CELEX: 31971R0697
Language: en
Date: 1971-03-31 00:00:00
Title: Regulation (EEC) No 697/71 of the Commission of 31 March 1971 on the disposal of certain fishery products which have been the subject of measures to stabilise the market

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31971R0697

Regulation (EEC) No 697/71 of the Commission of 31 March 1971 on the disposal of certain fishery products which have been the subject of measures to stabilise the market  

Official Journal L 077 , 01/04/1971 P. 0069 - 0070 Danish special edition: Series I Chapter 1971(I) P. 0171  English special edition: Series I Chapter 1971(I) P. 0190  Greek special edition: Chapter 04 Volume 1 P. 0012 

++++ ( 1 ) OJ N L 236 , 27 . 10 . 1970 , P . 5 .  REGULATION ( EEC ) N 697/71 OF THE COMMISSION  OF 31 MARCH 1971  ON THE DISPOSAL OF CERTAIN FISHERY PRODUCTS WHICH HAVE BEEN THE SUBJECT OF MEASURES TO STABILISE THE MARKET  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 2142/70 OF 20 OCTOBER 1970 ( 1 ) ON THE COMMON ORGANISATION OF THE MARKET IN FISHERY PRODUCTS , AND IN PARTICULAR ARTICLE 7 ( 5 ) , ARTICLE 10 ( 5 ) AND ARTICLE 11 ( 5 ) THEREOF ;  WHEREAS ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) N 2142/70 PROVIDES THAT THE DISPOSAL OF PRODUCTS WITHDRAWN FROM THE MARKET MUST BE DETERMINED BY PRODUCERS' ORGANISATIONS IN SUCH A WAY AS NOT TO INTERFERE WITH NORMAL MARKETING OF THE PRODUCT IN QUESTION ;  WHEREAS ARTICLE 10 OF THAT REGULATION WHICH LAYS DOWN THE CONDITIONS UNDER WHICH THE FINANCIAL COMPENSATION MAY BE GRANTED REPEATS THIS REQUIREMENT FOR THE DISPOSAL OF CERTAIN PRODUCTS ;  WHEREAS SARDINES AND ANCHOVIES BOUGHT IN BY MEMBER STATES PURSUANT TO ARTICLE 11 OF THAT REGULATION MUST , UNLESS AN EXCEPTION IS MADE , BE FOR PURPOSES OTHER THAN HUMAN CONSUMPTION ;  WHEREAS MEASURES TO STABILISE THE MARKET CAN BE FULLY EFFECTIVE ONLY IF THE PRODUCTS WITHDRAWN OR BOUGHT IN ARE NOT REINTRODUCED INTO THE USUAL MARKET OUTLET FOR THESE PRODUCTS ; WHEREAS ANY USE WHICH COULD , BY SUBSTITUTION , INFLUENCE CONSUMPTION OF PRODUCTS WHICH HAVE NOT BEEN THE SUBJECT OF MEASURES TO STABILISE THE MARKET MUST THEREFORE BE RULED OUT ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR FISHERY PRODUCTS ;  HAS ADOPTED THIS REGULATION :  ARTICLE 1  FISHERY PRODUCTS WITHDRAWN FROM THE MARKET BY PRODUCERS' ORGANISATIONS PURSUANT TO ARTICLE 7 OF REGULATION ( EEC ) N 2142/70 , AS WELL AS SARDINES AND ANCHOVIES BOUGHT IN UNDER ARTICLE 11 OF THAT REGULATION , SHALL , UNLESS A SPECIAL AUTHORISATION IS GIVEN , BE DISPOSED OF IN ONE OF THE FOLLOWING WAYS :   ( A ) DISTRIBUTED FREE OF CHARGE IN THE NATURAL STATE TO CHARITABLE SOCIETIES OR INSTITUTIONS OR TO PERSONS WHO , BECAUSE OF INADEQUATE INCOMES , ARE RECOGNISED BY DOMESTIC LAW AS BEING ENTITLED TO PUBLIC ASSISTANCE ;   ( B ) USED IN A FRESH OR PRESERVED STATE AS ANIMAL FEED ;   ( C ) USED , AFTER PROCESSING INTO MEAL , AS ANIMAL FEED ;   ( D ) USED FOR PURPOSES OTHER THAN FEED .  ARTICLE 2  1 . THE FREE DISTRIBUTION REFERRED TO IN ARTICLE 1 ( A ) SHALL BE THE RESPONSIBILITY OF MEMBER STATES .  2 . DISPOSAL OF THE PRODUCTS AS INDICATED IN ARTICLE 1 ( B ) , ( C ) AND ( D ) SHALL BE EFFECTED BY MEANS OF A PUBLIC SALE AT WHICH PURCHASERS MUST SPECIFY THE USE TO WHICH PRODUCTS PURCHASED ARE TO BE PUT .  3 . AN INVOICE SHALL BE ISSUED IMMEDIATELY FOLLOWING THE PUBLIC SALE REFERRED TO IN PARAGRAPH 2 . IT SHALL INDICATE THE VENDOR , THE PURCHASER , THE USE TO WHICH THE PRODUCTS ARE TO BE PUT AND THE SELLING PRICE . A COPY OF THIS INVOICE SHALL BE KEPT AT THE DISPOSAL OF THE MEMBER STATE BY THE AGENCY WHICH HAS CARRIED OUT THE PUBLIC SALE .  ARTICLE 3  MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO PREVENT AND PROSECUTE INFRINGEMENTS OF RULES LAID DOWN BY THIS REGULATION . THEY SHALL ENSURE THAT PRODUCTS DISPOSED OF ARE NOT DIVERTED FROM THE USE SPECIFIED .  ARTICLE 4  EVERY SIX MONTHS MEMBER STATES SHALL SUBMIT TO THE COMMISSION A TABLE INDICATING FOR EACH PRODUCT AND FOR EACH OF THE OPTIONS REFERRED TO IN ARTICLE 1 THE QUANTITIES DISPOSED OF DURING THE PRECEDING HALF-YEAR AND THE AVERAGE PRICES OBTAINED .  ARTICLE 5  THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .  DONE AT BRUSSELS , 31 MARCH 1971 .  FOR THE COMMISSION  THE PRESIDENT  FRANCO M . MALFATTI