Commission Regulation (EC) No 2509/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting financial compensation for withdrawals of certain fishery products
Date: 2000-11-15
Institutions: European Commission
Subjects: aquaculture, common organisation of markets, financial equalisation, fishery product, fixing of prices, marketing, producer organisation, product quality, withdrawal from the market, withdrawal price

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COMMISSION REGULATION (EC) No 2509/2000

of 15 November 2000

laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards
granting financial compensation for withdrawals of certain fishery products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 104/2000 of 17
December 1999 on the common organisation of the market in
fishery and aquaculture products (1), and in particular Article
21(8) thereof,

Whereas:

(1)

(2)

Regulation (EC) No 104/2000, which replaced Council
Regulation (EEC) No 3759/92 (2), as last amended by
Regulation (EC) No 2792/1999 (3), with effect from 1
January 2001, provides that Member States are to grant
financial compensation to producer organisations which
withdraw certain products from the market. That Regu-
lation has adjusted the levels of financial compensation
and has removed the special financial compensation for
exceptional circumstances. It is now appropriate to fill
out the framework laid down by Regulation (EC) No
104/2000 by enacting detailed rules and by repealing
the implementing Regulation on this subject, namely
Commission Regulation (EEC) No 3902/92 (4), as last
amended by Regulation (EC) No 1338/95 (5).

Article 6(1) of Council Regulation (EC) No 2406/96 of
26 November 1996 laying down common marketing
standards for certain fishery products (6), as amended by
Commission Regulation (EC) No 323/97 (7), establishes
that products that are classified as category ‘B’ are ineli-
gible for the financial assistance granted in respect of the
intervention mechanisms of the common market organ-
isation. Given that only ‘Extra’ and ‘A’ quality products
are eligible for financial compensation for withdrawals
set out in Article 21 of Regulation (EC) No 104/2000,
the calculation of the quantities eligible for that financial
compensation should be based on those categories of
products.

(3)

In order to give maximum encouragement to action to
the market, producer organisations not
stabilise
observing the Community withdrawal price throughout
the fishing year should be debarred from receiving finan-
cial compensation.

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 388, 31.12.1992, p. 1.
(3) OJ L 337, 30.12.1999, p. 10.
(4) OJ L 392, 31.12.1992, p. 35.
(5) OJ L 129, 14.6.1995, p. 7.
(6) OJ L 334, 23.12.1996, p. 1.
(7) OJ L 52, 22.2.1997, p. 8.

(5)

(6)

(7)

(8)

(9)

It is necessary to specify requirements pertaining to the
application of the margin of tolerance provided for in
Article 21(1)(a) of Regulation (EC) No 104/2000 in
order to guarantee normal conditions of competition
between producer organisations. Use of the margin of
tolerance must be adequately publicised in order to
ensure market transparency.

Since demand may fluctuate within the duration of any
selling operation, products should not be withdrawn
from the market before being put up for sale. Financial
compensation should only be granted on products that
have been put up for sale in the normal way and have
not found a buyer at the Community withdrawal price.

Financial compensation must be clearly disallowed on
fish on which carryover aid provided for in Article 23 of
Regulation (EC) No 104/2000 has been granted.

Systematic compliance with the common marketing
standards referred to in Article 2 of Regulation (EC) No
104/2000 is a determining factor in price formation and
a contributory element to stabilisation of the market.
The granting of
financial compensation on eligible
quantities should therefore be made conditional on
compliance with the standards for all quantities of the
product in question put up for sale by the producer
organisation or its members throughout the fishing year.

Financial compensation cannot be paid until the end of
the fishing year. To facilitate the operation of producer
organisations, it should be made possible for advances
to be granted against lodging of security. Rules should
be laid down for calculating advances on financial
compensation and fixing the security amount required.

Commission Regulation (EC) No 1925/2000 of 11
September 2000 establishing the operative events for
the exchange rates to be applied when calculating
certain amounts provided for by the mechanisms of
Council Regulation (EC) No 104/2000 on the common
organisation of the market in fishery and aquaculture
products (8) fixes the operative event for the exchange
financial
rate to be applied to the calculation of
compensation. This exchange rate should also be
reflected in the calculation of advances on financial
compensation.

(8) OJ L 230, 12.9.2000, p. 7.

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(10)

(11)

(12)

The granting of financial compensation should extend to
fish put up for sale and withdrawn by producer organ-
isations or their members in other Member States. The
authorities of the other Member State in which the fish
was put up for sale and withdrawn or carried over
should issue a certifying document and transmit a copy.

Identification of a fishing vessel is made easier and more
accurate by a reference to the number of the boat in the
fleet register rather than by the name of the boat. The
certificate to be issued on landing in another Member
State should be amended to require producer organ-
isations to refer to the internal-fleet register.

Each Member State should introduce a control system
for verifying that the figures given in applications for
financial compensation correspond to the quantities
actually put up for sale and withdrawn. The Commission
should be informed of these control systems in order to
ensure proper compliance with the legislation.

(13)

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 quantities of products eligible for financial compensation
under Article 21(3)(a) of Regulation (EC) No 104/2000 shall be
calculated on the basis of quantities that are classified under the
marketing standards set out in accordance with Article 2 of
that Regulation as being of ‘Extra’ and ‘A’ quality only.

Article 2

1.
Financial compensation shall be granted to producer
organisations on the condition that they apply, and ensure that
their members comply with, the Community withdrawal price
throughout the fishing year when the products are first put up
for sale, in accordance with the conditions laid down in Article
21(1)(a) and (c) of Regulation (EC) No 104/2000.

2.
Should the use of the margin of tolerance provided for in
Article 21(1)(a) of Regulation (EC) No 104/2000 lead to the
fixing of different withdrawal price levels for the same product
category by producer organisations established in a given area,
each of these organisations may adopt the price level fixed by

another producer organisation in the same area with effect
from the date it becomes applicable and for the relevant period.

3.
The withdrawal price level fixed by a producer organ-
isation using the margin of tolerance shall apply to all the
quantities offered for sale by that organisation or its members,
including those offered for sale outside its area of activity.

However, any producer organisation, or one of its members,
selling its products in an area other than its own area of
activity may apply either its own withdrawal price level which
must not be lower than the price level in the zone concerned
or one of those adopted, after eventual application of the
margin of tolerance, by the producer organisations established
in that area.

4.
The withdrawal price shall not include expenses incurred
after landing of the products with the exception of transport
costs made necessary by auction or quayside sales.

Article 3

Any producer organisation applying the margin of toler-
1.
ance to the Community withdrawal price shall communicate to
the competent authorities of the Member State in which it is
recognised the level of the withdrawal price adopted for each
category of products in all parts of its area of activity, at least
two working days before it is to become applicable.

If a producer organisation intends to change the period of
application of the margin of tolerance or the level of the
withdrawal price, or make use of the option provided for in
Article 2(2), it shall inform the competent authorities at least
two working days before the date of application of its decision.

All decisions referred to in this paragraph shall apply for five
working days at least.

The

competent

2.
State
authorities of
concerned shall ensure that all the information communicated
pursuant to paragraph 1 is publicised without delay in accord-
ance with regional ways and customs.

the Member

3.
By way of derogation from Council Regulation (EEC,
Euratom) No 1182/71 (1), and for the purposes of this Regula-
tion, Saturdays, Sundays and public holidays shall be treated as
working days provided putting up for sale is done in accord-
ance with Article 4(1)(c).

Article 4

1.
Quantities withdrawn from the market shall be consid-
ered to be quantities eligible for financial compensation only if:

(a) they were caught by a member of a producer organisation;

(b) they were put up for sale:

(i) through the producer organisation, or
(ii) by a member in accordance with common rules estab-
lished by the producer organisation, as referred to in
Article 5(1) of Regulation (EC) No 104/2000;

(1) OJ L 124, 8.6.1971, p. 1.

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(c) prior to withdrawal they were put up for a sale accessible
to all
interested parties in accordance with regional and
local ways and customs, during which it was established
that they did not find a buyer at the price fixed in accord-
ance with Article 21(1)(a) of Regulation (EC) No 104/2000;

(d) they have not been the subject of any request for the
carryover aid referred to in Article 23 of Regulation (EC)
No 104/2000 and have not benefited from such aid.

The grant of financial compensation for quantities eligible
2.
pursuant to paragraph 1 shall be subject to the condition that,
for the product or group of products concerned, all the quant-
ities put up for sale by the producer organisation or its
members during the fishing year must have been classified
previously in accordance with the marketing standards set out
in accordance with Article 2 of Regulation (EC) No 104/2000.

Article 5

1.
The financial compensation shall be paid to producer
organisations, on application, after the end of each fishing year.

2.
Applications for payment of the financial compensation
shall be submitted by producer organisations to the competent
authorities of the Member State four months after the end of
the fishing year concerned at the latest.

3.
The national authorities shall pay the financial compensa-
tion within eight months after the end of the fishing year
concerned at the latest.

Each Member State shall communicate to the other Member
States and the Commission the name and address of the body
responsible for granting the financial compensation.

Advances shall be calculated in accordance with the method
specified in Annex I.

Article 7

If a producer organisation or one of its members puts up for
sale its products in a Member State other than that in which it
is recognised, the competent authority of the first Member
issue, on application and without delay, to the
State shall
organisation in question or
its member, a certificate the
contents of which shall be in accordance with the specimen set
out in Annex II, and shall transmit at the same time, through
official channels, a copy of this to the body responsible for
granting the financial compensation in the other Member State.

Applications for the issue of the certificate shall be submitted
to the competent authority concerned immediately after the
products are put up for sale.

Article 8

1. Member States shall introduce a control system to verify
that the information given in applications for payment corre-
sponds to the quantities actually put up for sale and withdrawn
from the market by the producer organisation concerned.

2. Member States shall inform the Commission of the meas-
ures taken pursuant
to paragraph 1 as soon as they are
adopted, and in any case by 31 January 2001.

Member States shall inform the Commission of existing meas-
ures in the field covered by paragraph 1 by 31 January 2001.

Regulation (EEC) No 3902/92 is repealed.

Article 9

Article 6

Article 10

On application by the producer organisation concerned,
Member States shall grant each month an advance on the
financial compensation on condition that the applicant has
lodged a security equal to 105 % of the amount of the advance.

This Regulation shall enter into force on the seventh 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.

Done at Brussels, 15 November 2000.

For the Commission

Franz FISCHLER

Member of the Commission

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CALCULATION OF ADVANCES ON FINANCIAL COMPENSATION (1)

ANNEX I

Species:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Month: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A. Quantity of freshness categories ‘Extra’ and ‘A’ offered for sale between 1 January and last day of month:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

B.

Total cumulated withdrawals for freshness categories ‘Extra’ and ‘A’ over the same period:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kg

C. Average withdrawal percentage over the same period: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % (B/A × 100)

First band: compensation level 85 %

Financial compensation = (withdrawal price × 0,85 — standard value)

D1. Total quantities withdrawn to be included in this band (up to and including 4 % of products put up for sale)

Month

Withdrawals by category
and size
(kg)

Amount to be reimbursed
(EUR) (1)

Exchange rate on 22 of
previous month

Amount to be reimbursed in
national currency

Total

(1) Amount by month in Euro: total amount to be reimbursed corresponding to each category and size multiplied by the withdrawn quantities of these categories and sizes.

Second band: compensation level 55 % (2)

Financial compensation = (withdrawal price × 0,55 — standard value)

D2. Total quantities withdrawn to be included in this block (from 4 % to and including 8 % (3) of products put up for sale)

Month

Withdrawals by category
and size
(kg)

Amount to be reimbursed
(EUR) (1)

Exchange rate on 22 of
previous month

Amount to be reimbursed in
national currency

Total

(1) Amount by month in Euro: total amount to be reimbursed corresponding to each category and size multiplied by the withdrawn quantities of these categories and sizes.

Monthly advance

The Advance for the month in question is equal to the sum of the advances in respect of each band

Third band: no compensation

1

2

3

Total estimated advance
(band 1 + band 2)

Cumulated advance received for previous
months

Advance to be received for the month in
question (1 – 2)

(1) If necessary, the calculation to be based on provisional data (to be finalised during the two months following the month in question).
(2) In 2001, this percentage shall be 75 % and in 2002, it shall be 65 %.
(3) This percentage shall be 10 % for all the pelagic species of Annex I to Regulation (EC) No 104/2000 (albacore or longfinned tuna of the species Thunnus alalunga, herring of the

species Clupea harengus, sardines of the species Sardina pilchardus, mackerel of the species Scomber scombrus and Scomber japonicus, anchovy of the species Engraulis spp.).

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ANNEX II

MEMBER STATE:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificate issued under Article 7

1. Applicant

(a) Producer organisation (name and address):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Member acting in name of that organisation (name): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

Internal fleet register number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Quantities sold (by product and weight in kg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Was the Community withdrawal price (see Article 20(1) of Regulation (EC) No 104/2000) applied to the quantities

indicated at paragraph 2?

yes

no

Was the regional withdrawal price (see Article 20(2) of the above Regulation) applied?

yes

no

5. Of the quantities indicated at paragraph 2, the following volumes were withdrawn from the market so that financial

compensation could be granted:

(a)

product

product category

quantity by product
(kg)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the products withdrawn were, in line with Commission Regulation (EEC) No 1501/83 (1) disposed of as follows:

product

quantities
(kg)

option

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Original issued to producer organisation or to the member named at 1.

Copy to body responsible for granting compensation in Member State in which producer organisation at 1 is recognised.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(applicant's signature)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(signature/stamp of competent authority of Member State)

(1) OJ L 152, 10.6.1983, p.22.