Commission Regulation (EC) No 2550/1999 of 2 December 1999 providing for the granting of compensation to producers' organisations in respect of tuna delivered to the processing industry from 1 January to 31 March 1999
Date: 1999-12-02
Institutions: Council of the European Union
Subjects: agro-industry, monetary compensatory amount, producer organisation, sea fish

3. 12. 1999

EN

Official Journal of the European Communities

L 308/23

COMMISSION REGULATION (EC) No 2550/1999

of 2 December 1999

providing for the granting of compensation to producers' organisations in respect of tuna delivered
to the processing industry from 1 January to 31 March 1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3759/92 of 17
December 1992 on the common organisation of the market in
fishery and aquaculture products (1), as last amended by Regu-
lation (EC) No 3318/94 (2), and in particular Article 18(6)
thereof,

(1) Whereas the compensatory allowance provided for in
Article 18 of Regulation (EEC) No 3759/92 is to be
granted under certain conditions to Community tuna
producers' organisations in respect of quantities of tuna
delivered to the processing industry during the calendar
quarter for which prices have been recorded, where both
the average quarterly selling price recorded on the
Community market and the free-at-frontier price plus
any applicable countervailing charge are lower than
91 % of the Community producer price for the product
concerned;

(2) Whereas an examination of

the situation on the
Community market has shown that in the period 1
January to 31 March 1999, both the average quarterly
selling price and the free-at-frontier price as referred to
in Article 18 of Regulation (EEC) No 3759/92 for
yellowfin tuna (Thunnus albacares) weighing not more
than 10 kg and skipjack (Euthynnus (Katsuwonus) pelamis)
were lower than 91 % of the Community producer price
in force laid down in Council Regulation (EC) No 2763/
98 of 17 December 1998 fixing, for the 1999 fishing
year, the Community producer price for tuna intended
for the industrial manufacture of products falling within
CN code 1604 (3);

(3) Whereas

the quantities on which compensation as
provided for in Article 18(1) of Regulation (EEC) No
3759/92 is payable may under no circumstances exceed
the limits laid down in paragraph 3 of that Article for
the quarter concerned;

(4) Whereas the amount of the allowance in accordance
with Article 18(2) of Regulation (EEC) No 3759/92 may
not in any case exceed either the difference between the
triggering threshold and the average selling price of the
product in question on the Community market or a
flat-rate amount equivalent to 12 % of this threshold.

(1) OJ L 388, 31.12.1992, p. 1.
(2) OJ L 350, 31.12.1994, p. 15.
(3) OJ L 346, 22.12.1998, p. 5.

(5) Whereas the quantities of yellowfin tuna (Thunnus alba-
cares) weighing not more than 10 kg sold and delivered
to the processing industry established in the customs
territory of
the Community were higher during the
quarter concerned than the quantities sold and delivered
during the same quarter of the three previous fishing
years; whereas, since those quantities exceed the limit set
in Article 18(3) of Regulation (EEC) No 3759/92, the
total quantities of that product on which compensation
is payable should therefore be limited;

(6) Whereas, in accordance with the ceilings laid down in
Article 18(4) of Regulation (EEC) No 3759/92 for the
purpose of calculating the allowance to be granted to
each producers' organisation, the quantities on which
the allowance is payable should be allocated among the
producers' organisations concerned in proportion to the
quantities produced by them in the same quarter of the
1996, 1997 and 1998 fishing years;

(7) Whereas a decision should therefore be taken to grant
the allowance on the products in question for the period
1 January to 31 March 1999;

(8) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Fishery Products,

HAS ADOPTED THIS REGULATION:

Article 1

The compensatory allowance provided for in Article 18 of
Regulation (EEC) No 3759/92 shall be granted for the period 1
January to 31 March 1999 in respect of the following prod-
ucts.

Product

(EUR/tonne)

Maximum allowance in accordance
with first and second indents of Article
18(2) of Regulation (EEC) No 3759/92

Yellowfin tuna (Thunnus albacares)
weighing not more than 10 kg

Skipjack (Euthynnus
pelamis)

(Katsuwonus)

32

8

L 308/24

EN

Official Journal of the European Communities

3. 12. 1999

Article 2

1.

The total quantities on which the allowance for these species is payable shall be:

— yellowfin tuna (Thunnus albacares) weighing not more than 10 kg:
— skipjack (Euthynnus (Katsuwonus) pelamis):

5 470,850 t,
6 643,097 t.

The allocation of those total quantities among the producers' organisations concerned shall be as set

2.
out in the Annex hereto.

Entitlement to the compensatory allowance shall be determined on the basis of sales covered by invoices
the date of which falls within the quarter concerned and used to calculate the average monthly selling price
referred to in Article 7(1)(b) of Commission Regulation (EEC) No 2210/93 (1).

Article 3

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

Article 4

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

Done at Brussels, 2 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 197, 6.8.1993, p. 8.

3. 12. 1999

EN

Official Journal of the European Communities

L 308/25

ANNEX

Allocation among producers' organisations of quantities of tuna on which the compensatory allowance is
payable for the period 1 January to 31 March 1999 in accordance with Article 18(4) of Regulation (EEC) No
3759/92, broken down by compensation percentage band

(tonnes)

Yellowfin tuna
(Thunnus albacares) weighing
not more than 10 kg

Quantities 100 % of which is
eligible for compensation
(First indent of Article 18(4)
of Regulation
(EEC) No 3759/92)

Quantities 50 % of which is
eligible for compensation
(Second indent of Article 18(4)
of Regulation
(EEC) No 3759/92)

Total quantities on which
compensation is payable
(First and second indents of
Article 18(4) of Regulation
(EEC) No 3759/92)

OPAGAC

OPTUC

OP 42 (CAN.)

ORTHONGEL

APASA

MADEIRA

2 552,001

2 515,615

0

403,234

2 552,001

2 918,849

0

0

0

0

0

0

0

0

0

0

0

0

EU — Total

5 067,616

403,234

5 470,850

Skipjack
(Euthynnus (Katsuwonus)
pelamis)

Quantities 100 % of which is
eligible for compensation
(First indent of Article 18(4)
of Regulation
(EEC) No 3759/92)

Quantities 50 % of which is
eligible for compensation
(Second indent of Article 18(4)
of Regulation
(EEC) No 3759/92)

Total quantities on which
compensation is payable
(First and second indents of
Article 18(4) of Regulation
(EEC) No 3759/92)

(tonnes)

OPAGAC

OPTUC

OP 42 (CAN.)

ORTHONGEL

APASA

MADEIRA

3 905,634

2 732,010

0,633

3,673

0

0

0

0

0

1,147

0

0

3 905,634

2 732,010

0,633

4,820

0

0

EU — Total

6 641,950

1,147

6 643,097