Proposal for a Council Regulation fixing for the 2009 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000
Date: 2008-11-24
Institutions: European Commission
Subjects: common price policy, fishery product, fixing of prices, guide price, producer price

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.11.2008 
COM(2008) 784 final 

Proposal for a 

COUNCIL REGULATION 

fixing for the 2009 fishing year the guide prices and Community producer prices for 
certain fishery products pursuant to Regulation (EC) No 104/2000 

(presented by the Commission) 

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Proposal for a 

COUNCIL REGULATION 

fixing for the 2009 fishing year the guide prices and Community producer prices for 
certain fishery products pursuant to Regulation (EC) No 104/2000 

THE COUNCIL OF THE EUROPEAN UNION, 

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 products1, and in particular Article 18(3) 
and Article 26(1) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article 18(1) and Article 26(1) of Regulation (EC) No 104/2000 provide that a guide 
price and a Community producer price should be fixed for each fishing year in order to 
determine price levels for intervention on the market for certain fisheries products. 

Article 18(1) of Regulation (EC) No 104/2000 requires the guide price to be fixed for 
each  of  the  products  and  groups  of  products  listed  in  Annexes  I  and  II  to  that 
Regulation. 

On the basis of the data currently available on the prices for the products concerned 
and the criteria referred to in Article 18(2) of Regulation (EC) No 104/2000, the guide 
prices should be increased, maintained or reduced for the 2009 fishing year depending 
on the species. 

Article 26(1) of Regulation (EC) No 104/2000 requires the Community producer price 
to be fixed for the products listed in Annex III to that Regulation. It is appropriate to 
establish  the  Community  producer  price  for  one  of  those  products  and  calculate  the 
Community  producer  price  for  the  others  by  means  of  the  conversion  factors 
established by Commission Regulation (EC) No 802/2006 of 30 May 2006 fixing the 
conversion factors applicable to fish of the genera Thunnus and Euthynnus2. 

(5) 

On  the  basis  of  the  criteria  laid  down  in  the  first  and  second  indent  of  Article  18(2) 
and in Article 26(1) of Regulation (EC) No 104/2000, the Community producer price 
for the 2009 fishing year should be adjusted, 

1 
2 

OJ L 17, 21.1.2000, p. 22. 
OJ L 144, 31.5.2006, p. 15. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

For the fishing year from 1 January to 31 December 2009, the guide prices as provided for in 
Article 18(1) of Regulation (EC) No 104/2000 shall be as set out in Annex I to this Regulation. 

Article 2 

For the fishing year from 1 January to 31 December 2009, the Community producer prices as 
provided for in Article 26(1) of Regulation (EC) No 104/2000 shall be as set out in Annex II to 
this Regulation. 

This Regulation shall enter into force on 1 January 2009. 

Article 3 

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

Done at Brussels, 

For the Council 
The President 

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ANNEX I 

Commercial presentation 

Guide price 
(EUR/tonne) 

Annexes 

Species 
Products listed in Annexes I and II to Regulation (EC) 
No 104/2000 

I 

1. Herring of the species Clupea harengus 
2. Sardines of the species Sardina pilchardus 
3. Dogfish (Squalus acanthias) 

4. Spotted dogfish (Scyliorhinus spp.) 

5. Redfish (Sebastes spp.) 
6. Cod of the species Gadus morhua 
7. Saithe (Pollachius virens) 
8. Haddock (Melanogrammus aeglefinus) 
9. Whiting (Merlangius merlangus) 
10. Ling (Molva spp.) 
11. Mackerel of the species Scomber scombrus 
12. Mackerel of the species Scomber japonicus 
13. Anchovy (Engraulis spp.) 
14. Plaice (Pleuronectes platessa) 

15. Hake of the species Merluccius merluccius 
16. Megrim (Lepidorhombus spp.) 
17. Dab (Limanda limanda) 
18. Common flounder (Platichthys flesus) 
19. Albacore or longfinned tunas (Thunnus alalunga) 

Whole fish 
Whole fish 
Whole fish or 
Gutted fish with head 
Whole fish or 
Gutted fish with head 
Whole fish 
Whole fish or gutted fish with head 
Whole fish or gutted fish with head 
Whole fish or gutted fish with head 
Whole fish or gutted fish with head 
Whole fish or gutted fish with head 
Whole fish 
Whole fish 
Whole fish 
Whole fish or gutted fish with head 
from 1.1.2009 to 30.4.2009 
Whole fish or gutted fish with head 
from 1.5.2009 to 31.12.2009 
Whole fish or gutted fish with head 
Whole fish or gutted fish with head 
Whole fish or gutted fish with head 
Whole fish or gutted fish with head 
Whole fish 
Gutted fish with head 

20. Cuttlefish (Sepia officinalis and Rossia macrosoma)  Whole 
21. Monkfish (Lophius spp.) 

22. Shrimp of the species Crangon crangon 
23. Northern prawn (Pandalus borealis) 

24. Edible crab (Cancer pagurus) 
25. Norway lobster (Nephrops norvegicus) 

II 

26. Sole (Solea spp.) 
1. Greenland halibut (Reinhardtius hippoglossoides) 

2. Hake of the genus Merluccius spp. 

3. Sea bream (Dentex dentex and Pagellus spp.) 

4. Swordfish (Xiphias gladius) 

5. Cuttlefish (Sepia officinalis) (Rossia macrosoma) 
(Sepiola rondeletti) 
6. Octopus (Octopus spp.) 

7. Squid (Loligo spp.) 

8. Squid (Ommastrephes sagittatus) 

9. Illex argentinus 

10. Prawn of the family Penaeidae 
- Prawn of the species Parapenaeus longirostris 

- Other species of the family Penaeidae 

Whole fish or gutted fish with head 
Without head 
Simply boiled in water 
Simply boiled in water 
Fresh or chilled 
Whole 
Whole 
Tails 
Whole fish or gutted fish with head 
Frozen, in original packages containing the 
same products 
Frozen, whole, in original packages containing 
the same products 
Frozen, filleted, in original packages 
containing the same products 
Frozen, in lots or in original packages 
containing the same products 
Frozen, whole, in original packages containing 
the same products 
Frozen,  in  original  packages  containing  the 
same products 
Frozen,  in  original  packages  containing  the 
same products 
Frozen,  in  original  packages  containing  the 
same products 
Frozen,  in  original  packages  containing  the 
same products 
Frozen,  in  original  packages  containing  the 
same products 

Frozen, in original packages containing the 
same products 
Frozen,  in  original  packages  containing  the 
same products 

281 
574 
1112 

725 

1200 
1647 
776 
1038 
955 
1214 
319 
290 
1300 
1074 

1492 

3620 
2528 
854 
522 
2197 
2415 
1729 
2968 
6107 
2498 
6539 
1622 
1783 
5470 
4364 
6845 
1955 

1196 

1483 

1546 

3977 

1954 

2183 

1203 

961 

869 

4032 

7897 

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ANNEX II 

Weight 

Commercial 
specifications 

Community 
producer price 
(EUR/tonne) 

Species 
Products listed in 
Annex III to 
Regulation (EC) No 
104/2000 

Yellowfin tuna 
(Thunnus albacares) 

weighing more than 
10 kg each 

Whole 

1275 

weighing not more 
than 10 kg each 

Albacore (Thunnus 
alalunga) 

weighing more than 
10 kg each 

weighing not more 
than 10 kg each 

Skipjack 
(Katsuwonus 
pelamis) 

Bluefin tuna 
(Thunnus thynnus) 

Other  species  of  the 
genera  Thunnus  and 
Euthynnus 

Gilled and gutted 

Other  

Whole 

Gilled and gutted 

Other 

Whole 

Gilled and gutted 

Other 

Whole 

Gilled and gutted 

Other 

Whole 

Gilled and gutted 

Other 

Whole 

Gilled and gutted 

Other 

Whole 

Gilled and gutted 

Other 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Council  Regulation  fixing  for  the  2009  fishing  year  the 
guide  prices  and  Community  producer  prices  for  certain  fishery  products 
pursuant to Regulation (EC) No 104/2000 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Policy Area 11: Fisheries and Maritime Affairs 

Activity ABB 11 02: Fisheries markets 

3. 

BUDGET LINES 

3.1. 

Budget lines (operational lines and related technical and administrative 
assistance lines (ex- B.A lines)) including headings: 

11 02 01 01: Interventions in fishery products: 

Indicative breakdown: 

- Operational programmes: 1.230 EUR million3  

- Community withdrawals: 3.000 EUR million 

- Independent withdrawals and carry-over: 2.200 EUR million 

- Private storage aid: 1.000 EUR million 

- Compensatory allowance for tuna: 1.700 EUR million 

- Community carry-over: 5.000 EUR million 

- Technical assistance: 0.150 EUR million 

- Studies: 0.220 EUR million3 

3 

Aid not affected by the fixation of the guide prices 

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3.2. 

Duration of the action and of the financial impact: 

Measures restricted to the 2009 fishing year (16.10.2008 – 15.10.2009) 

Since this is a price-fixing exercise, the impact on expenditure is indirect. 
The  expenditure  in  question  will  largely  depend  on  developments  in  the 
market situation and on quantities landed. 

3.3. 

Budgetary characteristics (add rows if necessary): 

Budget line 

Type of 
expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in financial 
perspective 

11 02 0101  

Comp/ 
Non-
comp 

Diff4
/ 
Non-
diff5 

YES
/ NO 

YES/NO 

YES/NO 

2 

4 
5 

Differentiated appropriations 
Non-differentiated appropriations hereafter referred to as NDA 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary  of  commitment  appropriations  (CA)  and  payment  appropriations 
(PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

Year 
2009 

n + 1 

n + 2 

n + 3 

n + 4 

Operational expenditure6 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

13.050 

13.050 

a 

b 

Administrative expenditure within reference amount7 

n + 5 
and 
later 

Total 

13.050 

13.050 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

- 

- 

- 

- 

- 

- 

- 

Appropriations 

13.050 

a+
c 

Administrative expenditure not included in reference amount8 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included in reference amount 
(NDA) 

costs, 

0.244 

0.036 

8.2.5 

d 

8.2.6 

e 

13.050 

0.244 

0.036 

Total indicative financial cost of intervention 

TOTAL  CA 
cost 
Resources 

of 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

including 
Human 

13.330 

13.330 

- 

- 

a+c
+d+
e 

b+c
+d+
e 

- 

- 

- 

- 

- 

- 

- 

- 

13.330 

13.330 

6 
7 
8 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

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Co-financing details 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify which), an estimate of the level of this co-financing should be indicated in the 
table  below  (additional  lines  may  be  added  if  different  bodies  are  foreseen  for  the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Co-financing body 

Year 
2009 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total 

No  co-financing  through 
Member  States  or  other 
bodies 

TOTAL CA including co-
financing 

- 

- 

f 

a+c
+d+
e+f 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

4.1.2.  Compatibility with Financial Programming 

⌦  Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the 
financial perspective. 

Proposal  may 
the 
Interinstitutional  Agreement9  (i.e.  flexibility  instrument  or  revision  of 
the financial perspective). 

require  application  of 

the  provisions  of 

4.1.3.  Financial impact on Revenue 

⌦  Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

NB: All details and observations relating to the method of calculating the 
effect on revenue should be shown in a separate annex. 

9 

See points 19 and 24 of the Inter-institutional agreement. 

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Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[n+1]

[Year 
2009]

[n+2
] 

[n+3] 

[n+ 
4] 

[n+5]10

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

(Please  specify  each  revenue budget  line involved,  adding the  appropriate 
number of rows to the table if there is an effect on more than one budget 
line.) 

4.2. 

Human  Resources  FTE  (including  officials,  temporary  and  external 
staff) – see detail under point 8.2.1. 

Annual requirements 

Year 
2009 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

number 
Total 
human resources 

of 

2 

- 

- 

- 

- 

- 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The  interventions  concerning  fishery  products  are  carried  out  under  the 
Common Fisheries Policy (CFP) in accordance with Article 34 of the Treaty. 
They  aim  at  providing  stability  to  the  Community  markets  by  preventing 
possible risks of crisis. In this context, appropriate price and supply policies 
are of utmost importance. The interest of the production and marketing chain 
and  the  need to strengthen the competitiveness of the sector in a context of 
globalisation  must  be  taken  into  account.  The  objective  of  market  stability 
together  with  the  support  to  producers’  income  can  essentially  be  achieved 
through  the  different  mechanisms  of  intervention  on  the  markets,  e.g. 
withdrawals,  carry-over,  compensatory  allowance.  The  interest  of  the 
consumers must also be considered.  

10 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 
years 

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5.2. 

Value-added of Community involvement and coherence of the proposal 
with other financial instruments and possible synergy 

The question of subsidiarity is not relevant to this proposal since Community 
intervention  falls  within  the  exclusive  competence  of  the  Community.  The 
added value of Community intervention is directly related to the underlying 
arguments  of  the  existence  of  a  common  organisation  of  the  markets  in 
fishery and aquaculture products. 

5.3. 

Objectives, expected results and related indicators of the proposal in the 
context of the ABM framework 

This proposal aims at the fixation of guide prices and Community producer 
price  by  the  Council  in  accordance  with  Articles  18  and  26  of  Council 
Regulation  (EC)  No  104/2000.  The  guide  prices  provide  the  basis  for  the 
subsequent  fixing,  by  way  of  Commission  Regulations,  of  the  different 
parameters needed for the operation of the intervention mechanisms for the 
fishing  year  concerned.  Similarly,  the  Community  producer  price  forms  the 
basis of the granting of the compensatory allowance for tuna which might be 
triggered depending on the development of prices on the world markets.  

In order to ensure the proper functioning of the common organisation of the 
markets in 2009, all regulations should be adopted before the end of 2008. 

5.4.  Method of Implementation (indicative) 

Show below the method(s)11 chosen for the implementation of the action. 

Centralised Management 

⌦  Directly by the Commission 

Indirectly by delegation to: 

Executive Agencies 

Bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

National public-sector bodies/bodies with public-service mission 

Shared or decentralised management 

With Member states 

With Third countries 

11 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant 
comments" section of this point 

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Joint management with international organisations (please specify) 

Relevant comments: 

As  of  16  October  2006,  the  measures  financed  under  the  budget  heading 
11.02.01  are  implemented  in  a  centralised  manner  pursuant  to  Council 
Regulation (EC) No 1290/2005 on the financing of the common agricultural 
policy. Furthermore, the management of data notified by the Member States 
in  accordance  with  Commission  Regulation  (EC)  No  80/2001  is  the  sole 
responsibility of the Commission. 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The monitoring of the envisaged measures is ensured through the collection 
and the analysis of data notified by the Member States by way of the FIDES 
system in accordance with Commission Regulation (EC) No 80/2001. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

Considering the specific nature  of the proposal,  namely the annual  fixation 
of  certain  Community  prices  within  the  framework  of  the  current  common 
organisation of the markets for fishery and aquaculture products, an ex-ante 
evaluation  as  defined  in  Article  21  (1)  of  Commission  Regulation  (EC, 
Euratom) No 2342/2002 laying down detailed rules for the implementation of 
the  Financial  Regulation  is  not  required.  Nevertheless,  the  Commission 
proposal is based on regular monitoring of interventions in previous fishing 
years and thorough analysis of the market situation for the relevant products. 

6.2.2.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons 

learned from similar experiences in the past) 

Not relevant since the intervention measures for fishery products have not yet 
been subject to intermediary or ex-post evaluation. 

6.2.3.  Terms and frequency of future evaluation 

While a report on the implementation of the Common Market Organisation 
has  been  submitted  pursuant  to  Article  41  of  Council  Regulation  (EC) 
No 104/2000  (see  COM(2006)  558  final  and  accompanying  document 
SEC(2006) 1218), an overall evaluation of the different mechanisms foreseen 
in  the  Common  Market  Organisation  in  its  current  version  is  being 
conducted in accordance with the Financial Regulation. 

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7. 

ANTI-FRAUD MEASURES  

The anti-fraud measures are in conformity with the provisions laid down in 
Regulation  (CE)  No  104/2000  and,  in  particular,  with  the  provisions  laid 
down  in  Regulation  (EEC)  No 595/91  concerning  irregularities  and  the 
recovery of sums wrongly paid. 

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8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Type of output 

Av. 
cost 

Year 
2009 

Year 
n+1 

Year 
n+2 

Year 
n +3 

Year 
n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

of 
(Headings 
Objectives, 
actions 
and  outputs  should 
be provided) 

- Output 1 

- Output 2 

Community 
withdrawals 

Independent 
withdrawals 
carry-over 

and 

- Output 3 

Private storage aid 

- Output 4 

- Output 5 

- Output 6 

TOTAL COST 

Compensatory 
allowance for tuna 

Community  carry-
over 

Technical 
assistance 

3.000 

2.200 

1.000 

1.700 

5.000 

0.150 

13.050 

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8.2. 

Administrative Expenditure 

The requirements in human and administrative resources will be met by way of the 
internal appropriation allocated to the administrative DG within the framework of the 
annual allocation procedure. 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year 2009 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

Officials or 
temporary 
staff12 (XX 
01 01) 

13 

2 

A*/A
D 

B*, 
C*/A
ST 

Staff  financed14  by 
art. XX 01 02 

staff15 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

8.2.2.  Description of tasks deriving from the action 

Financial management of expenditure, follow-up and ex-post controls. 

8.2.3. 

Sources of human resources (statutory) 

(When  more  than  one  source  is  stated,  please  indicate  the  number  of  posts 
originating from each of the sources) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

⌦  Posts pre-allocated within the APS/PDB exercise for year 2009 

(cid:133) 

(cid:133) 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

12 
13 
14 
15 

Cost of which is NOT covered by the reference amount 
Does not affect administrative cost or staffing 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

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(cid:133) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
2009 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies16 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

16 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

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8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

Year 
2009 

Year n+1  Year n+2  Year n+3  Year n+4 

Year n+5 

and later 

EUR million (to 3 decimal places) 

Officials and temporary staff (XX 01 
01) 

0.244 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

2 AST x 0.122 EUR million = 0.244 EUR million 

. 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

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8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 
2009 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees17  

XX 01 02 11 04 – Studies & consultations 

2 

1 

XX 01 02 11 05 - Information systems 

2  Total Other Management 

Expenditure (XX 01 02 11) 

Year 
n+5 

and 
later 

TOTAL 

0.017 

0.019 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

0.036 

Calculation  -  Other  administrative  expenditure  not  included  in  reference  amount 

17 

Specify the type of committee and the group to which it belongs. 

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