Commission Regulation (EC) No 1342/2005 of 16 August 2005 providing for compensation to producer organisations for tuna delivered to the processing industry between 1 January and 31 March 2004
Date: 2005-08-16
Institutions: European Commission
Subjects: aid system, market intervention, monetary compensatory amount, processing industry, producer organisation, sea fish

17.8.2005

EN

Official Journal of the European Union

L 212/5

COMMISSION REGULATION (EC) No 1342/2005

of 16 August 2005

providing for compensation to producer organisations for tuna delivered to the processing industry
between 1 January and 31 March 2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Council Regulation (EC) No 104/2000 may be granted
under certain conditions to Community tuna producer
tuna delivered to the
organisations for quantities of
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 were
the Community
producer price for the product concerned.

than 87 % of

lower

An examination of
the situation on the Community
market has shown that between 1 January and 31
March 2004 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,
yellowfin tuna (Thunnus albacares) weighing not more
than 10 kg each and skipjack or stripe-bellied bonito
(Euthynnus (Katsuwonus) pelamis) were lower than 87 %
of
the Community producer price in force, as laid
down in Council Regulation (EC) No 2346/2002 (2).

(4)

(5)

(6)

(7)

average monthly selling price in accordance with Article
4 of Commission Regulation (EC) No 2183/2001 laying
down detailed rules for the application of Council Regu-
regards granting the
lation (EC) No 104/2000 as
compensatory allowance for
the
processing industry (3).

tuna intended for

In accordance with Article 27(2) of Regulation (EC) No
104/2000 the level of the compensation 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 is payable may
under no circumstances,
the quarter concerned,
for
exceed the limits laid down in Article 27(3) of Regulation
(EC) No 104/2000.

or

bonito

skipjack

The quantities of yellowfin tuna (Thunnus albacares)
weighing more
than 10 kg each, yellowfin tuna
(Thunnus albacares) weighing not more than 10 kg each
(Euthynnus
and
stripe-bellied
(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 Regu-
lation (EC) No 104/2000, the total quantities of those
products on which compensation is payable should be
limited.

allowance

In accordance with the ceilings laid down in Article 27(4)
of Regulation (EC) No 104/2000 for the purpose of
to be granted to each
calculating the
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
2001, 2002 and 2003 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
concerned and which have been used to calculate the

(1) OJ L 17, 21.1.2000, p. 22. Regulation as last amended by the 2003

Act of Accession.

(2) OJ L 351, 28.12.2002, p. 3.

(8)

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

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

L 212/6

EN

Official Journal of the European Union

17.8.2005

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 January to 31 March 2004 in respect of the following products and up to the
following maximum amounts:

Product

Maximum allowance in accordance with the first and second
indents of Article 27(2) of Regulation (EC) No 104/2000

(EUR/tonne)

Yellowfin (Thunnus albacares) weighing more than 10 kg
each

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

Skipjack or stripe-bellied bonito (Euthynnus
pelamis)

(Katsuwonus)

127

92

52

Article 2

1.

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

— yellowfin tuna (Thunnus albacares) weighing more than 10 kg each: 21 089,066 tonnes

— yellowfin tuna (Thunnus albacares) weighing not more than 10 kg each: 4 531,090 tonnes

— skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis): 5 775,411 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 its publication in the Official Journal of
the European Union.

Article 3

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

Done at Brussels, 16 August 2005.

For the Commission

Joe BORG
Member of the Commission

17.8.2005

EN

Official Journal of the European Union

L 212/7

ANNEX

Allocation among producer organisations of quantities of tuna on which the compensatory allowance is payable for the
period from 1 January to 31 March 2004 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))

Opagac

OPTUC

OP 42

Orthongel

APASA

Madeira

2 065,432

10 466,023

0

6 548,707

0

0

0

1 235,708

0

773,196

0

0

(tonnes)

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

2 065,432

11 701,731

0

7 321,903

0

0

Community — Total

19 080,162

2 008,904

21 089,066

Yellowfin (Thunnus albacares)
weighing not 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))

Opagac

OPTUC

OP 42

Orthongel

APASA

Madeira

1 563,646

2 961,921

0

5,523

0

0

Community — Total

4 531,090

0

0

0

0

0

0

0

(tonnes)

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

1 563,646

2 961,921

0

5,523

0

0

4 531,090

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

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

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

(tonnes)

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

Opagac

OPTUC

OP 42

Orthongel

APASA

Madeira

3 007,476

2 762,099

0

5,836

0

0

Community — Total

5 775,411

0

0

0

0

0

0

0

3 007,476

2 762,099

0

5,836

0

0

5 775,411