EN Official Journal of the European Communities 17. 2. 2000 L 45/23
(EUR/t)
ProductMaximum allowance
in accordance with first
andsecondind ents
of Article 18(2)
of Regulation (EEC) No 3759/92COMMISSION REGULATION (EC) No 355/2000
of 16 February 2000
providing for the granting of compensation to producers' organisations in respect of tuna delivered
to the processing industry from 1 April to 30 June 1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regardto the Treaty establishing the EuropeanCommunity,
Having regardto Council Regulation (EEC) No 3759/92 of 17
December 1992 on the common organisation of the market infishery andaquaculture prod ucts (
1), as last amended by Regu-
lation (EC) No 2792/1999 (2), andin particular Article 18(6)
thereof,
Whereas:
(1)The compensatory allowance provided for in Article 18
of Regulation (EEC) No 3759/92 is to be grantedund ercertain conditions to Community tuna producers' organ-isations in respect of quantities of tuna delivered to theprocessing industry during the calendar quarter forwhich prices have been recorded, where both theaverage quarterly selling price recorded on theCommunity market andthe free-at-frontier price plusany applicable countervailing charge are lower than91 % of the Community producer price for the productconcerned.
(2)An examination of the situation on the Communitymarket has shown that in the period1 April to 30 June1999, both the average quarterly selling price andthefree-at-frontier price as referredto in Article 18 of Regu-lation (EEC) No 3759/92 for albacore tuna ( Thunnus
alalunga) were lower than 91 % of the Community
producer price in force laid down in Council Regulation(EC) No 2763/98 of 17 December 1998 fixing, for the1999 fishing year, the Community producer price fortuna intended for the industrial manufacture of productsfalling within CN code 1604 (
3).
(3)The amount of the allowance provided for in Article18(2) of Regulation (EEC) No 3759/92 may not in anycase exceedeither the d ifference between the triggeringthresholdandthe average selling price of the prod uct inquestion on the Community market or a flat-rateamount equivalent to 12 % of this threshold.
Albacore tuna (Thunnus alalunga) 51
(4)The quantities on which compensation as provided for
in Article 18(1) of Regulation (EEC) No 3759/92 ispayable may under no circumstances exceed the limitslaidd own in paragraph 3 of that Article for the quarterconcerned.Article 2
1. The total quantities on which the allowance for this
species is payable shall be:
(5)The quantities of albacore tuna ( Thunnus alalunga ) sold
andd eliveredto the processing ind ustry establishedinthe customs territory of the Community were higherduring the quarter concerned than the quantities sold
and delivered during the same quarter of the threeprevious fishing years; Since those quantities exceedthelimit set in Article 18(3) of Regulation (EEC) No 3759/92, the total quantities of that product on whichcompensation is payable shouldtherefore be limited .
(6)In accordance with the ceilings laid down in Article18(4) of Regulation (EEC) No 3759/92 for the purposeof calculating the allowance to be grantedto eachproducers' organisation, the quantities on which theallowance is payable shouldbe allocatedamong theproducers' organisations concerend in proportion to thequantities produced by them in the same quarter of the1996, 1997 and1998 fishing years.
(7)A decision should therefore be taken to grant the allow-ance on the products in question for the period 1 Aprilto 30 June 1999.
(8)The measures provided for in this Regulation are inaccordance with the opinion of the ManagementCommittee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
The compensatory allowance provided for in Article 18 of
Regulation (EEC) No 3759/92 shall be grantedfor the period1April to 30 June 1999 in respect of the following product.
albacore tuna ( Thunnus alalunga ) 330,912 tonnes
2. The allocation of the total quantity among the producers'
organisations concernedshall be as set out in the Annexhereto.(1) OJ L 388, 31.12.1992, p. 1.
(2) OJ L 337, 30.12.1999, p. 10.
(3) OJ L 346, 22.12.1998, p. 5.
EN Official Journal of the European Communities 17. 2. 2000 L 45/24
Article 3
Entitlement to the compensatory allowance shall be determined on the basis of sales covered by invoices
the d ate of which falls within the quarter concernedandusedto calculate the average monthly selling pricereferredto in Article 7(1)(b) of Regulation (EEC) No 2210/93 (
1).
Article 4
This Regulation shall enter into force on the thirdd ay 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, 16 February 2000.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 197, 6.8.1993, p. 8.
EN Official Journal of the European Communities 17. 2. 2000 L 45/25
(Tonnes)
Albacore tuna
(Thunnus alalunga)Quantities 100 % of which is
eligible for compensation
(first indent of Article 18(4))Quantities 50 % of which is
eligible for compensation
(secondind ent of Article 18(4))Total quantities on which
compensation is payable
(first andsecondind ents of
Article 18(4))ANNEX
Allocation among producers' organisations of quantities of tuna on which the compensatory allowance is
payable for the period 1 April to 30 June 1999 in accordance with Article 18(4) of Regulation (EEC) No 3759/92,
broken down by compensation percentage band
OPAGAC 81,080 0 81,080
OPTUC 58,740 0 58,740
OP 42 (CAN.) 5,553 62,105 67,658
ORTHONGEL 58,254 0 58,254
APASA 7,083 58,097 65,180
MADEIRA 0 0 0
EU Total 210,710 120,202 330,912