CELEX: 51982PC0240
Language: en
Date: 1982-05-05
Title: Proposal for COUNCIL REGULATION (EEC) laying down general rules for the granting of a special carry-over premium for Mediterranean sardines and anchovies (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 240
Vol. 1982/0095
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(82)240 final
                                                 Brussels , 5 May 1982
                            Proposal for
                       COUNCIL REGULATION ( EEC )
          laying down general rules for the granting of a
          special carry-over premium for Mediterranean
                         sardines and anchovies
                                  , i i . i 2 r>
                                              i
            ( submitted to the Council by -the Commission )
                           F? <-i            -■       !
                                      «-> =         O
                            Y^.       <:n ^      .; V
  C0M(82 ) 240 final
 ---pagebreak---                              EXPLANATORY  MEMORANDUM
I. The special carry-over premium for Mediterranean sardines and anchovies
The sardine and anchovy sector in the Mediterranean areas of the Community is facing
particular difficulties , including competition from certain non-member countries .
The development of producers' organizations in these areas could also be improved *
For these reasons . Article 14(3 ) of Council Regulation ( EEC ) No 3796 / 81 of
                                                                                   1
29 December 1981 on the common organization of the market in fishery products
provides for the introduction , , for a period of four years , of a special carry-over
premium for sardines and anchovies caught in Mediterranean areas .
In this context , the Commission proposes the introduction of arrangements based on
contracts linking producers' organizations and processors in the Community , with a
view of promoting the marketing of products processed in accordance with Article
14(5 ) of the basic Regulation .     To encourage producers' 'organizations to make use
of this measure , the Commission proposes that processors should pay the producers'
organizations an adequate minimum price for deliveries under these contracts .       The
minimum price must be not less than Community withdrawal price plus a sum to be
determined in accordance with , the procedure of the Management Committee for
Fisheries Products in the light of the trend on the market for the products in
question .
To support the activities of producers' organizations , provision has been made so
that the special carry-over premium may also be paid to producers' organizations
which themselves submit the products in question to one or more of the specified
forms of processing or which hand the products over to manufacturers for this
purpose .
In Greece there are not yet any producers' organizations .       The Commission proposes
therefore that , for a transitional period of two years , contracts may be concluded
between processors , on the one hand , and producers established in Greece who are
not members of a producers' organization , on the other .
  OJ No L 379 , 31 . 12.1981 , p.1 .
 ---pagebreak---  It is proposed that only the top qualities and the sizes suitable for the specified
forms of processing should qualify for the special carry-over premium .
The Commission proposes that the Council should , in the first instance , fix the
amount of the special carry-over premium by reference to processing costs and the
need to ensure that the o/emiQms constitute sufficient incentive for the processing
of the products in question .  The Commission has included a provision , however ,
whereby the amount may be reviewed in accordance with the Management Committee pro­
cedure in the light of the trend in the difference between the supply costs of the
industry in the Community and in the main non-member countries supplying the
Community , the trend in processing costs in the Community and the budgetary aspects
of the measure .
Given the various types of processing for these products , the Commission proposes
that the special premium should be set at two distinct level §.
II . Budgetary aspects
The budgetary aspects of the special carry-over premium were already taken into
account in the context of the basic Regulation .     The Council and the Commission
declared that the cost of the premium system should not exceed 2 million ECU per
year .  The Commission  considers that the system will cost more than would intei–
vention on the market for fishery products if no such system were introduced ; in
other words , there will be net expenditure , even taking account of the probable
reduction in withdrawals from the market .    Such is the context for the levels at
which the Commission proposes to set the ; premium .
 ---pagebreak---                                      proposal for
                      COUNCIL REGULATION ( EEC ) :
            laying down general rules for the granting of a special
            carry-over premium for Mediterranean sardines and anchovies
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community ,
                                     t
Having regard to Council Regulation ( EEC ) No 3796 / 81 of 29 December 1981 on the
                                                         1
common organization of the market in fishery products , and in particular Article
14(6 ) thereof .
Having regard to the proposal from the Commission ,
Whereas the Mediterranean sardine and anchovy sector is facing particular difficul­
ties on the internal market and severe competition from certain non-member countries
whereas , in these circumstances , Article 14 of Regulation ( EEC ) No 3796 / 81 provides
for the granting of a special carry-over premium for the processing of sardines and
anchovies caught in Mediterranean areas , with a view to promoting the marketing of
these products and thus helping to reduce withdrawals from the^market by producers'
organizations ;
Whereas these arrangements should apply to those categories of the products in
question which are most likely to be marketed without difficulty once they have been
processed ;
Whereas provision should be made for a system of contracts between the producers'
organizations and processors in the Community , to ensure that the processing indus­
try receives regular supplies and that the producers' organizations receive an !
adequate minimum price ;
  OJ No L 379 , 31 . 12.1981 , p.1 .
 ---pagebreak---                                    «< /
Whereas , to support the activities of the producers' organizations , provision should
lalso be made for the granting of a special carry-over premium to the organizations
concerned in respect of the quantities processed either directly by these organiza­
tions or on their responsibility ;
Whereas , since no producers' organizations yet exist in Greece , provision should be
made for the granting , ove ; a two-year period , of a special premium to processors
who conclude contracts with individual producers established in Greece but not
belonging to a producers' organization who have undertaken the activities described
in Article 3 ;
Whereas , to ensure the proper operation of the premium system , the Member States
should introduce arrangements for its supervision ; whereas , for the purposes of such
supervision , the parties concerned should keep stock accounts ;                      i
                                                                                      I
Whereas the amount of the special premium should be fixed at a level which repre­
sents sufficient incentive for the processing of the products in question ; whereas ,
however , provision should be made so that this amount may be reviewed under a
simplified procedure ;
Whereas the special carry-over premium cannot be paid until the Member States have
established that all the relevant conditions have been fulfilled ; whereas , however ,
to facilitate the implementation of the system , provision should be made so that
advances may be granted in exchange for the lodging of a security ,
                                                                    *•
HAS ADOPTED THIS REGULATION   :
                                        Article 1
This Regulation lays down the general rules for the granting of the special carry-
over premium for sardines and anchovies caught in Mediterranean areas , as referred
to in Article 14(3 ) of Regulation ( EEC ) No 3796 / 81 , hereinafter  referred to as the
basic Regulation .
                                        Article 2
The special carry-over premium shall be granted only in respect of those products :
- which , save as otherwise provided in Article 3(2 ), have been caught by a member
   of a producers' organization ;
 ---pagebreak---                                             - 3 -
    " which » 8t1ify the regui rementu as to freshness , slie and presentation laid down
        in the Annex .          - However , these requirements may be reviewed to take account
        of trends in the production and marketing of the products in question , in accor­
        dance with the procedure laid down in Article 33 of the basic Regulation ;
                              a" Continuous and
    - which are subjected , in /irreversible manner , to one or more of the forms of
        processing listed in Article 14(5 ) of the basic Regulation .
                                              Article 3
1 . The special carry-over premium shall be granted :
    ( a ) to Community processors wha have concluded with a producers' organization a
         - purchase contract whereby the price paid for the products referred to in the
           Annex is not less than the minimum price referred to below ;
    Cb ) to producers' organizations which subject the products in question to one or
           more of the forms of processing listed in Article 14(5 ) of the basic Regulation
           or which hand the products in question over to a manufacturer in order that they
           may undergo one or more of the said forms of processing .
    The minimum price referred to in ( a ) shall be equal to the Community withdrawal price ,
    plus an amount to be determined in accordance with ttae procedure laid down in
    Article 33 of the basic Regulation in the light of the foreseeable trend on the
    market for the products in question .
2 . By way of derogation from paragraph 1(a ) and for a period of two years following the
    date of entry into force of this Regulation , the premium shall also be granted to
    processors who conclude contracts of the kind specified in the' said paragraph with
    producers established in Greece but not belonging to a producers' organization .
                                              Article 4
1 . The Member States concerned shall introduce a system of inspection to ensure that
    the products in respect of which application has been made for the premium do in
    fact qualify for the latter .
2 . For inspection purposes , the recipients of the premium shall keep stock accounts .
 ---pagebreak---                                         - L -
                                            Ar < 1 c l e 5
1 . The contracts referred to in Article 3(1 ) ( a ) and ( 2 ) shall be concluded for a
    minimum period to be determined in accordance with the procedure laid down in
    Article 33 of the basic Regulation and shall specify the quantities broken down by
    category of products , the spread of deliveries and the purchase prices . Once con­
    cluded , the contracts shall be forwarded to the authority responsible for inspec­
    tions .                           i
2 . In the cases referred to in Article 3(1)(b ), the producers * organizations shall
    inform the authority responsible for inspections , at intervals to be determined in
    accordance with the procedure laid down in Article 33 of the basic Regulation , of
    the quantities of sardines and anchovies offered for sale and of the quantities
    processed by the organizations themselves or handed over to manufacturers for pro­
    cessing .
                                            Article 6
    The amounts of the special carry-over premium shall be as specified in the Annex .
               These amounts may be reviewed in accordance with the procedure laid down
    in Article 33 of the basic Regulation , account being taken of :
    - the trend in the di f ference between the supply costs of the industry in the
        Community and those of the main non-member countries supplying the Community;
    - the trend in processing costs' within the Community .
                                                                          *
                                            Article 7
    In cases where a product undergoes two or more successive forms of processing , the
    premium shall be paid only once .
                                            Article 8
1 . The special carry-over premium shall be paid to the parties concerned on application
    once the inspection authorities in the Member State where processing takes place
    have established that :
    ( a ) in the cases referred to in Article 3(1 ) ( a ) and ( 2 ), the processor has paid
                                         a price not less than the minimum price , or, in the
          cases referred to in Article 3(1 ) ( b ), the party concerned has complied with the
          obligation laid do -n in Article , 5 ( 2 );
 ---pagebreak---                                         - 5 -
 <b) the quantities in respect of which application has been made for the premium
     have been processed in accordance with the conditions Laid down in this
     Regulation .
However , at intervals to be determined , advances shall be granted on application
to the producers' organization or processor concerned , provided that they lodge a
security equal to the sum advanced plus a percentage to be determined on the basis
of the commercial interest rates applicable in the Community .
                                    Article 9
This Regulation shall enter into force on
It shall apply for four years following the date of its entry into force *
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at Brussels ,                                For the Council
                                                  The President
                      V'■
 ---pagebreak---                                           ANNEX
      I. List of products
                                                                      Presen­
  CCT heading no            Description of goods        Freshness                    Size
                                                                      tation
                                                            <1 >                     (1 )
                                                                         (1 )
ex 03.01 Bí ( d)1         Mediterranean sardines           E' A        whole          3
                          ( Sardina pi^chardus )
ex 03.01 8 1 < p)1        Mediterranean anchovies          E, A        whole         3, 4
                          ( Engraulis sp.p .)
      II . Amounts of the special carry-over premium
                  ^Types of processing referred to in Article 14  Amount for the products
                   of the basic Regulation                        noted under point I.
                                      <
                        Production of preserved goods falling          80 ECU / tonne
                        within Common Customs Tariff heading
                        no 16.04
                        Other types of processing                       40 ECU / tonne
 (1 )   The freshness , size and presentation categories are those defined pursuant to
        Article 2 of Regulation ( EEC ) No 3796 / 81 .
 ---pagebreak---                     FINANCIAL             STATEMENT
                                                                                  3 DATE 1   23.3.1982
 i.            UKI eeiioMno • Aft * 401 s in*«™»ntleri for fishery products
                                                                     Appropriations for 1982 ; 13.75 m ECU
 z. ACTION j Draft Regulation implementing Reg . N <? 3796 /81 on the common organization
     of the market in fishery products as regards the granting of a special carry-over
     premium for sardines and anchovies .
 3. LEGAL BASIS > Regulation No 3796 / 81 on the common organization of the market in
                        fishery products
 4. OBJECTIVES t Implementation of new arrangements concerning special carry-over
                        premiums for Mediterranean sardines and anchovies .
 5 . FXMA3CXAL CCKSÏXyjLHCE                  W>R THE KAHKETIKC YEAH      CURH3J? PXNAXCXAX. YEAH  IFCIXCWING FINANCIAL YEAH
 5.0 EXF ~.'DITL'?,S                                                            (    >               –    L_        )
      -CRAilCdD TO TiiE EC BUDGET
        ( RS-U:I J5/I NTERVENTI O:;S )            + 1 m ECU                  + 1 m ECU                    + 2 m ECU
      –CHABCE3 TO KATIOKAL AOÎIKXSTR .
      -CHARGED TO OTHER NATIONAL CROUPS
 5.1 RECEIPTS
      - OA'N RESCUaCSS Or T :-S ES
        ( LEVIXS/ CJSTCKS DUTIES )
      -KATI O; IAL                               token entry                 token entry                 token entry
                                             TEAS                        YEAR ....I?.8.5..,        YEAS ..J 7.8.6.
  5.0.1 PUIRIA.'.'WAL FATTEHH OF EXPENDITURE
  5.1.1 PUJRIA.VWUAL PATT2UJ OK RECEIPTS          + 2 M ECU                  + 2 (I) ECU                  + 2 m ECU
  5.2 XETiiOD OP CALCULATION
                         The additional expenditure entailed by the special carry-over
                         premium was already taken into account in the context of Reg .
                         No 3796 / 81 , the new basic Regulation .
  6.0 FINANCING POSSIBLE KITH CREDITS IiiSCRIBED IK RELEVANT CHAPTER 0? CURRENT BUDGET T                        YES/OO
  6.1 ?:!.'Aj;CISG PCSSISLi. 3Y TRACER          CHAPTERS OF CUR.HE-N'T B'JDGET 1                                2C2SO0
  6.2 .\ 2Ci£3ITY FOR A SUFPLES.'TARY BUDGET ?                                                                  JTS3y.N0
  6.3 CRZJITS TO Bi' WRITTEN If.TO FUTURE BUDGETS ?                                                             YEVJiS
  C0ZX2."S »
                                           /
                                         r*
I