CELEX: 31970R2142
Language: en
Date: 1970-10-20
Title: Regulation (EEC) No 2142/70 of the Council of 20 October 1970 on the common organisation of the market in fishery products

Official Journal of the European Communities                                  707
  27.10.70                              Official Journal of the European Communities                          No L 236/5
                                   REGULATION (EEC) No 2142/70 OF THE COUNCIL
                                                      of 20 October 1970
                              on the common organisation of the market in fishery products
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas it is desirable to make provision under the
                                                                   rules regulating the market for measures which
  Having regard to the Treaty establishing the                     would make it possible to adjust supply to market
  European Economic Community, and in particular                   requirements and to guarantee, as far as possible, a
  Articles 42 and 43 thereof;                                      fair income to producers ; whereas, given the special
                                                                   features of the market in fishery products, the
  Having regard to the proposal from the Commission ;              formation of producers' organisations whose
                                                                   members would be bound by certain rules, notably in
  Having regard to the Opinion of the European                     the matter of production and marketing, would
  Parliament1 ;                                                    contribute to the attainment of these objectives ;
  Having regard to the Opinion of the Economic and
  Social Committee2 ;                                              Whereas it . is desirable to adopt provisions to
                                                                   facilitate the formation and operation of these
  Whereas the operation and development of the                     organisations and the investment entailed in applying
  common market in agricultural products must be                   their common rules ; whereas to this end Member
  accompanied by the establishment of a common                     States should be allowed to make aid available to
  agricultural policy ; and whereas the latter must                them, this aid being partly financed by the
  include in particular a common organisation of                   Community; whereas, however, the amount of this
  agricultural markets, which may take various forms,              aid should be limited ; whereas it should also be
  depending on the products concerned ;                            temporary and degressive so that the financial
                                                                   responsibility of producers will gradually increase ;
  Whereas the fishing industry is of special importance
  to the agricultural economy of certain coastal regions           Whereas in order to cope with market situations
  of the Community ; whereas that industry provides a              which, in the case of certain fishery products of
. major part of the income of fishermen in these                   special importance to producers' incomes, are likely
  regions ; whereas it is therefore advisable to                   to lead to prices which might cause disturbances on
  encourage rational marketing of fishery products and             the Community market, a guide price which is
  to ensure market stability by appropriate measures ;             representative of production areas in the Community
                                                                   and which will be used to determine price levels, for
  Whereas one of the steps to be taken to implement                intervention on the market must be fixed for each of
  the common organisation of the market is the                     these products ;
  application of common marketing standards to the
  products concerned ; whereas application of these                Whereas, in order to stabilise prices, producers'
  standards should have the effect of keeping products             organisations should be able to intervene on the
  of unsatisfactory quality off the market and                     market, notably by applying a withdrawal price
  facilitating trade relations based on fair competition,          below which their members' products are withdrawn
  thus    helping to improve          the profitability    of      from the market;
  production;
  Whereas the application of these standards calls                 Whereas it is appropriate in specific cases and under
  for the inspection of the products subject to them ;             certain conditions to support the activities of
  whereas provision should therefore be made for such              producers' organisations by providing financial
                                                                   compensation for quantities withdrawn from the
  inspection ;
                                                                   market;
   1 OJ No C 116, 8.11.1968 , pp . 3 and 11 .                      Whereas it is advisable, to avoid a slump in sardine
  2 OJ No C 76, 17.6.1968, p . 11 .                                and anchovy prices, that sardines and anchovies of
 ---pagebreak--- 708                                 Official Journal of the European Communities
Community origin, conforming to common                         is necessary in these circumstances to allow Member
marketing standards, should be bought in by agencies           States to maintain for those products the quantitative
designated for this purpose by Member States ; '               restrictions  which     result   from their   national
                                                               arrangements ;
Whereas, where prices for certain frozen products
show a definite tendency to decline, provision should          Whereas, in addition to the system described above,
be made for the possibility of granting private storage        and to the extent necessary for its proper working,
aid to producers for such products originating in the          provision should be made for regulating or, when the
Community ;                                                    situation on the market so requires, prohibiting the
                                                               use of 'inward processing arrangements'; whereas it is
                                                               also desirable that refunds should be so fixed that
Whereas a fall in import prices for tunny for the
canning industry might threaten the income level of            Community      raw materials used by processing
                                                               industries in the Community with a view to export
Community producers of this product ; whereas
provision should therefore be made for compensation            are . not placed at a disadvantage by inward
to be granted to these producers when necessary ;              processing arrangements which might induce these
                                                               industries to give preference to raw materials
                                                               imported from third countries ;
Whereas provision should be made for a study in
due course of the different forms taken by the                 Whereas it is necessary, to prevent competition
intervention system to enable the necessary steps to           between Community undertakings being distorted on
be taken to make producers' organisations financially          external markets ; whereas equal conditions of
responsible for the intervention system ;                      competition must therefore be established by a
                                                               Community system which would provide for the
Whereas action should be taken with regard to                  optional granting of refunds on exports to third
abnormally priced imports of certain products from             countries to the extent necessary to safeguard
third countries to prevent disturbances on Community           Community participation in international trade in the
markets ;                                                      products concerned where these exports are of
                                                               economic importance ;
Whereas, for most products, the system thus
introduced will make it possible to abolish all ,              Whereas the levying of any customs duty or charge
quantitative restrictions at the external frontier of the      having equivalent effect and the application of any
Community and to apply only the duties in the                  quantitative restriction or measure having equivalent
Common Customs Tariff; whereas this machinery                  effect are prohibited in the internal trade of the
might prove inadequate in exceptional circumstances ;          Community by the provisions of the Treaty ; whereas
whereas, so as not to leave the Community market               the establishment of a common organisation of the
without defence against disturbances which may arise ,         market in fishery products also entails the abolition
in such cases after the import barriers which existed          of charges having an effect equivalent to customs
previously have been removed, the Community                    duties and quantitative restrictions or measures
should be enabled to take all necessary measures               having equivalent effect which formed an integral
without delay;                                                 part of national organisations of the markets in
                                                               fishery products ; whereas, finally, the Council
                                                               Decision of 20 December 1969 1 on the minimum
Whereas, however, it is in the Community interest              price system will cease to apply to fishery products
that application of Common Customs Tariff duties               from the date on which measures for the common
should be totally suspended for certain products ;             organisation of the market in these products are
whereas, since Community production of herring and             applied ;
tunny is inadequate, conditions of supply comparable
to those ruling in exporting third countries should be         Whereas the establishment of a single market based
maintained for food processing industries using these          on a common price system would be jeopardised by
products so as not to hinder their development in the          the granting of certain aids ; whereas, therefore, the
context of international conditions of competition ;           provisions of the Treaty whereby aids granted b'y
whereas any disadvantages which this system might              Member States can be examined and those which are
present for Community tunny producers could be                 incompatible with the common market prohibited,
offset by payment of the indemnities envisaged for             should be made to apply to the fishing industry ;
this purpose ; whereas for social reasons the
maintenance of traditional supplies of basic                   Whereas the transition from the system now in force
foodstuffs, such as salted and dried cod, is also              to that established by this Regulation should be
justified ;                                                    effected as smoothly as possible ; whereas certain
Whereas it is not yet possible to define Community
import arrangements for certain products; whereas it           1 OJ No L 328, 30.12.1969, p. 11 .
 ---pagebreak---                                          Official Journal of the European Communities                                  709
transitional measures may prove necessary to this                                           TITLE r
end ; whereas provision should therefore be made for
the possibility of adopting such transitional
measures ;
                                                                                      Marketing standards
Whereas the common organisation of the market in                                            Article 2
fishery products must take appropriate account, at
the same time, of the objectives set out in Articles 39             1 . Common marketing standards , and the scope of
and 110 of the Treaty;                                              such standards may be determined for the products
Whereas        implementation          of      this  common         listed in Article 1 or groups of these products . These
organisation must also take account of the fact that it             standards may cover in particular classification by
is in the Communitv interest to preserve fishing                    quality, size or weight, packing, presentation and
grounds as far as possible ;                                        labelling.
Whereas, in order to facilitate implementation of the               2.    When     standards    have   been  adopted,   the
proposed measures, a procedure should be provided                   products to which they apply may not be displayed
for establishing close co-operation between Member                  for sale, offered for sale, sold or otherwise marketed
States and the Commission within a Management                       unless they conform to these standards, subject to
Committee;                                                          special rules which may be adopted for trade with
                                                                    third countries .
HAS ADOPTED THIS REGULATION :
                                                                    3 . The standards and general rules for their ap­
                                                                    plication, including the special rules referred to in
                          Article 1
                                                                    paragraph 2, shall be adopted by the Council acting
                                                                    in accordance with the voting procedure laid down
1.      A common organisation of the market in fishery              in Article 43 (2) of the Treaty on a proposal from
products shall be established comprising a price and                the Commission.
trading system and common rules on competition .
                                                                                            Article 3
2.      This organisation shall cover the following
products :
                                                                    Decisions to adjust the common marketing standards
       CCT                                                          to take account of the requirements of production
      heading                  Description of goods                 techniques shall be taken in accordance with the
        No
                                                                    procedure laid down in Article 29 .
(a)      03.01    Fish, fresh (live or dead), chilled or frozen
                                                                                            Article 4
 ( b)    03.02    Fish , salted, in brine, dried or smoked
                                                                    1.    Products for which common marketing
 (c)     03.03    Crustaceans and molluscs, whether in              standards have been adopted shall be liable to
                  shell or not, fresh (live or dead), chilled,
                  frozen , salted , in brine or dried ; crusta­     inspection by Member States for conformity with
                  ceans, in shell, simply boiled in water           these standards. This inspection may take place at all
                                                                    marketing stages and during transport.
 ( d) ex 05.15    Animal products not elsewhere specified
                  or included ; dead animals of Chapter 1 or        2 . Member States • shall take all appropriate
                  Chapter 3 , unfit for human consumption           measures to penalise infringements of the provisions
                  A. Fish , crustaceans and molluscs                of Article 2 .
 (e)     16.04    Prepared or preserved fish, including             3.    Not later than one month after the entry into
                  caviar and caviar substitutes
                                                                    force of each marketing standard, Member States
                                                                    shall notify the other Member States and the
 (f)     16.05    Crustaceans and molluscs, prepared or              Commission of the name and address of the bodies
                  preserved
                                                                    entrusted with the inspection of each product or
                                                                    group of products for which the standard in question
 ( g) ex 23.01    Flours and meals, of meat, offals, fish ,         has been adopted .
                  crustaceans or molluscs , unfit for human
                  consumption ; greaves
                                                                    4. Detailed rules for the application of paragraph 1
                  B. Flours and meals of fish, crustaceans
                      or molluscs                                   shall be adopted as necessary in accordance with the
                                                                    procedure laid down in Article 29, account being
 ---pagebreak--- 710                                  Official Journal of the European Communities
taken     in  particular    of   the   need    to    ensure     The value of production marketed shall be
co-ordination of the work of the inspection bodies              established each year on a standard basis, namely:
and uniformity in the interpretation and application
of common marketing standards.                                  — members' average marketed production during
                                                                    the three calendar years immediately preceding
                                                                    membership of the organisation ;
                         TITLE II
                                                                — average producer prices obtained           by  these
                                                                    members over the same period.
                  Producers' organisations
                                                                2.     During the five years immediately following the
                         Article 5
                                                                creation of the intervention funds referred to in
                                                                Article 7, Member States may make aid available to
1 . For the purpose of this Regulation, 'producers'             producers' organisations, either directly or through
organisation' means any recognised organisation or              credit institutions, in the form of loans on special
association of such ■ organisations, established " on           terms to cover part of the anticipated cost of inter­
producers' own initiative for the purpose of taking             vention within the meaning of Article 7.
such measures as will ensure that fishing is carried
out along rational lines and that conditions for the
                                                                3.     Member States may continue to make aid
sale of their products are improved.
                                                                available to producers' organisations established
                                                                prior to the entry into force of this Regulation to
These measures, which shall be designed in particular           facilitate their adaptation and operation within the
to promote implementation of fishing plans,                     framework of the measures referred to in Article 5 ( 1 ),
concentration of supply and regularisation of prices,           provided that such aid is no higher and is not granted
shall require members :                                         for a longer period than the aid which may be
— to dispose of their total output of the product or            granted under paragraph 1 .
    products by reason of which they have become
    members        through     the    organisation ;    the     4.     The aid referred to in this Article ' shall be
    organisation may decide that this requirement can           notified to the Commission in a report which
    be waived if products          are disposed      of in      Member States shall forward to it at the end of each
    accordance with common rules established in                 financial year.
    advance;
— to apply, with regard to production and                       5.     The Council, acting in accordance with the
    marketing, rules which have been adopted by the             voting procedure laid down in Article 43 (2) of the
    organisation with the particular aim of improving           Treaty on a proposal from the Commission, shall
    product quality and adapting the volume of                  adopt general conditions and rules for the application
    supply to market requirements.                              of this Article .
2.     The Council, acting in accordance with the                                       TITLE III
voting procedure laid down in Article 43 (2) of the
Treaty on a proposal from the Commission, shall                                           Prices
adopt general conditions and rules for the application
of this Article .
                                                                                        Article 7
                       ■ Article 6                              1 . For the products listed in Article 1 , producers'
                                                                organisations may fix a withdrawal price below
1.     Member States may make aid available to                  which they will not sell products supplied by their
producers' organisations established after the entry            members .
into force of this Regulation to encourage their
formation and to facilitate their operation.                    In this event, for quantities withdrawn from the
                                                                market, producers' organisations :
This aid shall be granted during the three years                — shall grant an indemnity to members in respect of
immediately following recognition ; for the first,                  the products listed in Annex I (A) and ( C) which
second and third year this aid shall not exceed 3% ,                conform to the standards adopted pursuant to
2% and 1% respectively of the value of production                   Article 2 ;
marketed under the auspices of the producers'
organisation nor shall it exceed 60% , 40% and 20%              — may grant an indemnity to members in respect of
of the organisation's administrative expenses in the                other products listed in Article 1 but not in
first, second and third year respectively.                          Annex I (A) or ( C).
 ---pagebreak---                                     Official Journal of the European Communities                                    711
For each product listed in Article 1 a maximum level           price depending on the production and marketing
for the withdrawal price may be fixed in accordance            characteristics peculiar to each product.
with the provisions of paragraph 5 .
                                                               4.     The Council, acting in accordance with the
2.    The disposal of products thus withdrawn from             voting procedure laid down in Article 43 (2) of the
the market must be determined by producers'                    Treaty on a proposal from the Commission , shall
 organisations in such a way as not to interfere with           determine the level of the guide prices and
normal marketing of the product in question .                  intervention prices referred to in paragraph 1 .
3.    To finance these withdrawal measures,
producers' organisations shall create intervention                                      Article 9
funds fed by contributions assessed on quantities
offered for sale or shall, alternatively, have recourse        1.     Throughout the period during which the guide
to an equalisation system.                                     price is applicable, Member States shall notify the
                                                               Commission of the prices recorded on representative
4. ^Producers' organisations shall supply the                  wholesale markets or in representative ports for
following information to the national authorities,             products meeting the specifications selected for
who shall communicate it to the Commission :                   fixing the guide price.
— the list of products for which they intend to
    operate the system described in paragraph 1 ;              2.     Markets and ports in Member States where a
                                                               significant proportion of Community output of - a
— the period during which withdrawal prices are                given product is marketed shall be regarded as
    applicable ;                                               representative within the meaning of paragraph 1 .
— the levels of withdrawal prices proposed and
    applied.                                                   3.     Detailed rules for the application of this Article
                                                               shall be adopted, and the list of representative
                                                               markets and ports referred to in paragraph 2
5.    Detailed rules for the application of this Article
                                                               approved, in accordance with the procedure laid
shall be adopted in accordance with the procedure              down in Article 29 .
laid down in Article 29 .
                       Article 8                                                       Article 10
1 . A guide price for each of the products listed in           1.     Member      States     shall    grant    financial
Annex I (A) and (C) and an intervention price for              compensation to producers' organisations which
fresh or chilled sardines and anchovies shall be fixed         intervene pursuant to the provisions of Article 7 in
before the beginning of the fishing year and                   respect of the products listed in Annex I (A) and ( C)
                                                               on condition :
determined in accordance with the provisions of
paragraphs 2 and 3 .                                           ( a) that the withdrawal price applied by these
These prices shall be valid for the whole Community                 organisations is the price fixed in accordance
and shall be fixed for each fishing year or for each of              with paragraph 4 ;
the periods into which that year is subdivided ; the           (b) that products withdrawn conform to the
intervention price may be fixed for each period into                standards adopted in accordance with Article 2 ;
which the fishing year can be subdivided on the basis
of seasonal price trends. These prices shall be fixed at       (c) that the indemnity granted to members in respect
a level which help to stabilise market prices without               of quantities withdrawn from the market does
leading to the formation of structural surpluses                    not exceed the amount resulting from the
within the Community.                                               application to those quantities of the withdrawal
                                                                    price multiplied—in the case of products meeting
2. The guide price shall be based on the average of                 the quality requirements laid down by the
prices recorded on representative wholesale markets                 common marketing standards for the category
or in representative ports during the three fishing                 below that referred to in paragraph 4—by the
years immediately preceding the fixing of that price                appropriate quality conversion factor.
for a significant proportion of Community output
and fixed for a product with given commercial                  2. Financial compensation shall be granted only
specifications.                                               where products withdrawn from the market are
                                                               disposed of for purposes other than human
3 . The intervention price shall be fixed at a level           consumption or in such a way as not to interfere with
lying somewhere between 35% and 45% of the guide              normal marketing of the product in question .
 ---pagebreak--- 712                                 Official Journal of the European Communities
3 . The value of the financial compensation, shall be          were not withdrawn from the market pursuant to
equal to the amount resulting from the application to          Article 7 ( 1 ).
the quantities withdrawn of :
— a price equal to 60% of the guide price, where the           These products shall be bought in :
      withdrawal price is more than 65% of the guide           — at the intervention price multiplied by the
      price;                                                       conversion factor for the quality category
— a price equal to 55% of the guide price, where the               immediately below that selected for fixing the
      withdrawal price is less than or equal to 65% of             guide price, provided that the products meet the
      the guide price ;                                            requirements . laid' down in the common standards
                                                                   for that category or higher categories ;
multiplied by the quality conversion factors referred          — at the intervention price multiplied by the
to in paragraph 4 or in paragraph 1 ( c) as the case               conversion factor applicable to categories below
may be.                                                            that referred to in the first indent, provided that
                                                                   the products meet the requirements laid down in
This amount shall be reduced by the standard values,               the common standards for those categories.
fixed at the beginning of the fishing year, for
products for purposes other than human                         3 . Products bought in pursuant to this Article
consumption, or by net receipts from sales of                  shall, unless an exception is made, be for purposes
products for human consumption effected in                     other than human consumption .
accordance with the provisions of paragraph 2 .
                                                               4. Buying-in operations shall be suspended as soon
4. The withdrawal price referred to in paragraph 1             as prices remain equal to or higher than the
 ( a) shall be fixed for each product by applying the          intervention price for three successive market days .
quality conversion factor for the category immediately         The Commission shall immediately find that this
below that selected for fixing the guide price to an           condition has been fulfilled .
amount equal to at least 60% but not more than
90% of the guide price.                                        5.    Detailed rules for the application of this Article
                                                               shall be adopted in accordance with the procedure
The Council, acting in accordance with the voting              laid down in Article 29 .
procedure laid down in Article 43 (2) of the Treaty
on a proposal from the Commission, shall adopt
general rules for determining the percentage of the                                     Article 12
guide price to be used in calculating the withdrawal
price.                                                         1.    The Commission shall submit to the Council a
                                                               report on the results obtained through the operation
5 . Detailed rules for the application of this Article         of the intervention system introduced by this
shall be adopted and the withdrawal price fixed in             Regulation and on measures taken by producers'
accordance with the procedure laid down in Article             organisations under Articles 7 and 10 .
29 .
                                                               2. Measures which prove necessary to introduce
                                                               the intervention system for which producers'
                        Article 11                             organisations are financially responsible to all sectors
                                                               in which . provision has been made for intervention
 1.     Where the prices for fresh or chilled sardines         shall be adopted by the Council, acting in accordance
and anchovies on one of the representative markets             with the voting procedure laid down in Article 43 (2)
or in one of the representative ports referred to in           of the Treaty on a proposal from the Commission.
Article 9 (2) communicated to the Commission
pursuant to Article 9 ( 1 ) remain below the
intervention price for three successive market days,                                     Article 13
the Commission shall immediately find that the
market in the product concerned is in a state of                1 . A guide price valid for the Community
 serious crisis .                                              throughout the year shall be fixed each year and
                                                               determined in accordance with the provisions of
2. Upon such finding the Member States shall,                  Article 8 (2 ) for each of the products or groups of
 through the bodies or natural or legal persons                products listed in Annex II.
 appointed by them for this purpose, buy in products
 of Community origin offered to them on condition              2. The Member States shall notify the Commission
 that these products meet the requirements laid down            of the prices recorded on representative wholesale
 by the common marketing standards and that they                markets or in representative ports for products or
 ---pagebreak---                                     Official Journal of the European Communities                                     713
groups of products meeting the specifications selected          4. A Community producer price shall be fixed for
for fixing the guide price referred to in paragraph 1 .         the products referred to in paragraph 1 . This shall be
                                                                based on the average of prices recorded on
3 . Markets and ports in Member States where a                  representative wholesale markets or in representative
significant proportion of Community output of a                 ports during the three fishing years immediately
given product is marketed shall be considered as                preceding the fixing of that price for a significant
representative within the meaning of paragraph 2 .              proportion of Community output for a product with
                                                                given commercial specifications.
4. Detailed rules for the application of this Article
shall be adopted, and the list of representative                5 . The Council, acting in accordance with the
markets and ports referred to in paragraph 3                    voting procedure laid down in Article 43 (2) of the
approved, in accordance with the procedure laid                 Treaty on a proposal from the Commission, shall
down in Article 29 .                                            adopt general rules for granting the compensation
                                                                provided for in paragraph 1 and fix the Community
5.     The Council, acting in accordance with the               producer price referred to in paragraph 4.
voting procedure laid down in Article 43 (2) of the
Treaty on a proposal from the Commission, shall fix             6. Detailed rules for the application of paragraph 2
the guide price referred to in paragraph 1 .                    shall be adopted, and the list of representative
                                                                markets and ports referred to in paragraph 3
                                                                approved, in accordance with the procedure laid
                        Article 14                              down in Article 29 .
1 . Where prices for the products of Community
origin listed in Annex II for one of the representative                                  Article 16
markets or ports referred to in Article 13 (2) remain
below 85% of the guide price referred to in Article             The Common Customs Tariff duties applicable to the
13 ( 1 ) for a period during which a trend towards a            products listed in the table below shall be totally
disturbance of the market is apparent, private storage          suspended :
aid may be granted to producers provided that
products conform to marketing standards when they                      CCT
are placed on the market again.                                       heading                  Description of goods
                                                                        No
2. Private storage aid may not exceed actual                    03.01 Bí (a) 2       Herring, from 16 June to 14 February
storage costs and interest charges.
                                                                03.01 Bí ( b) 2      Sprats, from 16 June to 14 February
3.     Detailed rules for the application of this Article,      03.01 Bí (c) 1       Tunny for the industrial manufacture
in particular the amount and duration of private                                     of products falling within heading
                                                                                     No 16.04
storage aid and conditions for withdrawal from
storage, shall be adopted in accordance with the                03.02 A I ( b)       Cod
procedure laid down in Article 29 .                             03.02 A II (a)       Fillets of cod
     /
                        Article IS
                                                                                         TITLE IV
1.     Compensation shall be granted if necessary to
Community producers of tunny in respect of the                                 Trade with third countries
tunny listed in Annex III (A) intended for the canning
industry.                                                                                Article 17
2.     Member States shall notify the Commission of             1 . The general rules for the interpretation of the
the average prices recorded each month on                       Common Customs Tariff and the special rules for its
representative wholesale markets or in representative           application shall apply to the tariff classification of
ports for the products of Community origin referred             products covered by this Regulation; the tariff
to in paragraph 1 with given commercial                         nomenclature resulting from application of this
specifications.                                                 Regulation and appearing in particular in Annex V
                                                                shall be incorporated in the Common Customs
3.     Markets and ports in Member States where a             . Tariff.
significant proportion of Community output of tunny
is marketed shall be considered as representative               2.    Save as otherwise provided in this Regulation or
within the meaning of paragraph 2.                              where derogation therefrom is decided by the
 ---pagebreak--- 714                                 Official Journal of the European Communities
Council acting in accordance with the voting                   prices recorded for one and the same marketing stage
procedure laid down in Article 43 (2) of the Treaty            on representative import markets or in representative
on a proposal from the Commission, the following               ports of import, reduced by an amount equal to any
shall be prohibited :                                           customs duties and charges levied on these products
                                                                and by the cost of transporting the product from
— the levying of any charge having an effect                   these markets or ports to Community frontier
     equivalent to a customs duty ;                            crossing points.
— the application of any quantitative restriction.
                                                               The Commission shall, on the basis of information
3 . Until such time as Community arrangements for              supplied by Member States or data gathered by the
imports of the products listed in Annex IV (A) and             Commission itself, regularly follow the trend of
 ( C) are implemented, Member States may retain in             prices for products imported from third countries on
respect of these products the quantitative restrictions        the most representative import markets or in the
in relation to third countries applicable when- this?          most representative ports of import of the Member
Regulation enters into force.                                  States for each exporting country.
                                                               The entry price for the products listed in Annex III
                        Article 18                              (A) shall be based on the weighted average of prices
                                                               actually recorded on import markets or ports of
1 . Reference prices valid for the Community shall             import in the Community during a period of time
be fixed each year for the products listed in Annexes          which is sufficiently indicative of the trend of the
1. II III (A) and IV (B) to obviate disturbances caused        market.
by offers from third countries at abnormal prices or
under such conditions as would jeopardise the                  4. Where the entry price for a given product
stabilisation measures referred to in Articles 10, 11          imported from any third country is lower .than the
and 15 .
                                                               reference price,
2.     The reference price for products listed in               ( a) imports of that product may be suspended or
Annexes I (A) and (C) shall be equal to a percentage                 restricted   to  specified    qualities,  forms of
of the guide price which shall lie within the margins                presentation or end uses in the case of the
set out in Article 10 (4).                                           products listed in Annex I (A) (with the
                                                                     exception of the product referred to under 1 ) and
The reference price for products listed in Annexes I                 those listed in Annex I ( C), II and IV (B );
(B) and IV (B) shall be determined on the basis of the
                                                               ( b) imports of that product may be subjected to a
reference price for the fresh product.                               countervailing charge which respects GATT rules
                                                                     on binding in the case of the products listed in
The reference price for the products listed in Annex                 Annex I (A) ( 1 ) and (B) and in Annex III (A).
II shall be derived from the guide price referred to in
                                                                     However, where imports at entry prices lower
Article 13 ( 1 ) on the basis of the level referred to in
                                                                     than the' reference price are from certain
Article . 14 ( 1 ) which occasions the intervention
                                                                     countries only or of a certain species only, the
measures provided for therein.
                                                                     countervailing charge will only be levied on
                                                                     imports from these countries or on these species .
The reference price for the tunny listed in Annex III
(A) intended for use by the canning industry shall be
based on the weighted average of the prices recorded                 The countervailing charge shall be equal to the
on the most representative import markets or in the                  difference between the reference price and the
most representative ports of import in the Member                    entry price. This charge, which shall be the same
States during the three years immediately preceding                  for all Member States, shall be added to the
                                                                     customs duties in force.
the date on which the reference price is fixed,
reduced by an amount equal to any customs duties
and charges levied on the products and by the cost of          5 . The suspension or restriction of imports shall
transporting the product used for fixing the guide             not, however, apply to third countries which
price from these markets or ports to Community                 undertake to respect the reference price under
frontier crossing points .                                     specified conditions and which do so in practice in
                                                               their deliveries to the Community.
The conversion factors set out in Annex III (B) and
(C) shall be applied to the various types of tunny and         6. Detailed rules for the application of this Article,
to the various forms of presentation .                         in particular the level of the reference prices and the
                                                               measures to suspend or restrict imports, shall be
3.     An entry price for the products listed in               adopted in accordance with the procedure laid down
Annexes I, II and IV (B ) shall be based on the lowest         in Article 29 .
 ---pagebreak---                                         Official Journal of the European Communities                                   715
Decisions to introduce, alter or withdraw the                      3 . The measures decided upon by the Commission
 countervailing charge shall be taken in accordance                may be referred to the Council by any Member State
with the procedure laid down in Article 29 .                       within three working days following the day on
                                                                   which they were communicated. The Council shall
In the intervals between periodic meetings of the                  meet without delay. It may amend or repeal the
Management Committee, these measures and those                     measures in question in accordance with the voting
concerning the suspension or restriction of imports                procedure laid down in Article 43 (2) of the Treaty.
shall be adopted by the Commission. In this event,
 they shall remain valid until any measures adopted in                                      Article 21
 accordance with the procedure laid down in Article
29 enter into force.
                                                                   1 . To the extent necessary to enable economically
                                                                   important exports of the products listed in Article 1
                         Article 19                                 (2) to be effected on the basis of prices for those
                                                                   products on the world market, the difference between
 1 . To the extent necessary for the proper working                these prices and prices within the Community may be
of the common organisation of the market in fishery                covered by an export refund.
products, the Council, acting in accordance with the
voting procedure laid down in Article 43 (2) of the                2.    The refund shall be the same for the whole
Treaty on a proposal from the Commission, may in                   Community.       It   may    be   varied  according   to
certain cases prohibit, in whole or in part, the use of            destination. The refund shall be granted on
inward processing arrangements in respect of the                   application by the party concerned.
products listed in Article 1 (2) ( a), (b) and ( c) which
are intended for the manufacture of the products                   3 . The Council, acting in accordance with the
listed in Article 1 (2) ( b), (c), (e) and (f).                    voting procedure laid down in Article 43 (2) of the
                                                                   Treaty on a proposal from the Commission, shall
2.    The quantity of raw material which, under                    adopt general rules for granting export refunds and
inward processing arrangements, is not subject to                  criteria for fixing the amount of such refunds.
customs duty or a charge having equivalent effect
must correspond to the true conditions under which                 4. Refunds shall be fixed at regular intervals in
the processing operation in question is effected .                 accordance with the procedure laid down in Article
                                                                   29 . "Where necessary the Commission may, at the
                                                                   request of a Member State or on its own initiative,
                         Article 20                                alter the refunds in the intervening period.
1 . If, by reason of imports or exports, the                       5.    Detailed rules for the application of this Article
Community market in one or more of the products                    shall be adopted in accordance with the procedure
listed in Article 1 (2) experiences or is threatened               laid down in Article 29.
with serious disturbances which may endanger the
objectives of Article 39 of the Treaty, appropriate
measures may be applied in trade with third countries                                       TITLE v
until such disturbance or threat of disturbance has
ceased .
                                                                                       General provisions
The Council, acting in accordance with the voting
                                                                                           Article 22
procedure laid down in Article 43 (2) of the Treaty
on a proposal from the Commission, shall adopt
detailed rules for the application of this paragraph               1 . The provisions of the Regulations on the
and define the cases in which and the limits within                financing of the common agricultural policy shall
which Adember States may take protective measures .                apply to the market in the products listed in Article 1
                                                                   from the date on which the system provided for by
2.    If the situation mentioned in paragraph 1 arises,            this Regulation begins to apply.
the Commission shall, at the request of a Member
State or on its own initiative, decide upon the                    2. Fifty per cent of the aids granted by the
necessary measures ; the measures shall be                         Member States under Article 6 ( 1 ) shall be
communicated to the Member States and shall be                     reimbursed by the Guidance Section of the European
immediately applicable. If the Commission receives a               Agricultural Guidance and Guarantee Fund.
request from a Member State, it shall take a decision
within twenty-four hours following receipt of the                  The Council, acting in accordance with the voting
request.                                                          procedure laid down in Article 43 (2) of the Treaty
 ---pagebreak--- 716                                    Official Journal of the European Communities
on a proposal from the Commission, shall adopt                    shall be adopted in accordance with the procedure
detailed rules for the application of this paragraph.             laid down in Article 29 .
                           Article 23                                                    Article 28
1.    Goods       listed   in    Article   1    which    are      1.    A Management Committee for Fishery Products
manufactured or obtained from products to which                   (hereinafter called the 'Committee') shall be
Article 9 (2) and Article 10 ( 1 ) of the Treaty do not           established, consisting of representatives of Member
apply shall not be admitted to free circulation within            States and presided over by a representative of the
the Community.                                                    Commission .
2 . Without prejudice to other Community                          2. Within the Committee, the votes of Member
provisions, the Member States shall take the                      States shall be weighted in accordance with Article
necessary steps to ensure that all fishing vessels flying         148 (2) of the Treaty. The Chairman shall not vote .
the flag of one of the Member States shall enjoy
equal access to ports and first-stage marketing                                          Article 29
installations together with all associated equipment
and technical installations .
                                                                  1.    Where the procedure laid down in this Article is
                                                                  to be followed, the Chairman shall refer the matter to
                                                                  the Committee either on his own initiative or at the
                          Article 24
                                                                  request of the representative of a Member State.
Subject to any provisions to the contrary adopted
pursuant to Articles 42 and 43 of the Treaty, Articles            2.    The representative of the Commission shall
                                                                  submit a draft of the measures to be taken . The
92, 93 and 94 of the Treaty shall apply to production
of and trade in the products listed in Article 1 .                Committee r shall deliver its      Opinion on such
                                                                  measures within a time limit to be set by the Chairman
                                                                  according to the urgency of the questions under
                          Article 25                              consideration. An Opinion shall be adopted by a
                                                                  majority of twelve votes .
Where a price rise, exceeding one of the guide prices
referred to in Articles 8 ( 1 ) and 13 ( 1 ) or the               3.     The Commission shall adopt measures which
Community producer prices referred to in Article 15               shall apply immediately. However, if these measures
(4) by a percentage still to be determined, is recorded           are not in accordance with the Opinion of the
on the Community market and where this situation is               Committee, they shall forthwith be communicated by
                                                                  the Commission to the Council. In that event the
likely to persist and is disturbing or threatens to
disturb the market, appropriate measures may be                   Commission may defer application of the measures
taken to remedy the situation.                                    for not more than one month from the date of such
                                                                  communication .
The Council, acting in accordance with the voting
procedure laid down in Article 43 (2) of the Treaty               The Council, acting in accordance with the voting
on a proposal from the Commission, shall adopt                    procedure laid down in Article 43 (2) of the Treaty
general rules for the application of this Article.                on a proposal from the Commission, may take a
                                                                  different decision within one month.
                          Article 26
                                                                                         Article 30
The Council, acting in accordance with the voting                 The Committee may consider any other question
procedure laid down in Article 43 (2) of the Treaty               referred to it by its Chairman either on his own
on a proposal from the Commisson, may amend the                   initiative or at the request of the representative of a
Annexes and alter the percentages referred to in                  Member State.
Articles 8 , 10 and 14.
                                                                                         Article 31
                          Article 27
                                                                  Should transitional measures be necessary to facilitate
Member        States     and    the    Commission      shall      the transition from the system at present in force in
communicate to each other the information necessary               each Member State to the system established by this
for implementing this Regulation. Rules for the                   Regulation , in particular if the introduction of the
communication and distribution of such information                new system gives rise to substantial difficulties in
 ---pagebreak---                                    Official Journal of the European Communities                                 717
respect of certain products, such measures shall be                                Article 33
adopted in accordance with the procedure laid down
in Article 29 . They shall be applicable for not more         This Regulation shall enter into force on the third
than one year from the date on which this Regulation .        day following its publication in the Official Journal
begins to apply.                                              of the European Communities.
                        Article 32                            The system established by this Regulation shall apply
                                                              from 1 February 1971 , except for the measures
This Regulation shall be so applied that appropriate          provided for in Article 31 , which may be made to
account is taken, at the same time, of the objectives         apply from the date of entry into force of this
set out in Articles 39 and 110 of the Treaty.                 Regulation.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 20 October 1970 .
                                                                                  For the Council
                                                                                   The President
                                                                                  H. D. GRIESAU
 ---pagebreak--- 718                         Official Journal of the European Communities
                                                 ANNEX I
    A. Fresh or chilled products falling within sub-heading No ex 03.01 B I
        1 . Herring
        2 . Sardines
        3. Redfish (Sebastes marinus)
        4. Cod                                                                j
        5 . Coalfish
        6. Haddock
        7. Whiting
        8 . Mackerel
        9. Anchovies
       10. Plaice
    B. Frozen products falling within sub-heading No ex 03.01 B I (a)
                          /
       Herring
    C. Shrimps of the genus Crangon sp. p., fresh,, chilled or simply boiled in water, falling within
       sub-heading No 03.03 A IV (b) 1
                                                ANNEX 11
         /
    Frozen products falling within sub-heading No ex 03.01 B I
    — Sardines
    — Sea bream of the species Dentex dentex and Pagellus
    Frozen products falling within sub-heading No ex 03.03
    — Squid (Loligo sp. p., Ommastrephes sagittatus, Todarodes sagittatus, Iliex coindetti)
    — Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola rondeleti
    — Octopus
                                                ANNEX 111
    Tunny, fresh, chilled or frozen, for the industrial manufacture of products falling within
    heading No 16.04 (sub-heading No 03.01 B I (c) 1)
    A. All species of tunny
 ---pagebreak---                           Official Journal of the European Communities                              719
B. Conversion factors applicable to the various species of tunny
                                                                                  Conversion factor
   Yellow-finned tunny :                        weighing not more than
                                                10 kg each1                       1
                                                weighing . not more than
                                                10 kg each1                       1-10
   Long-finned tunny                                                              1-25
   Other species                                                                  0-75
C. Conversion factors applicable to each of the species referred to in Section B by form of
   presentation
   1 . Whole                                                                      1
   2. Gilled and gutted                                                           1-14
   3 . Other (for example, 'heads off')                                           1-24
                                                 ANNEX IV
A. Fresh, chilled or frozen products
   Sub-heading No . 03.01 A I (a)                      Trout
   Sub-heading No 03.01 A III                          Carp
B. Frozen products
   Sub-heading No ex 03.01 B I and
   Sub-heading No ex 03.01 B II (b)                    Cod
                                                       Coalfish
                                                       Haddock
                                                       Redfish (Sebastes marinus)
                                                        Sea bream of the species Dentex dentex and
                                                        Pagellus
C. Prepared or preserved fish
   Sub-heading No 16.04 D                               Sardines
    Sub-heading No 16.04 E                              Tunny
l References to weight apply to whole products.
 ---pagebreak--- 720                          Official Journal of the European Communities
                                                      ANNEX V
    NEW NOMENCLATURE FOR CHAPTER 3 AND HEADING 05.15 OF THE COMMON
                                                  CUSTOMS TARIFF
            CCT
          heading                                           Description of goods
             No
           03,01          Fish, fresh (live or dead), chilled- or frozen:
                          A. Freshwater fish :
                                I. Trout and other salmonidae : '
                                    ( a) Trout
                                    (b ) Salmon and lake white fish
                                     (c) Other
                               II. Eels :
                                    (a) From 1 April to 30 September
                                    (b) From 1 October to 31 March
                              III . Carp
                              IV. Other
                          B. Saltwater fish
                                I. Whole, headless or in pieces :
                                    (a) Herring :
                                         1 . From 15 February to 15 June:
                                             (aa) Fresh or chilled
                                             (bb) Frozen
                                         2. From 16 June to 14 February
                                             (aa) Fresh or chilled
                                             (bb) Frozen
            \
                                    (b) Sprats :
                                         1 . From 15 February to 15 June
                                         2. -From 16 June to 14 February
                                     (c) Tunny:                                                        V
                                         1 . For the industrial manufacture of products falling within
                                             heading No 16.04*:
                                              ( aa) Whole :
                                                    11 Yellow-finned tunny
                                                       (aaa) Weighing not more than 10 kg each
                                                       (bbb) Other
                                                    22 Long-finned tunny
                                                    33 Other
                                             (bb) Gilled and gutted :
                                                    11 Yellow-finned tunny
                                                       (aaa) Weighing not more than 10 kg each
                                                       (bbb ) Other
                                                    22 Long-finned tunny
                                                    33 Other
    * Entry under this sub-heading is subject to compliance with conditions to be determined by the competent
      authorities .
 ---pagebreak---           Official Journal of the European Communities                        721
   CCT
  heading                               Description of goods
    No
  03.01                    (cc) Other (for example, 'heads off)
( Cont'd)                       11 Yellow-finned tunny :
                                   (aaa) Weighing not more than 10 kg each
                                   (bbb ) Other
                                22 Long-finned tunny
                                33 Other
                      2 . Other
               (d) Sardines (Clupea pilchardus Walbaum):
                      1 . Fresh or chilled
                      2 . Frozen
                (e) Dogfish
                (f) Redfish (Sebastes marinus):
                      1 . Fresh or chilled
                      2 . Frozen
               (g) Halibut (Hippoglossus vulgaris, Hippoglossus reinhardtius)
               (h) Cod (Gadus morrhua or Gadus callarías):
                      1 . Fresh or chilled
                     2 . Frozen
                (j ) Coalfish (Pollachius virens or Gadus virens):
                      1 . Fresh or chilled
                     2 . Frozen
               (k) Haddock :
                     1 . Fresh or chilled
                     2 . Frozen
                (1) Whiting (Meriangus merlangus):
                     1 . Fresh or chilled
                     2 . Frozen
               (m) Mackerel :
                     1 . From 15 February to 15 June :
                          (aa) Fresh or chilled
                          (bb) Frozen
                     2. From 16 June to 14 February :
                          (aa) Fresh or chilled
                          (bb) Frozen
              (n) Anchovies (Engraulis sp. p.):
                     1 . Fresh or chilled
                     2 . Frozen
              (o) Plaice :
                     1 . Fresh or chilled
                     2 . Frozen
              (p) Sea bream of the species Dentex dentex and Pagellus :
                     1 . Fresh or chilled                  *
                     2 . Frozen
              (q) Other
 ---pagebreak--- 722             Official Journal of the European Communities
        CCT
      heading                                    Description of goods
         No
       03.01       II. Fillets :
    ( Cont'd)
                         ( a) Fresh or chilled
                         (b) Frozen
                               1 . Of cod (Gadus morrhua or Gadus callarias)
                               2 . Of coalfish (Pollachius virens or Gadus virens)
                               3 . Of haddock
                               4. Of redfish (Sebastes marinus)
                               5 . Of tunny
                               6. Of sea bream of the species Dentex dentex and Pagellus
                               7 . Other
              C. Livers and roes :
       03.02      (No change)
       03.03  Crustaceans and molluscs, whether in shell or not, fresh (live or dead),
              chilled, frozen, salted, in brine or dried; crustaceans, in shell, simply boiled
              in water :
              A. Crustaceans :
                     I. Crawfish
                    II. Lobsters (Homarus sp. p.):
                         (a) Live
                         (b) Other
                               1 . Whole
                               2. Other
                  III. Crabs and freshwater crayfish
                  IV. Shrimps and prawns:
                          (a) Prawns (Pandalidae sp. p.)
                          (b) Shrimps of the genus Crangon sp. p. :
                               1 . Fresh, chilled or simply boiled in water
                               2 . Other
                           (c) Other
                    V. Other (for example, Norway lobsters)
              B. Molluscs :
                     I. Oysters :
                          (a) European flat oysters weighing not more than 40 g each
                          (b ) Other
                    II . Mussels
                  III. Snails, other than sea snails
                  IV. Other :
                          ( a) Frozen                                                          .
                                1 . Squid
                                     (aa) Ommastrephes sagittatus.and Loligo sp. p.
                                    (bb ) Other
 ---pagebreak---                           Official Journal of the European Communities                                 723
        CCT
       heading                                         Description of goods
         No
       03.03                          2. Cuttlefish of the species Sepia officinalis, Rossia macrosoma
     ( Cont'd)                            and Sepiola rondeleti
                                      3 . Octopus
                                      4. Other
                                 (b ) Other :
                                      1 . Squid (Ommastrephes sagittatus and Loligo sp. p.)
                                      2 . Other
       05.15            Animal products not elsewhere specified or included; dead animals of
                        Chapter 1 or Chapter 3, unfit for human consumption:
                        A. Fish, crustaceans and molluscs :
                             I. Fish of a length of 6 cm and less and shrimps and prawns, dried
                            II . Other*
                        B. Other
* See Annex III to the Common Customs Tariff.