Commission Regulation (EC) No 2814/2000 of 21 December 2000 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of carry-over aid for certain fishery products

Commission Regulation (EC) No 2814/2000
of 21 December 2000
laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of carry-over aid for certain fishery products
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products(1), and in particular Article 23(5) thereof,
Whereas:
(1) Regulation (EC) No 104/2000, which repealed Council Regulation (EEC) No 3759/92(2) with effect from 1 January 2001, provides for the granting of carry-over aid under certain conditions for the stabilisation or processing and storage of the products set out in Annex I to Regulation (EC) No 104/2000 which have been withdrawn from the market. The role of the carry-over aid mechanism in the common market organisation as provided for in Regulation (EEC) No 3759/92 and in Commission Regulation (EEC) No 3901/92 of 23 December 1992 introducing detailed rules for granting carry-over aid on certain fishery products(3), as last amended by Regulation (EC) No 1337/95(4) has been re-evaluated. This resulted in an increase in the quantities eligible for this aid. It is therefore appropriate to simplify the procedures required under the carry-over aid mechanism and to replace Regulation (EEC) No 3901/92 by the present Regulation.
(2) Article 6(1) of Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products(5), as amended by Regulation (EC) No 2578/2000(6), provides that certain products that are classified as category B are ineligible for the financial assistance granted in respect of the intervention mechanisms of the common market organisation. Given that only Extra, "E" and "A" quality products are eligible for carry-over aid set out in Article 23 of Regulation (EC) No 104/2000, the calculation of the quantities eligible for this aid should be based on these categories of products only.
(3) In order to give maximum encouragement to action to stabilise the market, producer organisations not observing the Community withdrawal price throughout the fishing year should be excluded from receiving financial compensation for carry-over aid.
(4) Systematic compliance with the common marketing standards referred to in Article 2 of Regulation (EC) No 104/2000 is a determining factor in price formation and contributes to stabilisation of the market. The granting of compensation for carry-over aid on eligible quantities should therefore be made conditional on compliance with the standards for all quantities of the product in question put up for sale by the producer organisation or its members throughout the fishing year.
(5) The mechanisms for carry-over aid and financial compensation for withdrawals are parallel and complementary as regards their operation and share the same objective of stabilising the market in the products in question. The conditions relating to the quantities which may qualify for carry-over aid as well as to the use of a tolerance margin and to the certifying document to be used when the products are withdrawn in another Member State should be the same as those laid down in Commission Regulation (EC) No 2509/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting financial compensation for withdrawal of certain fishery products(7).
(6) To ensure product quality and to facilitate the disposal of products on the market, the minimum requirements to be satisfied by operations qualifying for aid should be laid down, together with the requirements relating to storage and return to the market of the product concerned.
(7) The producer organisations should contribute to the costs related to the implementation of the carry-over aid mechanisms and therefore, the amount of aid should be fixed on the basis of the real technical costs and financial costs of stabilisation and storage operations. The technical costs should be defined on the basis of the immediate costs incurred under the mechanism. In order to avoid burdensome information requirements from the industry and complicated annual calculations the financial costs should be a flat-rate sum adjusted on the basis of the interest rate determined in accordance with Article 5 of Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section(8), as last amended by Regulation (EC) No 1259/96(9).
(8) The beneficiaries of aid should be obliged to keep stock records to increase the efficiency of checks and must communicate this information to the Member State. It is sufficient for the purposes of good management of the mechanism to require stock records during the minimum storage periods.
(9) The procedure for submitting applications for the payment of carry-over aid should be laid down as well as the procedure for the granting of advance payments and the amount of the relevant security.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,