CELEX: 31971R0171
Language: en
Date: 1971-01-26 00:00:00
Title: Regulation (EEC) No 171/71 of the Council of 26 January 1971 on granting and reimbursing aids granted by Member States to producers' organisations in the fishing industry

Official Journal of the European Communities                                      43
29.1.71                                 Official Journal of the European Communities                             No L 23 / 13
                                   REGULATION (EEC) No 171 /71 OF THE COUNCIL
                                                      of 26 January 1971
              on granting and reimbursing aids granted by Member States to producers' organisations
                                                     in the fishing industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                     Article 2
Having regard to the Treaty establishing the                        The following classes of person shall be taken into
European Economic Community;                                         consideration for the purpose of calculating the aids
                                                                     referred to in Article 6 ( 1 ) of Regulation (EEC) No
Having regard to Council Regulation (EEC) No                        2142/70 :
2142/701 of 20 October 1970 on the common
organisation of the market in fishery products, and in              — producers who were members of the producers'
                                                                         organisation on the date on which it was
particular Article 6 (5 ) and the second subparagraph
of Article 22 (2) thereof;                                               recognised and who were members of the
                                                                          organisation throughout the year for which aid is
                                                                         claimed;
Having regard to the proposal from the Commission;
                                                                    — producers who joined the producers' organisation
Whereas the conditions and general rules to be                           after the date on which it was recognised and
applied to aids granted by Member States to                              who were members of the organisation
producers' organisations and the procedure for                           throughout the last nine months of the year for
reimbursing those aids from the Guidance Section of                      which aid is claimed.
the European Agricultural Guidance and Guarantee
Fund must be adopted;                                                                        Article 3
Whereas to ensure that these aids are granted and
reimbursed under identical conditions, the methods                  The value of the production marketed by a
                                                                    producers' organisation shall be calculated for each
for calculating the value of the production marketed
under the auspices of the producers' organisations                  product by multiplying:
and the administrative expenses of these                            — the average marketed production referred to in
organisations    should    be      defined;   whereas     this           the first indent of the third subparagraph of
calculation must be based on properly vouched                            Article 6 ( 1 ) of Regulation (EEC) No 2142/70,
accounts ; whereas the difficulty of having such                         ascertained in accordance with the procedure laid
accounts available, in certain cases, should be taken                    down in Article 4 below and expressed in 100 kg
into account; whereas a flat-rate method should be                        net for each product
substituted in such cases ;
                                                                         by
HAS ADOPTED THIS REGULATION :                                       — the average price referred to in the second indent
                                                                         of the third subparagraph of Article 6 ( 1 ) of
                        Article 1                                        Regulation (EEC) No 2142/70, ascertained in
                                                                         accordance with the procedure laid down in
When it submits its first claim for reimbursement, the                   Article 5 below and calculated per 100 kg net for
Member State concerned shall provide the                                 each product.
Commission with a certificate showing the date on
which the producers' organisation was formed and                                             Article 4
the date on which it was recognised.
                                                                    For the purpose of calculating the average production
1 OJ. No L 236, 27.10.1970, p . 5 .                                 referred to in the first indent of Article 3 , the
 ---pagebreak--- 44                                  Official Journal of the European Communities
production marketed by producer members shall be                                        Article 6
ascertained for each of the three calendar years
immediately preceding membership :                             1 . The amount of the administrative expenses
                                                               referred to in Article 6 ( 1 ) of Regulation (EEC) No
— on the basis of properly vouched commercial and              2142/70 to be taken into consideration when the
    accounting records as are available                        maximum amount of aid granted to producers'
                                                                organisations is being calculated, must be established
    or
                                                               on the basis of properly vouched commercial and
    if such supporting evidence is not available, on            accounting records and be approved by the
    the . basis of a flat-rate assessment made by the          competent authorities of the Member State.
    competent services of the Member State,
    allowance being made in particular for pro­                2. The concept of administrative expenses shall be
    ductive capacity in terms of equipment and                 defined in accordance with the procedure laid down
    manpower; the result thus obtained shall be                in Article 29 of Regulation (EEC) No 2142/70.
    reduced by 10% to cover the member's own
    consumption and non-commercial transactions .                                       Article 7
                                                               Aid to an association of producers' organisations may
                         Article 5                             not exceed a total of 50 000 units of account.
For the purpose of calculating the average price                                        Article 8
referred to in the second indent of Article 3, the
average price obtained by producer members for each
of the three calendar years immediately preceding              1 . Applications for      reimbursement must relate to
membership shall be ascertained :                              expenditure incurred      by Member States during a
                                                               calendar year and         must be submitted to the
— on the basis of properly vouched commercial and              Commission annually       before 1 July of the following
    accounting records which are available                     year.
    or
                                                               2.    The . Commission        shall  decide   on    these
                                                               applications en bloc or separately after consulting the
— if such supporting evidence is not available, by             Fund Committee.
    calculating the average quotation for each
    product on the most representative wholesale              3 . Provisions concerning the information to be
    market or in the most representative port of the           included in applications for reimbursement, the form
    area in which the producers' organisation                  that such applications should take and the supporting
    concerned operates, such average quotation being           evidence to be submitted to the Commission by
    the average of the representative quotations               Member States shall be adopted in accordance with
    recorded during the reference year by the                  the procedure laid down in Article 13 of Council
    competent authorities of the Member State on               Regulation (EEC) No 729/701 of 21 April 1970 on
    that market or in that port.                               the financing of the common agricultural policy.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 26 January 1971 .
                                                                                      For the Council
                                                                                       The President
                                                                                          B. PONS
                                                                  OJ No L 94, 28.4.1970, p. 13.