Proposal for a Council Regulation (EC) on the common organisation of the markets in fishery and aquaculture products
Date: 1999-02-16
Institutions: European Commission
Subjects: EU market, aquaculture, common organisation of markets, competition law, fishery product

20.3.1999

EN

Official Journal of the European Communities

C 78/1

II

(Preparatory Acts)

COMMISSION

Proposal for a Council Regulation (EC) on the common organisation of the markets in
fishery and aquaculture products

(1999/C 78/01)

(Text with EEA relevance)

COM(1999) 55 final — 99/0047 (CNS)

(Submitted by the Commission on 16 February 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 28, 42 and 43
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Parliament,

the European

Having regard to the opinion of the Economic and
Social Committee,

(1) Whereas

the basic provisions concerning the
organisation of the market in fishery products
must be revised to take account of market
developments, changes in recent years in fishing
activities and the shortcomings detected in the
implementation of the rules currently in force;
whereas by reason of the number and complexity
of the amendments to be made, these provisions
will lack the clarity required of any set of rules
unless they are completely redrafted; whereas
Council Regulation (EEC) No 3759/92 (1) of
17 December 1992 on the common organisation
in fishery and aquaculture
of
products should therefore be replaced by a new
Regulation;

the market

(2) Whereas, in the interests of simplifying the rules
and facilitating their use by those for whom they
are intended, the new Regulation should also

organisations

include the basic provisions, duly updated and
supplemented, of Council Regulation (EEC) No
105/76 of 19 January 1976 on the recognition of
producers’
fishing
industry (2) and Council Regulation (EEC) No
1772/82 of 29 June 1982 laying down general
rules concerning the extension of certain rules
in the
adopted by producers’ organisations
sector (3); whereas
these Regulations
fisheries
should therefore be repealed;

the

in

(3) Whereas the common agricultural policy must
include, in particular, a common organisation of
agricultural markets, which may take various
forms depending on the products concerned;

(4) Whereas

the

fishing industry is of

special
importance to the economy of some coastal
regions of the Community; whereas the industry
provides a major part of the income of fishermen
in such regions; whereas,
therefore, market
stability should be encouraged by appropriate
implemented in compliance with the
means,
Community’s
commitments,
international
particularly with regard to the provisions of the
internal
World
production
tariff
agreements;

Trade Organisation

support mechanisms

and

on

(5) Whereas the production and marketing of fishery
products should take account of the need to
resources and
equilibrium of
safeguard the

(2) OJ L 20, 28.1.1976, p. 39. Regulation amended by
Commission Regulation (EEC) No 3940/87 (OJ L 373,
31.12.1987, p. 6).

(1) OJ L 388, 31.12.1992, p. 1.

(3) OJ L 197, 6.7.1982, p. 1.

C 78/2

EN

Official Journal of the European Communities

20.3.1999

the

ecosystems; whereas

marine
common
organisation of markets in these products should
therefore comprise such measures as will ensure
that supply is better matched to demand,
in
terms of both quality and quantity, and increase
the return on products, both for the above
purpose and to improve the income of producers
by ensuring stability of market prices;

(6) Whereas one of the ways of implementing the
common organisation of markets is to apply
common marketing standards to the products
concerned; whereas applying these standards
should tend to keep products of unsatisfactory
quality off the market and facilitate commerce
based on fair competition,
thus helping to
improve the profitability of production;

(7) Whereas the application of these standards calls
for the inspection of the products for which they
have been laid down; whereas provision should
therefore be made for such inspections;

(8) Whereas

of

variety

the widening

supply,
particularly of fresh and chilled fishery products,
makes it essential to provide consumers with a
minimum amount of information on the main
is the
characteristics of products; whereas it
responsibility of the Member States to adopt to
that end a list of the accepted names used in
their territory for trading in the products in
question;

(9) Whereas

supply

producer

organisations

ever
greater
concentration of

form the
backbone of the common market organisation,
the decentralised operation of which they are
to ensure at their level; whereas,
in the face
concentration of demand,
of
the
through these
organisations is more than ever an economic
necessity in order to strengthen the position of
the market; whereas
producers
such
in
concentrations
should be voluntary and be
meaningful in terms of the scope and efficiency
producer
offered
the
of
organisations
to their members; whereas a
producer organisation should not be recognised
by a Member State as able to contribute to
achieving the objectives of the common market
its articles of association
organisation unless
impose certain obligations on it and its members;

services

the

by

(11) Whereas,

in order to support

stability, Member States

the activity of
producer organisations and facilitate greater
market
should be
permitted to extend the
rules adopted by
the organisation in a region on behalf of
its members, on certain conditions,
to all
non-members who market goods in a specific
in particular the rules on production
region,
including intervention; whereas
and marketing,
by
to
procedure
this
the Commission, which may,
certain
circumstances, declare such extensions null and
void;

checks
in

subject

is

(12) Whereas application of

costs

involves

therefore,

the system described
above
to be borne by the
organisation whose rules have been extended;
should
whereas,
contribute towards these costs; whereas Member
States
grant
be
compensation to such operators on products
the marketing
which,
standards,
are
and
withdrawn from the market;

although they meet

be marketed

non-members

allowed

cannot

should

also

to

(13) Whereas, at all events, provisions should be laid
down to ensure that the producer organisations
do not hold a dominant position in the
Community;

(14) Whereas,

that

resources,

in order
use

to achieve rational and
sustainable
producer
of
organisations should guide the production of
towards meeting market
their members
requirements and foster conditions
that will
ensure
their members obtain the best
possible returns on their catches, particularly of
species subject to quota restrictions; whereas, for
these reasons, it is advisable to require producer
organisations
to the
competent authorities before the beginning of
each fishing year a proposed programme for
planning supply and regulate in advance the
and, where
from their members
deliveries
appropriate,
for products
specific provisions
which habitually present marketing difficulties;

to define and submit

(15) Whereas,

in view of

the costs that producer
organisations will
incur in fulfilling the above
obligations, it is justified to grant commensurate
compensation to such organisations for a limited
period;

(10) Whereas initiatives by producer organisations to
improve the quality of fishery products should be
assisted by providing for specific recognition of
the organisations concerned, subject to certain
conditions;

deliveries

(16) Whereas the planning of supply and regulation
of
producer
by members
organisations may be improved, in particular, by
recourse to pre-sale contracts; whereas producer
organisations should therefore be encouraged to

of

20.3.1999

EN

Official Journal of the European Communities

C 78/3

a

substantial

market
their
production under contract by granting them a
flat-rate allowance for a limited period, subject
to certain conditions;

proportion

of

they account
the members of

(17) Whereas interbranch organisations set up on the
individuals or existing groups of
initiative of
for a
operators may, where
the
significant proportion of
various occupational divisions of
the fishery
product sector, help to take closer account of
realities and facilitate a commercial
market
approach that will improve the reporting as well
as
the organisation of production, product
presentation and marketing; whereas, since the
work of such organisations may contribute in
general to attaining the goals of Article 39 of the
Treaty and in particular those of this Regulation,
it
forms of
action are defined, that recognition be granted to
those organisations which carry out practical
goals; whereas
steps
provision should be made, subject
to certain
conditions, for extension of the rules adopted
by interbranch organisations and for the costs
resulting from such extension to be shared;
to checks
whereas
subject
this procedure is
by the Commission, which may,
in certain
circumstances, declare such extensions null and
void;

is appropriate, once the relevant

to attain the

above

(18) Whereas the conditions in which the agreements,
decisions and concerted practices of interbranch
organisations may be exempted from Article 1
of Council Regulation No 26 (1)
should be
specified;

in the case of

importance to producers’

(19) Whereas in order to cope with market situations
which, in the case of certain fishery products of
special
incomes, are
likely to lead to prices which might cause
disturbances on the Community market, a guide
tuna, a Community
price or,
producer price, which is
representative of
production areas in the Community and which
for
will be used to determine price levels
intervention on the market must be fixed for
each fishing year, using the most recent technical
data; whereas, with this in view, the guide price
must be fixed so as to reflect market realities and
from one
prevent excessive price variations
fishing year to the next; whereas the guide price
is a central factor upon which a series of other
intervention measures are based; whereas the

(1) Regulation No 26 applying certain rules of competition
to production of and trade in agricultural products
(OJ 30, 20.4.1962, p. 993/62). Regulation amended by
Regulation No 49 (OJ 53, 1.7.1962, p. 1571/62).

Council,
from the
acting on a proposal
Commission, should adopt measures to this end;

(20) Whereas,

in order to stabilise prices, producer
organisations should be able to intervene in the
market, notably by applying prices below which
the products of their members are withdrawn
from the market;

(21) Whereas it is appropriate in specific cases and
under certain conditions to support the activities
of producer organisations by providing financial
withdrawn
compensation
definitively
human
consumption;

quantities
from the market

for

for

(22) Whereas, however, this type of intervention by
producer organisations should be restricted to
localised excess
supplies which the market
cannot absorb and which cannot be avoided by
measures of a different kind; whereas
the
financial compensation must therefore be limited
to a small volume of production;

(23) Whereas, to encourage fishermen to adjust their
deliveries
market
requirements, provision should be made for
different
compensation
depending on the volume of market withdrawals;

accurately

financial

levels

more

to

of

(24) Whereas application of all

the new measures
implemented under this Regulation will enable
produce organisations
to substantially reduce
complete withdrawals from the market; whereas
it
therefore justified to reduce both the
quantities qualifying for financial compensation
and the level of compensation gradually during a
transitional period;

is

in view of
in particular,

the scarcity of certain
(25) Whereas
species,
fish
the destruction of
withdrawn from the market should be avoided
where possible; whereas, to this end, aid should
be granted for processing, stabilising and storing
for human consumption certain quantities of
fresh products withdrawn from the market;
whereas all the species likely to be withdrawn
from the market should qualify for this measure;
whereas this mechanism, which is both a form of
intervention and a means of increasing the return
should be more widely
on fishery products,
than
available

organisations

producer

to

C 78/4

EN

Official Journal of the European Communities

20.3.1999

complete withdrawal; whereas,
the
quantities eligible under this mechanism should
be increased;

therefore,

a check should be made that
the drop in
Community market prices stems from a drop in
import prices;

producer

(26) Whereas the regional variations in prices for
some species are such that those species cannot
yet be covered by the scheme to grant financial
compensation
organisations;
to
whereas, however,
in order to foster greater
market stability for the products concerned, with
due account being taken of their characteristics
circumstances
and of
pertaining to their production and marketing,
such
a
Community price support scheme adapted to
their specific features, based on the application
of a withdrawal price fixed independently by
producer organisations and the granting of
flat-rate aid, on certain conditions,
to such
organisations for products that have been the
subject of independent intervention;

the diversity of

products

covered

should

the

by

be

(27) Whereas provision sould be made for a specific
support scheme for some products frozen at sea,
in the form of private storage aid for such
products,
and
conditions, provided they cannot be disposed of
on the market above a price to be set at
Community level;

subject

certain

limits

to

(28) Whereas a drop in import prices for tuna for the
canning industry may threaten the income levels
of Community producers of
this product;
whereas provision should therefore be made for
compensation to be granted to these producers
when necessary; whereas, in order to rationalise
the marketing of a uniform product,
these
compensatory allowances should be paid only to
producer organisations on certain conditions;

(29) Whereas in order to discourage an abnormal
expansion in tuna production, with a consequent
increase in associated costs, provision should be
made for limits within which allowances may be
granted to producer organisations on the basis of
supply conditions recorded on the Community
triggering the
criteria for
market and the
mechanism should be reviewed;

(30) Whereas, in order to assess whether a situation
exists on the Community market linked to the
trend of prices on the world market in tuna that
warrants payment of compensatory allowances,

tuna is

insufficient, conditions of

(31) Whereas the application of common customs
tariff duties is suspended in full
for certain
products; whereas, since Community production
of
supply
comparable to those enjoyed in exporting third
countries
the
food-processing industries using these products
in
so as not
the
conditions of
competition; whereas any disadvantage which
this system might present for Community tuna
producers could be offset by payment of the
compensation envisaged for this purpose;

their development

be maintained

international

context of

to hinder

should

for

(32) Whereas,

to ensure adequate supplies to the
Community market of raw materials intended
for the processing industries on terms that will
enable
the
remain
application of common customs tariff duties to
some products should be suspended in full or in
part for an indefinite period;

competitive,

them to

(33) Whereas, however,

the suspension of duties
under the above arrangements should not result
in supplies from third countries being offered at
abnormally low prices; whereas qualification for
such suspension should therefore be subject to
compliance with a reference price calculated in
accordance with rules to be laid down;

disturbance

(34) Whereas if exceptional circumstances caused by
imports or exports should give rise to or threaten
jeopardise
serious
attainment of the goals set out in Article 39
of
to
in trade with
apply
third countries, while
complying with the
Community’s international commitments;

it
appropriate measures

should be possible

the Treaty,

likely

to

to

ensure

(35) Whereas experience has shown that it may prove
necessary to take measures very rapidly, in order
to ensure the supply of the Community market
and
Community’s
that
international undertakings are complied with;
in order to allow the Community to
whereas,
deal with such situations with all the necessary
dispatch, provision should be made
for a
procedure under which the requisite measures
can be taken rapidly;

the

20.3.1999

EN

Official Journal of the European Communities

C 78/5

(36) Whereas the establishment of a single market
based on a common price system would be
jeopardised by the granting of certain aids;
whereas, therefore, the provisions of the Treaty
under which state aid granted by Member States
my be examined, leading to the prohibition of
schemes which are
incompatible with the
common market, should also apply to the fishing
industry;

(37) Whereas the implementation of this Regulation
requires systems to be set up and maintained for
the communication of information between the
Commission and the Member States; whereas the
cost of such a system, part of which is to be
borne by the Community budget, should be
specified;

(38) Whereas expenditure incurred by the Member
States as a result of the obligations arising out of
this Regulation should be
the application of
financed by the Community in accordance with
Council Regulation (EC) No … on … the
financing of the common agricultural policy (1);

(39) Whereas

of

this

implementation

common
organisation must also take account of the fact
that it is in the Community’s interest to preserve
fishing grounds as far as possible; whereas the
financing of measures covering quantities of fish
exceeding those which may be allocated to the
Member
be
permitted;

therefore

should

States

not

(41) Whereas in order to facilitate implementation of
these provisions, there should be a procedure for
close cooperation between Member States and
the
a management
committee;

Commission within

(42) Whereas the common organisation of the market
should take appropriate
in fishery products
account, at the same time, of the goals set out in
Articles 39 and 110 of the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

A common organisation of markets in fishery products
is hereby established, comprising a price and trading
system and common rules on competition.

For the purposes of this Regulation:

— (cid:28)producer’ means physical or moral persons using
means of production to produce fishery products
with a view to first-stage marketing of them

(40) Whereas it is the responsibility of the Member
States
to
ensure compliance with this Regulation and to
forestall and bring to an end any fraud;

to adopt all appropriate measures

— (cid:28)fishery products’ covers both products taken at
sea and the products of aquaculture listed below:

CN code

Description

a) 0301

Live fish

0302

0303

0304

b) 0305

Fish, fresh or chilled, excluding fish fillets and other fish meat of heading
No 0304

Fish, frozen, excluding fish fillets and other fish meat of heading No 0304

Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen

Fish, dried, salted or in brine; smoked fish, whether or not cooked before or
during the smoking process; flours, meals and pellets of fish, fit for human
consumption

(1) OJ L …

C 78/6

EN

Official Journal of the European Communities

20.3.1999

CN code

Description

c) 0306

0307

Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or
in brine; crustaceans,
in shell, cooked by steaming or by boiling in water,
whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets
of fish, fit for human consumption

Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in
brine; aquatic invertebrates other than crustaceans and molluscs,
live, fresh,
chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic
invertebrates other than crustaceans, fit for human consumption

d)

Animal products not elsewhere specified or included; dead animals of Chapter 1
or 3, unfit for human consumption:

— Other:

— — Products of fish or crustaceans, molluscs or other aquatic invertebrates;

dead animals of Chapter 3:

0511 91 10

— — — Fish waste

0511 91 90

— — — Other

e) 1604

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

f) 1605

Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved

g)

h)

Pasta, whether or not cooked or stuffed (with meat or other substances) or
lasagne, gnocchi,
otherwise prepared, such as spaghetti, macaroni, noodles,
ravioli, cannelloni; couscous, whether or not prepared:

1902 20

— Uncooked pasta, not stuffed or otherwise prepared:

— Stuffed pasta, whether or not cooked or otherwise prepared:

1902 20 10

— — Containing more than 20 % by weight of fish, crustaceans, molluscs or

other aquatic invertebrates

Flours, meals and pellets, or meat or meat offal, of fish or of crustaceans,
molluscs or other aquatic invertebrates, unfit for human consumption; greaves:

2301 20 00

— Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic

invertebrates

20.3.1999

EN

Official Journal of the European Communities

C 78/7

TITLE I

MARKETING STANDARDS AND CONSUMER INFORMATION

CHAPTER 1

CHAPTER 2

Marketing standards

Article 2

1.
Common marketing standards and the scope of
such standards may be determined for the products
listed in Article 1 or groups of these products; these
standards may,
in particular, cover classification by
quality, size or weight, packing, presentation and
labelling.

2. Where marketing standards have been issued, the
products to which they apply may not be displayed for
sale, offered for sale, sold or otherwise marketed
unless they conform to these standards, subject to
special rules which may be adopted for trade with
third countries.

Consumer information

Article 4

1. Without prejudice to the provisions of Council
Direcitve 79/112/EEC (1), the products referred to in
Article 1 a), b) and c) may not be offered for retail
sale
the
consumer,
marketing method, unless appropriate marking or
labelling indicates:

irrespective of

to the

final

a)

the commercial designation of the species,

b)

the production method (taken at sea or farmed),

3. Marketing standards and detailed rules for their
application, including the special rules referred to in
paragraph 2, shall be adopted in accordance with the
procedure laid down in Article 38.

c)

catch area (Atlantic Ocean, Baltic Sea,
Indian Ocean,

the
Mediterranean Sea, North Sea,
Pacific Ocean, other).

Article 3

Products for which common marketing standards
1.
have been adopted shall be subject to inspection by
Member States for conformity with these standards.

This inspection my take place at all marketing stages
and during transport.

2. Not later than one month after the entry into
force of each marketing standard, Member States shall
notify the other Member States and the Commission
of the name and address of the bodies entrusted with
the inspection of each product or group of products
for which a standard has been adopted.

3. Detailed rules for the application of paragraph 1
shall be adopted as necessary in accordance with the
procedure laid down in Article 38, account being
taken in particular of the need to ensure coordination
of the work of the inspection bodies an uniformity in
the
common
marketing standards.

interpretation

application

and

of

shall draw up and publish a list of

For the purposes of paragraph 1 (a), the Member
2.
States
the
commercial designations accepted in their territory, for
at least all the species listed in Annexes I to IV to this
Regulation, not later than 1 January 2001. The list
shall indicate the scientific name for each species, its
name in the official
language or languages of the
Member State and, where applicable, any other name
or names accepted or permitted locally or regionally.

3. Member States
shall
measures to ensure compliance with paragraph 1.

take all

the necessary

4. Detailed rules for applying this Article shall,
where necessary, be adopted in accordance with the
procedure laid down in Article 38.

(1) Council Directive 79/112/EEC of 18 December 1978 on
the approximation of the laws of the Member States
relating to the labelling, presentation and advertising of
foodstuffs for sale to the ultimate consumer (OJ L 33,
8.2.1979, p. 1). Directive as
last amended by the
European Parliament and the Council Directive 97/4/EC
(OJ L 43, 14.2.1997, p. 21).

C 78/8

EN

Official Journal of the European Communities

20.3.1999

TITLE II

PRODUCER ORGANISATIONS

CHAPTER 1

Conditions for, grant of and withdrawal of recognition
of producer organisations

Article 5

For the purposes of this Regulation,

1.
organisation’ means any legal entity:

(cid:28)producer

a) set up on the own initiative of a group of
producers of one or more of the products referred
to in Article 1 a), b) and c) in so far, in the case of
frozen,
the
operations in question have been carried out on
board fishing vessels;

treated or processed products, as

b) established for

the purpose,

in particular, of
ensuring that fishing is carried out along rationals
lines and that conditions for the sale of
their
members’ products are improved, by taking such
measures as will:

1) encourage the planning of production and its
in terms of both
by
particular
in

adjustment
to demand,
quality,
and
quantity
implementing catch plans;

2) promote the concentration of supply;

3) regularise prices;

4) promote those fishing methods which do most
to maintain the equilibrium of resources and
safeguard biodiversity;

c)

the rules of association of which require its
producer members, in particular, to:

1) apply to fishing, production and marketing the

rules adopted by it;

2) where the Member State concerned has decided
that some or all of its catch quota or quotas is
to be managed by producer organisations,
apply the measures adopted by the organisation
to that end;

4) dispose of their total output of the products in
respect of which they are members through the
producer organisation; the organisation may,
however, decide that this requirement can be
in
waived
if
accordance with
has
established in advance;

are
common

disposed
rules

products

of
it

5) provide

the

organisation

information requested by the
producer
the
measures referred to in paragraph 1 b) or fulfil
statistical
statutory
purposes;

obligations,

determine

for

or

to

6) pay the financial contributions provided for in
the rules of association for the establishment
and replenishment of
the intervention fund
under Article 17 (3);

7) remain members of the organisation for at least
three years after its recognition and notify the
organisation at least one year in advance if they
wish to leave;

d)

the rules of association of which provide for:

1) procedures

for determining,
amending the rules referred to in point c) (1);

adopting

and

2)

3)

the exclusion of all forms of discrimination
among members, particularly on grounds of
nationality or place of establishment;

levying on members of

the
financial
contributions needed to finance the producer
organisation;

the

4) rules

enabling

to
scrutinise their organisation and its decisions
democratically;

the producer members

rules

5) penalties for infringement of obligations under
the
particularly
non-payment of financial contributions, and of
the
producer
organisation;

association,

down

rules

laid

the

by

of

6) rules on the admission of new members;

3) belong to only one producer organisation for

any given product or group of products;

7)

the accounting and budgetary rules necessary
for the operation of the organisation, including

20.3.1999

EN

Official Journal of the European Communities

C 78/9

the keeping of
for
activities for which recognition is granted.

separate accounts

the

if

fulfilled or
recognition is based on wrong
information; if the organisation obtains or benefits
from recognition by fraudulent means, recognition
shall immediately be withdrawn retroactively;

e) which has been recognised by the Member State

concerned under paragraph 2.

shall

recognise as producer
2. Member States
organisations for the purposes of this Regulation all
producer groups which have their official headquarters
in their territory and which apply for such recognition,
on condition that:

a)

the

they meet
in
requirements
paragraph 1 and provide the relevant evidence,
including proof that they have a minimum number
of producer members and cover a minimum
volume of marketable production;

down

laid

b)

there is suficient evidence that they can carry out
their activities properly, both over time and in
terms of effectiveness;

c) notify the Commission, within two month, of any
decision to grant, refuse or withdraw recognition.

organisation which

A Member State shall grant recognition to a
2.
producer
official
headquarters on its territory but whose members are
nationals of one or more other Member States,
provided the conditions laid down in Article 5 are
complied with.

has

its

Member States whose nationals are members of a
producer organisation established in the territory of
another Member State shall set up, in collaboration
with the latter, the administrative cooperation needed
to carry out
the
organisation concerned.

checks on the

activities of

c)

they have the necessary legal status under national
legislation;

3. Member States may recognise a single producer
organisation exclusively for a specific fishing area if it
is found to be representative according to the criteria
set under Article 8 (1).

3.
Producer organisations may not hold a dominant
position on a given market unless necessary in
pursuance of the goals of Article 39 of the Treaty.

4. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

Article 6

1. Member States:

4. Member States may grant recognition to an
association of producer organisations provided it
complies with the conditions laid down in Article 5.
However, Articles 10 and 11 shall not apply to such
associations.

5.
The Commission shall ensure that Article 5 and
paragraph (1) (b) of this Article are complied with by
in accordance with Council
carrying out checks
Regulation (EEC) No 2847/93 (1), and in the light of
such checks may, where appropriate, require Member
States to withdraw recognition.

a) decide whether to grant recognition within three
month of the submission of and application with
all relevant supporting documents;

b) carry out checks at regular intervals to ascertain
that producer organisations comply with the terms
and conditions for recognition; without prejudice
to the application of Article 10 (2) (c), recognition
of a producer organisation may be withdrawn if
the conditions set out in Article 5 are no longer

6.
At the beginning of each year the Commission
shall publish in the C series of the Official Journal of
the European Communities a list of
the producer
organisations recognised during the previous year and
those from which recognition has been withdrawn
during the same period.

(1) Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (OJ L 261, 20.10.1993, p. 1).
Regulation as last amended by Regulation (EC) No
2846/98 (OJ L 358, 31.12.1998, p. 5).

C 78/10

EN

Official Journal of the European Communities

20.3.1999

7. Detailed rules for the application of this Article,
in particular
for withdrawal of
conditions
recognition, shall be adopted in accordance with the
procedure laid down in Article 38.

the

CHAPTER 3

Extension of rules to non-members

CHAPTER 2

Specific recognition

Article 7

1. Member States may grant specific recognition to
producer organisations as referred to in Article 5 (1)
the products covered by common
which market
marketing
laid down in Council
Regulation (EC) No 2406/96 (1) and which have
submitted a plan to improve the quality and marketing
of such products approved that has been approved by
the competent national authorities.

standards

as

The primary purpose of the plans referred to in
stages of
include

2.
paragraph 1 shall be
production and marketing. Such plans shall
the following, in particular:

to include all

— a substantial

improvement

in the quality of

products while held on board of vessels,

— optimal maintenance of quality during unloading,

transport and marketing of products,

— the application of appropriate

techniques an

know-how to attain the above objectives;

— a description of the planned measures, including
preparatory studies, training and investments.

3. Member States shall forward the plans submitted
to them by producer organisations to the Commission.
Such plans may not be approved by the competent
authority in the Member State until they have been
have
sent
subsequently elapsed during which the Commission
may request changes or reject a plan.

the Commission

days

and

60

to

Article 8

1. Where a producer organisation is considered to
be representative of production and marketing in one
or more landing places of a Member State and makes
application to the competent national authorities, the
Member State concerned may require producers who
are not members of the organisation and who market
any of the products referred to in Article 1 within the
is
area
representative to comply with:

organisation

of which

producer

the

a) production and marketing rules introduced by the
in
organisation to attain the objectives set out
Article 5 (1) (b);

b) rules adopted by the organisation on market
withdrawal and carry-over for the fresh and chilled
products referred to in points a) and c) of Article 1.

in the case of the products listed in
However,
Annex I, parts A, B and C, these rules may be
extended to non-members only in so far as the
price applied by the producer organisation is the
withdrawal price or the Community selling price,
and no tolerance shall be allowed.

The Member State may decided that the extension
of the rules referred in points a) and b) shall not
apply to certain categories of sales.

The rules which are made obligatory under
2.
paragraph 1 shall apply up to the first-stage sale of
products on the market for a period not longer than
12 months.

3. Member States shall
immediately notify to the
Commission the rules which they have decided to
make obligatory under to paragraph 1.

4. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

(1) Council Regulation (EC) No 2406/96 of 26 November
1996 laying down common marketing standards for
certain fishery products (OJ L 334, 23.12.1996, p. 1).
Regulation as last amended by Commission Regulation
(EC) No 323/97 (OJ L 52, 22.2.1997, p. 8).

Where the Commission is unsure as to validity of the
decision in relation to the cases
referred to in
paragraph 4 where extension must be declared null
and void, it may ask the Member State in question
within one month of receipt of the said notification to
suspend application of the decision in whole or in
part. In this case and within two months from that
date, the Commission:

20.3.1999

EN

Official Journal of the European Communities

C 78/11

— shall confirm that the rules notified may be made

Article 9

obligatory,

or

— by reasoned decision, shall declare the extension of
the rules decided by the Member State null and
void, on the basis of one of the circumstances
referred to in paragraph 4 (a) and (b);

1. Where Article 8 (1) is applied, a Member State
may grant compensation to producers who are not
members of an organisation and who are established
in the Community, in respect of products which:

— cannot be marketed under Article 8 (1) (a)

or

The Commission shall declare the extension

4.
referred to in paragraph 1 null and void:

— have been withdrawn from the market under

Article 8 (1) (b).

a)

if it finds that the extension in question jeopardises
free trade, or that the goals of Article 39 of the
Treaty are thereby endangered;

b)

if it finds that Article 85 (1) of the Treaty applies
to the rule which it has been decided to extend to
other producers.

ex-post

Following

checks under Regulation
5.
(EEC) No 2847/93, the Commission may at any time
identify cases of nullity under paragraph 4 and declare
the extension in question null and void.

shall

compensation

granted without
The
to the nationality or place of
discrimination as
establishment of the recipients.
It may not exceed
60 % of the amount arrived at by applying to the
quantities withdrawn:

be

— the withdrawal price fixed under Article 20 for the

products listed in Annex I, parts A and B,

or

— the selling price fixed under Article 22 for the

products listed in Annex I, part C.

The Commission shall

6.
immediately inform the
other Member States at each stage of the procedure
laid down in paragraphs 3, 4 and 5.

2.
The expenditure resulting from granting the
compensation referred to in paragraph 1 shall be
borne by the Member State concerned.

7. Member States
the necessary
measures to ensure compliance with the rules referred
to in paragraph 1. They shall forthwith inform the
Commission of such measures.

take all

shall

8. Where paragraph 1 is applied, the Member State
concerned may decide that non-members are liable to
the organisation for the equivalent of all or part of the
fees paid by member producers in so far as these fees
are intended to cover administrative costs resulting
from the application of
the system referred to in
paragraph 1.

producer

9. Where paragraph 1 is applied, Member States
shall ensure, where necessary through the agency of
the
of
products not satisfying the marketing rules or which
cannot be sold at a price at
to the
withdrawal price.

the withdrawal

organisations,

least equal

CHAPTER 4

Operational programmes for the fishing year

Article 10

1.
Before the beginning of the fishing year, each
producer organisation shall draw up an operational
programme for the fishing year and send it to the
competent
State,
of
comprising:

the Member

authorities

a) a forward marketing plan setting out the measures
to be implemented by the organisation to match
the quantity and quality of supply to market
requirements;

10. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

b) a catch plan by species, particularly for species
covered by catch quotas, in so far as such species
represent a significant share of the landings of its
members;

C 78/12

EN

Official Journal of the European Communities

20.3.1999

c)

special anticipatory measures to adjust the supply
of
species which habitually present marketing
difficulties during the fishing year;

period to offset the costs arising from the obligations
imposed on them under Article 10.

d) penalties applicable to members who infringe the

decisions adopted to implement such plans.

Producer organisations recognised before 1 January
2001 shall receive such compensation for five years
from that date.

2. Member States shall carry out appropriate checks
to ensure that each producer organisation fulfils the
obligations provided for in paragraph 1, and shall
apply the following provisions in the event that these
obligations are not fulfilled:

out

a) no financial assistance shall be granted for the
fishing year concerned for intervention operations
carried
producer
organisations which have failed to draw up or
transmit in good time an operational programme
for the fishing year drawn up in accordance with
paragraph 1;

under Title

IV to

b)

the penalty provided for in a) shall also apply in
cases where a producer organisation has not
to
implemented,
implement,
in its
the measures provided for
operational programme for the fishing year.

adequately

failed

has

or

c) producer organisations shall have their recognition
withdrawn after the second instance of application
of the penalties provided for in a) and b).

3. Member States
immediately inform the
Commission of cases where paragraph 2 (a), (b) or (c)
have been applied.

shall

4. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

Article 11

Producer organisations recognised subsequently shall
receive compensation for five years following the year
in which they are granted recognition.

The compensation referred to in paragraph 1

2.
shall be made up of the following:

a) an amount in proportion to the number of member
vessels, calculated degressively in accordance with
the method set out in Annex VI.A.

b) a flat-rate amount of EUR 500 per species covered

by Article 10 (1) (b), up to 10 species in all.

3. Member States shall pay the compensation to
producer organisations within four months following
the end of the year for which it is granted, in so far as
the
their competent authorities have checked that
recipient organisations have fulfilled the obligations
imposed on them under Article 10.

4. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

Article 12

grant

States

1. Member
additional
shall
allowance to producer organisations which provide in
their operational programme for the fishing year for at
their production to be disposed of
least 10 % of
through pre-sale contracts, in order to plan better the
supply from their members.

an

1. Without prejudice to aid which might be granted
to encourage the creation and facilitate the operation
of producer organisations under Article 16 (1) of
Council Regulation (EC) No … … (1), producer
organisations shall receive compensation for a limited

In such cases, copies of all contracts must be attached
to the operational programmes for the fishing year
submitted by producer organisations to the competent
authorities under Article 10.

(1) Council Regulation (EC) No … … of … … 1999 laying
down the detailed rules and arrangements regarding
Community structural assistance in the fisheries sector
(OJ L …).

For the purposes of applying this paragraph, account
shall be taken of the average production of producer
organisations during the three previous fishing years.

20.3.1999

EN

Official Journal of the European Communities

C 78/13

2.
The annual amount of the allowance referred to
in paragraph 1 shall be calculated degressively in
accordance with the method set out in Annex VI.B.

The allowance shall be paid within four months
3.
following the end of the fishing year concerned, in so
far as the recipient producer organisation provides
proof, to the satisfaction of the competent national
authorities, that the quantities marketed under the

contracts
minimum percentage referred to in paragraph 1.

in question are at

least equal

to the

The allowance provided for in this Article may

4.
be granted for five years from 1 January 2001.

5. Detailed rules for applying this Article shall,
where necessary, be adopted in accordance with the
procedure laid down in Article 38.

TITLE III

INTERBRANCH ORGANISATIONS AND AGREEMENTS

CHAPTER 1

Conditions for, grant and withdrawal of recognition of
interbranch organisations

Article 13

1. Member States may recognise as interbranch
organisations, within the meaning of this Regulation,
all legal persons established on their territory which
make an appropriate application and which are made
up of
linked to the
production of and/or trade in and/or processing of the
products referred to in Article 1, on condition that:

representatives of activities

a)

b)

c)

d)

they have been established at the initiative of all or
some of the organisations or associations which
constitute them;

they represent a significant share of the production
of and trade in and/or processing of
fishery
products and products processed from fishery
products in the region or regions in question and,
where more than one region is involved, they can
demonstrate a minimum level of representativeness
in each region for each of the branches that they
cover;

they are not
themselves engaged in activities
relating to the production, processing or marketing
of fishery products or products processed from
fishery products;

in one or more

they carry out one or more of
the following
the
measures
Community, under conditions that are compatible
regards
with Community rules, particularly as
competition,
the interests of
consumer, and provided they do not hinder the
sound operation of the market organisation:

taking account of

regions of

— improving knowledge of and the transparency

of production and the market;

— helping to coordinate better the way fishery
in
products
particular by means of research and market
studies;

are placed on the market,

— study and develop techniques to optimise the
operation of the market, including information
and communication technology;

— drawing up standard contracts which are

compatible with Community rules;

— providing the information and carrying out the
research needed to channel production towards
products more suited to market requirements
and consumer
in
particular with regard to product quality and
the use of fishing methods which maintain the
equilibrium of resources;

tastes and expectations,

— developing methods

and
organising training schemes to improve product
quality;

and instruments

— exploiting the potential of, and protecting,
and

designations of origin, quality
geographical designations;

seals

— laying down rules on the

and
marketing of fishery products which are stricter
than Community or national rules;

catching

— exploiting more fully the potential of fishery

products;

the

Commission

Before granting recognition Member States shall
2.
interbranch
notify
recognition,
organisations which have applied for
providing
their
about
relevant
representativeness and their various activities, together
with all other information needed for an assessment.

information

the

all

of

C 78/14

EN

Official Journal of the European Communities

20.3.1999

The Commission may object to recognition within a
time-limit of two months after notification.

CHAPTER 2

3. Member States:

a) decide whether to grant recognition within three
months of the submission of an application with
all relevant supporting documents;

b) carry out checks at regular intervals to ascertain
interbranch organisations comply with the

that
terms and conditions for recognition;

Terms and conditions relating to agreements, decisions
and concerted practices of interbranch organisations

Article 14

Notwithstanding Article 1 of Regulation No 26,
Article 85 (1) of the Treaty shall not apply to the
agreements, decisions and concerted practices of
recognised interbranch organisations
intended to
implement the measures referred to in Article 13 (1) (d)
and which, without prejudice to measures taken by
interbranch organisations under specific provisions of
Community law, do not:

c) withdraw recognition if:

a) entail an obligation to apply a fixed price;

(i)

the terms and conditions for recognition laid
down in this Regulation are no longer met;

b)

lead to the partitioning of markets in any form
within the Community;

(ii)

the interbranch organisation contravenes any
of the prohibitions imposed in Article 14 or
damages the sound operation of the market
organisation, without prejudice to any other
penalties otherwise incurred under national
law;

d) notify the Commission, within two months, of any
decision to grant, refuse or withdraw recognition.

4.
The Commission shall check that paragraphs 1
and 3 (b) are complied with by carrying out checks in
accordance with Regulation (EEC) No 2847/93 and
may, as a result of these checks, require a Member
State to withdraw recognition.

Recognition shall constitute an authorisation to
the measures listed in paragraph 1 (d),

5.
carry out
consistent with the terms of this Regulation.

the

6.
The Commission shall publish in the C series of
the Official Journal of the European Communities a
list of
recognised,
interbranch organisations
indicating the economic area or area of their activities
and the activities they carry out for the purposes of
Article 15. Withdrawals of recognition shall also be
made public.

7. Detailed rules for the application of this Article
and, in particular, the terms and conditions on which
and the frequency with which the Member States are
to the Commission on the activities of
to report
interbranch
in
shall
accordance with the procedure laid down in Article 38.

organisations,

adopted

be

c) give rise to discrimination;

d) eliminate competition in respect of a substantial

proportion of the products in question;

e) otherwise restrict competition in ways which are
not essential to achieving the goals of the common
fisheries policy as pursued by interbranch activity.

CHAPTER 3

Extension of agreements, decisions and concerted
practices to non-members

Article 15

1. Where an interbranch organisation operation in a
regions of a Member State is
specific region or
considered to be representative of the production of
and/or trade in and/or processing or a given product,
the Member State concerned may, at the request of the
organisation, make some of the agreements, decisions
that
or
organisation binding for a limited period on other
operators in the region or regions in question, whether
individuals or groups, who do not belong to the
organisation.

on within

concerted

practices

agreed

2.
An interbranch organisation shall be deemed
representative within the meaning of paragraph 1
where it accounts for at
the
production and/or trade in and/or processing of the
product or products concerned in the region or regions
concerned of a Member State. Where the application
for extension of its rules to other operators covers
more than one region, the interbranch organisation

two thirds of

least

20.3.1999

EN

Official Journal of the European Communities

C 78/15

must demontrate its representativeness for each of the
branches it covers in each of the regions concerned.

notification
agreements.

of

the

extension

of

interbranch

The rules for which extension to other operators

3.
may be requested:

a) must concern one of the following:

The Commission shall decide that a Member State
must repeal an extension of the rules decided on by
that Member State:

— information about production and the market;

a)

if it finds that the extension in question jeopardises
free trade, or that the goals of Article 39 of the
Treaty are endangered;

— stricter production rules than any laid down in

Community or national rules;

— drawing up standard contracts which are

compatible with Community rules;

— rules on marketing;

— protecting designations of origin, quality seals

and geographical designations.

b) must have been in force for at least one year;

b)

if it finds that Article 85 (1) of the Treaty applies
to the agreement, decision or concerted practice
which it has been decided to extend to other
producers;

c) where, following ex-post checks under Regulation
(EEC) No 2847/93, it finds that Article 15 has not
been complied with.

c) may be made binding for no more than three

marketing years;

The Commission’s decision shall apply from the date
on which the existence one of
the circumstances
referred to in (a), (b) or (c) was determined.

d) must not cause any harm to other operators
established in other regions of the Member State or
in other Member States.

Article 16

shall notify the Commission
1. Member States
forthwith of the rules which they have made binding
on all operators in one or more specified regions.
These rules shall be published in the C series of the
Official Journal of the European Communities.

Before such publication, the Commission shall inform
the Committee provided for in Article 38 of any

2. Where rules
for one or more products are
extended and one or more of the activities referred to
in Article 15 (3) (a) are pursued by a recognised
interbranch organisation and are
in the general
economic interest of those operators whose activities
relate to one or more of the products concerned, the
Member State which has granted recognition may
decide that
individuals or groups which are not
members of the organisation but which benefit from
those
the organisation the
equivalent of all or part of the financial contributions
such
paid by its members,
contributions are intended to cover costs directly
incurred as a result of pursuing the activities in
question.

shall pay

activities

to the

extent

that

TITLE IV

PRICES AND INTERVENTION

CHAPTER 1

Prices

Article 17

General provisions

1.
For the products listed in Article 1, producer
organisations may fix a withdrawal price below

which they will not sell products supplied by their
members.

In this event,
market, producer organisations:

for quantities withdrawn from the

— shall grant an indemnity to members in respect of
the products listed in Annex I, parts A and B and
in Annex IV which conform to the standards
adopted in accordance with Article 2,

C 78/16

EN

Official Journal of the European Communities

20.3.1999

— may grant an indemnity to members in respect of

— taking into account

trends

in production and

the other products referred to in Article 1.

demand.

For each product listed in Article 1, a maximum level
for the withdrawal price may be fixed in accordance
with paragraph 5.

In fixing them price, account shall also be taken of the
need to:

The disposal of products withdrawn from the
2.
market shall be determined by producer organisations
in such a way as not
to interfere with normal
marketing of the products in question.

To finance these withdrawal measures, producer
3.
organisations
an intervention fund
replenished from contributions assessed on quantities
offered for
shall apply an
equalisation system.

sale or, alternatively,

create

shall

4.
Producer organisations shall supply the following
items of information to the national authorities, who
shall communicate them to the Commission:

— a list of the products for which they intend to

operate the system described in paragraph 1,

— the period during which withdrawal prices are

applicable,

— the level of withdrawal prices proposed and

applied.

5. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

— stabilise market prices and avoid the formation of

surpluses in the Community,

— help support producers’ incomes,

— consider consumers’ interests.

3.
The Council, acting by a qualified majority on a
proposal from the Commission, shall determine the
level of the guide prices referred to in paragraph 1.

Article 19

Price reporting

1.
Throughout the period during which the guide
price is applicable, Member States shall notify the
Commission of the prices recorded on representative
wholesale markets or in representative ports for the
products referred to in Article 18 (1).

the

For

purposes

2.
the
representative markets and ports in the Member States
shall be those where a significant proportion of
Community output of a given product is marketed.

paragraph

of

1,

Article 18

Guide price

3. Detailed rules for the application of this Article
shall be adopted, and the list of representative markets
and ports referred to in paragraph 2 approved,
in
accordance with the procedure laid down in Article 38.

1.
A guide price shall be fixed before the beginning
of the fishing year for each of the products listed in
Annex I, parts A, and B and for each of the products
and groups of products listed in Annex II.

These prices shall be valid for the whole Community
and shall be fixed for each fishing year or for each of
the periods into which that year is subdivided.

2.

The guide price shall be based on:

— the average of prices recorded for a significant
proportion of Community output on representative
wholesale markets or in representative ports during
the three fishing years immediately preceding the
year for which the price is fixed,

Article 20

Community withdrawal prices

For each of

1.
the products listed in Annex I,
parts A and B, a Community withdrawal price shall be
fixed on the basis of the freshness, size and weight and
the presentation of
the product, hereinafter called
(cid:28)product category’, by applying to an amount equal at
least to 70 %, and not exceeding 90 %, of the guide
price, the conversion factor for the product category
concerned. These conversion factors shall reflect the
price relationship between the product category under
consideration and that adopted for fixing the guide
price. The Community withdrawal price
shall,
however, in no case exceed 90 % of the guide price.

20.3.1999

EN

Official Journal of the European Communities

C 78/17

2.
In order to ensure that producers in landing
areas which are very far away from the principal
consumption centres of the Community have access to
markets under
the prices
referred to in paragraph 1 may be weighted for each
area, by an adjustment factor.

satisfactory conditions,

3.

For the products referred to in paragraph 1:

a) The financial compensation shall be equal to:

The procedures

for applying this Article,

3.
in
particular setting of the percentage of the guide price
to serve as an element in calculating the Community
withdrawal price and designating the landing areas
referred to in paragraph 2 as well as setting prices,
shall be adopted in accordance with the procedure laid
down in Article 38.

(i)

87,5 % of the withdrawal price applied by
the producers’ organisation concerned for
quantities withdrawn not exceeding 2 % of
the quantities put up for sale each year

(ii) 80 % of the withdrawal price applied by the
for
producer
quantities withdrawn which exceed 2 % but
not 5 % of the quantities put up for sale each
year

organisation

concerned

CHAPTER 2

Intervention

Article 21

(iii)

Financial compensation for withdrawals

concerned

from the 2003 fishing year, 50 % of
the
withdrawal price applied by the producer
organisation
quantities
withdrawn which exceed 5 % but not 8 % of
the quantities put up for sale each year; for
the 2001 and 2002 fishing years, it shall be
equal to 70 % and 60 % of the withdrawal
price, respectively

for

shall

States

1. Member
financial
compensation to producer organisations carrying out
withdrawals under Article 17 in respect of
the
products listed in Annex I, parts A and B, provided
that:

grant

b) No financial compensation shall be granted in
respect of quantities withdrawn exceeding 8 % of
the quantities put up for sale by each producer
organisation.

a)

b)

c)

by

price

applied

the withdrawal
these
organisations is the Community withdrawal price
fixed in accordance with Article 20, a margin of
tolerance extending 10 % below and 10 % above
this price being, however, permitted to take
account in particular of seasonal fluctuations in
market prices;

the products withdrawn meet
the marketing
standards adopted under Article 2 and are of an
adequate quality, to be defined in accordance with
the procedure provided for in Article 2 (3);

the fishing year

the withdrawal price referred to at a) is applied
for each product
throughout
a
category
producer
however,
concerned;
organisation which, as one of
the measures
referred to in Article 5 (1), applies a ban on the
sale of certain product categories shall not be
required to apply the Community withdrawal price
for those categories of products.

Financial compensation shall be granted only
2.
where products withdrawn from the market are
disposed
human
consumption or in such a way as not to interfere with
normal marketing of other products.

purposes

other

than

for

of

4.
For the purpose of calculating the amount of
financial compensation to be granted to a producer
organisation, the output of all its members shall be
taken
quantities
withdrawn from the market by another organisation
under Article 5.

including

account,

into

any

5.
The financial compensation shall be reduced by
the value, set at a standard amount, of products
intended for purposes other than human consumption
or any net revenue from the disposal of products for
human consumption in accordance with paragraph 2.
The above value shall be set at the beginning of the
fishing year. It shall, however, be adjusted if significant
and lasting price changes are noted on the Community
market.

their members,

6. Where producer organisations carry out
the
withdrawals referred to in paragraph 1, they shall
grant
for the quantities withdrawn
from the market, an indemnity at least equal to the
sum of
the financial compensation calculated in
accordance with paragraph 3 (a), plus an amount
equal to:

— 10 %, in the case referred to in paragraph 3 (a) (i),

C 78/18

EN

Official Journal of the European Communities

20.3.1999

— 12 %, in the case referred to in paragraph 3 (a) (ii),

— 15 %, in the case referred to in paragraph 3 (a) (iii)

and (b),

of the withdrawal price applied by that organisation.

internal penalties, grant

However, producer organisations may, under a system
lower
of
indemnity than that provided for in the previous
subparagraph, provided the difference is placed in a
reserve fund exclusively called on for
subsequent
intervention operations.

their members

7. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

Article 22

Community selling prices

For each of the products listed in Annex I, part C, a
Community selling price shall be fixed on the same
terms as laid down in Article 20 for fixing withdrawal
prices.

Article 23

Carry-over aid

1.

The following shall be eligible for carry-over aid:

(i) products listed in Annex I, parts A and B which
are withdrawn from the market at the withdrawal
price referred to in Article 20,

(ii) products listed in Annex I, part C which have been
put up for sale but for which it can be shown that
a buyer has not been found at the Community
selling price fixed in accordance with Article 22.

3.
The aid may be granted for each of the products
concerned up to a quantity equivalent to 20 % of the
quantities put up for
the
percentage of quantities referred to above in respect of
which financial compensation has been paid under
Article 21.

sale each year, minus

The amount of this aid may not exceed the amount of
the technical and financial costs associated with the
operations which are essential for stabilisation and
storage.

The processing methods referred to in this Article

4.
are:

a) — freezing

— salting

— drying

— marinating

and, where relevant

— boiling

b)

filleting or cutting-up and, where appropriate,
heading where these operations are accompanied
by one of the processes listed in a).

5. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

Article 24

Independent withdrawals and carry-over by producer
organisations

For products listed in Annex IV, Member States
flat-rate aid to producer organisations
intervention in accordance with

1.
shall grant
which practise
Article 17, provided that:

A margin of
tolerance extending 10 % below and
10 % above these prices, however, is permitted to take
account
in
market prices.

in particular of

fluctuations

seasonal

2. Only such quantities
eligible for a carry-over aid as:

shall be considered as

a) have been supplied by a member producer,

b) meet

certain
requirements,

quality,

size

and

presentation

c) are either processed to stabilise them and stored or
preserved in accordance with conditions and for a
period to be determined.

a) such

set

organisations

a withdrawal

price,
hereinafter
called an (cid:28)autonomous withdrawal
price’, before the beginning of the fishing year; the
producer organisations must apply that price
throughout the fishing year, a tolerance of 10 %
below and 10 % 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 producer
organisations concerned during the previous three
fishing years;

b)

the products withdrawn meet
the marketing
standards adopted under Article 2 and are of an
adequate quality, to be defined in accordance with
the procedure provided for in Article 2 (3);

20.3.1999

EN

Official Journal of the European Communities

C 78/19

c)

the indemnity granted to associated producers in
respect of the products withdrawn from the market
is equal
to the autonomous withdrawal price
applied by the producer organisations.

2.
The flat-rate aid shall be granted for quantities
withdrawn from the market which have been put up
for sale in accordance with Article 5 (1) and which are
disposed of in a way that does not affect the normal
disposal of production.

3.
The amount of the flat-rate aid shall be 75 % of
the autonomuos withdrawal price applied during the
current fishing year, this amount being reduced by the
value, fixed at a standard amount, of the product
which is disposed of as specified in paragraph 2.

4.
The flat-rate aid shall also be granted for
quantities withdrawn from the market which are
either processed to stabilise them and stored or
preserved in accordance with conditions and for a
period to be determined. The amount of the flat-rate
aid in such cases may not exceed the amount of the
technical and financial costs associated with the
operations which are essential for stabilisation and
storage.

The quantities eligible

5.
the flat-rate aid
pursuant to paragraphs 2 and 5 may not exceed 5 %
of the annual quantities of the products concerned put
up for sale in accordance with Article 5 (1).

for

eligible

The quantities
aid under
paragraphs 2 and 4 may together not exceed 10 % of
the annual quantities
referred to in the previous
subparagraph.

flat-rate

for

The Member States concerned shall

introduce
6.
inspection arrangements ensuring that products for
which the flat-rate aid is applied do in fact qualify for
it.

For the purposes of these inspection arrangements,
recipients of the flat-rate aid shall keep stock records
which meet criteria to be determined. Member States
shall send to the Commission, at intervals to be laid
down, a table showing average product and category
prices recorded at representative wholesale markets or
ports.

from the Commission,

The Council, acting by a qualified majority on a
7.
proposal
decide,
depending on the mutual alignment of the prices for
the species covered by this Article, on their inclusion
in the list of products in Annex I, part A.

shall

Article 25

Private storage aid

A Community selling price shall be fixed for
1.
each of the products referred to in Annex II before the
beginning of the fishing year, at a level at least equal
to 70 % and not exceeding 90 % of the guide price
referred to in Article 18 (1).

2.
Private storage aid may be granted to producer
organisations which, throughout the fishing year in
question:

a) apply Article 5 (1)

for

the production and

marketing of the products concerned;

b) apply the selling price referred to in paragraph 1, a
margin of tolerance extending 10 % below and
10 % above these prices being permitted, however,
to
seasonal
account
fluctuations in market prices.

particular

take

of

in

Private storage aid shall be granted for the
3.
products listed in Annex II which have been put up for
sale but for which it can be shown that a buyer has
not been found at the Community selling price fixed
in accordance with paragraph 1.

The following restrictions shall apply to the

4.
grant of private storage aid:

a)

the products must have been fished, frozen on
board and landed in the Community by a member
of a producer organisation,

b)

the products must be stored for a minimum period
and then placed on the Community market again,

up to a maximum of 15 % of the annual quantities of
the products concerned put up for
sale by the
producer organisation.

5.
The amount of the private storage aid may not
exceed the sum of technical costs and interest for a
maximum period of three months. This amount shall
be fixed each month degressively.

6. Detailed rules for the application of this Article,
including the fixing of the selling price referred to in
paragraph 1, shall be adopted in accordance with the
procedure laid down in Article 38.

CHAPTER 3

Tuna for canning

Article 26

Community producer price

8. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

1.
The Council, acting by qualified majority on a
proposal from the Commission, shall fix for each of

C 78/20

EN

Official Journal of the European Communities

20.3.1999

the products
listed in Annex III a Community
producer price before the start of the fishing year.
These prices shall be established in accordance with
the first and second indents of Article 18 (2).

— the

average
Community market

selling

price

recorded

on

the

In fixing them price, account shall also be taken of the
need to:

— the import price referred to in Article 30 (3)

and

— consider the supply conditions for the Community

processing industry,

are both lower than a triggering threshold equivalent
to 85 % of the Community producer price for the
product in question.

— help support producers’ incomes,

— avoid

the
Community.

formation

of

surpluses

in

the

These prices shall be valid throughout the Community
and shall be fixed for each fishing year.

2. Member States shall notify the Commission of
the average prices recorded at representative wholesale
markets or ports for products of Community origin as
referred to in paragraph 1 which have defined
commercial characteristics.

the

For

purposes

3.
the
representative markets and ports in the Member States
shall be those where a significant proportion of
Community tuna production is marketed.

paragraph

or

2,

4. Detailed rules for the application of this Article,
in particular the setting of 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 38.

Article 27

Allowance for producer organisations

The Member States shall prepare or update and notify
to the Commission a list of the industries referred to
in this paragraph before the start of each fishing year.

The amount of the allowance in any case may

2.
not exceed:

— either

the difference between the
threshold and the average selling price of
product in question on the Community market,

triggering
the

— or a flat-rate amount equivalent to 12 % of this

threshold.

3.
the
The maximum total quantity of each of
products eligible for the allowance shall be limited to
an amount equal to the average of the quantities sold
and delivered, under the terms set out in paragraph 1,
during the equivalent quarter in the three fishing years
preceding the quarter for which the allowance is paid.

The amount of the allowance granted to each

4.
producer organisation shall be equal to:

— the ceiling laid down in paragraph 2 for the
quantities of the product in question which are
disposed of in accordance with paragraph 1 and
which do not exceed the average of the quantities
sold and delivered under the same conditions by its
members in the equivalent quarter in the three
fishing years preceding the quarter for which the
allowance is paid,

1.
An allowance may be granted to the producers’
organisations for the quantities of products listed in
Annex III caught by their members, then sold and
delivered to processing industries established within
the customs territory of the Community and intended
for the industrial manufacture of products falling
within CN code 1604.

— 50 % of the ceiling laid down in paragraph 2 for
the quantities of the product in question which
exceed the quantities referred to in the first indent
and which are equal
the
quantities resulting from allocating the quantities
eligible under paragraph 3 among the producer
organisations.

to the surplus of

20.3.1999

EN

Official Journal of the European Communities

C 78/21

This allocation shall be made proportionally
between the producer organisations in question on
the basis of their respective average production in
the equivalent quarter in the three fishing years
preceding the quarter for which the allowance is
paid.

5.
The producer organisations shall allocate the
allowance granted to their members proportionally on

the basis of the quantities produced by them and sold
and delivered in accordance with paragraph 1.

6. Detailed rules for the application of this Article,
in particular the amount and the conditions under
which the allowance is granted, shall be adopted in
accordance with the procedure laid down in Article 38.

TITLE V

TRADE WITH THIRD COUNTRIES

CHAPTER 1

Customs arrangements

Article 28

1.
To ensure adequate supply to the Community
market of raw materials intended for the processing
industries, total or partial autonomous suspension of
common customs tariff duties for certain products
shall be adopted for an indefinite period in accordance
with Annex V to this Regulation.

In order to prevent the suspension arrangements
2.
referred to in paragraph 1 from jeopardising the
stabilisation measures referred to in Articles 20, 21,
22, 23, 25 and 26, qualification for such suspension
shall be granted when the products concerned are
imported, provided the price fixed under Article 29 is
complied with.

CHAPTER 2

Reference prices

Article 29

Reference prices valid for the Community may
for the

1.
be fixed each year, by product category,
products specified in Article 1 that are the subject of:

(i)

reduction or

tariff
suspension arrangements,
where the rules binding them in the WTO
provide for compliance with a reference price,

(ii) one of the measures referred to in Article 28 (1),

or

(iii) arrangements other than those referred to at (i)
or (ii), which provide for compliance with a

reference price and which are in line with the
Community’s international undertakings.

If the declared customs value of a given product
2.
imported from a third country under one of
the
measures referred to in paragraph 1 is lower than the
reference price,
the quantities concerned shall not
qualify for the tariff arrangements in question.

States

inform the Commission
Member
immediately of cases where the measure provided for
in this paragraph is applied.

shall

3.

Reference prices adopted:

a)

b)

c)

d)

for the products listed in Annex I, parts A and B,
shall be equal to the withdrawal price fixed in
accordance with Article 20 (1);

for the products specified in Annex I, part C,
shall be equal to the Community selling price
fixed in accordance with Article 22;

for the products specified in Annex II shall be
equal to the Community selling price fixed in
accordance with Article 25 (1);

recorded on the most

for other products shall be fixed, in particular, on
the basis of the weighted average of customs
representative
values
import markets or in the most representative
ports of import in the Member States during the
three years immediately preceding the date on
which the reference price is fixed, taking account
the
the need to ensure that prices reflect
of
market situation.

4. Member States
shall notify the Commission
regularly of the prices and quantities of imports of the
recorded on their
products
representative markets or
in representative ports.
These prices shall be equal to the customs value of the
products concerned.

in Annexes

to IV,

I

C 78/22

EN

Official Journal of the European Communities

20.3.1999

5. Detailed rules for the application of this Article,
including the level of the reference prices, shall be
adopted in accordance with the procedure laid down
in Article 38.

CHAPTER 3

Safeguard measures

Article 30

1. Where, by reason of
the
Community market in one or more of the products

imports or exports,

disturbance

listed in Article 1 is affected by, or is threatened with,
serious
the
likely
achievement of the objectives set out in Article 39 of
the Treaty, appropriate measures may be applied in
trade with third countries until such disturbance or
threat of disturbance has ceased.

jeopardise

to

2.
The measures provided for in paragraph 1 shall
be applied and implemented in accordance with the
procedures of Article 16 of Council Regulation (EC)
No 3285/94 (1).

TITLE VI

GENERAL PROVISIONS

Article 31

Where price
increases and supply problems are
recorded on the Community market for one or more
of the products referred to in Article 1 such that the
attainment of some of the goals of Article 39 of the
Treaty might be jeopardised, and where this situation
is likely to persist, the measures needed to remedy the
situation may be taken in accordance with the
procedure laid down in Article 38.

Article 32

Subject to any provisions contrary to this Regulation
the Treaty,
adopted under Articles 42 and 43 of
Articles 92, 93 and 94 of the Treaty shall apply to
production of and trade in the products referred to in
Article 1.

Article 33

Without prejudice to other Community provisions, the
Member States shall take the necessary steps to ensure
that all fishing vessels flying the flag of one of the
Member States enjoy equal access
to ports and
first-stage marketing installations together with all
associated equipment and technical installations.

2. Detailed rules for the application of this Article,
including determination of the expenditure to be borne
shall be adopted in
by the Community budget,
accordance with the procedure laid down in Article 38.

Article 35

1.
Expenditure incurred from the grant of payments
provided for in this Regulation shall be deemed to
relate to intervention measures within the meaning of
Article 2 (2) of Council Regulation (EC) No … on …
the financing of the common agricultural policy (2).

Financing for

2.
the expenditure referred to in
paragraph 1 shall be granted in respect of products
from a stock or group of stocks only up to the limit of
any quantities allocated to the Member State in
question from the total volume of allowable catches
for the stock or group of stocks in question.

3. Detailed rules for the application of this Article
shall be adopted in accordance with the procedure laid
down in Article 38.

Article 34

Article 36

The Member States and the Commission shall
1.
communicate to each other the information necessary
for implementing this Regulation. To that end they
shall
communication and
information exchange systems, maintain them in good
operating order and bear the attendant costs.

set up the necessary

Part of
referred to in
paragraph 1 shall be borne by the Community budget.

the cost of

the systems

shall adopt all appropriate
The Member States
measures to ensure compliance with this Regulation

(1) Council Regulation (EC) No 3285/94 of 22 December
imports and repealing
1994 on common rules
Regulation (EC) No 518/94(OJ L 349, 31.12.1994,
p. 53). Regulation as last amended by Regulation (EC)
No 2315/96 (OJ L 314, 4.12.1996, p. 1).

for

(2) OJ L….

20.3.1999

EN

Official Journal of the European Communities

C 78/23

and to forestall and bring to an end any fraud. To that
end:

— they shall carry out systematic checks on the

beneficiaries of financial assistance;

— if it is appropriate to carry out certain checks by
sampling, they shall ensure, on the basis of risk
analysis, that the frequency of the checks and the
methods used are appropriate throughout their
territory for the measure being checked and are
adequate for the volume of products marketed or
held with a view to marketing.

Article 37

for Fishery Products
A Management Committee
be
(hereinafter
established,
the
Member States and presided over by a representative
of the Commission.

shall
representatives of

called
consisting of

(cid:28)the Committee’)

Article 38

Where the procedure laid down in this Article is to be
followed, the Chairman shall refer the matter to the
Committee either on his own initiative or at
the
request of the representative of a Member State.

The representative of the Commission shall submit to
the Committee a draft of the measures to be taken.
The Committee shall deliver its opinion on the draft
within a time limit which the Chairman my lay down
according to the urgency of the matter. The opinion
shall be delivered by the majority laid down in
Article 148 (2) of the Treaty in the case of decisions
which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives
of the Member States within the Committee shall be
weighted in the manner set out in that Article. The
Chairman shall not vote.

The Commission shall adopt measures which shall
apply immediately. However, if these measures are not
in accordance with the opinion of the Committee, they
shall forthwith be communicated by the Commission
to the Council. In that event, the Commission may
defer application of the measures which it has decided
for a period of not more than one month from the
date of such communication.

The Council, acting by a qualified majority, may take
a different decision within the time limit referred to in
the previous subparagraph.

Article 39

The Committee may consider any other question
referred to it by its Chairman either on his own
initiative or at the request of the representative of a
Member State.

Article 40

This Regulation shall be so applied that appropriate
account is taken at the same time of the goals set out
in Articles 39 and 110 of the Treaty.

Article 41

By 31 December 2005 at the latest, the Commission
shall send to the Council and the European Parliament
an evaluation report on the results of implementing
this Regulation. This report shall be accompanied,
where necessary, by appropriate proposals based on an
analysis of the impact of this Community action and
its effectiveness in relation to its objectives.

Article 42

1.
Regulation (EEC) No 3759/92, Regulation (EEC)
No 105/76, and Regulation (EEC) No 1772/82 are
hereby repealed with effect from 1 January 2001.

References to the repealed Regulation (EEC) No
2.
3759/92 shall be construed as
referring to this
Regulation and should be read in accordance with the
correlation Table in Annex VII.

Article 43

This Regulation shall enter into force on the 20th day
following its publication in the Official Journal of the
European Communities.

It shall apply from 1 January 2001.

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

C 78/24

EN

Official Journal of the European Communities

20.3.1999

ANNEX I

CN code

Description

A. Fresh or chilled products of heading Nos 0302 and 0307:

a)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

0302 22 00

Plaice (Pleuronectes platessa)

ex 0302 29 90 Dab (Limanda Limanda)

0302 29 10 Megrim(Lepidorhombus spp.)

ex 0302 29 90

Flounder (Platichthys flesus)

Albacore or longfinned tunas (Thunnus alalunga)

0302 31 10
and
0302 31 90

ex 0302 40

Herring of the species Clupea harengus

0302 50 10

Cod of the species Gadus morhua

0302 61 10

Sardines of the species Sardina pilchardus

0302 62 00 Haddock (Melanogrammus aeglefinus)

0302 63 00

Coalfish (Pollachius virens)

ex 0302 64

Mackerel of the species Scomber scombrus and Scomber japonicus

Dogfish (Squalus aeanthias and Scyliorhinus spp.)

Redfish (Sebastes spp.)

0302 65 20
and
0302 65 50

0302 69 31
and
0302 69 33

0302 69 41 Whiting (Merlangius merlangus)

0302 69 45

Ling (Molva spp.)

0302 69 55

Anchovies (Engraulis spp.)

ex 0302 69 68 Hake of the species Merluccius merluccius

0302 69 81 Monkfish (Lophius spp.)

ex 0307 41 10

Cuttlefish (Sepia officinalis and Rossia macrosoma)

B. Live, fresh or chilled products or products cooked by steaming or by boiling in water:

Shrimps of
(Pandalus borealis)

the species Crangon crangon and Deep-water prawn

ex 0306 23 10

ex 0306 23 31

ex 0306 23 39

C. Live, fresh or chilled products or products cooked by steaming or by boiling in water:

0302 23 00

Sole (Solea spp.)

0306 24 30

Edible crabs (Cancer pagurus)

0306 29 30 Norway lobsters (Nephrops norvegicus)

20.3.1999

EN

Official Journal of the European Communities

C 78/25

ANNEX II

CN code

Description

A. Frozen products of heading Nos 0303 and 0304:

0303 31 10

Lesser or Greenland halibut (Reinhardtius hippoglossoides)

Hake of the genus Merluccius

0303 78 11
0303 78 12
0303 78 13
0303 78 19
and
0304 20 55
0304 20 56
0304 20 58

0303 79 71

Sea bream (Dentex dentex and Pagellus spp.)

B. Frozen products of heading No 0306:

0306 13 40
0306 13 50
ex 0306 13 80

Shrimps of the family Penaeidae

C. Frozen products of heading No 0307:

1.

2.

3.

4.

5.

0307 49 18
0307 49 01

Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola
rondeletti

Squid (Loligo spp.)

0307 49 31
0307 49 33
0307 49 35
and
0307 49 38

0307 49 51

Squid (Ommastrephes sagittatus)

0307 59 10 Octopus (Octopus spp.)

0307 99 11

Illex spp.

C 78/26

EN

Official Journal of the European Communities

20.3.1999

ANNEX III

Tuna (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus [Katsuwonus] pelamis) and
other species of the genus Euthynnus, fresh, chilled or frozen, intended for industrial manufacture of
products falling within heading No 1604, and classified under one of the following Combined
Nomenclature codes:

Description

CN code

Fresh or chilled

Frozen

Presented in a form other than those listed
under heading No 0304

I. The following species:

a) Albacore or longfinned tuna (Thunnus
alalunga), excluding fresh or chilled:

1. Weighing more than 10 kg each (*)

2. Weighing not more than 10 kg

each (*)

b) Yellowfin tuna (Thunnus albacares):

1. Weighing more than 10 kg each

0302 32 10 (*)

2. Weighing not more than 10 kg each

0302 32 10 (*)

0303 41 11, 0303 41 13 and
0303 41 19

0303 41 11, 0303 41 13 and
0303 41 19

0303 42 12, 0303 42 32 and
0303 42 52

0303 42 18, 0303 42 38 and
0303 42 58

c) Skipjack or stripe-bellied tuna

(Euthynnus [Katsuwonus] pelamis)

0302 33 10

0303 43 11, 0303 43 13 and
0303 43 19

d) Bluefin

tuna
excluding fresh or chilled

(Thunnus

thynnus),

0303 49 21, 0303 49 23 and
0303 49 29

e) Other species of
and Euthynnus

the gender Thunnus

0302 39 11
0302 39 19
0302 69 21

0303 49 41, 0303 49 43,
0303 49 49, 0303 79 21,
0303 79 23 and 0303 79 29

II. Presented in one of the following ways:

a) Whole

b) Gilled and gutted

c) Other (for example (cid:28)heads off’)

(*) Reference to weight applies to the whole product.

20.3.1999

EN

Official Journal of the European Communities

C 78/27

ANNEX IV

Fresh or chilled products of the following species

CN code

Lemon sole (Microstomus kitt)

Bluefin tunas (Thunnus thynnus)

Pollack (Pollachius pollachius)

Ray’s bream (Brama spp.)

ex 0302 29 90

0302 39 11 and
0302 39 91

ex 0302 69 51

0302 69 75

Blue whiting
poutassou)

(Micromesistius

poutassou

or Gadus

0302 69 85

(Trisopterus

Pout
minutus)

luscus) and poor cod (Trisopterus

ex 0302 69 99

Bogues (Boops boops)

Picarel (Maena smaris)

Conger (Conger conger)

Gurnard (Trigla spp.)

Horse mackerel (Trachurus spp.)

Mullet (Mugil spp.)

Skate (Raja spp.)

ex 0302 69 99

ex 0302 69 99

ex 0302 69 99

ex 0302 69 99

ex 0302 69 91
ex 0302 69 99

ex 0302 69 99

ex 0302 69 99 and
ex 0304 10 98

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

Scabbard fish (Lepidopus caudatus and Aphanopus carbo)

ex 0302 69 99

C 78/28

EN

Official Journal of the European Communities

20.3.1999

ANNEX V

SUSPENSIONS OF COMMON CUSTOMS TARIFF DUTIES REFERRED TO IN ARTICLE 28

1. The customs duty for frozen fillets of Alaska pollack (Theragra chalcogramma) presented as
industrial blocks and intended for processing, falling within CN code ex 0304 20 85, is reduced to
3,5 % for an indefinite period.

2. The customs duty for frozen meat of Alaska pollack (Theragra chalcogramma) presented as
industrial blocks and intended for processing, falling within CN code ex 0304 90 61, is reduced to
3,5 % for an indefinite period.

3. The customs duty for fish of the species: Gadus morhua, Gadus ogac, Gadus macrocephalus and
Boreogadus saida, excluding livers and roes, presented fresh, chilled or frozen and intended for
processing, falling within CN codes:

ex 0302 50 10
ex 0302 50 90
ex 0302 69 35
ex 0303 60 11
ex 0303 60 19
ex 0303 60 90
ex 0303 79 41

is reduced to 3 % for an indefinite period.

4. The duty rate for surimi intended for processing, falling within CN code ex 0304 90 05, is reduced

to 3,5 % for an indefinite period.

5. The duty rate for frozen fillets of Blue grenadier (Macruronus novaezealandiae) intended for
processing, falling within CN code ex 0304 20 91, is reduced to 3,5 % for an indefinite period.

6. The duty rate for frozen meat of Blue grenadier (Macruronus novaezealandiae) intended for
processing, falling within CN code ex 0304 90 97, is reduced to 3,5 % for an indefinite period.

7. The duty rate for so called (cid:28)loin’ fillets of tunas and skipjack intended for processing, falling
within CN code ex 1604 14 16, is reduced to 6 % for an indefinite period. This rate of duty is to
be reviewed in the light of changes to the Scheme of Generalised Preferences and the design of the
new system that will apply from 2002.

8. The levying of the customs duty for prawns of the species (Pandalus borealis), in shell, fresh,

chilled or frozen and intended for processing, falling within CN code:

ex 0306 13 10
ex 0306 23 10

is suspended for an indefinite period.

9. The customs duty for whole herring (Clupea harengus, Clupea pallasi) weighing more than 140 g
each or herring fillets weighing more than 80 g each including flaps, excluding livers and roes,
presented fresh, chilled or frozen and intended for processing, falling within CN codes:

ex 0302 40 98
ex 0303 50 98
ex 0304 10 96
ex 0304 90 27

is reduced to 5 % for an indefinite period.

20.3.1999

EN

Official Journal of the European Communities

C 78/29

Checks to ensure that the above products are actually processed are carried out in accordance with the
relevant Community provisions. Total or partial suspension of the duty on these products shall be
permitted where they are to undergo any operation, except where they are to undergo only one or
more of the following:

— cleaning, gutting, tailing, heading,

— cutting (excluding filleting or cutting of frozen blocks),

— sampling, sorting,

— labelling,

— packing,

— chilling,

— freezing,

— deep freezing,

— thawing, separation.

The suspension is not allowed for products intended, in addition, to undergo treatment (or operations)
qualifying for suspension where such treatment (or operations) is (are) carried out at retail or catering
level. The suspension of customs duties shall apply only to fish intended for human consumption.

C 78/30

EN

Official Journal of the European Communities

20.3.1999

ANNEX VI

A. Method for calculating the allowance provided for in Article 1

Member vessels

Annual amount
during the first three years

Annual amount
during the two subsequent years

(in EUR per member vessel)

from the 1st to the 50th

from the 51st to the
100th

from the 101st to the
500th

from the 501st

600

200

100

0

300

100

50

0

B. Method for calculating the allowance provided for in Article 12

Member vessels

Annual amount

(in EUR per member vessel)

from the 1st to the 50th

from the 51st to the 100th

from the 101st to the 500th

from the 501st

1 000

500

250

0

20.3.1999

EN

Official Journal of the European Communities

C 78/31

ANNEX VII

Correlation Table

Regulation (EEC) No 3759/92

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 4a

Article 5

Article 5a

Article 6

Article 7

Article 7a

Article 7b

Article 8

Article 9

Article 10

Article 11

Article 12

Article 12a

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 1

Article 2

Article 3

Article 5

Article 6

Article 8

—

Article 9

—

Article 7

—

Article 17

Article 18

Article 19

Article 20

Article 21

—

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

—

—

—

Article 29

Article 29

C 78/32

EN

Official Journal of the European Communities

20.3.1999

Regulation (EEC) No 3759/92

This Regulation

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

Annex VII

Article 30

Article 35

Article 33

Article 32

Article 31

—

Article 34

Article 37

Article 38

Article 39

Article 40

Article 42

Article 43

Annex I

Annex II

Annex III

—

—

Annex IV

Annex V