CELEX: 51982PC0515
Language: en
Date: 1982-07-30
Title: Proposal for a COUNCIL REGULATION (EEC) on granting and financing aid granted by Member States to producers' organizations in the fishery products sector (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (82) 515
Vol. 1982/0170
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(82)515 final
                                                            Brussels , 30 July 1982
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                                          Proposal      for a
                                       COUNCIL REGULATION ( EEC )
           on granting and financing aid granted by Member States to
           producers' organizations in the fishery products sector
                   ( submitted to the Council by the Commission )
                                                                       " f1
                                                              ' !       ' , I
  C0M(82 )  515 final
 ---pagebreak---                                           Cem S"io
                         Explanatory memorandum       ,
The new Regulation ( EEC ) No 3796 / 81 on the common organization of the
market in fishery products , incorporating provisions previously laid down
in Article 6 of Regulation 100 / 76 , authorizes the Member States , under
certain conditions , to grant producers' organizations aids designed to
encourage their formation and facilitate their operation .
                           t
The new regulation also includes a new provision ; the possibility of
granting increased aids for five years whenever the constitution of a
producers' organization leads to an improvement in production and marketing
 structures .
 The Commission now proposes that in regions where there are no producers'
 organizations , especially Greece , the mere fact of the establishment of
 such an organization should be regarded ipso facto as leading to an
 improvement in production and marketing structures^ since the mere formation
 of such an organization constitutes in this particular case progress beyond
 the previous situation .         ,
 On the other hand , in Member States or areas of a Member State where there
 are already producers' organizations , the establishment of new organizations
 must , if it is to yield an improvement in production and marketing structures
 and thus create entitlement to increased aids , meet supplementary criteria ,
 namely that of further rationalization of fishery activities and that of
 better concentration of supply .
 In order to avoid certain improper practices , and , in particular , the break-up
 of producers' organizations having already qualified for aids solely in order
 to qualify for new aids on rerformation , the Commission proposes that , whenever
 a producers' organization is drawn from producers' organizations already
 recognized , the aid paid should be confined only to the administrative costs
 inherent in the formation of the new organization .
 The Commission also proposes to update the maximum global aid amount for which
 an association of producers' organizations may qualify .
 The present Regulation involves no other alteration to the arrangements made
 in Regulation No 106 / 76 , which will be repealed .
 ---pagebreak---                                                                         2.
II . The budgetary aspects of the new increased aid arrangements for the
     encouragement of the formation of producers' organizations have already
     been dealt with unoer the new basic regulation . The increase in supple­
     mentary expenditure chargeable to the Gjidance Section of the European
     Agricultural Guidance and Garar.tee Fund , has been estimated at about
     200 COO ECUS on average , per yiar , beyond the average cost of 135 000
     ECU per year for the former arrangement .
 ---pagebreak---                                     Proposal for a
                         Council Regulation ( EEC )
          on granting and financing aid granted by Member States to
               producers' organizations in the fishery products sector
                                      i
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 3796 / 81 of 29 December 1 98 1 on
the common organization of the market in fishery products ( 1 ), and in parti­
cular Articles 6(6 ) thereof and 26(3 ),
Having regard to the proposal from the Commission ,
Whereas the general conditions and rules for the application of aid . granted
 by Member States to producers' organizations and the procedure for financing
 those aids from the Guidance Section of the European Agricultural Guidance and
Guarantee Fund must be adopted ;
 Whereas the higher aid       provided for on a temporary basis in Regulation ( EEC )
 No 3796 /81 are to be granted to producers ' organizations only i f thei r formation
 brings about an improvement in production and marketing structures ; whereas ,
 the criteria for         assessing such improvement should therefore be defined ;
 Whereas , in the case of a producers' organization formed from organizations
which are already recognized , the amount of the aid. should be limited to the
cost of setting up the said organization ;              p
 ( 1 ) OJ No L 379 , 31 . 12.1981 , p. 1 .
 ---pagebreak--- Whereas , to ensure thai .     . aid is . granted and financed under consistent
conditions , the methods for calculating the value of the production marketed
under the auspices of the producers' . organizations and the administrative
expenses of these organisations should be defined ; whereas this calculation
must be bayed on reliable accounts ; whereas the difficulty of having such
accounts available in certain cases should be caken into account by making
provision for an alternative flat-rate method in such cases ;
Whereas the aid for which an association of producers' organizations is
eligible should be limited to a           maximum amount to take account of the
fact that each of the member organizations may be eligible for aid for its •
formation and operation ,
HAS ADOPTED THIS REGULATION :
                                   Article 1
This Regulation lays down the general conditions and , rules
for             granting and financing aid . granted to producers' organi­
zations in the fisheries sector , pursuant to Article 6 of Regulation ( EEC )
No 3796 /81 , hereinafter referred to as the basic Regulation .
                                   Article 2
1 . Where a producers' organization is recognized in a Member State or in an
area of a Member State where no other organization whose activity relates to
the same products or to similar products has yet been recognized , the formation
of such organization shall be considered as bringing about^ within the meaning
of Article 6(2 ) b ) of the basic Regulation ,an improvement in production and
marketing structures by comparison with the existing situation .
2 . In cases other than that referred to in paragraph 1 , a producers' organization
shall be eligible for the aid r provided for in Article 6(2)(b ) of the basic
Regulation only if it is shown to the satisfaction of the Member State concerned
that the formation of such producers ' organization :
- taking account of the catch plans drawn up " by the organization , encourages
                                                                              *
   greater rationalization of fishing activity ;
- ensures greater concentration of supply of products landed by its members .
 ---pagebreak---                                                                         3.
                             Article 3
In the case of a producers' organization formed from organizations which have
already been recognized , the aid referred to in Article 6(2)(a) and ( b ) of
the basic Regulation shall be granted only in respect of the costs relating
to the drawing up of the constituting act arid of the statutes of the organi­
zation thus constituted-
                             Article 4
For the purpose of calculating the aids referred to in Article 6(2 ) of the
basic Regulation , account shal I be taken of the marketed production :
- of producers who were members of the producers' organization on the date on
   which it was recognized and who were members of the organization throughout
   the year for which aid is claimed ,
- of producers who joined the producers' organization after the date on which
   it was recognized and who were members of the organization throughout the
   last nine months of the year for which aid is claimed .
                             Article 5
                                                                               «
The value of the production marketed by a proucers' organization shall be
calculated for each product by multiplying :
- the average production referred to in the first indent of Article 6
   ( 3 ) of the basic Regulation , ascertained in accordance with the procedure
   laid down in Article 6 of this Regulation and expressed in 100 kilograms
   net ,
by
- the average price per product referred to in the second indent of Article 6
   ( 3 ) of the basic Regulation , ascertained in accordance with the procedure
   laid down in Article 7 of this Regulation and calculated per 100 kilograms
   net .
                                    Article 6          '
                                                                             i
For the purpose of calculating the average production referred to in the first
indent of Article 5 , the production marketed by producer members shall be
ascertained for each of the three calendar years immediately preceding member­
ship :
 ---pagebreak--- - on the basis of reliable commercial and accounting ; records
or
- if such .supporting evidence is not available , on the basis of a flat-rate
   assessment Tiade by the competent departments of the Member State, account beina
   taken in particular of productive capacity in terms of equipment and manpower
   and the result thus obtained being reduced by 10 % to cover che member 's own
   consumption and non-commercial transactions .
                            Article 7
For the purpose of calculating the average price referred to in the second
indent of Article 5 , the average price obtained by producer members for each
of the three calendar years immediately preceding membership shall be ascertained
- on the basis of reliable commercial and accounting records
or
- if such supporting evidence is not available , by calculating the average
   quotation for each product at , the most representative wholesale market or
   the most representative port of the area in which the producers' organization
   concerned operates , such average quotation being the average of the repre­
   sentative quotations recorded during the reference year by the competent
   authorities of the Member State at that rftarket or port .
                                  Article 8
1 . The                administrative expenses referred to in Article 6(2 ) of
the basic Regulation , to be taken into consideration when the maximum amount
of aid granted to producers * organizations is being calculated , must be
established on the basis of reliable commercial and accounting records and be
approved by the competent authorities of the Member States .
2 . The amount of the administrative expenses mentioned in paragraph 1 shall be
determined in accordance with the procedure laid down in Article 33 of the
basic Regulation .
                                  Article 9
Aid to an association of producers' organizations may not exceed 120.000 ECU .
 ---pagebreak---                                        Article 10
 1 . Applications for financing must relate to expenditure incurred by Member
 States during a calendar year and must be submitted to the Commission annually
 before 1 May of the following year .
 2 . The Commission shall decide on these applications en bloc or separately ,
 after consulting the Fund Committee .
 3 . Provisions concerning the information to be included in Member States'
 applications for financing ,the form that such applications should take and the
 supporting evidence to be submitted to the Commission by Member States shall
 be adopted in accordance with the procedure laid down in Article 13 of Council
 Regulation ( EEC ) No 729 /70 of 21 April 1970 on the financing of the common
 agricultural policy , as last amended by Regulation ( EEC ) No 3509 /80 .
                                       Article ' 1 1
 1 . Council Regulation ( EEC ) No 106 / 76 of 19 January 197o on granting and
 reimbursing aids granted by Member States to producers' organizations in the
 fishing industry ( 2 ). is hereby repealed .
                                        Article 12
                                  i
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
 It shall apply with effect from 1 January 1982 . For producers' organizations formed
 before that date , the procedure laid down in Regulation ( EEC ) No 106 /76 shall
 remain applicable ..
                                         ;'          j      |t
 This Regulation shall be binding: in its entirety and directly applicable m
 all Member States .                      •
 Done at Brussels , . . .                              For the Council
                                                       The President
  ( 1 ) 0J No L 367 , 31 . 12.1980 , p. 87 .
  ( 2 ) 0J No L 20 , 28.01 . 1976 , p. 42 .
 ---pagebreak---                      FINANCIAL               STATEMENT
                                                                                 DATE; T    14.7.1982
   1 , BU DC ET ti NC CCWCSR.MD I
                                     Art . *>o1 : Producer :/ Organisations                ; 1932        156.000 Ecus +
                                     in the fisheries sector                    C.IEDXVS J
   t, ACTION 1 Proposal for a Council Regulation concerning me granting and financing
    of aids granted by Member States to producers' organisations
   j. LEGAL BASIS 1 Regulation n° 3796/ 81 on the co.n.non organisation of the markets - in
                      fishpry products
  4. oujKcrivta « Appl icjt ion of the new system of increased aid to encourage the setting
                      up and to improve che working of the producers' organisations in t e
                      up
                      fisheries sector .
  5» PINANCIAL CON^BQUfJNCE                     FERIOD Or 12 M0VTH3  CURRENT FINANCIAL TEAR        FCLLOWINCJW WANCI AL TEAR
  5.0 EXRPÎIDITVRB
                                                                           ( 82 \
       -CHARGED TO THE EC FFJIWCT.                                                                       300.000
         ( bnwiini i WTLH vtzm ONS )                                   156.000
       •CKARCL'0 TO NATIONAL AWÏIWCÎR.
       -C1IAHGKD TO OTLUST NA ~!OIIAL GR0UPU
 3.1 WM-M
       -OWN              or nit: KC
        ( LEVlUS/ClJSTOfS HJTI15 )
       «NATIONAL
                                               TEA*                 TEAft                     ■    TEJJt  .... M?.
 >•0.1 PLURI ANNUAL PATTESH OP EXPENDITURE           300.000              300.000                              ^ 00.000
 5.i.l PLURJANNUAL PATTERN OP RECEIPTS              Commitment and payment appropriations
 5.2 KEIHOD OF CALCULATION                                                                    ...         lo .     ......    ,
                       Within the framework of the new basic regulations n° 3796/ 81 additional
                       expenditure resulting from increased aids for the setting up for
                       producers' organisations has already been taken into account .
6.0 FINANCING POSSIBLE WITH CREDITS INSCRIBED IN RELEVANT CHAPTER OF CURRENT BUDCET »                         YES/SB
6.1 FINANCING POSSIBLE BÏ TRA1I5FEH BLT/IO» CHAPTERS OF CURFLENT BUDGET Τ                                    FF/NO
6.2 NtOi-LILTI KUR A SUITLEU¿ ;AHI BUDGET Τ                                                                  ir/"0
                                                                                            r
6.1 CR£DITU TO BE HHITIUI Ι'.ΓΟ ΚΥΛΙΫΕ BU¿C~"TS 7                            iι          • H     (
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