Commission Regulation (EC) No 1343/2005 of 16 August 2005 providing for compensation to producer organisations for tuna delivered to the processing industry between 1 April and 30 June 2004
Date: 2005-08-16
Institutions: European Commission
Subjects: aid system, market intervention, monetary compensatory amount, processing industry, producer organisation, sea fish

L 212/8

EN

Official Journal of the European Union

17.8.2005

COMMISSION REGULATION (EC) No 1343/2005

of 16 August 2005

providing for compensation to producer organisations for tuna delivered to the processing industry
between 1 April and 30 June 2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

(3)

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 April and 30 June
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 were lower than 87 % of
the Community producer price in force, as laid down in
Council Regulation (EC) No 2346/2002 (2).

Entitlement to the compensatory allowance should be
determined on the basis of sales which are covered by
invoices bearing a date
falling within the quarter
concerned and which have been used to calculate the
in accordance with
average monthly selling price
(EC) No
of Commission Regulation
Article
2183/2001 laying down detailed rules for the application

4

(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.

(4)

(5)

(6)

(7)

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.

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
2001, 2002 and 2003 fishing years.

(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.

17.8.2005

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Official Journal of the European Union

L 212/9

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

The compensatory allowance provided for in Article 27 of
Regulation (EC) No 104/2000 shall be granted for the period
from 1 April to 30 June 2004 in respect of yellowfin tuna
(Thunnus albacares) weighing more than 10 kg each.

1.
The total quantities on which the compensatory allowance
is payable shall be 26 353,548 tonnes of yellowfin tuna
(Thunnus albacares) weighing more than 10 kg each.

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

Article 3

The maximum allowance in accordance with the first and
second indents of Article 27(2) of Regulation (EC) No
104/2000 shall be fixed at EUR 24 per tonne.

This Regulation shall enter into force on the seventh day
following 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, 16 August 2005.

For the Commission

Joe BORG
Member of the Commission

L 212/10

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Official Journal of the European Union

17.8.2005

ANNEX

Allocation among producer organisations of quantities of tuna on which the compensatory allowance is payable for the
period from 1 April to 30 June 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

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

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

Opagac

OPTUC

OP 42 (CAN)

Orthongel

APASA

Madeira

5 757,564

8 122,423

0

9 004,949

0

0

0

2 510,256

0

958,356

0

0

(in tonnes)

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

5 757,564

10 632,679

0

9 963,305

0

0

Community — Total

22 884,936

3 468,612

26 353,548