CELEX: 31971R1468
Language: en
Date: 1971-07-09 00:00:00
Title: Regulation (EEC) No 1468/71 of the Commission of 9 July 1971 laying down conditions for granting financial compensation in respect of certain fishery products

478                                  Official . Journal of the European Communities
 10.7.71                             Official Journal of the European Communities                             No L 154/23
                             REGULATION (EEC) No 1468/71 OF THE COMMISSION
                                                        of 9 July 1971
             laying down conditions for granting financial compensation in respect of certain fishery
                                                           products
THE     COMMISSION      OF    THE    EUROPEAN        COM­          incompatible with the quality requirements of the
MUNITIES,                                                          common organisation of the market; whereas,
                                                                   therefore, products withdrawn from the market
                                                                   which no longer qualify for inclusion in the freshness
Having regard to the Treaty establishing the                       category in which they were placed when first offered
European Economic Community ;                                      for sale should not be eligible for financial
                                                                   compensation ;
Having regard to Council Regulation (EEC) No
2142/701   of 20    October     1970  on the common                Whereas to provide maximum encouragement for
organisation of the market in fishery products, and in             efforts to stabilise the market in the Community
particular Article 10 (5 ) thereof;                                context, producer organisations which do not
                                                                   consistently observe the Community withdrawal price
Whereas the producers' organisations should take                   should.not qualify for financial compensation ;
measures to ensure that fishing is carried on in a
rational way and that the conditions of sale for the               Whereas the measures provided for in this Regulation
products brought in by their members are improved;                 are in accordance with the Opinion of the
whereas the effectiveness of these measures should                 Management Committee for Fishery Products ;
not be influenced by the disposal, by producers'
organisations, of products fished by persons who, not
being members, are not obliged to comply therewith ;               HAS ADOPTED THIS REGULATION :
whereas, therefore, financial compensation should
not be granted for these products ;
                                                                                            Article 1
Whereas, on account of the fluctuation in demand
throughout the whole marketing process, it is                      1.      Only the following products shall be considered
advisable to prevent these products being withdrawn,               to be products which have been withdrawn from the
from the market before they are offered for sale ;                 market within the meaning of Article 10 ( 1 ) (c), (2)
whereas, therefore, financial compensation should be               and (3 ) of Regulation (EEC) No 2142/70 :
granted only for those products which, after being
offered for sale under the usual conditions, have                  ( a) those which were fished by a member of the
failed to secure a purchaser, at the Community                           producers' organisation ;
withdrawal price ;
                                                                   ( b ) those which before being withdrawn were offered
Whereas, pending an improvement in the market                            for sale in accordance with regional and local^
situation, a producers' organisation may find it                         custom and usage, during which time it was
necessary to purchase the products brought in ,by its                    established that they did not find a buyer at the
members in order to store them; whereas in that case                     pri.ce fixed in accordance with the provisions of
the products have already been graded in accordance                      Article 10 (4) of Regulation (EEC) No 2142/70 ;
with marketing standards ; whereas disposal,
following storage, of products which no longer                     (c) those which at the time of their withdrawal from
comply with the grading that was given to them is                        the market satisfied the requirements for the
                                                                         category in which they had been graded pursuant
                                                                         to Article 2 of Regulation (EEC) No 2142/70 ;
1 OJ No L 236, 27.10.1970, p. 5 .                                         and
 ---pagebreak---                                     Official Journal of the European Communities                                 479
(d) those which have been withdrawn from the                   paragraph 1 (b) is applied by the producers'
    market by a producers' organisation which has              organisation concerned.
    applied the price specified in (b) throughout the
    period of validity of that price.                                                Article 2
                                                               This Regulation shall enter into force on the third
2.   The provisions of paragraph 1 ( d) shall apply            day following its publication in the Official Journal
only from the time when the price referred to in               of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 9 July 1971 .
                                                                                 For the Commission
                                                                                     The President
                                                                              . Franco M. MALFATTI