CELEX: 31971R0172
Language: en
Date: 1971-01-26 00:00:00
Title: Regulation (EEC) No 172/71 of the Council of 26 January 1971 laying down general rules for granting compensation to producers of tunny for the canning industry

Official Journal of the European Communities                                      45
29.1.71                              Official Journal of the European Communities                           No L 23 / 15
                               REGULATION (EEC) No 172/71 OF THE COUNCIL
                                                   of 26 January 1971
                 laying down general rules for granting compensation to producers of tunny for the
                                                    canning industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         adjusted to the particular species and presentation
                                                                 adopted as reference bases for fixing the Community
Having regard to the Treaty establishing the                     producer price;
European Economic Community;
                                                                "Whereas the effects of a fall in import prices may be
Having regard to Council Regulation (EEC) No                    measured, on the one hand, by reference to the
2142/70     of 20    October    1970   on the common             average level of import prices which would result
organisation of the market in fishery products,1 and             from application to the rates of duty of the Common
in particular Article 15 (5 ) thereof;                           Customs Tariff and, on the other hand, by reference
                                                                to the level of the Community producer price which
Having regard to the proposal from the Commission;              is representative of a normal market situation,
                                                                 allowance being made for the normal range of price
                                                                 fluctuations ;
Whereas Article 15 ( 1 ) of Regulation (EEC) No
2142/70 provides that compensation shall be granted             Whereas the situation on the tunny market changes
if necessary to Community producers of tunny in                  considerably according to the pattern of landings by
respect of the tunny intended for the canning                    Community fishermen and to actual importing
industry; whereas this measure is intended to offset             opportunities which in turn largely depend on
any disadvantages which the system applicable to                 catches by exporting third countries ; whereas the
imports might present for Community producers;                   market situation must therefore be reviewed each
whereas, since Community production of tunny is                  month with a view to the granting of compensation;
inadequate and the application of the Common
Customs Tariff duties has been suspended so that
conditions of supply comparable to those ruling in               HAS ADOPTED THIS REGULATION :
exporting third countries can be maintained for food
processing industries using these products; whereas,                                    Article 1
consequently, a fall in the import price could
constitute a direct' threat to producers' incomes ;              For the products listed in the Annex the Community
                                                                producer price referred to in Article 15 (4) of
Whereas the extent to which this threat materialises             Regulation (EEC) No 2142/70 . shall be fixed before
can be assessed by reference to a Community price                the beginning of the fishing year for the entire fishing
level which is representative of a normal market                year or for each of the periods into which the fishing
situation ; whereas the Community producer price                 year is subdivided. This price shall apply to
must therefore be fixed prior to the opening of the              yellow -finned tunny presented 'whole', weighing not
fishing year for a product with given commercial                 more than 10 kg each.
specifications ;
                                                                 The fishing year for tunny shall begin on 1 January
Whereas the different species of tunny intended for              and end on 31 December each year; the subdivision
the canning industry and fished for in the                       referred to in the preceding paragraph may be made
Community contribute simultaneously and a whole                  according to species.
to the formation of the market prices for Community
produce; whereas the producer prices actually                                           Article 2
recorded for each of these varieties must therefore be
                                                                For each of the products listed in the Annex an
1 OJ No L 236, 27.10.1970, p. 5.                                 average Community market price shall be established
 ---pagebreak--- 46                                 "Official Journal of the European Communities
each month on the basis of the weighted average of              and the average quarterly Community market price.
the mean monthly prices recorded for each product,             It shall be granted in respect of all quantities of tunny
such average being adjusted for any differences in              delivered to the food preserving industry during the
species or presentation by reference to the species and         three-month period for which prices have been
presentation for which the Community producer                   recorded. It may not, however, exceed a fixed
price has been fixed.                                           amount representing 20% of the reference price
                                                                applicable during this same period.
                         Article 3
                                                               2. The compensation shall be paid on application
For each of the products listed in the Annex the                by the producer.
compensation referred to in Article 15 (1 ) of
Regulation (EEC) No 2142/70 shall be granted to
Community producers of tunny if, at the same time:                                     Article 5
(a) the average quarterly Community market price                The following shall be adopted in accordance with
     for the product in question, calculated on the             the procedure laid down in Article 29 of Regulation
     basis of the mean monthly prices referred to in            (EEC) No 2142/70 :
    Article 2, is less than 95% of the Community
     producer price;                                            — detailed rules for the application of this
                                                                    Regulation and, in particular, rules concerning the
(b) the entry price referred to in Article 18 (3 ) of               adjustments referred to in Article 2 which are to
     Regulation (EEC) No 2142/70 for this same                      be made to the weighted average of mean
     product or for the product used to fix the                     monthly prices ;
     Community producer price, increased where
     appropriate by the countervailing charge levied            — the level of the compensation.
     on it, calculated for the same period or, failing
     this, for the last period for which prices were
     recorded, is not more than 110% of the reference                                  Article 6
     price.
                                                                This Regulation shall enter into force on the third
                         Article 4                              day following its publication in the Official Journal
                                                                of the European Communities.
1.   . The compensation shall be equal to the
difference between the Community producer price                 It shall apply from 1 February 1971 .
              This Regulation shall be binding in its entirety an directly applicable in all Member
              States.
              Done at Brussels, 26 January 1971 .
                                                                                      For the Council
                                                                                       The President
                                                                                         B. PONS
                                                         ANNEX
              Yellow-finned tunny                            Neothynnus albacora (Thunnus albacares)
              Long-finned tunny                              (Thunnus alalunga)
              Blue-finned tunny         *                    (Thunnus thyn'nus)
              Big-eyed tunny, Patudo                         Parathynnus obesus (Parathynnus macropterus)
              Skipjack, Listao                             ' Euthynnus pelamys (Katsuwonus pelamys)
              Little tunny                                   (Euthynnus allcttaratus)