CELEX: 51987PC0213
Language: en
Date: 1987-05-05
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 3796/81 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS AND AMENDING REGULATION ( EEC ) NO 950/68 ON THE COMMON CUSTOMS TARIFF

N o C 145/4                             Official Journal of the European Communities                                   3.6. 87
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Regulation amending Regulation (EEC) No 3796/81 on the common
              organization of the market in fishery products and amending Regulation (EEC) No 950/68 on
                                                 the Common Customs Tariff
                                                      COM(87) 213 final
                                (Submitted by the Commission to the Council on 7 May 1987)
                                                        (87/C 145/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas, in order to encourage producers' organizations
                                                                   to adjust their supply to market requirements more
                                                                   effectively, provision should be made for suitable
Having regard to the Treaty establishing the European
                                                                   financial co-responsibility on their part and a limit
Economic Community, and in particular Article 43
                                                                   should be set on the quantities for which aid can be
thereof,
                                                                   given;
Having regard to the proposal from the Commission,
                                                                   Whereas, in order where possible to prevent the destruc-
                                                                   tion of fish withdrawn from the market, it should be
Having regard to the opinion of the European Par-                  possible for aid to be granted for the processing and
liament,                                                           storage for subsequent human consumption of certain
                                                                   quantities withdrawn;
Having regard to the opinion of the Economic and
Social Committee,
                                                                   Whereas, as regards two tuna species i.e. albacore and
                                                                   bluefin tuna, the marketing characteristics are similar to
Whereas certain species not at the moment covered by               those of the other species qualifying for the flat-rate aid
any Community intervention arrangements none the less              and provision should be made to include these species as
account for a significant proportion of production of              well under this scheme;
fishery products in certain regions; whereas these species
make an essential contribution to the incomes of the
producers concerned and to the general balance of the              Whereas the aid should be made conditional on the
market;                                                            observance of common marketing standards;
Whereas therefore, in order to foster greater market               Whereas the trend of market prices may make it
stability, due account being taken of the characteristics          necessary for action to be taken to help harmonize prices
of the products and of the diversity of the circumstances          in the Community; whereas it should therefore be
pertaining to their production and marketing, certain of           possible for the grant of flat-rate aid to be made
them should be covered by a Community price support                conditional on observance of maximum withdrawal
scheme;                                                            prices;
Whereas, however, regional price disparities for these
species do not permit their being covered at present by            Whereas, where application of the aid scheme brings
the existing scheme for the grant of financial                     about greater harmonization of prices as a result of
compensation to producers' organizations;                          changes in the production and marketing of the species
                                                                   concerned, the species in question should be. brought
                                                                   within the scope of the financial compensation scheme;
Whereas in the circumstances an intervention scheme
should be introduced that is based on a withdrawal price
set by producers' organizations themselves; whereas                Whereas experience indicates the necessity of specifying
provision should therefore be made for such organi-                the conditions for the grant of private storage aid in the
zations to receive flat-rate aid on certain terms for              case of certain products frozen on board and at the same
products that have been the subject of such independent            time making the scheme comply with the general
intervention;                                                      principles of the other Community intervention schemes;
 ---pagebreak--- 3.6. 87                              Official Journal of the European Communities                               No C 145/5
Whereas the tuna market is dependent on the pattern of          HAS ADOPTED THIS REGULATION:
landings of fish and provision should be made for
granting private storage aid under certain conditions to
the producers' organizations which intervene in order to                                    Article 1
organize supply on the Community market;
                                                                Regulation (EEC) No 3796/81 is hereby amended as
                                                                follows:
Whereas, in the case of tuna, in order to rationalize the       (1) In the second subparagraph of Article 9 (1):
marketing of a uniform product, the compensatory
allowance should be reserved to producers' organizations             — in the first indent, the words 'in Annex I (A) and
satisfying certain conditions;                                           (D)' are replaced by 'in Annex I (A) or (D) or in
                                                                         Annex VI',
                                                                     — in the second indent the words 'but not in Annex
Whereas, in order to assess whether a situation exists on                I (A) and (D)' are replaced by 'but not in Annex
the Community market linked to the trend of prices on                    I (A) or (D) nor in Annex VI'.
the world market that warrants payment of the
compensatory allowance, a check must be made that the
drop in Community market prices stems from a drop in             (2) The following is inserted after Article 14a:
import prices;
                                                                     'Article 14b
                                                                     1.     For products listed in Annex VI, Member
Whereas, in order to discourage an abnormal increase in              States shall grant flat-rate aid to producers' organi-
tuna production, provision should be made for the                    zations which practise intervention in accordance
allowance to be reduced in proportion to any increase in             with Article 9, on condition that:
Community production marketed for the Community
canning industry compared with the development of the
total use of tuna by this industry;                                  (a) the said organizations determine a withdrawal
                                                                          price, ('autonomous withdrawal price'), before
                                                                          the beginning of the marketing year; the
                                                                          producers' organizations shall apply that price
                                                                          throughout the marketing year, a tolerance of
Whereas, in order not to disturb traditional trading                      10 % below and 5 % above being allowed; the
patterns, provision should be made for producers'                         price may not, however, exceed 80 % of the
 organizations to help finance market intervention in                     weighted average price recorded for the product
 cases where their production of tuna landed on this                      categories in question in the area of activity of
 market increases;                                                        the producers' organizations concerned during
                                                                          the past three fishing years;
                                                                     (b) the products withdrawn meet the standards laid
 Whereas, therefore, Council Regulation (EEC) No                          down in accordance with Article 2;
 3796/81 O , as last amended by Regulation (EEC) No
 3879/86 O should be amended;                                        (c) the indemnity granted to the associated
                                                                           producers for the products withdrawn from the
                                                                           market is equal to the autonomous withdrawal
                                                                           price.
 Whereas the tariff nomenclature resulting from the
 application of Regulation (EEC) No 3796/81 is included
                                                                      2.    The flat-rate aid shall be granted only for
 in the Common Customs Tariff; whereas, consequently,
                                                                     quantities withdrawn from the market if:
 an amendment should be made to Council Regulation
 (EEC) No 950/68 (5), as last amended by Regulation
 (EEC) No . . . . / . . ,                                             (a) they were put up for sale in accordance with
                                                                           Article 5 (1), and
                                                                      (b) they were, before withdrawal, put up for sale
                                                                           under conditions to be determined, and
 O OJ No L 379, 31. 12. 1981, p. 1.
 O OJ No L 361, 20. 12. 1986, p. 5.                                   (c) — they are disposed of in a way that does not
 (*) OJ No L 172, 22. 7. 1968, p. 1.                                           affect the normal disposal of production
 ---pagebreak--- No C 145/6                               Official Journal of the European Communities                                    3.6. 87
             or                                                          (a) the average prices realized for a product by the
                                                                              producer's organizations during an indicative
         — they are processed and stored. Processing for                      period (to be determined) are less:
             the purposes of this Article shall be freezing,
             and filleting or cutting accompanied by                          — than 85 °/o of the guide price mentioned in
             freezing.                                                            Article 15 (1) for the products in Annex II,
                                                                                  and
    3.     The flat-rate aid shall be granted only for                        — than 90 % of the Community producer price
    quantities not in excess of 10 % of the annual                                mentioned in Article 17 (1) for the products
    quantities sold in accordance with Article 5 (1).                             of Annex III, and that
    The grant of flat-rate aid may be made subject to the
    condition that the autonomous withdrawal price                       (b) the price situation is likely to persist.
    does not exceed a maximum level fixed in
    accordance with the procedure laid down in Article                   2.     The following rules shall apply to the grant of
    33.                                                                  aid:
    4.     The flat-rate aid for quantities
                                                                         — the products must have been fished, frozen on
    (a) disposed of in accordance with the first indent of                   board and landed in the Community by a
         paragraph 2 (c), shall be 75 % of the withdrawal                    member of the producer's organization,
         price applied during the current marketing year;
                                                                         — the aid shall be restricted to 20 % of the average
    (b) dealt with in accordance with the second indent
                                                                             quantity of the products offered for sale in the
         of paragraph 2 (c), may not exceed 50 % of the
                                                                             Community in accordance with Article 5 during
         level referred to in paragraph 1 (a) or exceed the
                                                                             the same period of three years preceding the year
         average technical costs of processing and storage
                                                                             in respect of which the aid is granted. Aid may
         recorded during the previous fishing year, the
                                                                             not, however, be granted for more than 20 % of
         highest costs being disregarded.
                                                                             the quantity offered for sale during the period in
                                                                             progress,
    5.     The flat-rate aid shall be reduced by the value,
    fixed at a flat rate, of the product when it is disposed
    of as specified in the first indent of paragraph 2 (c).              — for the products it must have been established,
                                                                             under conditions to be laid down, that it
    6.     The Member States concerned shall introduce a                     concerns Community products,
    control system that will guarantee that products for
    which the flat-rate aid is applied for do in fact                    — the products must be stored for a minimum
    qualify for it.                                                          period and then placed on the Community
                                                                              market again.
    For the purposes of this control system, recipients of
    the flat-rate aid shall keep stock records which meet
    criteria to be determined. Member States shall                       3.     The maximum stocking period cannot exceed
    communicate, at intervals to be laid down, to the                    two months.
    Commission a table showing average product and
    category prices recorded at ports or markets.
                                                                         4.     The amount of the aid may not be more than
                                                                         the sum of technical storage costs and interest.
    7.     The Council acting by qualified majority on a
    proposal from the Commission shall decide,
    depending on the alignment of the prices for the                     5.     Detailed rules for the application of this
    species referred to under this Article, on their                     Article, in particular the amount of the private
    inclusion in the list of products in Annex I (A).                    storage aid and the conditions on which it is
                                                                         granted, shall be adopted in accordance with the
     8.    Detailed rules for the application of this Article            procedure laid down in Article 33.'
    shall be adopted in accordance with the procedure
    laid down in Article 33.'
                                                                     (4) Article 17 is replaced by the following:
(3) Article 16 is replaced by the following:
                                                                          'Article 17
     'Article 16
     1.    Private storage aid for the products listed in                 1.    For the tuna listed in Annex III a Community
    Annex II and III may be granted to producers'                        producer price shall be fixed annually; it shall be
    organizations applying the provisions of Article 5 (1)               valid throughout the Community for an entire
    to production and marketing during the current                       marketing year and shall be determined in
    marketing year if                                                     accordance with Article 10 (2).
 ---pagebreak--- 3.6. 87                                 Official Journal of the European Communities                                No C 145/7
    2.     The Council, acting by qualified majority on a               The relationship between the amount of Community
    proposal from the Commission, shall set the                         production and total supply to the Community
    Community producer price referred to in paragraph                   market shall be calculated using the average quantity
     1 before the beginning of each marketing year.                     marketed during the three fishing years preceding
                                                                        that in respect of which the allowance is granted.
    3.     Member States shall notify the Commission of
    average monthly prices recorded at representative                   4. (a) The allowance shall be granted to producers'
    wholesale markets or ports for products as referred                         organizations for all quantities sold and
    to in paragraph 1 that are of Community origin and                          delivered during the period to canneries
    have defined commercial characteristics.                                    located on the customs territory of the
                                                                                Community.
    4.     For the purposes of paragraph 3 the represen-
    tative markets and ports of the Member States shall                     (b) The allowance granted to an organization
    be those where a significant proportion of                                  shall be reduced if the total quantity disposed
    Community production of tuna is marketed.                                   of by it on the Community market exceeds
                                                                                the total quantity disposed of by its members
                                                                                during the same period of the three fishing
    5.     Detailed rules for the application of this
    Article, in particular the conversion factors for the                       years preceding that in respect of which the
    various species, sizes and presentations of tuna and a                      allowance is granted. The rate of reduction
    list of the representative markets and ports referred                       shall be equal to the rate of excess and shall
    to in paragraph 3, shall be adopted in accordance                           apply to all quantities.
    with the procedure laid down in Article 33.
                                                                        5.     The producers' organizations shall apportion
    Article 17a                                                         the allowance granted to their members in pro-
                                                                        portion to the quantities which they produced and
     1.    An allowance shall be granted to producers'                  sold and delivered in accordance with paragraph 4.
    organizations in respect of the products listed in                  If the allowance granted to a producers' organi-
    Annex III if it is found, in respect of a period of time            zation is reduced by application of paragraph 4 (b),
    to be determined, that:                                             that organization shall grant to the relevant members
                                                                        an indemnity equal to this reduction. The indemnity
    — the average selling price          recorded   on    the           shall be financed by a fund created pursuant to
         Community market, and                                          Article 9 (3).
    — the free-at-frontier price mentioned in Article 21                6.     The quantities subject to the scheme referred to
         plus any applicable countervailing charge,                     in Article 14 shall not be eligible for the
                                                                        compensatory allowance.
    are both lower than a triggering threshold of 90 %
    of the Community producer price for the product in
                                                                        7.     The storage aid granted under Article 16 shall
    question.
                                                                        be deducted from the compensatory allowance for
                                                                        the quantities which have benefited.
    2.     The allowance may not exceed:
    — the difference between the triggering threshold                   8.     The Council, acting by qualified majority on a
         and the average selling price recorded on the                  proposal from the Commission, shall adopt general
         Community market, or                                           rules for the grant of the allowance.
     — 10 % of the said threshold, or                                   9.     Detailed rules for the application of this
                                                                        Article, in particular the amount of the allowance
     — for each producers' organization, the difference                  and the rules for its grant, shall be adopted in
         between this threshold and the average selling                  accordance with the procedure laid down in Article
         price realized by that producers' organization.                 33.'
     3.    The allowance shall be reduced in proportion             (5) In Article 19 (1) the figure 'VI' is replaced by 'VII'.
     to any increase in the quantity marketed by
     Community producers for the Community canning
     industry compared with the global development in               (6) In Article 26 (2) the figure '14b' is inserted after
     the use of tuna by that canning industry.                           '14a' and the figure '17' is replaced by '17a'.
 ---pagebreak--- N o C 145/8                             Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s           3.6.87
            (7) A n n e x III is replaced by following:
                 'ANNEX      III
                Tuna, fresh, chilled or frozen, for the industrial manufacture of products falling within heading
                                                 No 16.04 of the Common Customs Tariff
                Description
                A. Species
                     1. Yellowfin tuna (Thunnus albacares)
                         a) weighing more than 10 kg each (');
                         b) not weighing more than 10 kg each (').
                    2. Albacore (Thunnus alalunga)
                         a) weighing more than 10 kg each (');
                         b) not weighing more than 10 kg each (').
                    3. Bluefin tuna (Thunnus thynnus)
                    4. Skipjack (Euthynnus pelamis)
                    5. Other species
                B. Forms of presentation
                     1. Whole
                    2. Gilled and gutted
                    3. Other (for example, 'heads off)
                0) References to weight apply to whole products.'
            (8) T h e following is inserted after A n n e x V :
                 'ANNEX      VI
                                                               Description
                                                                 1. Pollack (Pollachius pollachius)
                                                                 2. Pout (Trisopterus luscus)
                                                                 3. Blue whittling (Micromesistius poutassou)
                                                                 4. Bogue (Boops hoops)
                                                                 5. Picarel (Spicara spp.J
                                                                 6. Conger (Conger conger)
                                                                 7. Gurnard (Trigla spp.j
               Fresh or chilled products falling
                                                                 8. Dab (Limanda limanda)
               withe CCT subheading 03.01 B I
                                                                 9. Lemon sole (Microstomus kitt)
                                                                10. Horse mackerel (Trachurus trachurus and Trachurus
                                                                    mediterraneus)
                                                                11. Mullet (Mugil spp.)
                                                                12. Skate (Raja spp.J
                                                                13. Bluefin tuna (Thunnus thynnus)
                                                                14. Albacore tuna (Thunnus alalunga)
 ---pagebreak--- 3.6. 87                                 Official Journal of the European Communities                                               No C 145/9
         (9) Annex VI becomes Annex VII.
        (10) In the new Annex VII, the section of the Common Customs Tariff chapter covering sub-
              heading 03.01 B I c) is worded as follows:
                                                                                                           Rate of duty
               'CCT heading                                Description                           Autonomous %         Conven-
                    No                                                                               or levy           tional
                                                                                                       (L)               %
                      1                                         2                                       3                 4
                    03.01        B. I. c) Tuna (Thunnus spp. and Eutbynnus spp.):
                   (cont'd)                 1. For the industrial manufacture of
                                                products falling within subheading 16.04
                                                a):
                                                aa) Whole:
                                                     11. Yellowfin tuna (Thunnus         alba-
                                                         cares):
                                                         aaa) weighing more than 10 kg
                                                               each                                25 (b) (c)        22(c)(d)    ,
                                                         bbb) Other                                25 (b) (c)        22 (c) (d)
                                                     22. Albacore (Thunnus alalunga)               25 (b) (c)        22 (c) (d)
                                                     33. Other                                     25 (b) (c)        22 (c) (d)
                                                         aaa) Skipjack (Eutbynnus
                                                               pelamis)                            25 (b) (c)        22 (c) (d)
                                                         bbb) Other                                25 (b) (c)        22 (c) (d)
                                                bb) Gillet and gutted:
                                                     11. Yellowfin tuna (Thunnus
                                                         albacares):
                                                         aaa) weighing more than 10 kg
                                                               each                                25(b)(c)          22 (c) (d)
                                                         bbb) Other                                25 (b) (c)        22 (c) (d)
                                                     22. Albacore (Thunnus alalunga)               25 (b) (c)        22 (c) (d)
                                                     33. Other                                     25(b)(c)          22 (c) (d)
                                                         aaa) Skipjack (Eutbynnus
                                                               pelamis)                            25 (b) (c)        22 (c) (d)
                                                         bbb) Other                                25 (b) (c)        22 (c) (d)
                                                cc) Other (for example, 'heads off):
                                                     11. Yellowfin tuna (Thunnus
                                                         albacares):
                                                         aaa) weighing more than 10 kg
                                                               each                                25 (b) (c)        22 (c) (d)
                                                         bbb) Other                                25 (b) (c)        22 (c) (d)
                                                     22. Albacore (Thunnus alalunga)               25 (b) (c)        22 (c) (d)
                                                     33. Other                                     25 (b) (c)        22 (c) (d)
                                                         aaa) Skipjack (Eythynnus
                                                               pelamis)                            25 (b) (c)        22 (c) (d)
                                                         bbb) Other                                25 (b)'(c)        22 (c) (d)
                                            2. Other                                               25(c)             22 (c) (d)
             (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
             (b) Total suspension for an indefinite period.
             (c) Subject to compliance with the reference price. A countervailing charge is provided for in the case of non-
                 compliance with the reference price.
             (d) Duty exemption in respect of tuna intended for the canning industry, within the limits of an annual tariff quota
                 of 30 000 tonnes to be granted by the competent authorities and subject to compliance with the reference price.
                 Qualification for this quota is governed by conditions to be determined by the competent authorities.'
 ---pagebreak--- No C 145/10                           Official Journal of the European Communities                           3.6. 87
           (11) Annex VII Annex VIII.
                                                          Article 2
           Regulation (EEC) No 1196/76 (') is hereby repealed.
                                                          Article 3
           This Regulation shall enter into force on the third day following its publication in the Official
           Journal of the European Communities.
           However, Article 1 (10) shall apply from the 21st day following publication of this Regulation
           in the Official Journal of the European Communities.
           This Regulation shall be binding in its entirety and directly applicable in all Member States.
           O O J N o L 133,22. 5. 1976, p. 1.
 ---pagebreak---      EUROPEAN COMMUNITIES
             COMMISSION                                                                                                                  COM/A/586
                                                                                      APPLICATION FORM
                PHOTOGRAPH
               (COMPULSORY)                                                  (to be completed in block capitals using black ink)
1. Surname f ) :                                                                       Forenames:
2. Address:                                                                                                                        Telephone number:
     Street:                                                                                              No
     Postal code:                         Town:                                                           Country:
3. Date of birth:                                                                              4. Sex:                         •  Male                   •  Female
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     If yes, state why and in respect of what period (exact dates) and attach the supporting documents specified in the notice of compe-
     tition.
      •   Looking after one or more young children from                                                                 to
                                                                   from                                                 to
                                                                   from                                                 to
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      Place the following numbers (1, 2 or 3) in the appropriate box or boxes:
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                                                                           French      Greek         Italian       Dutch                              Other
          German         English          Danish          Spanish                                                             Portuguese
                                                                                                                                                  (state which)
9. In which newspaper or periodical did you see the advertisement for this competition?
 (1) IMPORTANT: Your application will be registered under this name.
                  Please use it and quote the number of the competition in all correspondence. Any other name (e.g. maiden name) appearing on diplomas or certificates
                  accompanying this application should be indicated below:
 ---pagebreak--- 10.  Education (attach photocopies of certificates):
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            Name and address of establishment                          Years of study          Certificates and/or diplomas obtained. State official length of course and
                      (town and country)                           from                                                     main subjects
                                                                                    to(')
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         Name and address of university or other                       Years of study
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                      (town and country)                           from             to(')                                     subjects
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 ---pagebreak--- 13. Career to date:
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                          1. Present or most recent post                                               2. Previous post
                                                   Gross monthly                                                         Gross monthly
              Dates                                                                 Dates
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                                (months)       At the           On                                    (months)       At the            On
        from           to                    beginning        leaving         from           to                     beginning        leaving
       ./   /.      ./    /.                                                 ./   /.      ./     /.
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 ---pagebreak--- 14.     Period of notice required to leave your present post:
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DECLARATION
I, the undersigned                                                                                                                       ,
declare on my word of honour that the information provided above is true and complete. I further declare on my word of honour that:
  (i) I am a national of one of the Member States and enjoy my full rights as a citizen;
 (ii) I have fulfilled any obligations imposed on me by the laws concerning military service;
(iii) I meet the character requirements for the duties involved.
I undertake to produce on request supporting documents in respect of points (i), (ii) and (iii) above and accept that failure to do so may
invalidate this application.
I am willing to undergo the compulsory medical examination to ensure that I am physically fit to perform the duties involved.
                                         Date and signature:
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 ---pagebreak---                 COMMISSION
                    OF THE
        EUROPEAN COMMUNITIES
             Directorate-General
      for Personnel and Administration
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                                                                          (Name)
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To be completed by the administration
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                    for open competition COM/A/5 8 6
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                                          Please quote the number of the competition.
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 ---pagebreak---