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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 3902/92
of 23 December 1992
setting detailed rules for granting financial compensation on certain fishery products
(OJ L 392, 31.12.1992, p. 35)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 3516/93 of 20 December 1993 L 320 10 22.12.1993
►M2 Commission Regulation (EC) No 3517/93 of 20 December 1993 L 320 13 22.12.1993
►M3 Commission Regulation (EC) No 1338/95 of 13 June 1995 L 129 7 14.6.1995
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COMMISSION REGULATION (EEC) No 3902/92
of 23 December 1992
settingdetailedrulesforgrantingfinancialcompensationoncertain
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 12 (6) thereof,
Whereas under Article 12 of Regulation (EEC) No 3759/92 Member
States are to grant financial compensation to producers’ organizationswhich, observing certain requirements, withdraw from the market prod-ucts listed in Annex I (A) and (D) of that Regulation;
Whereas, in order to give maximum encouragement to action to stabi-
lize the market, producers’ organizations not observing the Communitywithdrawal price throughout the fishing year should be debarred fromreceiving financial compensation;
Whereas in order to guarantee normal conditions of competition
between producers’ organizations making use of the margin of toleranceprovided for at (a) in Article 12 (1) of the abovementioned Regulation itis necessary to specify requirements pertaining to its application;whereas in order to ensure transparency of the market recourse to themargin of tolerance must be adequately publicized;
Whereas the purpose of the activities of producers’ organizations is to
ensure rationality of fishing operations and improve selling conditionsfor their members’ catches; whereas it is accordingly necessary torestrict financial compensation to fish caught by members of suchorganizations;
Whereas since demand may fluctuate within the duration of any selling
operation products should not be withdrawn from the market beforebeing putup for sale; whereas compensat ion should accordingly begranted only on products that, having been put up for sale in the normalway, have not found a buyer at the Community withdrawal price;
Whereas compensation must be clearly disallowed on fish on which the
carryover aid provided for in Article 14 of Regulation (EEC) No 3759/92 has been granted;
Whereas systematic compliance with common marketing standards as
indicated in Article 2 of Regulation (EEC) No 3759/92 is, irrespectiveof their obligatory character, a determining factor in price formation anda contributory element to stabilization of the market; whereas thegranting of compensation on eligible quantities should therefore bemade conditional on compliance with the standards for all quantities ofthe product in question put up for sale by the producers’ organization orits members throughout the fishing year;
Whereas financial compensation cannot be paid until the end of the
fishing year; whereas to facilitate the operation of producers’ organ-izations it should be made possible for advances to be granted againstlodging of security;
Whereas rules for calculating advances on financial compensation and
fixing the security amount required should be set; whereas the conver-sion rate for the compensation and for advances must also be set;
Whereas the granting of compensation should extend to fish put up for
sale and withdrawn by producers’ organizations or their members inother Member States; whereas the authorities of the other Member State
(1) OJ No L 388, 31. 12. 1992, p. 1.
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in which the fish was put up for sale and withdrawn or carried over
should issue a certifying document and transmit a copy;
Whereas each Member State should introduce a control system for
verifying that the figures given in applications for financial compensa-tion correspond to the quantities actually put up for sale and withdrawn;
Whereas in cases of infringement of limited consequence of the finan-
cial compensation scheme the producers’ organization should not, forthe restricted financial advantage arising from the infringement, bepenalized by complete withdrawal of entitlement to financial compensa-tion but merely by a flat rate reduction therein;
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:
Article 1
This Regulation lays down detailed rules for granting the financial
compensation referred to in Article 12 of Regulation (EEC) No 3759/92, hereinafter referred to as the ‘basic Regulation'.
Article 2
1. Financial compensation shall be granted to producers’ organ-
izations only if they apply, and ensure that their members comply with,the Community withdrawal price throughout the fishing year, when theproducts are first put up for sale, in accordance with the conditions laiddown in Article 12 (1) (a) and (d) of the basic Regulation.
2. Should the use of the margin of tolerance provided for in Article
12 (1) (a) of the basic Regulation lead to the fixing of different with-drawal price levels for the same product category by producers’ organ-izations established in a given area, each of these organizations mayadopt the price level fixed by another producers’ organization in thesame area with effect from the date it becomes applicable and for therelevantperiod.
3. The withdrawal price level fixed by a producers’ organization
using the margin of tolerance shall apply to all the quantities offered forsale by that organization or its members, including those offered for saleoutside its area of activity.
However, any producers’ organization or one of its members, selling its
products in an area other than its own area of activity, may apply eitherits own withdrawal price level which must not be lower than the pricelevel in the zone concerned or one of those adopted, after eventualapplication of the margin of tolerance, by the producers’ organizationsestablished in that area.
4. The withdrawal price shall not include expenses incurred after
landing of the products with the exception of those, including transportcosts, made necessary by auction or quayside sales.
Article 3
1. Any producers’ organization applying the margin of tolerance to
the Community withdrawal price shall communicate to the competentauthorities of the Member State in which it is recognized the level ofthe withdrawal price adopted for each category of products in all partsof its area of activity, at least two working days before it is to becomeapplicable.
If a producers’ organization intends to change the period of application
of the margin of tolerance or the level of the withdrawal price, or makeuse of the option provided for in Article 2 (2), it shall inform thecompetent authorities thereof at least two working days before the dateof application of its decision.
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All decisions referred to in this Article shall apply for five working days
atleast .
2. The competent authorities of the Member State concerned shall
ensure that all the information communicated pursuant to paragraph 1 ispublicized without delay in accordance with regional ways and customs.
3. For the purposes of this Article, the provisions of Council Regula-
tion (EEC, Euratom) No 1182/71 (
1) shall apply. However, for the
purposes of this Regulation, Saturdays, Sundays and public holidaysshall be treated as working days provided putting up for sale is done inaccordance with Article 4 (1) (c).
Article 4
1. Quantities withdrawn from the market shall be considered to be
quantities eligible for financial compensation only if:
a) they were caught by a member of a producer’s organization:
b) they were put up for sale:
— through the producer’s organization
or
— by a member in accordance with common rules established by
the producers’ organization, as referred to in the first indent ofArticle 4 (1) of the basic Regulation;
c) prior to withdrawal they were put up for a sale accessible to all
interested parties in accordance with regional and local ways andcustoms, during which it was established that they did not find abuyer at the price fixed in accordance with Article 12 (1) (a) of thebasic Regulation;
d) for which no requesthas been made and which have notbenefit ed
from the carryover aid referred to in Article 14 of the basic Regula-tion.
2. The grant of financial compensation for quantities eligible
pursuant to paragraph 1 shall be subject to the condition that, for theproduct or group of products concerned, all the quantities put up for saleby the producers’ organization or its members during the fishing yearmust have been classified previously in accordance with the marketingstandards referred to in Article 2 of the basic Regulation.
Article 5
1. The financial compensation shall be paid to producers’ organ-
izations, on application, after the end of each fishing year.
2. Applications for payment of the financial compensation shall be
submitted by producers’ organizations to the competent authorities ofthe Member State four months after termination of the fishing yearconcerned at the latest.
3.
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4. The national authorities shall pay the financial compensationwithin eight months at the latest of the end of the fishing year.
Each Member State shall communicate to the other Member States and
the Commission the name and address of the body responsible forgranting the financial compensation.
Article 6
1. On application by the producers’ organization concerned, Member
States shall grant each month an advance on the financial compensation
(1) OJ No L 124, 8. 6. 1971, p. 1.
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on condition that the applicant has lodged a security equal to 105 % of
the amount of the advance.
Advances shall be calculated in accordance with the method specified in
Annex I.
2.
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Article 7
If a producers’ organization or one of its members puts up for sale its
products in a Member State other than that in which it is recognized, thecompetent authority of the first Member State shall issue, on applicationand without delay, to the organization in question or its member, acertificate the contents of which shall be in accordance with thespecimen given in Annex II, and shall transmit at the same time,through official channels, a copy of this certificate to the body respon-sible for granting the financial compensation in the other Member State.
Applications for the issue of the certificate shall be submitted to the
competent authority concerned immediately after the products are putup for sale.
Article 8
Member States shall introduce a control system to verify that the
information given in applications for payment corresponds to the quant-ities actually put up for sale and withdrawn from the market by theproducers’ organization concerned.
Member States shall inform the Commission of the measures taken
pursuant to the preceding paragraph as soon as they are adopted, and inany case by 31 January 1993.
Article 9
1. If an infringement of the financial compensation scheme, of
limited consequence, is committed by a producers’ organization or oneof its members, and the organization shows to the satisfaction of theMember State concerned that the infringement was committed withoutfraudulent intent or serious negligence, the Member State shall retain anamount equal to 10 % of the Community withdrawal price applicable tothe quantities concerned which were withdrawn and not intended forcarryover.
The amount retained 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 todefraud by a producers’ organization or one of its members, aid will bewithheld 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 inform the Commission each month of the
cases in which they have applied the provisions of paragraph 1.
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Article 9a
1. All the procedures laid down in this Regulation for the granting of
financial compensation, with the exception of the calculation of monthlyadvances, which shall be made by the procedure set out in Annex Ia,shall apply mutatis mutandis to the grant of the special financial
compensation referred to in Article 12a of the basic Regulation.
2. Where a producers’ organization has received special financial
compensation during a fishing year within the limits laid down inArticle 12a (1) of the basic Regulation, the quantities marketed and thequantities withdrawn during the month or months conferring entitlementto payment of the special financial compensation shall not be taken into
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consideration for the calculation of entitlement, if any, to financial
compensation.
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Article 10
Commission Regulation (EEC) No 3137/82 of 19 November 1982
laying down detailed rules for the granting of financial compensation inrespect of certain fishery products (
1) is hereby repealed.
Article 11
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
Itshall apply from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ NO L 335, 29. 11. 1982, P. 1.
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ANNEX I

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ANNEX I a

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ANNEX II