Commission Regulation (EC) No 1163/2001 of 14 June 2001 providing for compensation to producer organisations for tuna delivered to the processing industry between 1 July and 30 September 2000
Date: 2001-06-14
Institutions: European Commission
Subjects: aid system, monetary compensatory amount, processing industry, producer organisation, sea fish

L 159/10

EN

Official Journal of the European Communities

15.6.2001

COMMISSION REGULATION (EC) No 1163/2001

of 14 June 2001

providing for compensation to producer organisations for tuna delivered to the processing
industry between 1 July and 30 September 2000

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), as amended by Commis-
sion Regulation (EC) No 939/2001 (2),
in particular Article
27(6) thereof,

Whereas:

(1)

(2)

(3)

to be granted under

Until 31 December 2000, Article 18 of Council Regula-
tion (EC) No 3759/92 of 17 December 1992 on the
common organisation of the market in fishery and aqua-
culture products (3), which was repealed by Regulation
(EC) No 104/2000, provided for a compensatory allow-
to
ance
Community tuna producer organisations for quantities
of tuna delivered to the processing industry during the
calendar quarter for which prices had been recorded,
where both the average quarterly selling price recorded
on the Community market and the free-at-frontier price
plus any applicable countervailing charge were lower
than 91 % of the Community producer price for the
product concerned.

certain conditions

An examination of the situation on the Community
market in the year 2000 has shown that between 1 July
and 30 September of that year both the average quar-
terly selling price and the free-at-frontier price as
referred to in Article 18 of Regulation (EEC) No 3759/
92 for yellowfin tuna (Thunnus albacares) weighing not
more than 10 kg each, bigeye tuna (Thunnus obesus) and
skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus)
the Community
pelamis) were lower
producer price in force, as laid down in Council Regula-
tion (EC) No 2748/1999 (4).

than 91 % of

The conditions laid down by Regulation (EEC) No 3759/
92 should be retained in order to take a decision on
granting the compensatory allowance on the products in
question for the period from 1 July to 30 September
2000.

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 132, 15.5.2001, p. 10.
(3) OJ L 388, 31.12.1992, p. 1.
(4) OJ L 331, 23.12.1999, p. 28.

Entitlement to the compensatory allowance should be
determined on the basis of sales covered by invoices
bearing a date falling within the quarter concerned and
which have been used to calculate the average monthly
selling price referred to in Article 7(1)(b) of Commission
Regulation (EEC) No 2210/93 (5), which was repealed
with effect from 1 January 2001 by Regulation (EC) No
80/2001 (6).

The level of the compensation 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 that 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 yellowfin tuna (Thunnus albacares)
weighing not more than 10 kg each, bigeye tuna
(Thunnus obesus) and skipjack or stripe-bellied bonito
Euthynnus (Katsuwonus) pelamis) sold and delivered to the
processing industry established in the customs territory
of
the Community were higher 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
27(3) of Regulation (EC) No 104/2000, the total quant-
ities of
those products on which compensation is
payable should therefore be limited.

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
producer organisation,
the quantities on which the
allowance is payable should be allocated among the
producer organisations concerned in proportion to the
quantities produced by them in the same quarter of the
1997, 1998 and 1999 fishing years.

(5)

(6)

(7)

(8)

(9)

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

(5) OJ L 197, 6.8.1993, p. 8.
(6) OJ L 13, 17.1.2001, p. 3.

15.6.2001

EN

Official Journal of the European Communities

L 159/11

HAS ADOPTED THIS REGULATION:

Article 1

The compensatory allowance to producer organisations for tuna delivered to the processing industry shall
be granted for the period from 1 July to 30 September 2000 in respect of the following products:

Product

Maximum allowance

(EUR/tonne)

Yellowfin tuna (Thunnus albacares) weighing not more than 10 kg each

Bigeye tuna (Thunnus obesus)

Skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis)

104

89

83

Article 2

1.

The total quantities on which the allowance for these species is payable shall be:

— yellowfin tuna (Thunnus albacares) weighing not more than 10 kg each

— bigeye tuna (Thunnus obesus)

— skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis)

2 876,212 tonnes,

1 619,724 tonnes,

17 051,563 tonnes.

The allocation of the total quantity among the producer organisations concerned shall be as set out in

2.
the Annex hereto.

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

Article 3

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

Done at Brussels, 14 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission

L 159/12

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Official Journal of the European Communities

15.6.2001

Allocation among producer organisations of quantities of tuna on which the compensatory allowance is payable
for the period from 1 July to 30 September 2000, broken down by compensation percentage band

ANNEX

1.

2.

3.

Yellowfin Tuna
(Thunnus albacares)
weighing not more than 10 kg each

Quantities
100 % of which is eligible for
compensation

Quantities
50 % of which is eligible for
compensation

Total quantities on which
compensation is payable

(tonnes)

OPAGAC

OPTUC

OP 42 (CAN.)

ORTHONGEL

APASA

MADEIRA

1 776,580

0

866,611

209,664

0

18,807

0

0

0

4,550

0

0

1 776,580

1 076,275

0

23,357

0

0

EU - TOTAL

2 661,998

214,214

2 876,212

Bigeye Tuna
(Thunnus obesus)

Quantities
100 % of which is eligible for
compensation

Quantities
50 % of which is eligible for
compensation

Total quantities on which
compensation is payable

OPAGAC

OPTUC

OP 42 (CAN.)

ORTHONGEL

APASA

MADEIRA

290,633

232,040

104,426

123,733

12,830

0

853,125

1 143,758

0

0

2,937

0

0

232,040

104,426

126,670

12,830

0

EU - TOTAL

763,662

856,062

1 619,724

Skipjack or Stripe-bellied Bonito
(Euthynnus (Katsuwonus)
pelamis)

Quantities
100 % of which is eligible for
compensation

Quantities
50 % of which is eligible for
compensation

Total quantities on which
compensation is payable

OPAGAC

OPTUC

OP 42 (CAN.)

ORTHONGEL

APASA

MADEIRA

3 447,826

0

3 447,826

6 687,043

4 739,391

11 426,434

60,518

361,634

269,430

0

0

60,518

1 485,721

1 874,355

0

0

269,430

0

EU - TOTAL

10 826,451

6 225,112

17 051,563