Commission Regulation (EC) No 110/2005 of 24 January 2005 providing for compensation to producer organisations for tuna delivered to the processing industry between 1 October and 31 December 2003
Date: 2005-01-24
Institutions: European Commission
Subjects: EU aid, common price policy, food processing, import price, indemnification, producer organisation, sea fish, selling price

25.1.2005

EN

Official Journal of the European Union

L 21/5

COMMISSION REGULATION (EC) No 110/2005

of 24 January 2005

providing for compensation to producer organisations for tuna delivered to the processing industry
between 1 October and 31 December 2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

concerned and which have been used to calculate the
average monthly selling price referred to in Article 4 of
Commission Regulation (EC) No 2183/2001 (3).

Having regard to the Treaty
Community,

establishing the European

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)

The compensatory allowance provided for in Article 27
of Regulation (EC) No 104/2000 is to be granted under
certain conditions to Community tuna producer organi-
sations for quantities of tuna delivered to the processing
industry during the calendar quarter for which prices
were recorded, where both the average quarterly selling
price recorded on the Community market and the import
price plus any countervailing charge applied were lower
than 87 % of the Community producer price for the
product concerned.

the situation on the Community
An examination of
market has shown that between 1 October and 31
December 2003 both the average quarterly selling price
and the import price as referred to in Article 27 of
Regulation (EC) No 104/2000 for yellowfin tuna
(Thunnus albacares) weighing more than 10 kg each
were lower
the Community producer
price in force, as laid down in Council Regulation (EC)
No 2346/2002 (2).

than 87 % of

(4)

(5)

(6)

(7)

The level of the compensation provided for in Article
27(2) of Regulation (EC) No 104/2000 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 27(1) of Regulation (EC) No 104/2000 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 more than 10 kg each sold and delivered to
the processing industry established in the customs
the Community were higher during the
territory of
quarter
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
those products on which compen-
total quantities of
sation is payable should be limited.

concerned

quantities

than

sold

the

allowance

In accordance with the ceilings laid down in Article 27(4)
of Regulation (EC) No 104/2000 for the purpose of
calculating the
to be granted to each
the quantities on which the
producer organisation,
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
2000, 2001 and 2002 fishing years.

(3)

Entitlement to the compensatory allowance should be
determined on the basis of sales which are covered by
falling within the quarter
invoices bearing a date

(8)

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

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 351, 28.12.2002, p. 3.

(3) OJ L 293, 10.11.2001, p. 11.

L 21/6

EN

Official Journal of the European Union

25.1.2005

HAS ADOPTED THIS REGULATION:

Article 1

The compensatory allowance provided for in Article 27 of
Regulation (EC) No 104/2000 shall be granted for the period
from 1 October to 31 December 2003 in respect of
the
following products:

Product

Yellowfin tuna (Thunnus albacares)
weighing more than 10 kg each

Maximum allowance
(EUR/tonne)

24

Article 2

The total quantities on which the allowance for this

1.
species is payable shall be:
— yellowfin tuna (Thunnus albacares) weighing more than 10 kg

each: 11 433,536 tonnes.

2.
The allocation of the total quantity among the producer
organisations concerned shall be as set out in the Annex hereto.

Article 3

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

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

Done at Brussels, 24 January 2005.

For the Commission

Joe BORG
Member of the Commission

25.1.2005

EN

Official Journal of the European Union

L 21/7

ANNEX

Allocation among producer organisations of quantities of tuna on which the compensatory allowance is payable
for the period from 1 October to 31 December 2003 in accordance with Article 27(4) of Regulation (EC)
No 104/2000, broken down by compensation percentage band

Yellowfin (Thunnus albacares)
weighing more than 10 kg
each

Quantity
100 % of which is eligible
for compensation
(first indent of Article 27(4))

Quantity
50 % of which is eligible for
compensation
(second indent of Article
27(4))

Total quantity on which
compensation is payable
(first and second indents of
Article 27(4))

(tonnes)

OPAGAC

OPTUC

OP 42 (CAN.)

ORTHONGEL

APASA

Madeira

1 880,530

3 837,843

0

4 720,123

0

0

0

445,778

0

549,262

0

0

1 880,530

4 283,621

0

5 269,385

0

0

EU — Total

10 438,496

995,040

11 433,536