Opinion on the proposal for a Council Regulation (EC) amending Regulation (EEC) No 3759/92 on the common organization of the market in fishery products and aquaculture () (94/C 397/10)

On 20 October 1994, the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the abovementioned proposal.

The Economic and Social Committee decided to appoint Mr Michael Strauss as Rapporteur-General for its Opinion.

At the 320th Plenary Section (meeting of 23 November 1994), the Economic and Social Committee adopted the following Opinion by 60 votes to one, with 24 abstentions.

1. General

Subject to the observations set out below, the Committee supports the proposals put forward for amending the common organization of the market in fishery products and aquaculture. As the proposals take account of three quite disparate factors, this Opinion will comment on these separately.

2. Norwegian accession arrangements

In the accession negotiations with Norway, the Union agreed to maintain the Norwegian scheme under which producer organizations are recognized exclusively for specified areas of activity. The Committee, therefore, supports the proposal under which Member States would be able to opt for similar arrangements. It also concurs with the extension of the lists in Appendices I and II in Regulation 3759/92.

3. The crisis in the Union's fishing industry

The crisis in the fishing industry can only be resolved by resolute action on a number of fronts of which change in the common organization of the market cannot be the most important. The proposals now put forward are a modest step in the right direction.

4. The Committee welcomes the recognition given to the importance of encouraging particularly the smaller and more fragile producer organizations to improve all aspects of handling and marketing to promote quality. For the proposals to be a success, the bureaucratic procedures will have to be kept to a minimum and any grant aid will have to be paid expeditiously. The proposals as they stand are vague. It will be important to ensure that the details of the new initiative are publicized widely.

5. The Committee recognizes that to conform with Article XI of the GATT, producer organizations can no longer enjoy a margin of tolerance of up to 10 per cent below the Community withdrawal or selling price when minimum prices are applied to imports, and that it will be necessary for non-members of producer organizations to observe withdrawal prices. It must, however, be stressed that the safeguard clauses (Article 24 of Regulation 3759/92) need clarifying and simplifying. An in-depth study of these clauses is required urgently, particularly in the light of the recently negotiated GATT agreement. The Committee will wish to be consulted on the outcome of such a study.

6. Consideration should be given to the inclusion of Swordfish (ziphias gladius) in Annexes I and II of Regulation 3759/92.

7. The proposed rise in special financial compensation to 95 per cent of the withdrawal price, together with the cut from 10 per cent to 5 per cent for the increase mentioned in Article 12.1(c) of Regulation 3759/92 will yield some net increase in payments to producer organizations at times of heavy withdrawals. However, since this special financial compensation is payable only for a maximum of four calendar months, acute judgement will be required on when to apply for this compensation.

8. Tuna for processing

The Committee concurs with the proposals for tuna for processing.

Done at Brussels, 23 November 1994.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 298, 26. 10. 1994, p. 10.