Commission Regulation (EC) No 355/2000 of 16 February 2000 providing for the granting of compensation to producers' organisations in respect of tuna delivered to the processing industry from 1 April to 30 June 1999
Date: 2000-02-16
Institutions: European Commission
Subjects: fishing regulations, monetary compensatory amount, processing industry, producer organisation, sea fish

17. 2. 2000

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Official Journal of the European Communities

L 45/23

COMMISSION REGULATION (EC) No 355/2000

of 16 February 2000

providing for the granting of compensation to producers' organisations in respect of tuna delivered
to the processing industry from 1 April to 30 June 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 2792/1999 (2), and in particular Article 18(6)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

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' organ-
isations in respect of quantities of tuna delivered to the
processing industry during the calendar quarter
for
which prices have been recorded, where both the
recorded on the
selling price
average
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.

quarterly

An examination of the situation on the Community
market has shown that in the period 1 April to 30 June
1999, both the average quarterly selling price and the
free-at-frontier price as referred to in Article 18 of Regu-
lation (EEC) No 3759/92 for albacore tuna (Thunnus
alalunga) 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).

The amount of the allowance provided for in 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.

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.

The quantities of albacore tuna (Thunnus alalunga) sold
and delivered to the processing industry established in
the customs territory of the Community were higher

(1) OJ L 388, 31.12.1992, p. 1.
(2) OJ L 337, 30.12.1999, p. 10.
(3) OJ L 346, 22.12.1998, p. 5.

during the quarter concerned than the quantities sold
and delivered during the same quarter of
the three
previous fishing years; Since those quantities exceed the
limit set in Article 18(3) of Regulation (EEC) No 3759/
92,
that product on which
compensation is payable should therefore be limited.

the total quantities of

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 concerend in proportion to the
quantities produced by them in the same quarter of the
1996, 1997 and 1998 fishing years.

A decision should therefore be taken to grant the allow-
ance on the products in question for the period 1 April
to 30 June 1999.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fishery Products,

(6)

(7)

(8)

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
April to 30 June 1999 in respect of the following product.

Product

(EUR/t)

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

Albacore tuna (Thunnus alalunga)

51

Article 2

The total quantities on which the allowance for this

1.
species is payable shall be:

albacore tuna (Thunnus alalunga)

330,912 tonnes

The allocation of the total quantity among the producers'
in the Annex

2.
organisations concerned shall be as set out
hereto.

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Official Journal of the European Communities

17. 2. 2000

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 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, 16 February 2000.

For the Commission

Franz FISCHLER

Member of the Commission

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

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Official Journal of the European Communities

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ANNEX

Allocation among producers' organisations of quantities of tuna on which the compensatory allowance is
payable for the period 1 April to 30 June 1999 in accordance with Article 18(4) of Regulation (EEC) No 3759/92,
broken down by compensation percentage band

Albacore tuna
(Thunnus alalunga)

Quantities 100 % of which is
eligible for compensation
(first indent of Article 18(4))

Quantities 50 % of which is
eligible for compensation
(second indent of Article 18(4))

(Tonnes)

Total quantities on which
compensation is payable
(first and second indents of
Article 18(4))

OPAGAC

OPTUC

OP 42 (CAN.)

ORTHONGEL

APASA

MADEIRA

81,080

58,740

5,553

58,254

7,083

0

0

0

62,105

0

58,097

0

81,080

58,740

67,658

58,254

65,180

0

EU Total

210,710

120,202

330,912