Commission Regulation (EC) No 2183/2001 of 9 November 2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting the compensatory allowance for tuna intended for the processing industry
Date: 2001-11-09
Institutions: European Commission
Subjects: aid system, market intervention, monetary compensatory amount, processing industry, producer organisation, sea fish

10.11.2001

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Official Journal of the European Communities

L 293/11

COMMISSION REGULATION (EC) No 2183/2001

of 9 November 2001

laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards
granting the compensatory allowance for tuna intended for the processing industry

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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
27(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Article 27 of Regulation (EC) No 104/2000 provides for
an allowance to be paid to producer organisations if it is
found that the prices of given products, during a given
calendar quarter, are below a specified triggering
threshold.

For the purposes of applying the allowance system, the
average selling price referred to in Article 27(1) of Regu-
lation (EC) No 104/2000 should be defined.

For the quantities for which entitlement to the allowance
laid down
has been established,
rules
governing the submission of applications
for and
payment of the allowance, including conditions relating
to furnishing proof of the Community origin and nature
of the products.

should be

The framework and objectives of the control procedure
should be laid down, while it should be left to the
Member States' control authorities to adopt suitable
provisions for effective regular monitoring of the system
introduced.

To ensure the correct operation of the system in ques-
tion, certain rules should be laid down regarding the
notifications to be made by the Member States.

Commission Regulation (EC) No 142/98 of 21 January
for granting the
1998 laying down detailed rules
compensatory allowance for
the
processing industry (2), as amended by Regulation (EC)
No 150/2001 (3), should be repealed.

tuna intended for

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

(1) OJ L 17, 21.2.2000, p. 22.
(2) OJ L 17, 22.1.1998, p. 8.
(3) OJ L 24, 26.1.2001, p. 10.

This Regulation lays down detailed rules for granting the
compensatory allowance referred to in Article 27 of Regulation
(EC) No 104/2000.

Article 2

The grant of the allowance and its maximum amount shall be
determined by means of a Regulation adopted in accordance
with the procedure referred to in Article 38 of Regulation (EC)
No 104/2000, where it has been ascertained that the condi-
tions laid down in Article 27(1) of that Regulation are met for
the calendar quarter in question.

Article 3

1.
The allowance shall be granted to producer organisations,
subject to the limits laid down in Article 27(3) of Regulation
(EC) No 104/2000, for the products listed in Annex III to that
Regulation, caught by their members and sold and delivered to
processors established within the customs territory of
the
Community for complete and definitive processing into prod-
ucts covered by HS heading 1604.

2.
The Member States shall check the maximum totals fixed
in Article 27(3) of Regulation (EC) No 104/2000 with respect
to any changes which might have occurred in the membership
of producer organisations. They shall inform the Commission
thereof.

Article 4

The average selling price recorded on the Community market
referred to in the first indent of Article 27(1) of Regulation (EC)
No 104/2000 shall be determined by the Commission on the
basis of the monthly average prices notified by the Member
States calculated on the basis of the value of the quantities sold
and delivered to industry pursuant to Article 6 of Commission
Regulation (EC) No 80/2001 (4).

the selling prices at

Member States shall determine the monthly average prices on
first-stage sale in the
the basis of
Community during the reference month as invoiced by the
producer organisations or their members. The selling price
shall be determined:
— in the case of products sold at landing, for merchandise on

board, alongside quay,

— in the case of products sold following storage by the
producer organisation or its members, at warehouse.

(4) OJ L 13, 17.1.2001, p. 13.

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Article 5

Within the limits of the volumes fixed in Article 27(3) of
Regulation (EC) No 104/2000, the competent authorities of the
Member State concerned shall grant the allowance to producer
organisations in accordance with Article 27(4) of that Regula-
tion.

Article 6

The operations to be taken into account for determining enti-
tlement to the allowance shall be sales which have invoice
dates within the relevant quarter and which have been taken
into account for calculating the average monthly selling price
referred to in Article 2.

Article 7

1.
Applications for payment of the allowance, accompanied
by the supporting documents referred to in paragraph 2, shall
be submitted by the producer organisation concerned, for all
the operations taken into account pursuant to Article 4, to the
the Member State in which the
competent authorities of
producer organisation is established, not later than 45 days
after the entry into force of the Regulation provided for in
Article 1(1).

2.

The supporting documents shall be as follows:

(a) a copy of the invoice for the sale of the products, showing
at least the names and addresses of the buyer and seller, as
referred to in Article 1(2) and, for each consignment of a
given category of product:
— the quantity sold,
— the selling price actually received,
— the date of delivery,
— the place of delivery;

(b) proof of Community origin and hence of the Community

nature of the products;

(c) proof of delivery of the products in question to a processor
established in the customs territory of the Community;

(d) proof of payment for the goods at the price referred to in

the second indent of point (a);

(e) a declaration by the processor that the quantity purchased
is intended for processing in accordance with Article 1(2).

Article 8

1.
The proof of Community origin and nature required
under Article 7(2)(b) shall be furnished by the T2M document
in accordance with Articles 325 to 337 of Commission Regula-
tion (EEC) No 2454/93 (1).

To that end, the customs office which has validated the entry
of the products into the customs territory of the Community in
accordance with Article 334 of Regulation (EEC) No 2454/93
shall provide the applicant with a single copy of the T2M
document bearing the words ‘SOLE COPY FOR COMPENSATORY
ALLOWANCES’.

The applicant whose name appears in box 1 of the T2M
document must be the producer who caught the products for
which the allowance application is submitted.

2. Where the customs authorities at the port where the
products are landed have waived production of the T2M docu-
ment within the meaning of Article 326(2) of Regulation (EEC)
No 2454/93, proof of Community origin shall be furnished by
the declaration provided for in Article 8(1) of Council Regula-
tion (EEC) No 2847/93 (2) or by a document duly endorsed by
the competent authorities of
landing
certifying landing in the customs territory of the Community.

the Member State of

3.
The document produced as proof of origin of the prod-
ucts shall clearly indicate the species, presentation and weight
of the products. If necessary, it shall be supplemented by a
certificate of weighing on landing in the customs territory of
the Community issued by the competent authorities of the
Member State of landing.

Article 9

The allowance shall be paid to the producer organisation
1.
by the Member State concerned within 75 days of receipt of
the complete file as referred to in Article 7(1), except where an
administrative inquiry into entitlement to the allowance has
been initiated.

2.
The allowance shall be passed on by the producer organ-
isation to its members within 90 days of receipt of the amount
from the Member State.

3.
The Member States concerned shall notify the Commis-
sion each quarter, not later than one month after the end of the
quarter in question, of the payments made by producer organ-
isations and the period for which they are granted, in accord-
ance with paragraph 1, and the quantities of each relevant
species.

Article 10

1.
The Member States concerned shall set up a monitoring
system for checking that the products for which the allowance
is claimed qualify for it and that all other relevant Community
rules are observed.

Detailed rules governing the monitoring system shall

2.
provide at least for the following:

(a) provisions concerning verification of the Community origin
and Community nature of the products, particularly on the
basis of ship's documents;

(b) identification in the sales records of the producer organ-
isations, their members or their service providers of the
operations taken into account under these arrangements
and, for each quantity in question, the reference to the T2M
document or document replacing it, the date of sale and
delivery, the buyer of the product, the price at which the
said quantity was sold and the reference number of the
invoice. The sales records shall
therefore be designed
accordingly;

(1) OJ L 253, 11.10.1993, p. 1.

(2) OJ L 261, 20.10.1993, p. 1.

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(c) unannounced inspections at

the premises of producer
organisations, their members or their service providers in
order to verify on the spot that the data referred to in
Article 5(2) and (3) correspond to the actual situation;

(d) direct

inspections of

the processing establishments,

in
particular with the aim of verifying on the spot that prod-
ucts purchased under these arrangements have in fact been
sent for processing in accordance with Article 1(2).

3.
Inspections shall be the subject of a detailed report indi-
cating the extent to which the recipient of the allowance has
fulfilled the commitments, as well as on the nature and scope
of the checks carried out.

The Member States shall notify the Commission each

4.
quarter of the inspections undertaken and their outcome.

Article 11

The Member States concerned shall notify the Commission of
the monitoring measures set up pursuant to Article 7 not later
than three months after the date of entry into force of this
Regulation and of any adjustments to those measures within
three months of their introduction.

Regulation (EC) No 142/98 is hereby repealed.

Article 12

Article 13

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 2002.

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

Done at Brussels, 9 November 2001.

For the Commission

Franz FISCHLER

Member of the Commission