Commission Regulation (EC) No 2813/2000 of 21 December 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of private storage aid for certain fishery products
Date: 2000-12-21
Institutions: European Commission
Subjects: EU aid, fishery product, private stock, producer organisation, storage

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Official Journal of the European Communities

22.12.2000

COMMISSION REGULATION (EC) No 2813/2000

of 21 December 2000

laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards
the grant of private storage aid for certain fishery products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(4)

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
25(6) thereof,

Whereas:

Regulation (EC) No 104/2000, which repealed Council
Regulation (EEC) No 3759/92 (2) with effect from 1
January 2001, provides for private storage aid to be
granted to producer organisations in respect of the prod-
ucts listed in Annex II to Regulation (EC) No 104/2000.
These rules differ from the previous scheme provided for
in Regulation (EEC) No 3759/92 and Commission Regu-
lation (EC) No 1690/94 of 12 July 1994 laying down
detailed rules for the implementation of Council Regula-
tion (EEC) No 3759/92 as regards the granting of private
storage aid for certain fishery products (3) because of the
introduction of a Community selling price. Regulation
(EC) No 1690/94 should therefore be replaced in order
to take account of these changes.

(5)

(6)

(7)

(1)

(2)

The producer organisations should contribute to the
costs related to the implementation of
the private
storage aid mechanism and therefore, the amount of aid
should be fixed on the basis of the real technical cost
and financial costs of 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 financial costs
should be a flat-rate sum adjusted on the basis of the
interest 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
and Guarantee Fund, Guarantee Section (4), as
last
amended by Regulation (EC) No 1259/96 (5).

(3)

In order to ensure product quality and to facilitate the
disposal of products on the market, the requirements to
be satisfied by operations qualifying for private storage
aid should be laid down, together with requirements

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 388, 31.12.1992, p. 1.
(3) OJ L 179, 13.7.1994, p. 4.
(4) OJ L 216, 5.8.1978, p. 1.
(5) OJ L 163, 2.7.1996, p. 10.

relating to storage and return to the market of the
products concerned.

In order to guarantee normal conditions of competition
between producer organisations making use of
the
margin of tolerance provided for in Regulation (EC) No
104/2000, it is necessary to lay down rules which relate
to its application and are consistent with other interven-
tion mechanisms. The relevant provisions of Commis-
sion 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 (6) should therefore apply.

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
the
mechanism to require
minimum storage periods.

stock records during

submitting applications

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

for

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
The level of the private storage aid shall be fixed before
the beginning of each fishing year in accordance with the
procedure referred to in Article 38(2) of Regulation (EC) No
104/2000.

The private storage aid shall be fixed per unit weight, to be
applied to the net weight of the products listed in Annex II to
Regulation (EC) No 104/2000.

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

(6) OJ L 289, 16.11.2000, p. 11.

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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) cost of transport from place of landing to place of storage.

4.
The financial costs shall be a flat-rate sum of EUR 10 per
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 private storage 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.
In order to qualify for private storage aid, the storage and
return to the market of the products concerned shall fulfil the
conditions set out in paragraphs 2 and 3.

For the minimum period of storage referred to in the first
2.
subparagraph of Article 2(2), the producer organisations shall
ensure that the 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.

Article 5

1.
Private storage aid shall be paid to the producer organ-
isation concerned only after the competent authority of the
Member State concerned has ascertained that the quantities in
respect of which the aid has been applied for do not exceed the
limit laid down in Article 25(4) of Regulation (EC) No 104/
2000, and have been stored and returned to the market in
accordance with this Regulation.

Applications for private storage aid shall be submitted by
2.
the producer organisation concerned to the competent authori-
ties of the Member State within four months from the end of
the fishing year concerned.

The products shall be stored for a minimum period of 15

2.
days from the date of entry into storage.

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

The products shall be preserved in conditions which cause no
deterioration in their quality. To this effect, products shall be
stored in suitable installations where the storage temperature
does not exceed minus 18 °C, without prejudice to more
standards
restrictive national
applicable in Member States.

requirements or commercial

The products shall be stored in homogeneous lots of at least 5
tonnes, or 1 tonne for shrimps of the Penaeidae family.

3.
The products shall be put back on the market in lots
which are homogeneous as regards species and in accordance
with the provisions in force in each Member State for the
marketing of products for human consumption.

Article 6

At the request of the producer organisation concerned, the
Member State shall grant a monthly advance on private storage
aid due in respect of the quantities for which aid is requested in
that month, on condition 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 3

Article 7

Article 2(1), (2) and (3) and Article 3 of Regulation (EC) No
2509/2000 shall apply mutatis mutandis to the private storage
aid arrangements provided for in Article 25 of Regulation (EC)
No 104/2000.

Regulation (EC) No 1690/94 is hereby repealed.

Article 8

Article 4

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

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.

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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 PRIVATE STORAGE AID (1)

Species:

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

A. Calculation of the eligible quantities within the 15 % margin

1. Quantities put up for sale between 1 January and the last day of the month in question: . . . . . . . . . . . . . . . kg

2. Cumulative total for the quantities withdrawn and intended for private storage aid during the same period:

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

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

4. Quantities eligible for private storage aid (up to 15 % of sales): . . . . . . . . . . . . . . . kg

B. Calculation of the advance for the month

Month of entry into
storage

Eligible quantities by
month

Unit amount of aid
(EUR)

Amount of aid
(EUR)

Exchange 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.
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 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).