Commission Regulation (EC) No 150/2001 of 25 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the penalties to be applied to producer organisations in the fisheries sector for irregularity of the intervention mechanism and amending Regulation (EC) No 142/98
Date: 2001-01-25
Institutions: European Commission
Subjects: administrative sanction, aquaculture, fishing industry, fraud, market intervention, producer organisation

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Official Journal of the European Communities

26.1.2001

COMMISSION REGULATION (EC) No 150/2001

of 25 January 2001

laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards
the penalties to be applied to producer organisations in the fisheries sector for irregularity of the
intervention mechanism and amending Regulation (EC) No 142/98

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

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

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 Articles
21(8), 23(5), 24(8), 25(6), and 27(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Regulation (EC) No 104/2000, which repealed Council
Regulation (EEC) No 3759/92 (2) with effect from 1
January 2001, provides for a number of intervention
mechanisms available to producer organisations. Penal-
ties for irregularities to these intervention mechanisms
need to be established by the Community in order to
deter fraud and to ensure the fair treatment of producer
organisations between Member States.

Council Regulation (EC, Euratom) No 2988/95 (3)
provides for a framework for homogenous checks and
administrative measures and penalties concerning irregu-
larities with regard to Community law.

The types of
should be defined.

irregularity targeted by this Regulation

The penalties applied should be proportionate to the
irregularity and should be based on objective and verifi-
able criteria.
the degree of
In order to ensure that
responsibility is taken into account, intentional irregular-
ities or those caused by serious negligence should incur
more severe penalties. For irregularities of limited finan-
cial consequence, producer organisations should not be
penalised by complete withdrawal of entitlement to aid
but merely by a proportionate reduction.

The Commission should be informed of the irregularities
of the intervention mechanisms in order to ensure that
the correct amounts are reimbursed to the Community
budget.

Since the penalties provided for in Commission Regula-
tion (EC) No 142/98 of 21 January 1998 laying down
detailed rules for granting the compensatory allowance
for tuna intended for the processing industry (4) have
been incorporated into this Regulation, it is appropriate
to amend Regulation (EC) No 142/98 accordingly.

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 388, 31.12.1992, p. 1.
(3) OJ L 312, 23.12.1995, p. 1.
(4) OJ L 17, 22.1.1998, p. 8.

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation establishes the penalties for irregularities to
Articles 21, 23, 24, 25 and 27 of Regulation (EC) No 104/
financial
2000 setting out
independent
compensation for withdrawals, carry-over aid,
withdrawals and carry-over, private storage aid and the tuna
compensatory allowance (hereinafter referred to as ‘the inter-
vention mechanisms’).

the intervention mechanisms of

Article 2

For the purposes of this Regulation, the following definitions
shall apply:

(a) the ‘economic operator’ mentioned in Article 1(2) of Regu-
lation (EC, Euratom) No 2988/95 means a producer organ-
isation or one of its members;

(b) ‘intervention price’ means one of

the following prices

according to the intervention mechanism used:

(i) the withdrawal price fixed in accordance with Article

20 of Regulation (EC) No 104/2000;

(ii) the Community selling price fixed in accordance with
Articles 22 and 25 of Regulation (EC) No 104/2000;
(iii) the autonomous withdrawal price fixed in accordance
with Article 24 of Regulation (EC) No 104/2000;
(iv) the triggering threshold set out in Article 27 of Regula-

tion (EC) No 104/2000.

Article 3

1. Where an irregularity involves amounts of less than 5 %
of the annual aid received by the organisation for that mecha-
nism, the Member State shall retain an amount up to 20 % of
the intervention price applicable to the quantities of product
concerned depending on the seriousness in financial terms of
the infringement.

2. Where an irregularity involves amounts of between 5 %
and 10 % of the annual aid received by the organisation for
that mechanism, the Member State shall retain an amount
between 30 % and 50 % of the intervention price applicable to
the quantities of product concerned depending on the serious-
ness in financial terms of the infringement.

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3. Where an irregularity involves amounts more than 10 %
of the annual aid received by the organisation for that mecha-
nism, the Member State shall retain an amount between 60 %
and 80 % of the intervention price applicable to the quantities
of product concerned depending on the seriousness in financial
terms of the infringement.

4.
In case of an intentional irregularity or those caused by
serious negligence as established by the Member State, the
Member State shall retain all the aid for which the producer
organisation is eligible under that mechanism for the fishing
year concerned. In the case where an intentional irregularity is
established, the Member State shall not grant the aid under that
mechanism for the following year.

The amounts retained and other sanctions provided for in

5.
this Article shall not be regarded as criminal penalties.

security left by the producer organisation or deducted from the
aid to be received for the next fishing year.

2.
The amounts retained by or refunded to the Member
State shall be credited to the European Agricultural Guidance
and Guarantee Fund.

3. Member States shall inform the Commission each month
of
the cases where they have applied the provisions of
Article 3.

Article 5

Article 9 of Regulation (EC) No 142/98 is deleted.

Article 6

Article 4

The amount to be retained in accordance with Article 3
1.
shall be either refunded to the Member State, taken from the

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

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

Done at Brussels, 25 January 2001.

For the Commission

Franz FISCHLER

Member of the Commission