Commission Regulation (EC) No 2493/2001 of 19 December 2001 on the disposal of certain fishery products which have been withdrawn from the market
Date: 2001-12-19
Institutions: European Commission
Subjects: animal nutrition, common organisation of markets, fishery product, marketing, selling price, withdrawal from the market

L 337/20

EN

Official Journal of the European Communities

20.12.2001

COMMISSION REGULATION (EC) No 2493/2001

of 19 December 2001

on the disposal of certain fishery products which have been withdrawn from the market

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
17(5) and Article 21(8) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Under Regulation (EC) No 104/2000, fishery products
withdrawn from the market by producer organisations
are to be disposed of in such a way as not to interfere
with normal marketing of other products. Financial
compensation may be granted provided this requirement
as to the disposal of products is met.

Market stabilisation measures can be fully effective only
if the withdrawn products are not reintroduced into the
usual distribution network for those products. Any use
which could, by substitution, influence the consumption
of products which have not been the subject of market
stabilisation measures must therefore be ruled out.

It
is therefore necessary to provide for options for
disposing of products withdrawn from the market which
that requirement and to specify the terms on
meet
which those options may be used.

Commission Regulation (EEC) No 1501/83 of 9 June
1983 on the disposal of certain fishery products which
have been the subject of measures to stabilise the
market (2) should therefore be repealed and replaced.

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

Fishery products withdrawn from the market by producer
1.
organisations in accordance with Article 17 of Regulation (EC)
No 104/2000 and not intended to be eligible for the carry-over

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 152, 10.6.1983, p. 22.

aid referred to in Article 23 of
disposed of in one of the following ways:

that Regulation shall be

(a) under the responsibility of the Member States, distributed
free of charge in the natural state for their own consump-
tion to philanthropic or charitable institutions established
in the Community or to persons who are recognised by the
national legislation of the Member State concerned as being
entitled to public assistance;

(b) used in the fresh or preserved state for animal feed;

(c) used, after processing into meal, for animal feed;

(d) used as bait;

(e) used for non-food purposes.

2.
Disposal options other than those provided for in para-
graph 1 may be authorised by the Commission on an ad hoc
basis at the request of a Member State.

Article 2

1.
Disposal of the products for the purposes indicated in
Article 1(1)(b), (c), (d) or (e) shall be subject to the condition
that the products are:

(a) rendered unfit for human consumption immediately after

their withdrawal from the market;

(b) offered for sale open to any interested operators in accord-
ance with customary regional and local practice. Purchasers
must specify the use to which they undertake to put the
products so purchased.

receipt

An invoice or

2.
shall be issued immediately
following the sale referred to in paragraph 1, indicating the
identity of the vendor and purchaser, the use to which the
products are to be put, the selling price and the quantities
concerned. A copy of that invoice or receipt shall be sent by
the producer organisation to the competent authorities of the
Member State at least every three months.

3. Where producer organisations have satisfied the Member
State concerned that the products have not found a purchaser
since the offer for sale as provided for in paragraph 1, the
products shall be rendered unusable by the producer organ-
isations under the control of the Member State. The quantities
in question shall be notified by the producer organisations to
the competent authorities of the Member State at the intervals
set out in the second sentence of paragraph 2.

20.12.2001

EN

Official Journal of the European Communities

L 337/21

Article 3

Member States shall take all appropriate measures to prevent and prosecute fraudulent infringements of the
system laid down by this Regulation. They shall ensure that the products disposed of are not diverted from
the use specified. Each Member State shall notify the Commission no later than one month from the entry
into force of this Regulation of the measures taken for its implementation.

Regulation (EEC) No 1501/83 is hereby repealed.

Article 4

This Regulation shall enter into force on 1 January 2002.

Article 5

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

Done at Brussels, 19 December 2001.

For the Commission

Franz FISCHLER

Member of the Commission