’ organ-
izations to the competent authorities of the Member State within eightmonths from the end of the fishing year in question.
The particulars to be given in applications shall be determined by the
Member States.
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4. The national authorities shall pay carryover aid by 31 October, atthe latest, following the end of the fishing year in question.
Article 8
1. Member States shall grant a monthly advance on carryover aid to
producers’organizationsmakinganappropriateapplicationinrespectofall quantities of product on which aid is required in that month,provided applicants have lodged a security equal to 105 % of theamount of the advance.
Advances shall be calculated in accordance with the method set out in
Annex II.
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Article 9
1. Whereaproducers’organizationoroneofitsmemberscommitsa
minor infringement of the rules of the carryover aid scheme and thatorganization can prove to the satisfaction of the Member Stateconcerned that the infringement has been committed without intent todefraud or as a consequence of gross negligence, that Member Stateshallwithhold an amount equalto 10 % of theCommunity withdrawalorsalespriceapplicabletothequantitiesofproductinrespectofwhichaid was to be paid.
Any sums withheld shall be credited to the EAGGF.2. Where an infringement of the financial compensation scheme is
committed as a consequence of gross negligence or with intent todefraudbyaproducers’organizationoroneofitsmembers,aidwillbewithheld from the producers’ organization in question for the fishingyear concerned and for the following year. Any advances paid for thatfishing year shall be refunded.
3. Member States shall notify the Commission each month of the
cases in which they have applied paragraph 1.
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Article 10
The level of carryover aid fixed for the fishing year concerned shall
apply to products entering storage during that year, irrespective of theend of the storage period.
Article 11
1. Each Member State shall notify the other Member States and the
Commissionofthenameandaddressofthebodydesignatedtopaythecarryover aid.
2. Each Member State shall immediately notify the Commission
when it adopts the measures required to implement Articles 6 (1) and(3) and 7 (2) of this Regulation, such notification being made by 31January 1993 at the latest.
Article 12
CommissionRegulation(EEC)No3321/82of9December1982laying
down detailed rules for the granting of a carryover premium for certainfishery products(
1) and Regulation (EEC) No 314/86 of 11 February
1986 laying down detailed rules for the grant of a storage premium forcertain fishery products(
2) are hereby repealed.
Article 13
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 1993.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
(1) OJ No L 351, 11. 12. 1982, p. 20.
(2) OJ No L 39, 14. 2. 1986, p. 8.
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CNcode DescriptionQuality
(1)Presentation
(1)Size
(1)▼M4
ANNEXI
03022200 Plaice(Pleuronectes
platessa)E,Aguttedandwithhead 2,3,4
ex 03022300 Sole(Soleaspp.) E,Aguttedandwithhead 3,4,5
ex 03022990 Dab(Limandalimanda) E,Aguttedandwithhead 1,2
03022910 Megrim(Lepidor-
hombusspp.)E,Aguttedandwithhead 2,3,4
ex 03022990 Flounder(Platichthys
flesus)E,Aguttedandwithhead 1,2
03023110 Albacoreorlongfinned E,Aguttedandwithhead 1,2
and
03023190tunas(Thunnus
alalunga)whole 1,2
ex 030240 HerringofthespeciesClupeaharengus E,Awhole 1,2,3
03025010 CodeofthespeciesGadusmorhua E,Aguttedandwithhead 1,2,3,4,5
03026110 SardinesofthespeciesSardinapilchardus E,Awhole 1,2,3,4
03026200 Haddock(Melanog-
rammusaeglefinus)E,Aguttedandwithhead 2,3,4
03026300 Coalfish(Pollachius
virens)E,Aguttedandwithhead 1,2,3,4
ex 030264 MakerelofthespeciesScomberscombrus and
ScomberjaponicusE,Awhole 1,2,3
1,2,3,4
0302652003026550 Dogfish(Squalusacan-
thiasandScyliorhi-
nusspp.)E,Aguttedandwithhead 2,3
03026931
03026933Redfish(Sebastesspp.) E,Awhole 2,3
03026941 Whiting(Merlangius
merlangus)E,Aguttedandwithhead 2,3,4
03026945 Ling(Molvaspp.) E,Aguttedandwithhead 1,2,3
03026955 Anchovies(Engraulis
spp.)E,Awhole 1,2,3,4
ex 03026965 HakeofspeciesMerlucciusmerluccius E,Aguttedandwithhead 2,3,4
03026975 Ray’sbream (Brama
spp.)E,Aguttedandwithhead 1,2
03026981 Monkfish(Lophius
spp.)E,Aguttedwithorwithouthead2,3,4,5
ex 03062310 Deepwaterprawns
(Pandalusborealis)Aallpresentations 1,2
ex 03062331 Shrimpsandprawnsofthespecies Crangon
crangonAcookedbysteamingorboilinginwater1
ex 03062430 Ediblecrabs (Cancer
pagurus)live 1,2(2)
ex 03062930 Norwaylobsters (Neph-
ropsnorvegicus)E,Awhole
tails1,2,3
1,2,3,4
ex 03074110 Cuttlefish(Sepiaoffici-
nalisandRossia
macrosoma)E,Awhole 1,2
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(1) The classifications by quality, presentation and size are those laid down in the basic Regulation, Article 2.
(2) Within the limits laid down in Commission Regulation (EEC) No 3863/91, in Article 1, (OJ No L 363, 31. 12.
1991, p. 1) for certain coastal areas in the United Kingdom, on condition that products measuring between 11,5and 13 centimetres are returned to local or regional markets located in or near these areas.
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ANNEXII