CELEX: 32000R0355
Language: en
Date: 2000-02-16 00:00:00
Title: Commission Regulation (EC) No 355/2000 of 16 February 2000 providing for the granting of compensation to producers' organisations in respect of tuna delivered to the processing industry from 1 April to 30 June 1999

17. 2. 2000            EN                        Official Journal of the European Communities                                               L 45/23
                                            COMMISSION REGULATION (EC) No 355/2000
                                                             of 16 February 2000
               providing for the granting of compensation to producers' organisations in respect of tuna delivered
                                      to the processing industry from 1 April to 30 June 1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                        during the quarter concerned than the quantities sold
                                                                                   and delivered during the same quarter of the three
Having regard to the Treaty establishing the European                              previous fishing years; Since those quantities exceed the
Community,                                                                         limit set in Article 18(3) of Regulation (EEC) No 3759/
                                                                                   92, the total quantities of that product on which
                                                                                   compensation is payable should therefore be limited.
Having regard to Council Regulation (EEC) No 3759/92 of 17
December 1992 on the common organisation of the market in                   (6)    In accordance with the ceilings laid down in Article
fishery and aquaculture products (1), as last amended by Regu-                     18(4) of Regulation (EEC) No 3759/92 for the purpose
lation (EC) No 2792/1999 (2), and in particular Article 18(6)                      of calculating the allowance to be granted to each
thereof,                                                                           producers' organisation, the quantities on which the
                                                                                   allowance is payable should be allocated among the
Whereas:                                                                           producers' organisations concerend in proportion to the
                                                                                   quantities produced by them in the same quarter of the
(1)     The compensatory allowance provided for in Article 18                      1996, 1997 and 1998 fishing years.
        of Regulation (EEC) No 3759/92 is to be granted under
        certain conditions to Community tuna producers' organ-              (7)    A decision should therefore be taken to grant the allow-
        isations in respect of quantities of tuna delivered to the                 ance on the products in question for the period 1 April
        processing industry during the calendar quarter for                        to 30 June 1999.
        which prices have been recorded, where both the
        average quarterly selling price recorded on the                     (8)    The measures provided for in this Regulation are in
        Community market and the free-at-frontier price plus                       accordance with the opinion of the Management
        any applicable countervailing charge are lower than                        Committee for Fishery Products,
        91 % of the Community producer price for the product
        concerned.
(2)     An examination of the situation on the Community                    HAS ADOPTED THIS REGULATION:
        market has shown that in the period 1 April to 30 June
        1999, both the average quarterly selling price and the
        free-at-frontier price as referred to in Article 18 of Regu-
                                                                                                          Article 1
        lation (EEC) No 3759/92 for albacore tuna (Thunnus
        alalunga) were lower than 91 % of the Community
        producer price in force laid down in Council Regulation             The compensatory allowance provided for in Article 18 of
        (EC) No 2763/98 of 17 December 1998 fixing, for the                 Regulation (EEC) No 3759/92 shall be granted for the period 1
        1999 fishing year, the Community producer price for                 April to 30 June 1999 in respect of the following product.
        tuna intended for the industrial manufacture of products
        falling within CN code 1604 (3).                                                                                                       (EUR/t)
                                                                                                                        Maximum allowance
(3)     The amount of the allowance provided for in Article                                                           in accordance with first
        18(2) of Regulation (EEC) No 3759/92 may not in any                               Product                       and second indents
                                                                                                                          of Article 18(2)
        case exceed either the difference between the triggering                                                  of Regulation (EEC) No 3759/92
        threshold and the average selling price of the product in
        question on the Community market or a flat-rate
        amount equivalent to 12 % of this threshold.                        Albacore tuna (Thunnus alalunga)                     51
(4)     The quantities on which compensation as provided for
        in Article 18(1) of Regulation (EEC) No 3759/92 is
        payable may under no circumstances exceed the limits
        laid down in paragraph 3 of that Article for the quarter                                          Article 2
        concerned.
                                                                            1.    The total quantities on which the allowance for this
(5)     The quantities of albacore tuna (Thunnus alalunga) sold             species is payable shall be:
        and delivered to the processing industry established in
                                                                            albacore tuna (Thunnus alalunga)                      330,912 tonnes
        the customs territory of the Community were higher
(1) OJ L 388, 31.12.1992, p. 1.
                                                                            2.    The allocation of the total quantity among the producers'
(2) OJ L 337, 30.12.1999, p. 10.                                            organisations concerned shall be as set out in the Annex
(3) OJ L 346, 22.12.1998, p. 5.                                             hereto.
 ---pagebreak--- L 45/24          EN                     Official Journal of the European Communities                                     17. 2. 2000
                                                            Article 3
        Entitlement to the compensatory allowance shall be determined on the basis of sales covered by invoices
        the date of which falls within the quarter concerned and used to calculate the average monthly selling price
        referred to in Article 7(1)(b) of Regulation (EEC) No 2210/93 (1).
                                                            Article 4
        This Regulation shall enter into force on the third day following its publication in the Official Journal of the
        European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels, 16 February 2000.
                                                                               For the Commission
                                                                                 Franz FISCHLER
                                                                           Member of the Commission
        (1) OJ L 197, 6.8.1993, p. 8.
 ---pagebreak--- 17. 2. 2000         EN                        Official Journal of the European Communities                                                   L 45/25
                                                                        ANNEX
            Allocation among producers' organisations of quantities of tuna on which the compensatory allowance is
            payable for the period 1 April to 30 June 1999 in accordance with Article 18(4) of Regulation (EEC) No 3759/92,
                                           broken down by compensation percentage band
                                                                                                                                    (Tonnes)
                                                                                                             Total quantities on which
                                           Quantities 100 % of which is      Quantities 50 % of which is
                     Albacore tuna                                                                            compensation is payable
                                             eligible for compensation        eligible for compensation
                   (Thunnus alalunga)                                                                       (first and second indents of
                                           (first indent of Article 18(4)) (second indent of Article 18(4))
                                                                                                                    Article 18(4))
            OPAGAC                                      81,080                            0                             81,080
            OPTUC                                       58,740                            0                             58,740
            OP 42 (CAN.)                                 5,553                           62,105                         67,658
            ORTHONGEL                                   58,254                            0                             58,254
            APASA                                        7,083                           58,097                         65,180
            MADEIRA                                      0                                0                              0
                                 EU Total             210,710                          120,202                        330,912