Commission Regulation (EC) No 2814/2000 of 21 December 2000 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of carry-over aid for certain fishery products
Date: 2000-12-21
Institutions: European Commission
Subjects: EU aid, fishery product, market stabilisation, producer organisation, withdrawal from the market, withdrawal price

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Official Journal of the European Communities

22.12.2000

COMMISSION REGULATION (EC) No 2814/2000

of 21 December 2000

laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as
regards the grant of carry-over aid for 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 markets
in fishery and aquaculture products (1), and in particular Article
23(5) thereof,

Whereas:

(1)

(2)

(3)

for

the

certain conditions

Regulation (EC) No 104/2000, which repealed Council
Regulation (EEC) No 3759/92 (2) with effect from 1
January 2001, provides for the granting of carry-over aid
under
stabilisation or
processing and storage of the products set out in Annex
I to Regulation (EC) No 104/2000 which have been
withdrawn from the market. The role of the carry-over
aid mechanism in the common market organisation as
provided for in Regulation (EEC) No 3759/92 and in
Commission Regulation (EEC) No 3901/92 of 23
December 1992 introducing detailed rules for granting
carry-over aid on certain fishery products (3), as last
amended by Regulation (EC) No 1337/95 (4) has been
re-evaluated. This resulted in an increase in the quant-
ities eligible for this aid. It is therefore appropriate to
simplify the procedures required under the carry-over
aid mechanism and to replace Regulation (EEC) No
3901/92 by the present Regulation.

Article 6(1) of Council Regulation (EC) No 2406/96 of
26 November 1996 laying down common marketing
standards for certain fishery products (5), as amended by
Regulation (EC) No 2578/2000 (6), provides that certain
products that are classified as category B are ineligible
for the financial assistance granted in respect of the
intervention mechanisms of the common market organ-
isation. Given that only Extra, ‘E’ and ‘A’ quality prod-
ucts are eligible for carry-over aid set out in Article 23
of Regulation (EC) No 104/2000, the calculation of the
quantities eligible for this aid should be based on these
categories of products only.

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

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 388, 31.12.1992, p. 1.
(3) OJ L 392, 31.12.1992, p. 29.
(4) OJ L 129, 14.6.1995, p. 5.
(5) OJ L 334, 23.12.1996, p. 1.
(6) OJ L 298, 25.11.2000, p. 1.

(5)

(6)

(7)

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
contributes to stabilisation of the market. The granting
of compensation for carry-over aid 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.

for

carry-over

The mechanisms
aid and financial
compensation for withdrawals are parallel and comple-
mentary as regards their operation and share the same
objective of stabilising the market in the products in
question. The conditions relating to the quantities which
may qualify for carry-over aid as well as to the use of a
tolerance margin and to the certifying document to be
used when the products are withdrawn in another
Member State should be the same as those laid down in
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 withdrawal
of certain fishery products (7).

To ensure product quality and to facilitate the disposal
of products on the market, the minimum requirements
to be satisfied by operations qualifying for aid should be
laid down, together with the requirements relating to
the product
storage and return to the market of
concerned.

The producer organisations should contribute to the
costs related to the implementation of the carry-over aid
mechanisms and therefore, the amount of aid should be
fixed on the basis of the real technical costs and finan-
cial costs of stabilisation and storage operations. The
technical costs should be defined on the basis of the
immediate costs incurred under the mechanism. In order
to avoid burdensome information requirements from the
industry and complicated annual calculations the finan-
cial costs should be a flat-rate sum adjusted on the basis
of
rate determined in accordance with
Article 5 of Council Regulation (EEC) No 1883/78 of 2
August 1978 laying down general rules for the financing
of interventions by the European Agricultural Guidance
last
and Guarantee Fund, Guarantee Section (8), as
amended by Regulation (EC) No 1259/96 (9).

the interest

(7) OJ L 289, 16.11.2000, p. 11.
(8) OJ L 216, 5.8.1978, p. 1.
(9) OJ L 163, 2.7.1996, p. 10.

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(8)

(9)

The beneficiaries of aid should be obliged to keep stock
records to increase the efficiency of checks and must
communicate this information to the Member State. It is
sufficient for the purposes of good management of the
mechanism to require
the
minimum storage periods.

stock records during

submitting applications

The procedure for
the
payment of carry-over aid should be laid down as well
as the procedure for the granting of advance payments
and the amount of the relevant security.

for

(10)

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 carry-over aid under
Article 23(3) of Regulation (EC) No 104/2000 shall be calcu-
lated on the basis of quantities that are classified under the
marketing standards set out in Article 2 of that Regulation as
being of Extra,

‘E’ and ‘A’ quality only.

Article 2

Carry-over aid shall only be paid to producer organ-
1.
isations as referred to in Article 5(1) of Regulation (EC) No
104/2000.

2.
Payment of the carry-over aid for eligible quantities of
products shall be subject to the condition that, for the product
or group of products concerned, all the quantities put up for
sale by the producers organisation or its members during the
fishing year have been classified previously in accordance with
the marketing standards referred to in Article 2 of Regulation
(EC) No 104/2000.

3.
The requirements referred to in Article 23(2)(b) of Regu-
lation (EC) No 104/2000 shall be fulfilled when the products
are classified under the marketing standards set out in Article 2
of that Regulation.

Article 3

1.
In order to qualify for carry-over aid, products must
undergo processing by one or more of the methods listed in
Article 23(4) of Regulation (EC) No 104/2000 within 48 hours
of their withdrawal from the market. This processing may be
carried out by the producers organisation concerned or by an
enterprise to which the producers organisation sends the prod-
ucts.

Before processing, products must be stored in such a way as to
guarantee the upholding of their initial freshness category.

2. Without prejudice to more restrictive national require-
ments or commercial standards practised in the Member States,
the following
the various processing methods must meet

minimum conditions:

(a) freezing must be carried out in appropriate installations
which guarantee inter alia that a temperature of minus
18 °C is rapidly reached at the centre of the product;

(b) salting must take the form of treatment which guarantees
that the salt content of the finished product is not less than
16 %;

(c) drying must be carried out in such a way that the water
content of the processed product does not exceed 50 %;

(d) marinating must take the form of treating the product with
vinegar or food acid, salt and aromatic spices without
heating the product so that the pH of the product is less
than 4,8;

(e) pasteurisation must be carried out in such a way that the
core temperature of the product is maintained at at least
75 °C for at least 15 minutes.

3.
The storage of live edible crabs in fixed tanks or cages
supplied with sea or salt water and approved for the purpose
by Member States shall qualify as preservation for payment of
the carry-over aid.

Article 4

1.
Products shall only qualify for the carry-over aid if,
having been irreversibly processed, they meet the minimum
conditions for storage and return to the market set out in
paragraphs 2 and 3.

2.
In the case of frozen products the period of storage must
not be less than five days as from the date on which processing
is completed and the storage temperature must not be higher
than minus 18 °C.

In the case of salted, marinated, boiled or pasteurised products,
the period of storage must not be less than five days as from
the date on which processing is completed.

In the case of dried products, the period of storage must not be
less than five days from the date on which processing is
completed, with a storage temperature not exceeding 4 °C and
under appropriate conditions of humidity.

In the case of all products stored in tanks or cages, the period
of storage must not be less than five days.

3.
All products shall be placed back on the market in homo-
geneous lots by species, and in accordance with the provisions
in force in each Member State for the marketing of products
for human consumption.

Products stored live in tanks or cages shall be placed back on
the market for sale in such a way as not to interfere with
normal marketing of the products concerned.

Once returned for sale, products may not be stored a

4.
further time in order to qualify for the aid.

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Article 5

Article 7

1.
The level of the carry-over aid shall be fixed before the
beginning of each fishing year in accordance with the proce-
dure referred to in Article 38(2) of Regulation (EC) No 104/
2000.

The carry-over aid shall be fixed per unit weight, to be applied
to the net weight of the products listed in Annex I to Regula-
tion (EC) No 104/2000.

2.
The amount of the aid shall be calculated on the basis of
the real technical costs and financial costs of operations indis-
pensable for stabilising and storing the products in question as
recorded in the Community during the previous fishing year.

3.

The following shall be considered as technical costs:

(a) energy costs;

(b) labour costs relating to storage and release from storage;

(c) cost of materials for direct packaging;

(d) processing costs (ingredients);

(e) cost of

transport

from place of

landing to place of

processing.

The financial costs shall be a flat-rate sum of EUR 10 per
4.
tonne for the year 2001. Thereafter the flat-rate shall be
adjusted year on year using the interest rate which is set
annually in accordance with Article 5 of Regulation (EEC) No
1883/78.

5.
The level of carry-over aid fixed for the fishing year
concerned shall apply to products entering storage during that
year,

irrespective of the end of the storage period.

Article 2(1),

6.
(2) and (3), Article 3, Article 4(1)(c) and
Article 7 of Commission Regulation (EC) No 2509/2000 shall
apply mutatis mutandis
to the carry-over aid arrangements
provided for in Article 23(1) of Regulation (EC) No 104/2000.

1.
Carry-over aid shall be paid to the producer organisation
concerned only once the competent authorities in the Member
State have satisfied themselves that the quantities in respect of
which aid is applied for do not exceed the limit laid down in
Article 23(3) of Regulation (EC) No 104/2000 and have been
either processed and stored or preserved, and subsequently
placed back on the market, in accordance with this Regulation.

2.
Applications for carry-over aid shall be submitted by the
producer organisations concerned to the competent authorities
of the Member State within four months from the end of the
fishing year concerned. The particulars to be given in applica-
tions shall be determined by the Member States.

3.
The national authorities shall pay carry-over aid within
three months of receipt of the complete request for payment
from the producer organisation concerned.

Article 8

At the request of the producer organisation concerned, the
Member State shall grant a monthly advance on carry-over aid
due in respect of the quantities for which aid is requested in
that month, provided that
the producer organisation has
lodged a security equal to 105 % of the amount of the advance.

Advances shall be calculated in accordance with the method set
out in the Annex.

Article 9

1.
Each Member State shall notify the other Member States
and the Commission of the name and address of the body
designated to pay the carry-over aid.

2.
Each Member State shall notify the Commission by 31
January 2001 at the latest of the measures taken to implement
Articles 6(1) and 7(2) and whenever these measures change.

Article 6

Article 10

1. Member States shall establish a monitoring system to
ensure that the products in respect of which carry-over aid has
been applied for are eligible.

2.
For the minimum period of storage referred to in Article
4(2), producer organisations shall ensure that beneficiaries of
the aid keep a stock record for each category of products
entered into storage.

3.
The producer organisation shall communicate the date,
species, category and quantity of products entered into storage
to the Member State concerned each month.

Regulation (EEC) No 3901/92 is hereby repealed.

Article 11

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

It shall be applicable from 1 January 2001.

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

Done at Brussels, 21 December 2000.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

CALCULATION OF THE ADVANCE ON CARRY-OVER AID (1)

Species:

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

A. Calculation of the eligible quantities within the 18 % margin

1. Quantities of freshness category Extra, ‘E’ and ‘A’ put up for sale between 1 January and the last day of the month in

question: . . . . . . . . . . . . . . . kg

2. Cumulative total for the quantities withdrawn of freshness category Extra, ‘E’ and ‘A’ and intended for carry-over aid

during the same period: . . . . . . . . . . . . . . . kg

3. Average percentage: . . . . . . . . . . . . . . . (2 : 1 × 100)

4. Quantities eligible for carry-over aid (up 18 % of sales (2)): . . . . . . . . . . . . . . . kg

B. Calculation of the advance for the month

Month of
withdrawal of
stocked products

Eligible quantities
carried over by
month

Unit amount of aid
(EUR)

Amount of aid
(EUR)

Conversion rate of
the 22nd day of the
previous month

Amount of aid in
national currency

1

2

3

4

5

Total

Explanatory notes:
B1 = Quantities withdrawn and intended for stocking between the first and last day of the month. This column must correspond to the

eligible quantities in point A4.

B2 = Unit amount of aid fixed annually according to the type of processing.
B3 = (B1 × B2).
B4 = Equivalent in national currency of column B3 at the exchange rate of the 22nd day of the month before the operation of withdrawing

the stocked products took place.

Monthly advance (in euro or in national currency)

1. Total of aid

2. Cumulative total of advances received
for previous months

3. Advance to be paid for the month in
question
(1 – 2)

(1) Calculation based on provisional data where appropriate (to be finalised in the two months following the month in question).
(2) Deduction made of quantities that have been the subject of an advance on financial compensation for withdrawals.