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( 1 ) OJ N L 236 , 27 . 10 . 1970 , P . 5 .

REGULATION ( EEC ) N 697/71 OF THE COMMISSION

OF 31 MARCH 1971

ON THE DISPOSAL OF CERTAIN FISHERY PRODUCTS WHICH HAVE BEEN THE SUBJECT OF MEASURES TO STABILISE THE MARKET

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 2142/70 OF 20 OCTOBER 1970 ( 1 ) ON THE COMMON ORGANISATION OF THE MARKET IN FISHERY PRODUCTS , AND IN PARTICULAR ARTICLE 7 ( 5 ) , ARTICLE 10 ( 5 ) AND ARTICLE 11 ( 5 ) THEREOF ;

WHEREAS ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) N 2142/70 PROVIDES THAT THE DISPOSAL OF PRODUCTS WITHDRAWN FROM THE MARKET MUST BE DETERMINED BY PRODUCERS' ORGANISATIONS IN SUCH A WAY AS NOT TO INTERFERE WITH NORMAL MARKETING OF THE PRODUCT IN QUESTION ;

WHEREAS ARTICLE 10 OF THAT REGULATION WHICH LAYS DOWN THE CONDITIONS UNDER WHICH THE FINANCIAL COMPENSATION MAY BE GRANTED REPEATS THIS REQUIREMENT FOR THE DISPOSAL OF CERTAIN PRODUCTS ;

WHEREAS SARDINES AND ANCHOVIES BOUGHT IN BY MEMBER STATES PURSUANT TO ARTICLE 11 OF THAT REGULATION MUST , UNLESS AN EXCEPTION IS MADE , BE FOR PURPOSES OTHER THAN HUMAN CONSUMPTION ;

WHEREAS MEASURES TO STABILISE THE MARKET CAN BE FULLY EFFECTIVE ONLY IF THE PRODUCTS WITHDRAWN OR BOUGHT IN ARE NOT REINTRODUCED INTO THE USUAL MARKET OUTLET FOR THESE PRODUCTS ; WHEREAS ANY USE WHICH COULD , BY SUBSTITUTION , INFLUENCE CONSUMPTION OF PRODUCTS WHICH HAVE NOT BEEN THE SUBJECT OF MEASURES TO STABILISE THE MARKET MUST THEREFORE BE RULED OUT ;

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

FISHERY PRODUCTS WITHDRAWN FROM THE MARKET BY PRODUCERS' ORGANISATIONS PURSUANT TO ARTICLE 7 OF REGULATION ( EEC ) N 2142/70 , AS WELL AS SARDINES AND ANCHOVIES BOUGHT IN UNDER ARTICLE 11 OF THAT REGULATION , SHALL , UNLESS A SPECIAL AUTHORISATION IS GIVEN , BE DISPOSED OF IN ONE OF THE FOLLOWING WAYS :

( A ) DISTRIBUTED FREE OF CHARGE IN THE NATURAL STATE TO CHARITABLE SOCIETIES OR INSTITUTIONS OR TO PERSONS WHO , BECAUSE OF INADEQUATE INCOMES , ARE RECOGNISED BY DOMESTIC LAW AS BEING ENTITLED TO PUBLIC ASSISTANCE ;

( B ) USED IN A FRESH OR PRESERVED STATE AS ANIMAL FEED ;

( C ) USED , AFTER PROCESSING INTO MEAL , AS ANIMAL FEED ;

( D ) USED FOR PURPOSES OTHER THAN FEED .

ARTICLE 2

1 . THE FREE DISTRIBUTION REFERRED TO IN ARTICLE 1 ( A ) SHALL BE THE RESPONSIBILITY OF MEMBER STATES .

2 . DISPOSAL OF THE PRODUCTS AS INDICATED IN ARTICLE 1 ( B ) , ( C ) AND ( D ) SHALL BE EFFECTED BY MEANS OF A PUBLIC SALE AT WHICH PURCHASERS MUST SPECIFY THE USE TO WHICH PRODUCTS PURCHASED ARE TO BE PUT .

3 . AN INVOICE SHALL BE ISSUED IMMEDIATELY FOLLOWING THE PUBLIC SALE REFERRED TO IN PARAGRAPH 2 . IT SHALL INDICATE THE VENDOR , THE PURCHASER , THE USE TO WHICH THE PRODUCTS ARE TO BE PUT AND THE SELLING PRICE . A COPY OF THIS INVOICE SHALL BE KEPT AT THE DISPOSAL OF THE MEMBER STATE BY THE AGENCY WHICH HAS CARRIED OUT THE PUBLIC SALE .

ARTICLE 3

MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO PREVENT AND PROSECUTE INFRINGEMENTS OF RULES LAID DOWN BY THIS REGULATION . THEY SHALL ENSURE THAT PRODUCTS DISPOSED OF ARE NOT DIVERTED FROM THE USE SPECIFIED .

ARTICLE 4

EVERY SIX MONTHS MEMBER STATES SHALL SUBMIT TO THE COMMISSION A TABLE INDICATING FOR EACH PRODUCT AND FOR EACH OF THE OPTIONS REFERRED TO IN ARTICLE 1 THE QUANTITIES DISPOSED OF DURING THE PRECEDING HALF-YEAR AND THE AVERAGE PRICES OBTAINED .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 31 MARCH 1971 .

FOR THE COMMISSION

THE PRESIDENT

FRANCO M . MALFATTI