No C 145/4 Official Journal of the European Communities 3.6. 87 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation amending Regulation (EEC) No 3796/81 on the common 
organization of the market in fishery products and amending Regulation (EEC) No 950/68 on 
the Common Customs Tariff 
COM(87) 213 final 
(Submitted by the Commission to the Council on 7 May 1987) 
(87/C 145/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas certain species not at the moment covered by 
any Community intervention arrangements none the less 
account for a significant proportion of production of 
fishery products in certain regions; whereas these species 
make an essential contribution to the incomes of the 
producers concerned and to the general balance of the 
market; 
Whereas therefore, in order to foster greater market 
stability, due account being taken of the characteristics 
of the products and of the diversity of the circumstances 
pertaining to their production and marketing, certain of 
them should be covered by a Community price support 
scheme; 
Whereas, however, regional price disparities for these 
species do not permit their being covered at present by 
the existing scheme for the grant of financial 
compensation to producers' organizations; 
Whereas in the circumstances an intervention scheme 
should be introduced that is based on a withdrawal price 
set by producers' organizations themselves; whereas 
provision should therefore be made for such organi­
zations to receive flat-rate aid on certain terms for 
products that have been the subject of such independent 
intervention; Whereas, in order to encourage producers' organizations 
to adjust their supply to market requirements more 
effectively, provision should be made for suitable 
financial co-responsibility on their part and a limit 
should be set on the quantities for which aid can be 
given; 
Whereas, in order where possible to prevent the destruc­
tion of fish withdrawn from the market, it should be 
possible for aid to be granted for the processing and 
storage for subsequent human consumption of certain 
quantities withdrawn; 
Whereas, as regards two tuna species i.e. albacore and 
bluefin tuna, the marketing characteristics are similar to 
those of the other species qualifying for the flat-rate aid 
and provision should be made to include these species as 
well under this scheme; 
Whereas the aid should be made conditional on the 
observance of common marketing standards; 
Whereas the trend of market prices may make it 
necessary for action to be taken to help harmonize prices 
in the Community; whereas it should therefore be 
possible for the grant of flat-rate aid to be made 
conditional on observance of maximum withdrawal 
prices; 
Whereas, where application of the aid scheme brings 
about greater harmonization of prices as a result of 
changes in the production and marketing of the species 
concerned, the species in question should be. brought 
within the scope of the financial compensation scheme; 
Whereas experience indicates the necessity of specifying 
the conditions for the grant of private storage aid in the 
case of certain products frozen on board and at the same 
time making the scheme comply with the general 
principles of the other Community intervention schemes; 
3.6. 87 Official Journal of the European Communities No C 145/5 
Whereas the tuna market is dependent on the pattern of 
landings of fish and provision should be made for 
granting private storage aid under certain conditions to 
the producers' organizations which intervene in order to 
organize supply on the Community market; 
Whereas, in the case of tuna, in order to rationalize the 
marketing of a uniform product, the compensatory 
allowance should be reserved to producers' organizations 
satisfying certain conditions; 
Whereas, in order to assess whether a situation exists on 
the Community market linked to the trend of prices on 
the world market that warrants payment of the 
compensatory allowance, a check must be made that the 
drop in Community market prices stems from a drop in 
import prices; 
Whereas, in order to discourage an abnormal increase in 
tuna production, provision should be made for the 
allowance to be reduced in proportion to any increase in 
Community production marketed for the Community 
canning industry compared with the development of the 
total use of tuna by this industry; 
Whereas, in order not to disturb traditional trading 
patterns, provision should be made for producers' 
organizations to help finance market intervention in 
cases where their production of tuna landed on this 
market increases; 
Whereas, therefore, Council Regulation (EEC) No 
3796/81 O, as last amended by Regulation (EEC) No 
3879/86 O should be amended; 
Whereas the tariff nomenclature resulting from the 
application of Regulation (EEC) No 3796/81 is included 
in the Common Customs Tariff; whereas, consequently, 
an amendment should be made to Council Regulation 
(EEC) No 950/68 (5), as last amended by Regulation 
(EEC) No ..../.., 
O OJ No L 379, 31. 12. 1981, p. 1. 
O OJ No L 361, 20. 12. 1986, p. 5. 
(*) OJ No L 172, 22. 7. 1968, p. 1. HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 3796/81 is hereby amended as 
follows: 
(1) In the second subparagraph of Article 9 (1): 
— in the first indent, the words 'in Annex I (A) and 
(D)' are replaced by 'in Annex I (A) or (D) or in 
Annex VI', 
— in the second indent the words 'but not in Annex 
I (A) and (D)' are replaced by 'but not in Annex 
I (A) or (D) nor in Annex VI'. 
(2) The following is inserted after Article 14a: 
'Article 14b 
1. For products listed in Annex VI, Member 
States shall grant flat-rate aid to producers' organi­
zations which practise intervention in accordance 
with Article 9, on condition that: 
(a) the said organizations determine a withdrawal 
price, ('autonomous withdrawal price'), before 
the beginning of the marketing year; the 
producers' organizations shall apply that price 
throughout the marketing year, a tolerance of 
10 % below and 5 % above being allowed; the 
price may not, however, exceed 80 % of the 
weighted average price recorded for the product 
categories in question in the area of activity of 
the producers' organizations concerned during 
the past three fishing years; 
(b) the products withdrawn meet the standards laid 
down in accordance with Article 2; 
(c) the indemnity granted to the associated 
producers for the products withdrawn from the 
market is equal to the autonomous withdrawal 
price. 
2. The flat-rate aid shall be granted only for 
quantities withdrawn from the market if: 
(a) they were put up for sale in accordance with 
Article 5 (1), and 
(b) they were, before withdrawal, put up for sale 
under conditions to be determined, and 
(c) — they are disposed of in a way that does not 
affect the normal disposal of production 
No C 145/6 Official Journal of the European Communities 3.6. 87 
or 
— they are processed and stored. Processing for 
the purposes of this Article shall be freezing, 
and filleting or cutting accompanied by 
freezing. 
3. The flat-rate aid shall be granted only for 
quantities not in excess of 10 % of the annual 
quantities sold in accordance with Article 5 (1). 
The grant of flat-rate aid may be made subject to the 
condition that the autonomous withdrawal price 
does not exceed a maximum level fixed in 
accordance with the procedure laid down in Article 
33. 
4. The flat-rate aid for quantities 
(a) disposed of in accordance with the first indent of 
paragraph 2 (c), shall be 75 % of the withdrawal 
price applied during the current marketing year; 
(b) dealt with in accordance with the second indent 
of paragraph 2 (c), may not exceed 50 % of the 
level referred to in paragraph 1 (a) or exceed the 
average technical costs of processing and storage 
recorded during the previous fishing year, the 
highest costs being disregarded. 
5. The flat-rate aid shall be reduced by the value, 
fixed at a flat rate, of the product when it is disposed 
of as specified in the first indent of paragraph 2 (c). 
6. The Member States concerned shall introduce a 
control system that will guarantee that products for 
which the flat-rate aid is applied for do in fact 
qualify for it. 
For the purposes of this control system, recipients of 
the flat-rate aid shall keep stock records which meet 
criteria to be determined. Member States shall 
communicate, at intervals to be laid down, to the 
Commission a table showing average product and 
category prices recorded at ports or markets. 
7. The Council acting by qualified majority on a 
proposal from the Commission shall decide, 
depending on the alignment of the prices for the 
species referred to under this Article, on their 
inclusion in the list of products in Annex I (A). 
8. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure 
laid down in Article 33.' 
(3) Article 16 is replaced by the following: 
'Article 16 
1. Private storage aid for the products listed in 
Annex II and III may be granted to producers' 
organizations applying the provisions of Article 5 (1) 
to production and marketing during the current 
marketing year if (a) the average prices realized for a product by the 
producer's organizations during an indicative 
period (to be determined) are less: 
— than 85 °/o of the guide price mentioned in 
Article 15 (1) for the products in Annex II, 
and 
— than 90 % of the Community producer price 
mentioned in Article 17 (1) for the products 
of Annex III, and that 
(b) the price situation is likely to persist. 
2. The following rules shall apply to the grant of 
aid: 
— the products must have been fished, frozen on 
board and landed in the Community by a 
member of the producer's organization, 
— the aid shall be restricted to 20 % of the average 
quantity of the products offered for sale in the 
Community in accordance with Article 5 during 
the same period of three years preceding the year 
in respect of which the aid is granted. Aid may 
not, however, be granted for more than 20 % of 
the quantity offered for sale during the period in 
progress, 
— for the products it must have been established, 
under conditions to be laid down, that it 
concerns Community products, 
— the products must be stored for a minimum 
period and then placed on the Community 
market again. 
3. The maximum stocking period cannot exceed 
two months. 
4. The amount of the aid may not be more than 
the sum of technical storage costs and interest. 
5. Detailed rules for the application of this 
Article, in particular the amount of the private 
storage aid and the conditions on which it is 
granted, shall be adopted in accordance with the 
procedure laid down in Article 33.' 
(4) Article 17 is replaced by the following: 
'Article 17 
1. For the tuna listed in Annex III a Community 
producer price shall be fixed annually; it shall be 
valid throughout the Community for an entire 
marketing year and shall be determined in 
accordance with Article 10 (2). 
3.6. 87 Official Journal of the European Communities No C 145/7 
2. The Council, acting by qualified majority on a 
proposal from the Commission, shall set the 
Community producer price referred to in paragraph 
1 before the beginning of each marketing year. 
3. Member States shall notify the Commission of 
average monthly prices recorded at representative 
wholesale markets or ports for products as referred 
to in paragraph 1 that are of Community origin and 
have defined commercial characteristics. 
4. For the purposes of paragraph 3 the represen­
tative markets and ports of the Member States shall 
be those where a significant proportion of 
Community production of tuna is marketed. 
5. Detailed rules for the application of this 
Article, in particular the conversion factors for the 
various species, sizes and presentations of tuna and a 
list of the representative markets and ports referred 
to in paragraph 3, shall be adopted in accordance 
with the procedure laid down in Article 33. 
Article 17a 
1. An allowance shall be granted to producers' 
organizations in respect of the products listed in 
Annex III if it is found, in respect of a period of time 
to be determined, that: 
— the average selling price recorded on the 
Community market, and 
— the free-at-frontier price mentioned in Article 21 
plus any applicable countervailing charge, 
are both lower than a triggering threshold of 90 % 
of the Community producer price for the product in 
question. 
2. The allowance may not exceed: 
— the difference between the triggering threshold 
and the average selling price recorded on the 
Community market, or 
— 10 % of the said threshold, or 
— for each producers' organization, the difference 
between this threshold and the average selling 
price realized by that producers' organization. 
3. The allowance shall be reduced in proportion 
to any increase in the quantity marketed by 
Community producers for the Community canning 
industry compared with the global development in 
the use of tuna by that canning industry. The relationship between the amount of Community 
production and total supply to the Community 
market shall be calculated using the average quantity 
marketed during the three fishing years preceding 
that in respect of which the allowance is granted. 
4. (a) The allowance shall be granted to producers' 
organizations for all quantities sold and 
delivered during the period to canneries 
located on the customs territory of the 
Community. 
(b) The allowance granted to an organization 
shall be reduced if the total quantity disposed 
of by it on the Community market exceeds 
the total quantity disposed of by its members 
during the same period of the three fishing 
years preceding that in respect of which the 
allowance is granted. The rate of reduction 
shall be equal to the rate of excess and shall 
apply to all quantities. 
5. The producers' organizations shall apportion 
the allowance granted to their members in pro­
portion to the quantities which they produced and 
sold and delivered in accordance with paragraph 4. 
If the allowance granted to a producers' organi­
zation is reduced by application of paragraph 4 (b), 
that organization shall grant to the relevant members 
an indemnity equal to this reduction. The indemnity 
shall be financed by a fund created pursuant to 
Article 9 (3). 
6. The quantities subject to the scheme referred to 
in Article 14 shall not be eligible for the 
compensatory allowance. 
7. The storage aid granted under Article 16 shall 
be deducted from the compensatory allowance for 
the quantities which have benefited. 
8. The Council, acting by qualified majority on a 
proposal from the Commission, shall adopt general 
rules for the grant of the allowance. 
9. Detailed rules for the application of this 
Article, in particular the amount of the allowance 
and the rules for its grant, shall be adopted in 
accordance with the procedure laid down in Article 
33.' 
(5) In Article 19 (1) the figure 'VI' is replaced by 'VII'. 
(6) In Article 26 (2) the figure '14b' is inserted after 
'14a' and the figure '17' is replaced by '17a'. 
No C 145/8 Official Journal of the European Communities 3.6.87 
(7) Annex III is replaced by following: 
'ANNEX III 
Tuna, fresh, chilled or frozen, for the industrial manufacture of products falling within heading 
No 16.04 of the Common Customs Tariff 
Description 
A. Species 
1. Yellowfin tuna (Thunnus albacares) 
a) weighing more than 10 kg each ('); 
b) not weighing more than 10 kg each ('). 
2. Albacore (Thunnus alalunga) 
a) weighing more than 10 kg each ('); 
b) not weighing more than 10 kg each ('). 
3. Bluefin tuna (Thunnus thynnus) 
4. Skipjack (Euthynnus pelamis) 
5. Other species 
B. Forms of presentation 
1. Whole 
2. Gilled and gutted 
3. Other (for example, 'heads off) 
0) References to weight apply to whole products.' 
(8) The following is inserted after Annex V: 
'ANNEX VI 
Description 
1. Pollack (Pollachius pollachius) 
2. Pout (Trisopterus luscus) 
3. Blue whittling (Micromesistius poutassou) 
4. Bogue (Boops hoops) 
5. Picarel (Spicara spp.J 
6. Conger (Conger conger) 
7. Gurnard (Trigla spp.j 
8. Dab (Limanda limanda) 
9. Lemon sole (Microstomus kitt) 
10. Horse mackerel (Trachurus trachurus and Trachurus 
mediterraneus) 
11. Mullet (Mugil spp.) 
12. Skate (Raja spp.J 
13. Bluefin tuna (Thunnus thynnus) 
14. Albacore tuna (Thunnus alalunga) Fresh or chilled products falling 
withe CCT subheading 03.01 B I 
3.6. 87 Official Journal of the European Communities No C 145/9 
(9) Annex VI becomes Annex VII. 
(10) In the new Annex VII, the section of the Common Customs Tariff chapter covering sub­
heading 03.01 B I c) is worded as follows: 
'CCT heading 
No 
1 
03.01 
(cont'd) Description 
2 
B. I. c) Tuna (Thunnus spp. and Eutbynnus spp.): 
1. For the industrial manufacture of 
products falling within subheading 16.04 
a): 
aa) Whole: 
11. Yellowfin tuna (Thunnus alba-
cares): 
aaa) weighing more than 10 kg 
each 
bbb) Other 
22. Albacore (Thunnus alalunga) 
33. Other 
aaa) Skipjack (Eutbynnus 
pelamis) 
bbb) Other 
bb) Gillet and gutted: 
11. Yellowfin tuna (Thunnus 
albacares): 
aaa) weighing more than 10 kg 
each 
bbb) Other 
22. Albacore (Thunnus alalunga) 
33. Other 
aaa) Skipjack (Eutbynnus 
pelamis) 
bbb) Other 
cc) Other (for example, 'heads off): 
11. Yellowfin tuna (Thunnus 
albacares): 
aaa) weighing more than 10 kg 
each 
bbb) Other 
22. Albacore (Thunnus alalunga) 
33. Other 
aaa) Skipjack (Eythynnus 
pelamis) 
bbb) Other 
2. Other Rate of duty 
Autonomous % 
or levy 
(L) 
3 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25(b)(c) 
25 (b) (c) 
25 (b) (c) 
25(b)(c) 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25 (b) (c) 
25 (b)'(c) 
25(c) Conven­
tional 
% 
4 
22(c)(d) , 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
22 (c) (d) 
(a) Entry under this subheading is subject to conditions to be determined by the competent authorities. 
(b) Total suspension for an indefinite period. 
(c) Subject to compliance with the reference price. A countervailing charge is provided for in the case of non­
compliance with the reference price. 
(d) Duty exemption in respect of tuna intended for the canning industry, within the limits of an annual tariff quota 
of 30 000 tonnes to be granted by the competent authorities and subject to compliance with the reference price. 
Qualification for this quota is governed by conditions to be determined by the competent authorities.' 
No C 145/10 Official Journal of the European Communities 3.6. 87 
(11) Annex VII Annex VIII. 
Article 2 
Regulation (EEC) No 1196/76 (') is hereby repealed. 
Article 3 
This Regulation shall enter into force on the third day following its publication in the Official 
Journal of the European Communities. 
However, Article 1 (10) shall apply from the 21st day following publication of this Regulation 
in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
O OJNoL 133,22. 5. 1976, p. 1. 
EUROPEAN COMMUNITIES 
COMMISSION COM/A/586 
PHOTOGRAPH 
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for open competition COM/A/5 86 
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