Commission Regulation (EC) No 1537/2007 of 20 December 2007 providing for compensation to producer organisations for tuna delivered to the processing industry between 1 January and 31 March 2007
Date: 2007-12-20
Institutions: European Commission
Subjects: aid system, food processing, market intervention, monetary compensatory amount, producer organisation, sea fish

L 337/46

EN

Official Journal of the European Union

21.12.2007

COMMISSION REGULATION (EC) No 1537/2007

of 20 December 2007

providing for compensation to producer organisations for tuna delivered to the processing industry
between 1 January and 31 March 2007

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)

(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
the Community
charge were
producer price for the product concerned.

than 87 % of

lower

the situation on the Community
An examination of
market has shown that between 1 January and 31
March 2007 both the average quarterly selling price
and the import price as referred to in Article 27 of
Regulation (EC) No 104/2000 for Albacore (Thunnus
the Community
alalunga) were lower
producer price in force, as laid down in Council Regu-
lation (EC) No 1969/2006 (2).

than 87 % of

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
Article
(EC) No
of Commission Regulation
2183/2001 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 (3).

4

(4)

In accordance with Article 27(2) of Regulation (EC) No
104/2000 the level of the compensation may not in any

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

Accession of 2007.

(2) OJ L 368, 23.12.2006, p. 1.
(3) OJ L 293, 10.11.2001, p. 11.

(5)

(6)

(7)

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.

territory of

The quantities of Albacore (Thunnus alalunga) sold and
delivered to the processing industry established in the
the Community were higher
customs
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
in Article 27(3) of Regulation (EC) No
limit
those products on
the total quantities of
104/2000,
which compensation is payable should be limited.

set

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
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
2004, 2005 and 2006 fishing years.

(8)

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

The compensatory allowance provided for in Article 27 of
Regulation (EC) No 104/2000 shall be granted for the period
1 January to 31 March 2007 in respect of Albacore (Thunnus
alalunga).

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 5 per tonne.

21.12.2007

EN

Official Journal of the European Union

L 337/47

The total quantities on which the compensatory allowance is payable shall be 34,320 tonnes of

1.
Albacore (Thunnus alalunga).

Article 2

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, 20 December 2007.

For the Commission

Joe BORG
Member of the Commission

L 337/48

EN

Official Journal of the European Union

21.12.2007

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 2007 in accordance with Article 27(4) of Regulation (EC) No 104/2000, broken
down by compensation percentage band

Albacore (Thunnus alalunga)

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))

(in tonnes)

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

OPAGAC

OPTUC

OP 42

11,940

0

0

0

0

0

11,940

0

0

ORTHONGEL

0,271

22,109

22,380

APASA

MADEIRA

0

0

0

0

0

0

Community – Total

12,211

22,109

34,320