COMMISSION REGULATION (EEC) No 2210/93 of 26 July 1993 on the communication of information for the purposes of the common organization of the market in fishery and aquaculture products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), as amended by Regulation (EEC) No 697/93 (2), and in particular Articles 8 (5), 10 (3), 14 (5), 15 (8), 17 (6), 23 (5) and 30 thereof,

Whereas the Commission has to be able to monitor the price stabilization activities of the producers' organizations and the way in which they apply the systems of financial compensation and carry-over premiums;

Whereas the Community intervention arrangements pursuant to Regulation (EEC) No 3759/92 require information to be available on the prices recorded on the wholesale markets and in representative ports of the Community;

Whereas the markets and ports of the Member States to be considered representative for a given product have to be established;

Whereas it is also necessary to stipulate how frequently the market prices are to be recorded and related notifications made;

Whereas improved organization has led to an increase in the number of notifications relating to the application and monitoring of Community intervention arrangements in the common organization of the markets;

Whereas the provisions relating to the communication of data are laid down in Commission Regulation (EEC) No 1106/90 of 18 April 1990 concerning the communication of information for the purposes of the common organization of the market in fishery products (3), as last amended by Regulation (EEC) No 1672/92 (4); whereas experience has shown the need to simplify, standardize and rearrange the data transmitted; whereas it is also necessary to take account of the contents of Regulation (EEC) No 3759/92; whereas it is therefore necessary to drawn up a new regulation and to repeal Regulation (EEC) No 1106/90;

Whereas it is necessary to have certain data available in order to establish the flat-rate aid; whereas the communication of this data is provided for in Commission Regulation (EEC) No 4176/88 of 28 December 1988 setting down detailed rules of application for the granting of flat-rate aid for certain fishery products (5); whereas, since various provisions of that Regulation have been regrouped in this Regulation, Article 15 thereof should be repealed;

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:

TITLE I Application of withdrawal and selling prices by producers' organizations

Article 1

1. Member States shall communicate the information specified in Article 8 (4) of Regulation (EEC) No 3759/92, hereinafter referred to as 'the basic Regulation', to the Commission within two months of commencement of the fishing year in which the withdrawal and selling prices apply.

Where the withdrawal and selling prices are fixed by an association grouping two or more producers' organizations, each producers' organization intending to apply the arrangements communicated must be named.

2. Member States shall, without delay, notify the Commission of any change in the information referred to in paragraph 1.

TITLE II Products listed in Annex I (A), (D) and (E) to the basic Regulation

Article 2

The notifications specified in Article 10 (1) of the basic Regulation shall comprise, for each of the products listed in Annex I (A), (D) and (E) to that Regulation and for each representative market or port:

1. the following monthly data for each product:

(a) the average market price weighted according to the quantity marketed;

(b) the total quantity marketed;

(c) the total quantity withdrawn from the market;

2. the following six-monthly data for each product category:

(a) the average six-monthly market price;

(b) the quantities marketed;

3. moreover, if the market in a product slumps or undergoes disturbance or is threatened with such, the data shall be communicated at least weekly, with separate figures for each market day.

Article 3

1. In respect of each product listed in Annex I (A), (D) and (E) to the basic Regulation, Member States shall notify the Commission every six months of:

(a) the quantities withdrawn from a remaining unsold on the market at, as appropriate:

- the Community withdrawal and selling prices and, where applicable, the regionalized withdrawal price,

- the autonomous withdrawal price.

The categories of each product withdrawn must be specified;

(b) thew average price obtained and the quantities disposed of broken down by manner of disposal referred to in Article 1 of Regulation (EEC) No 1501/83 (6) and by product;

(c) the quantity of each product benefiting from the carry-over premium broken down by category, the type of processing carried out and the average wholesale selling price of the processed products.

2. After the fishing year has ended, producers' organizations shall communicate to the Member State to which they belong, in respect of the products listed in Annex I (A), (D) and (E) of the basic Regulation, the quantities of products sold by the organization and the quantities for which financial compensation or carry-over premiums, as provided for in Articles 12 and 14 of the basic Regulation, have been granted.

Article 4

Member States shall communicate to the Commission by 15 September each year the amount of technical costs in respect of freezing, storage, filleting, salting and drying, cooking and keeping live in tanks.

The communications shall refer to the data of the previous year and shall relate to the products listed in Annex I (A), (D) and (E) of the basic Regulation.

TITLE III Notifications concerning the products listed in Annexes II and III to the basic Regulation

Article 5

Member States shall communicate to the Commission the information referred to in Article 10 (1) of the basic Regulation, which shall comprise, for each product listed in Annex II to that Regulation selected for the fixing of the guide, price and for each representative market or port:

- the average monthly market price, weighted according to the quantities marketed,

- the total of the quantities sold during that month.

Article 6

Member States shall communicate to the Commission the information referred to in Article 17 (4) of the basic Regulation, which shall comprise, for each species and commercial presentation specified in Annex III to that Regulation, and for each representative market or port:

- the average monthly market price, weighted according to the quantities marketed,

- the total of the quantities marketed during that month.

Figures shall be given separately for fresh and chilled products on the one hand and frozen products on the other.

Article 7

1. For products referred to in Annexes II and III of the basic Regulation, producers' organizations shall communicate to the relevant authorities of the Member States concerned at least the following monthly data for each species and commercial presentation:

(a) for products referred to in Annex II:

- the quantity landed by their members,

- the quantity sold and the average selling price,

- the quantity unsold and intended to be put into cold storage,

- the quantity put back on the market following storage;

(b) for products referred to in Annex III:

- the quantity sold and delivered to the processing industry and the average selling price.

The Member States shall forward these communications to the Commission monthly.

2. Should it be found that selling prices are lower than the level specified in Article 16 (2) of the basic Regulation and are likely to remain so, the producers' organizations shall communicate the information referred to in paragraph 1 of this Article to the Member State weekly, with separate figures for each market day. The Member State shall transmit this information to the Commission immediately.

TITLE IV Notifications concerning certain products of Annex IV (A) to the basic Regulation

Article 8

Member States shall communicate to the Commission, every year before 1 November, the average monthly production prices recorded in the representative production zones and the quantities marketed for products with defined commercial characteristics. Each notification shall cover the three years preceding fixing of the reference prices.

'Product with defined commercial characteristics' means:

- for carp: live carp of a minimum weight of 800 grams,

- for salmon: whole Atlantic salmon of a minimum weight of 900 grams.

'Production price' means the producer's selling price to the wholesaler.

TITLE V Notifications concerning communication regarding products listed in Annex VI to the basic Regulation

Article 9

Member States shall communicate to the Commission for each of the products listed in Annex VI to the basic Regulation:

(a) the standard value deduction, broken down in accordance with Article 7 of Regulation (EEC) No 4176/88, within one month of the beginning of each fishing year at the latest;

(b) a table giving details, by product and product category, of the average prices observed and the quantities marketed through the wholesale markets or representative ports, within one month of the end of each half-year;

(c) the average product price (all categories) and total landings in the Member State concerned during the preceding fishing year within five months of the end of each fishing year.

TITLE VI General provisions

Article 10

1. The representative wholesale markets and ports referred to in Articles 10 (2) and 17 (4) of the basic Regulation shall be those listed in Annex I hereto for the products indicated.

2. The average market price shall be the average price at the stage of first sale, weighted by the quantities marketed, no account being taken of any withdrawn.

Article 11

1. All notifications referred to in this Regulation shall be transmitted to the Commission by telex, fax of direct computer link (electronic mail) in the form set out in Annexes II to XIII hereto.

2. Save as otherwise provided, communications to the Commission shall be transmitted by the following dates:

- in the case of monthly communications, by the final day of the following month,

- in the case of six-monthly communications, by 31 August for the first half-year, and before 1 March of the following year, for the second half-year.

Article 12

Regulation (EEC) No 1106/90 is repealed.

Article 13

Article 15 of Regulation (EEC) No 4176/88 is deleted.

Article 14

This Regulation shall enter into force on 1 January 1994.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 July 1993.

For the Commission

Yannis PALEOKRASSAS

Member of the Commission

(1) OJ No L 388, 31. 12. 1992, p. 1.

(2) OJ No L 76, 30. 3. 1993, p. 12.

(3) OJ No L 111, 1. 5. 1990, p. 50.

(4) OJ No L 176, 30. 6. 1992, p. 6.

(5) OJ No L 367, 31. 12. 1988, p. 63.

(6) OJ No L 152, 10. 6. 1983, p. 22.

ANNEX I

REPRESENTATIVE WHOLESALE MARKETS AND PORTS FOR FISHERY PRODUCTS I. Products listed in Annex I (A) to Regulation (EEC) No 3759/92

1. Herrings (Clupea harengus) Boulogne-sur-Mer

the combined markets of Fehmarn/Kiel/Maasholm

the combined markets of Hirtshals/Skagen

Killybegs

Lerwick

the combined markets of Mallaig/Oban/Ullapool/Stornoway

Rossaveal

the combined markets of Scheveningen/IJmuiden

2. Sardines (Sardina pilchardus)

(a) Atlantic La Turballe

Saint-Guénolé

Sada

Vigo

Arrecife

Matosinhos

Peniche

Figueira da Foz

Olhao

Portimao

(b) Mediterranean the combined markets of Ancona/Cesenatico

the combined markets of Chioggia/Porto Garibaldi

the combined markets of Martigues

Port-Vendres

Sète

Kavala

Piraeus

Salonique

Castellón

Tarragona

3. Spur dogfish (Squalus acanthias) Burtonport

Grimsby

Aberdeen/Peterhead

Mallaig

Concarneau

Cherbourg

Lorient

4. Spotted dogfish (Scyliorhinus spp.) Concarneau

Cherbourg

Lorient

Oostend

5. Redfish (Sebastes spp.) Boulogne-sur-Mer

the combined markets of Bremerhaven/Cuxhaven

6. Cod (Gadus morhua) the combined markets of Aberdeen/Peterhead

the combined markets of Grimsby/Hull

Fraserburgh

Boulogne-sur-Mer

Lorient

the combined markets of Bremerhaven/Cuxhaven

the combined markets of Heiligenhafen/Kiel

the combined markets of Hvide Sande/Thyboroen

Neksoe

Howth

IJmuiden

Scheveningen

Oostend

7. Saithe (Pollachius virens) Boulogne-sur-Mer

Lorient

the combined markets of Aberdeen/Peterhead

the combined markets of Grimsby/Hull

Shetlands

the combined markets of Bremerhaven/Cuxhaven

the combined markets of Hanstholm/Skagen

8. Haddock (Melanogrammus aeglefinus) the combined markets of Aberdeen/Peterhead

the combined markets of Grimsby/Hull

Fraserburgh

Boulogne-sur-Mer

Lorient

the combined markets of Hanstholm/Thyboroen

IJmuiden

Killybegs

9. Whiting (Merlangius merlangus) the combined markets of Aberdeen/Peterhead

Fraserburgh

Boulogne-sur-Mer

Lorient

IJmuiden

10. Ling (Molva spp.) the combined markets of Aberdeen/Peterhead

Newlyn

the combined markets of Bremerhaven/Cuxhaven

Lorient

Concarneau

11. Mackerel (Scomber scombrus) Boulogne-sur-Mer

Castletownbere

Killybegs

the combined markets of Mallaig/Ullapool

the combined markets of Hirtshals/Skagen

Laredo

Ondarroa

Santoña

Guetaria

Matosinhos

Peniche

12. Spanish mackerel (Scomber japonicus) Punta Umbría

Santoña

Olhao

Setúbal

Portimao

Peniche

13. Anchovy (Engraulis spp.) the combined markets of Ancona/Cesenatico

the combined markets of Chioggia/Porto Garibaldi

Goro

Fano

Kavala

Salonika

Piraeus

Sète

Saint-Jean-de-Luz

Barbate

Bermeo

Cádiz

Guetaria

Ondarroa

Rosas

Santoña

14. Plaice (Pleuronectes platessa) Boulogne-sur-Mer

the combined markets of Thyboroen/Hvide Sande

Lowestoft

IJmuiden

Urk

Zeebrugge

15. Hake (Merluccius merluccius) Ayr

Castletownbere

Lorient

Concarneau

the combined markets of Les Sables d'Olonne

Hanstholm

La Coruña

Vigo

Pasajes

Ondarroa

the combined markets of Cillero/Burela

Algeciras

Olhao

Matosinhos

Lisboa

Póvoa de Varzim

Setúbal

Mazara del Vallo

16. Megrim (Lepidorhombus spp.) Concarneau

Le Guilvinec

the combined markets of Aberdeen/Peterhead

Newlyn

Castletownbere

La Coruña

Vigo

17. Rays' bream (Brama spp.) Vigo

Sesimbra

Olhao

Lisboa

18. (a) Whole anglerfish (Lophius spp.) the combined markets of Aberdeen/Peterhead

the combined markets of Lerwick/Scalloway

Ondarroa

La Coruña

Vigo

Marín

Peniche

Matosinhos

(b) Anglerfish - heads off (Lophius spp.) Zeebrugge

Newlyn

Concarneau

Le Guilvinec

Lorient

19. Dab (Limanda limanda) the combined markets of Thyboroen/Hirtshals

Boulogne

Dieppe

Zeebrugge

Oostende

the combined markets of Maasholm/Heiligenhafen

Aberdeen

Peterhead

Arbroath

IJmuiden

Urk

20. Flounder (Platichthys flesus) the combined markets of Ruegen/Usedom

Sjaellands Odde

Grenaa

Boulogne

IJmuiden

Urk

21. Albacore or long finned tuna (Thunnus alalunga) Burela

Guetaria

Bermeo

Santoña

Lorient

Concarneau

Douarnenez

S. Roque/Madalena (Pico, Azores)

Horta (Faial, Azores)

Piraeus

22. Cuttlefish (Sepia officinalis and Rossia macrosoma) Port en Bessin

the combined markets of Les Sables d'Olonne

Granville

Puerto de Santa Maria

Huelva

Chioggia

Setúbal

II. Products listed in Annex I (D) to Regulation (EEC) No 3759/92

Shrimps (Crangon crangon) the combined markets of Cuxhaven/Dorum/Spieka/Wremem

the combined markets of Husum/Tonning/Busum

the combined markets of Den Oever

Lij

Colijnsplaat

Zeebrugge

Havneby

Kings Lynn

III. Products listed in Annex I (E) to Regulation (EEC) No 3759/92

1. Edible crabs (Cancer pagurus) Kingswear

Morlaix

Brest

Noirmoutier

2. (a) Norway lobster whole (Nephrops norvegicus) Mallaig

Eyemouth

Ayr

North Shields

Rossaveal

OEsterby

Skagen

the combined markets of Guilvinec

Zeebrugge

La Coruña

Marín

Huelva

Vila Real de Santo António

(b) Norway lobster (tails) (Nephrops norvegicus) Mallaig

Kilkeel

Portavogie

Fraserburgh

Zeebrugge

Skagen

3. Sole (Solea spp.) Zeebrugge

Oostend

the combined markets of Les Sables d'Olonne

Boulogne

La Rochelle

Puerto de Santa Maria

Mazara del Vallo

Ancona

the combined markets of Ostfriesland

the combined markets of Buesum/Husum

the combined markets of Hvide Sande/Thorsminde

Brixham

Lowestoft

IJmuiden

Urk

IV. Products listed in Annex II (A) to Regulation (EEC) No 3759/92

1. Greenland halibut (Reinhardtius hippoglossoïdes) Vigo

Aveiro

Boulogne

2. Hake (Merluccius spp.) Vigo

Aveiro

Lorient

Concarneau

the combined markets of Les Sables d'Olonne

Hendaye

3. Sea-bream of the species Dentex dentex and Pagellus spp. Anzio

Bari

San Benedetto del Tronto

Piraeus

V. Products listed in Annex II (B) to Regulation (EEC) No 3759/92

Prawns (Penaeidae) Huelva

Larivot (Guyane)

VI. Products listed in Annex II (C) to Regulation (EEC) No 3759/92

1. Cuttlefish of the species Sepia officinalis, Rossia macrosoma, Sepiola rondeletti Anzio

Bari

San Benedetto del Tronto

Piraeus

Las Palmas

2. Squid (Loligo spp.) Anzio

Bari

San Benedetto del Tronto

Piraeus

Vigo

Aveiro

Las Palmas

3. Squid (Ommastrephes sagittatus) Anzio

Bari

San Benedetto del Tronto

Vigo

Aveiro

Las Palmas

4. Octopus Anzio

Bari

Piraeus

San Benedetto del Tronto

Las Palmas

5. Squid (Illex spp.) Anzio

Bari

San Benedetto del Tronto

Piraeus

Vigo

Aveiro

Las Palmas

VII. Products listed in Annex III to Regulation (EEC) No 3759/92

All species of tunny Concarneau

Douarnenez

Lorient

Saint-Jean-de-Luz

Bermeo

Laxe

Caramiñal

Villagarcía de Arosa

Arrecife

Santa Eugenia de Riveira

Algeciras

Cádiz

Funchal (Madeira)

Ponta Delgada (Sao Miguel, Azores)

S. Roque/Madalena (Pico, Azores)

Horta (Faial, Azores)

VIII. Products listed in Annex IV (A) to Regulation (EEC) No 3759/92

Representative production zones:

1. Carp:

- Germany: Oberpfalz

the combined areas of Oberfranken/Mittelfranken

the combined areas of Sachsen and Brandenburg

- France: Dombes

the combined areas of Brenne/Sologne

2. Salmon:

- United Kingdom: the combined coastal areas and islands of Scotland

- Ireland: the combined coastal areas

- Denmark: the combined coastal areas of Bornholm

ANNEX II

(Annual) notification specified in Article 1

(to be transmitted one month after end of year)

WITHDRAWAL AND SELLING PRICES APPLIED BY PRODUCERS' ORGANIZATIONS MEMBER STATE:

Application of withdrawal selling prices in the fisheries sector in 19 . . by (name and address of producers' organization or association of producers' organizations (1))

Area of activity:

/* Tables: see OJ */

ANNEX III

(Monthly) notifications specified in Article 2 (1) (a) (b) and (c)

(to be transmitted 30 days after end of month)

QUANTITIES AND PRICE OF ANNEX I PRODUCTS Month:

MEMBER STATE:

/* Tables: see OJ */

ANNEX IV

(Six-monthly) notifications specified in Article 2 (2) (a) and (b)

(to be transmitted two months after end of period)

QUANTITIES AND PRICES OF ANNEX I PRODUCTS Period:

MEMBER STATE:

/* Tables: see OJ */

ANNEX V

(Six-monthly) notification specified in Article 3 (1) (a)

(to be transmitted two months after end of period)

WITHDRAWALS/QUANTITIES UNSOLD Period:

MEMBER STATE:

/* Tables: see OJ */

ANNEX VI

(Six-monthly) communication specified in Article 3 (1) (b)

(to be transmitted two months after end of period)

STANDARD VALUE Period:

MEMBER STATE:

/* Tables: see OJ */

ANNEX VII

(Six-monthly) notification specified in Article 3 (1) (c)

(to be transmitted two months after end of period)

CARRY-OVER PREMIUM Period:

MEMBER STATE:

/* Tables: see OJ */

ANNEX VIII

(a)

(Annual) notification specified in Article 4

(to be transmitted before 15 September following the year in question)

I. PRODUCTS OF ANNEX I (A) TO (D) TO THE BASIC REGULATION Technical costs

Period: (year):

Member State:

/* Tables: see OJ */

ANNEX VIII

(b)

(Annual) notification specified in Article 4

(to be transmitted before 15 September following the year in question)

I. PRODUCTS OF ANNEX I (E) TO THE BASIC REGULATION Technical costs

Period: (year):

Member State:

/* Tables: see OJ */

ANNEX IX

(Monthly) notification specified in Article 5

(to be transmitted 30 days after end of month)

ANNEX III

PRODUCTS Period:

MEMBER STATE:

/* Tables: see OJ */

ANNEX X

(Monthly) notification specified in Article 6

(to be transmitted 30 days after end of month)

ANNEX II

PRODUCTS Period:

MEMBER STATE:

/* Tables: see OJ */

ANNEX XI

(Monthly) notification specified in Article 7 (1) (a)

(to be transmitted 30 days after end of month)

ANNEX II

PRODUCTS Period:

MEMBER STATE:

Name of producers' organization:

/* Tables: see OJ */

ANNEX XII

(Monthly) notification specified in Article 7 (1) (b)

(to be transmitted 30 days after end of month)

ANNEX III

PRODUCTS Period:

MEMBER STATE:

Name of producers' organization:

/* Tables: see OJ */

ANNEX XIII

(Annual) notification (with separate monthly figures) specified in Article 8

(to be transmitted before 1 November)

PRODUCTION PRICE FOR CARP AND SALMON MEMBER STATE:

/* Tables: see OJ */