CELEX: 31976R0109
Language: en
Date: 1976-01-19
Title: Council Regulation (EEC) No 109/76 of 19 January 1976 laying down general rules for granting compensation to producers of tunny for the canning industry

No L 20/46                           Official Journal of the European Communities                             28 . 1 . 76
                                      COUNCIL REGULATION (EEC) No 109/76
                                                   of 19 January 1976
               laying down general rules for granting compensation to producers of tunny for the
                                                    canning industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       Whereas the effects of a fall in import prices may be
                                                                measured, on the one hand, by reference to the
                                                                average level of import prices which would result
Having regard to the Treaty establishing the
                                                                from application to the rates of duty of the Common
 European Economic Community,
                                                                Customs Tariff and, on the other hand, by reference
                                                                to the level of the Community producer price which
Having regard to Council Regulation (EEC) No                    is representative of a normal market situation,
 100/76 of 19 January 1976 on the common                        allowance being made for the normal range of price
 organization of the market in fishery products (1 ),           fluctuations ;
 and in particular Article 16 (5 ) thereof,
                                                                Whereas the situation on the tunny market changes
Having      regard    to    the   proposal     from   the       considerably according to the pattern of landings by
 Commission,                                                    Community fishermen and to actual importing
                                                                opportunities which in turn largely depend on
Whereas Article 16 ( 1 ) of Regulation (EEC) No                 catches by exporting third countries ; whereas the
 100/76 provides that compensation shall be                     market situation must therefore be reviewed each
granted if necessary to Community producers of                  month with a view to the granting of compensation,
tunny in respect of the tunny intended for the
canning industry ; whereas this measure is intended
ro offset any disadvantages which the system                     HAS ADOPTED THIS REGULATION :
applicable to imports might present for Community
producers ; whereas, since Community production of
tunny is inadequate and the application of the                                         Article 1
Common Customs Tariff duties has been suspended
so that conditions of supply comparable to those
ruling in exporting third countries can be maintained           For the products listed in the Annex the Community
for food processing industries using these products ;           producer price referred to in Article 16 (4) of
whereas, consequently, a fall in the import price                Regulation (EEC ) No 100/76 shall be fixed before
could constitute a direct threat to producers'                  the beginning of the fishing year for the entire
incomes ;                                                       fishing year or for each of the periods into which the
                                                                fishing year is subdivided. This price shall apply to
                                                                yellow-finned tunny presented 'whole', weighing
Whereas the extent to which this threat materializes
                                                                not more than 10 kg each.
can be assessed by reference to a Community price
level which is representative of a normal market
situation ; whereas the Community producer price
must therefore be fixed prior to the opening of the             The fishing year for tunny shall begin on 1 January
                                                                and end on 31 December each year; the subdivision
fishing year for a product with given commercial
specifications ;
                                                                referred to in the preceding paragraph may be made
                                                                according to species .
Whereas the different species of tunny intended for
the canning industry and fished for in the
Community contribute simultaneously and as a
whole to the formation of the market prices for                                        Article 2
Community produce ; whereas the producer prices
actually recorded for each of these varieties must
therefore be adjusted to the particular species and             For each of the products listed in the Annex an
presentation adopted as reference bases for fixing the          average Community market price shall be established
Community producer price ;                                      each month on the basis of the weighted average of
                                                                the mean monthly prices recorded for. each product,
(') See page 1 of this Official Journal.                        such average being adjusted for any differences in
 ---pagebreak---  28 . 1 . 76                           Official Journal of the European Communities                             No L 20/47
species or presentation by reference to the species                been recorded. It may not, however, exceed a fixed
 and presentation for which the Community producer                 amount representing 20 % of the reference price
price has been fixed.                                              applicable during this same period .
                                                                   2.     The compensation shall be paid on application
                           Article 3                               by the producer.
For each of the products listed in the Annex the                                             Article 5
 compensation referred to in Article 16 ( 1 ) of
 Regulation ( EEC) No 100/76 shall be granted to                   The following shall be adopted in accordance with
Community producers of tunny if, at the same time :                the procedure laid down in Article 32 of Regulation
 ( a ) the average quarterly Community market price                 ( EEC) No 100/76 :
       for the product in question, calculated on the              — detailed rules for the application of this
       basis of the mean monthly prices referred to in                  Regulation and, in particular, rules concerning
       Article 2, is less than 95 % of the Community                    the adjustments referred to in Article 2 which are
       producer price ;                                                 to be made to the weighted average of mean
( b ) the entry price referred to in Article 19 (3 ) of                 monthly prices ;
       Regulation (EEC) No 100/76 for this same                    — the level of the compensation .
       product or for the product used to fix the
       Community producer price, increased where
       appropriate by the countervailing charge levied                                       Article 6
       on it, calculated for the same period or, failing
       this, for the last period for which prices were              1.    Council Regulation (EEC) No 172/71 of 26
       recorded, is not more than 110% of the                      January 1971 laying down general rules for granting
       reference price.                                            compensation to producers of tunny for the canning
                                                                   industry ( 1 ), is hereby repealed.
                           Article 4                               2. References to the Regulation repealed by virtue
                                                                   of paragraph 1 shall be construed as references to
1.       The compensation shall be equal to the                    this Regulation.
difference between the Community producer price
and the average quarterly Community market price.                                            Article 7
It shall be granted in respect of all quantities of
tunny delivered to the food preserving industry                    This Regulation shall enter into force on 1 February
during the three-month period for which prices have                1976.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 19 January 1976.
                                                                                     For the Council
                                                                                      The President
                                                                                      J. HAMILIUS
                                                                   H OJ No L 23 , 29. 1 . 1971 , p. 15.
                                                          ANNEX
                Yellow-finned tunny                            (Neothynnus albacora, Thunnus albacares)
                Long-finned tunny                              (Thunnus alalunga)
                Blue-finned tunny                              (Thunnus thynnus)
                Big-eyed tunny, Patudo                         (Parathynnus obesus, Parathynnus macropterus)
                Skipjack, Listao                               (Euthynnus pelamis, Katsuwonus pelamis)
                Little tunny                                   (Euthynnus alletteratus)