CELEX: 51976PC0196
Language: en
Date: 1976-04-30
Title: Proposal for a COUNCIL REGULATION (EEC) laying down general rules for granting compensation to producers of tunny for the canning industry (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 196
Vol. 1976/0061
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(76)196 final.
                                          Brussels , 30 April 1976
                            Proposal for a
                       COUNCIL REGULATION ( EEC )
  laying down general rules for granting compensation to producers
                  of tunny for the canning industry
             ( submitted to the Council "by the Commission )
                             \                      1
                   [
  CGM(76 ) 196 final .
 ---pagebreak---                  EXPLANATORY MEMORANDUM
Article 1 6 of Council Regulation (EEC) No 100/ 76 on the organisation
of markets in the fishery products sector allows for the granting of .
compensation , if necessary , to Community tunny producers for tunny
intended for industrial purposes . Since the general rules , established
by Regulation (EEC) No IO9/76 on the granting of compensation have
been shown to be ineffective , it is necessary to cancel this rules
and to replace them with a more efficient system.
 ---pagebreak---                    Proposal for a
         COUNCIL REGULATION (EEC )
  laying down general rules for granting compensation to producers
                of tunny for the canning industry
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,     '
Having regard to Council Regulation (EEC ) NO IOO/76 of 19 January 1976
                                                               (1 )
 on the common organization of the market in fishery products       , and in
particular Article 16 ( 5) thereof,
Having regard to the proposal from the Commission ,
Whereas Article 16 (l ) of Regulation (EEC ) No IOO/76 provides that
 compensation may be granted if necessary to Community producers of tunny
in respect of tunny intended for the canning industry ; whereas this
measure is intended to offset any disadvantages which the system applicable
to imports might present for Community producers } whereas , since Community
 production of tunny is inadequate , the application of the Common Customs
Tariff duties has been suspended so that conditions of supply comparable to
 those ruling in exporting third countries can be maintained for food
"processing industries using these products j whereas , consequently , a fall
 in the import price could constitute a direct threat to producers' incomes ;
 Whereas the extent to which this threat materializes can be assessed by
 reference to a Community price level which is representative of a normal
 market situation and whereas the Community producer price of tunny must
therefore be fixed prior to the opening of the fishing year for a product
with given commercial specifications ;
 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 Community produce and whereas the producer
 prices actually recorded for each of the species must therefore be adjusted to
 the particular species and presentation adopted as the basis for fixing the
 Community producer price ;                                                /
 fy OJ No L 20 , 28.1.1976, p. 1.
 ---pagebreak--- 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 from application of the rates of duty of the Common Customs Tariff
and , on the other , "by reference to the level of the Community producer price
which is representative of a normal market situation , allowance "being made
for the normal range of price fluctuations ;
Whereas the situation on the tunny market changes considerably according
to the pattern of landings "by Community fishermen and to actual import
opportunities which in turn largely depend on catches "by exporting third
countries and whereas the market situation must therefore "be reviewed each
month with a view to the granting of compensation j
Whereas the general rules for granting compensation to producers of tunny
for the canning industry laid down in Council Regulation (EEC) No 109/76
of 19 January 1976 ^^ ; have proved ineffective ; whereas the said Regulation
should therefore "be repeal ed and replaced by a more effective system better
adapted towards production and the market situation ,
HAS ADOPTED THIS REGULATION :
                             Article 1
For the products listed in the Annex , the Community producer price referred
to in Article 16 (4) of Regulation (EEC) NO IOO/76 shall be fixed before the
beginning of the fishing year for the entire fishing year or for each of the
periods into " which the fishing year is subdivided ,. This price shall apply to
yellows-finned tunny presented 'whole 1 , weighing less than 10 kg each#
The fishing year for tunny shall begin on 1 January and end on 31 December
each year ; the subdivision referred to in the preoeding paragraph may be
made according to species *
                             Article 2
For each of the products listed in the Annex , an average Community market
price shall be established each month on the basis of the weighted average
of the mean monthly prices recorded for each product , such average being
adjusted for any differences in species or presentation by reference to the
species and presentation for which the Community producer price has been
fixed.                                                                  /
                                                                       •/ •
^ 0J No L 20 , 28.1.1976. p. 46.
 ---pagebreak---                           Article 3
For each of the products listed in the Annex the compensation referred to in
Article 16 ( l ) of Regulation (EEC ) No IOO/76 shall "be granted to Community
producers of tunny if , at the same time , the average quarterly Community
market price and the entry price referred to in Article 19 ( 3 ) of the said
Regulation for this same product of for the product used to fix the Community
producer price , increased where appropriate by the countervailing     charge
levied on it , calculated for the same period or , failing this for the last
period for which prices were recorded, are less than 90 $ of the Community      '
producer price .
                          Article 4
Compensation shall he granted only if an examination reveals that the situation
recorded on the Community market is the consequence of the level of world market
prices for tunny and that a drop in the Community market price is not caused hy an
abnormal, increase in the quantities produced .
                          Article 5
The compensation shall not exceed the difference "between the Community producer
price and the price actually applied by the Community producer for all the
quantities of tunny delivered to the canning industry during the three-month
period for which prices have been recorded. It may not , however , exceed the
difference between the Community producer price and the average quarterly
Community market price .
                          Article 6
The compensation shall be paid on application by the producer.
                          Article 7
The following shall be adopted in accordance with the procedure laid down in
Article 32 of Regulation (EEC ) No IOO/76 ;
- detailed rules for the application of this Regulation and , in particular, roles
  concerning the adjustments referred to in Artisl'a 2 which are to be made to
the weighted average of mean monthly prices :
- the level    of the compensation.
 ---pagebreak---                                                                              4
                        Article 8
Council Regulation (EEC) NO 109/76 OF 19 January 1976 is hereby repealed#
                        Article 9
This Regulation shall enter into force on the third day following its publication
in the Official Journal of the European Communities *
This Regulation shall he binding in its entirely and directly applicable in all 7
Member States *
Bone at Brussels .                                       For the Council
 ---pagebreak---                         ANNEX
Yellow-finned tunny           (Neothynnus albacora, Thunnus al'bacares)
Long-finned tunny             ( Thunnus alalunga)
Blue-finned tunny             ( Thunnus thynnus )
Big-eyed tunny , Patudo       ( Parathynnus o*besus , Parathynnus macropterus)
Skipjack , Listao             (Euthynnus pelamis , Katsuwonus pelamis )
Little tunny                  (Euthynnus alletteratus )
 ---pagebreak---                                                                                      Annex to Doc.
               FINANCIAL                STATEMENT
                                                                                     Date        26.4.76
 1,  Una of the ftidget concerned :     . +•                                           '
                                        Article 7119 other fishery intervent 10ns
2# Title of the action z Proposal for a Council Regulation laying down general rules for ; j
                             granting compensation to producers of tunny for the canning industj
3.   Legal basis :
                             Article 16 ( 5) of Council Regulation (EEC ) No IOO/76
     Objectives of the action .            laying down of general rules on the granting of
                                compensation to producers of tunny intended for the canning
                                industry
5.0   Cost of the action                             during the caopaign      current exercise ( 75 ) following exercls8{ 77 ]
        charge to the EC Budget                                0
        charge to the national adninistrations
        charge to other national sectors
5.1 Miinated costs         Year .1277..         Year .. 137.8       Year 19.7.9..
5.2   Method of calculation
                                 In consideration of the past and present market prices in
                                 question , it is possible to assume the costs of the measure
                                 to he nil .         In the theoretical case of there "being intervention
                                 the mechanism laid down "by the regulation will limit costs to
                                 a maximum of 500.000 ua .. ( on the "basis of 10.000 t ).                         ( see
                                 also doc . COM(75 ) final or R. 2910/75 )
6.1   PossibTrftnancing bj^credits written into the relative chapter of the current Budget               .       '
                         Yes                Ntr –
6.2   Possible financing by transfersbgtseen-tha  pîéri^MhTwrren^ijdger "                     _
               ––        Yes                No
6.3   Necessity for a supplementary Budget .             Yes              No
6.4   Credits to be written into future budgets
Consents :