Commission Regulation (EEC) No 3902/92 of 23 December 1992 setting detailed rules for granting financial compensation on certain fishery products

COMMISSION REGULATION  (EEC) No 3902/92
of 23 December 1992
setting detailed rules for granting financial compensation  on certain fishery products
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization  of the market in fishery and aquaculture products  (1), and in particular Article 12 (6) thereof,
Whereas under Article 12 of Regulation (EEC) No 3759/92 Member States are to grant financial  compensation to producers' organizations which, observing certain requirements, withdraw from the  market products listed in Annex I (A) and (D) of that Regulation;
Whereas, in order to give maximum encouragement to action to stabilize the market, producers'  organizations not observing the Community withdrawal price throughout the fishing year should be  debarred from receiving financial compensation;
Whereas in order to guarantee normal conditions of competition between producers' organizations  making use of the margin of tolerance provided for at (a) in Article 12 (1) of the abovementioned  Regulation it is necessary to specify requirements pertaining to its application; whereas in order  to ensure transparency of the market recourse to the margin of tolerance must be adequately  publicized;
Whereas the purpose of the activities of producers' organizations is to ensure rationality of  fishing operations and improve selling conditions for their members' catches; whereas it is  accordingly necessary to restrict financial compensation to fish caught by members of such  organizations;
Whereas since demand may fluctuate within the duration of any selling operation products should not  be withdrawn from the market before being put up for sale; whereas compensation should accordingly  be granted only on products that, having been put up for sale in the normal way, have not found a  buyer at the Community withdrawal price;
Whereas compensation must be clearly disallowed on fish on which the carryover aid provided for in  Article 14 of Regulation (EEC) No 3759/92 has been granted;
Whereas systematic compliance with common marketing standards as indicated in Article 2 of  Regulation (EEC) No 3759/92 is, irrespective of their obligatory character, a determining factor in  price formation and a contributory element to stabilization of the market; whereas the granting of  compensation 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 producers'  organization or its members throughout the fishing year;
Whereas financial compensation cannot be paid until the end of the fishing year; whereas to  facilitate the operation of producers' organizations it should be made possible for advances to be  granted against lodging of security;
Whereas rules for calculating advances on financial compensation and fixing the security amount  required should be set; whereas the conversion rate for the compensation and for advances must also  be set;
Whereas the granting of compensation should extend to fish put up for sale and withdrawn by  producers' organizations or their members in other Member States; whereas the authorities of the  other Member State in which the fish was put up for sale and withdrawn or carried over should issue  a certifying document and transmit a copy;
Whereas each Member State should introduce a control system for verifying that the figures given in  applications for financial compensation correspond to the quantities actually put up for sale and  withdrawn;
Whereas in cases of infringement of limited consequence of the financial compensation scheme the  producers' organization should not, for the restricted financial advantage arising from the  infringement, be penalized by complete withdrawal of entitlement to financial compensation but  merely by a flat rate reduction therein;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Fishery Products,