Article 1 
1. A common organization of the market in fishery products is hereby established, comprising a price and trading system and common rules on competition. 2. This organization shall cover the following products: CN code Description Live fish Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304 Fish, frozen, excluding fish fillets and other fish meat of heading No 0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; fish meal, fit for human consumption Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted, or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine Animal products, not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: -Other: --Products of fish or crustaceans molluscs or other aquatic invertebrates; dead animals of Chapter 3: 0511 91 10 Fish waste 0511 91 90 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, canelloni; couscous, whether or not prepared: 1902 20 10 -Containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates Flours, meals and pellets, of meat or of meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: 2301 20 00 -Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates
Article 2 
1. Common marketing standards and the scope of such standards may be determined for the products listed in Article 1 or groups of these products; these standards may in particular cover classification by quality, size or weight, packing, presentation and labelling. 2. When marketing standards have been adopted, the products to which they apply may not be displayed for sale, offered for sale, sold or otherwise marketed unless they conform to these standards, subject to special rules which may be adopted for trade with third countries. 3. The marketing standards and general rules for their application, including the special rules referred to in paragraph 2, shall be adopted by the Council acting by a qualified majority on a proposal from the Commission. Article 3 Decisions to adjust the common marketing standards to take account of changes in production and sales conditions shall be taken in accordance with the procedure laid down in Article 36. Article 4 1. Products for which common marketing standards have been adopted shall be subject to inspection by Member States for conformity with these standards. This inspection may take place at all marketing stages and during transport. 2. Member States shall take all appropriate measures to penalize infringements of Article 2. 3. Not later than one month after the entry into force of each marketing standard, Member States shall notify the other Member States and the Commission of the name and address of the bodies entrusted with the inspection of each product or group of products for which a standard has been adopted. 4. Detailed rules for the application of paragraph 1 shall be adopted as necessary in accordance with the procedure laid down in Article 36, account being taken in particular of the need to ensure coordination of the work of the inspection bodies and uniformity in the interpretation and application of common marketing standards.
Article 3 
Decisions to adjust the common marketing standards to take account of changes in production and sales conditions shall be taken in accordance with the procedure laid down in Article 36. Article 4 1. Products for which common marketing standards have been adopted shall be subject to inspection by Member States for conformity with these standards. This inspection may take place at all marketing stages and during transport. 2. Member States shall take all appropriate measures to penalize infringements of Article 2. 3. Not later than one month after the entry into force of each marketing standard, Member States shall notify the other Member States and the Commission of the name and address of the bodies entrusted with the inspection of each product or group of products for which a standard has been adopted. 4. Detailed rules for the application of paragraph 1 shall be adopted as necessary in accordance with the procedure laid down in Article 36, account being taken in particular of the need to ensure coordination of the work of the inspection bodies and uniformity in the interpretation and application of common marketing standards.
Article 4 
1. Products for which common marketing standards have been adopted shall be subject to inspection by Member States for conformity with these standards. This inspection may take place at all marketing stages and during transport. 2. Member States shall take all appropriate measures to penalize infringements of Article 2. 3. Not later than one month after the entry into force of each marketing standard, Member States shall notify the other Member States and the Commission of the name and address of the bodies entrusted with the inspection of each product or group of products for which a standard has been adopted. 4. Detailed rules for the application of paragraph 1 shall be adopted as necessary in accordance with the procedure laid down in Article 36, account being taken in particular of the need to ensure coordination of the work of the inspection bodies and uniformity in the interpretation and application of common marketing standards.
Article 5 
1. For the purpose of this Regulation, 'producers' organization' means any recognized organization or association of such organizations, established on producers' own initiative for the purpose of taking such measures as will ensure that fishing is carried out along rational lines and that conditions for the sale of their products are improved. These measures, which shall be designed in particular to promote implementation of catch plans, concentrations of supply and regularization of prices, shall require members: - to dispose, through the organization, of their total output of the product or products in respect of which they are members; the organization may decide that this requirement can be waived if products are disposed of in accordance with common rules established in advance, - to apply, with regard to production and marketing, rules which have been adopted by the organization with the particular aim of improving product quality and adapting the volume of supply to market requirements. 2. The producers' organizations must not hold a dominant position on the common market unless necessary in pursuance of the objectives in Article 39 of the Treaty. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article. Article 6 1. Member States may make aid available to producers' organizations established after 1 January 1982 to encourage their formation and to facilitate their operation. 2. This aid shall be granted during the three years immediately following recognition. For the first, second and third years the aid shall not exceed 3 %, 2 % and 1 % respectively of the value of production marketed under the auspices of the producers' organization. Nor shall it exceed 60 %, 40 % and 20 % of the organization's administrative expenses in the first, second and third years respectively. Payment of the aid shall be made within five years of the date of recognition. 3. The value of production marketed shall be established on a standard basis for each year, namely: - members' average marketed production during the three calendar years immediately preceding membership of the organization, - average producer prices obtained by those members over the same period. 4. During the five years immediately following the creation of the intervention funds referred to in Article 9, Member States may make aid available to producers' organizations, either directly or through credit institutions, in the form of loans on special terms to cover part of the anticipated cost of market intervention within the meaning of Article 9. 5. The aid referred to in paragraph 2 shall be notified to the Commission in a report which Member States shall forward to it at the end of each financial year. When the aid referred to in paragraph 4 is granted, the Commission shall be notified immediately. Article 7 1. Where a producers' organization is considered to be representative of production and marketing on a part of the coast or in one or more landing places on such part of the coast, the Member State concerned may oblige producers who are not members of that organization and who market any of the products referred to in Article 1 (2) on that part of the coast or at one or more of those landing places to comply with: (a) the marketing rules referred to in the second indent of the second subparagraph of Article 5 (1); the rules adopted by the organization concerned on market withdrawal for the products listed in Annex I. A and D, provided that the withdrawal price is equal to the price set in accordance with Article 12. However, the rules adopted by the organization on the withdrawal price for the fresh or chilled products referred to in Article 1 (2) (a) and (c), other than the products referred to in Annex I. A and D, may be extended to non-members of the organization established in the areas referred to in the first subparagraph. It may be decided that the rules referred to above shall not apply to certain categories of sales. 2. The provisions of paragraph 1 may be applied by Member States only to parts of the coast on which production and marketing conditions are homogeneous. 3. Member States shall notify to the Commission the rules which they intend to make obligatory pursuant to paragraph 1. The Commission may, within two months of their notification: decide that the rules notified may not be made obligatory; or declare void the extension of the rules decided on by the Member State, in particular where, pursuant to Article 2 of Regulation (EEC) No 26 (8), it finds that Article 85 (1) of the Treaty is applicable to the agreement, decision or practice whereby the standards in question are adopted or executed. In that case the Commission's decision with regard to the agreement, decision or practice shall apply only from the date of such finding. 4. Member States shall take all appropriate measures to: - ensure that the rules referred to in paragraph 1 are complied with, - penalize breaches of those rules. They shall forthwith inform the Commission of such measures. 5. Where paragraph 1 is applied, the Member State concerned may decide that non-members are liable to the organization for all or part of the fees paid by member producers in so far as these fees are intended to cover administrative costs resulting from the application of the system referred to in paragraph 1. 6. Where paragraph 1 is applied, Member States shall effect, where necessary, through the agency of the producers' organizations, the withdrawal of products not satisfying the marketing rules or which could not be sold at a price at least equal to the withdrawal price. 8. A list of the areas referred to in paragraph 1 and the other detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 8 1. Where Article 7 (1) is applied, the Member State may grant an indemnity to producers who are not members of an organization and who are established in the Community in respect of products which: - cannot be marketed pursuant to Article 7 (1) (a), or - have been withdrawn from the market pursuant to under Article 7 (1) (b). This indemnity shall be granted without discrimination as to the nationality or place of establishment of the recipients and may not exceed 60 % of the amount arrived at by applying the withdrawal price fixed in accordance with Article 12 to the quantities withdrawn. 2. The expenditure resulting from the granting of the indemnity referred to in paragraph 1 shall be borne by the Member State concerned.
Article 6 
1. Member States may make aid available to producers' organizations established after 1 January 1982 to encourage their formation and to facilitate their operation. 2. This aid shall be granted during the three years immediately following recognition. For the first, second and third years the aid shall not exceed 3 %, 2 % and 1 % respectively of the value of production marketed under the auspices of the producers' organization. Nor shall it exceed 60 %, 40 % and 20 % of the organization's administrative expenses in the first, second and third years respectively. Payment of the aid shall be made within five years of the date of recognition. 3. The value of production marketed shall be established on a standard basis for each year, namely: - members' average marketed production during the three calendar years immediately preceding membership of the organization, - average producer prices obtained by those members over the same period. 4. During the five years immediately following the creation of the intervention funds referred to in Article 9, Member States may make aid available to producers' organizations, either directly or through credit institutions, in the form of loans on special terms to cover part of the anticipated cost of market intervention within the meaning of Article 9. 5. The aid referred to in paragraph 2 shall be notified to the Commission in a report which Member States shall forward to it at the end of each financial year. When the aid referred to in paragraph 4 is granted, the Commission shall be notified immediately. 6. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article. Article 7 1. Where a producers' organization is considered to be representative of production and marketing on a part of the coast or in one or more landing places on such part of the coast, the Member State concerned may oblige producers who are not members of that organization and who market any of the products referred to in Article 1 (2) on that part of the coast or at one or more of those landing places to comply with: (a) the marketing rules referred to in the second indent of the second subparagraph of Article 5 (1); the rules adopted by the organization concerned on market withdrawal for the products listed in Annex I. A and D, provided that the withdrawal price is equal to the price set in accordance with Article 12. However, the rules adopted by the organization on the withdrawal price for the fresh or chilled products referred to in Article 1 (2) (a) and (c), other than the products referred to in Annex I. A and D, may be extended to non-members of the organization established in the areas referred to in the first subparagraph. It may be decided that the rules referred to above shall not apply to certain categories of sales. 2. The provisions of paragraph 1 may be applied by Member States only to parts of the coast on which production and marketing conditions are homogeneous. 3. Member States shall notify to the Commission the rules which they intend to make obligatory pursuant to paragraph 1. The Commission may, within two months of their notification: decide that the rules notified may not be made obligatory; or declare void the extension of the rules decided on by the Member State, in particular where, pursuant to Article 2 of Regulation (EEC) No 26 (8), it finds that Article 85 (1) of the Treaty is applicable to the agreement, decision or practice whereby the standards in question are adopted or executed. In that case the Commission's decision with regard to the agreement, decision or practice shall apply only from the date of such finding. 4. Member States shall take all appropriate measures to: - ensure that the rules referred to in paragraph 1 are complied with, - penalize breaches of those rules. They shall forthwith inform the Commission of such measures. 5. Where paragraph 1 is applied, the Member State concerned may decide that non-members are liable to the organization for all or part of the fees paid by member producers in so far as these fees are intended to cover administrative costs resulting from the application of the system referred to in paragraph 1. 6. Where paragraph 1 is applied, Member States shall effect, where necessary, through the agency of the producers' organizations, the withdrawal of products not satisfying the marketing rules or which could not be sold at a price at least equal to the withdrawal price. 8. A list of the areas referred to in paragraph 1 and the other detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 8 1. Where Article 7 (1) is applied, the Member State may grant an indemnity to producers who are not members of an organization and who are established in the Community in respect of products which: - cannot be marketed pursuant to Article 7 (1) (a), or - have been withdrawn from the market pursuant to under Article 7 (1) (b). This indemnity shall be granted without discrimination as to the nationality or place of establishment of the recipients and may not exceed 60 % of the amount arrived at by applying the withdrawal price fixed in accordance with Article 12 to the quantities withdrawn. 2. The expenditure resulting from the granting of the indemnity referred to in paragraph 1 shall be borne by the Member State concerned.
Article 7 
1. Where a producers' organization is considered to be representative of production and marketing on a part of the coast or in one or more landing places on such part of the coast, the Member State concerned may oblige producers who are not members of that organization and who market any of the products referred to in Article 1 (2) on that part of the coast or at one or more of those landing places to comply with: (a) the marketing rules referred to in the second indent of the second subparagraph of Article 5 (1); the rules adopted by the organization concerned on market withdrawal for the products listed in Annex I. A and D, provided that the withdrawal price is equal to the price set in accordance with Article 12. However, the rules adopted by the organization on the withdrawal price for the fresh or chilled products referred to in Article 1 (2) (a) and (c), other than the products referred to in Annex I. A and D, may be extended to non-members of the organization established in the areas referred to in the first subparagraph. It may be decided that the rules referred to above shall not apply to certain categories of sales. 2. The provisions of paragraph 1 may be applied by Member States only to parts of the coast on which production and marketing conditions are homogeneous. 3. Member States shall notify to the Commission the rules which they intend to make obligatory pursuant to paragraph 1. The Commission may, within two months of their notification: decide that the rules notified may not be made obligatory; or declare void the extension of the rules decided on by the Member State, in particular where, pursuant to Article 2 of Regulation (EEC) No 26 (8), it finds that Article 85 (1) of the Treaty is applicable to the agreement, decision or practice whereby the standards in question are adopted or executed. In that case the Commission's decision with regard to the agreement, decision or practice shall apply only from the date of such finding. 4. Member States shall take all appropriate measures to: - ensure that the rules referred to in paragraph 1 are complied with, - penalize breaches of those rules. They shall forthwith inform the Commission of such measures. 5. Where paragraph 1 is applied, the Member State concerned may decide that non-members are liable to the organization for all or part of the fees paid by member producers in so far as these fees are intended to cover administrative costs resulting from the application of the system referred to in paragraph 1. 6. Where paragraph 1 is applied, Member States shall effect, where necessary, through the agency of the producers' organizations, the withdrawal of products not satisfying the marketing rules or which could not be sold at a price at least equal to the withdrawal price. 7. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article. 8. A list of the areas referred to in paragraph 1 and the other detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 8 1. Where Article 7 (1) is applied, the Member State may grant an indemnity to producers who are not members of an organization and who are established in the Community in respect of products which: - cannot be marketed pursuant to Article 7 (1) (a), or - have been withdrawn from the market pursuant to under Article 7 (1) (b). This indemnity shall be granted without discrimination as to the nationality or place of establishment of the recipients and may not exceed 60 % of the amount arrived at by applying the withdrawal price fixed in accordance with Article 12 to the quantities withdrawn. 2. The expenditure resulting from the granting of the indemnity referred to in paragraph 1 shall be borne by the Member State concerned.
Article 8 
1. Where Article 7 (1) is applied, the Member State may grant an indemnity to producers who are not members of an organization and who are established in the Community in respect of products which: - cannot be marketed pursuant to Article 7 (1) (a), or - have been withdrawn from the market pursuant to under Article 7 (1) (b). This indemnity shall be granted without discrimination as to the nationality or place of establishment of the recipients and may not exceed 60 % of the amount arrived at by applying the withdrawal price fixed in accordance with Article 12 to the quantities withdrawn. 2. The expenditure resulting from the granting of the indemnity referred to in paragraph 1 shall be borne by the Member State concerned.
Article 9 
1. For the products listed in Article 1, producers' organizations may fix a withdrawal price below which they will not sell products supplied by their members. In this event, for quantities withdrawn from the market, producers' organizations: - shall grant an indemnity to members in respect of the products listed in Annex I. A and D and in Annex VI which conform to the standards adopted in accordance with Article 2, - may grant an indemnity to members in respect of other products listed in Article 1 but not in Annex I. A and D nor in Annex VI. For each product listed in Article 1, a maximum level for the withdrawal price may be fixed in accordance with paragraph 5. 2. The disposal of products thus withdrawn from the market must be determined by producers' organizations in such a way as not to interfere with normal marketing of the product in question. 3. To finance these withdrawal measures, producers' organizations shall create intervention funds fed by contributions assessed on quantities offered for sale or shall, alternatively, have recourse to an equalization system. 4. Producers' organizations shall supply the following information to the national authorities who shall communicate it to the Commission: - a list of the products for which they intend to operate the system described in paragraph 1, - the period during which withdrawal prices are applicable, - the level of withdrawal prices proposed and applied. 5. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 10 1. A guide price for each of the products listed in Annex I. A, D and E shall be fixed before the beginning of the fishing year. These prices shall be valid for the whole Community and shall be fixed for each fishing year or for each of the periods into which that year is subdivided. 2. The guide price shall be based on: - the average of prices recorded for a significant proportion of Community output and a product with given commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - an assessment of production and demand prospects. In fixing the price, account shall also be taken of the need to: - stabilize market prices and avoid the formation of surpluses in the Community, - help support producers' incomes, - consider consumers' interests. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall determine the level of the guide prices referred to in paragraph 1. Article 11 1. Throughout the period during which the guide price is applicable, Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products having the characteristics selected for fixing the guide price. 2. Markets and ports in Member States where a significant proportion of Community output of a given product is marketed shall be regarded as representative within the meaning of paragraph 1. 3. Member States shall notify the Commission every quarter of wholesale prices during the previous quarter for the products listed in Annex IV. B frozen on board and frozen on land. 4. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 2 approved, in accordance with the procedure laid down in Article 36. Article 12 1. For each of the products appearing: - in Annex I.A and D, a Community withdrawal price, - in Annex I.E, a Community selling price shall be fixed on the basis of the freshness, size or weight and the presentation of the product, hereinafter called 'product category', by applying to an amount equal at least to 70 %, and not exceeding 90 %, of the guide price, the conversion factor of the category of the product concerned. These conversion factors shall reflect the price relationship between the category of products under consideration and that adopted for fixing the guide price. The Community withdrawal price and the Community selling price must, however, in no case exceed 90 % of the guide price. 2. In order to ensure producers in landing zones which are very far away from the principal consumption centres of the Community access to markets under satisfactory conditions, the prices referred to in paragraph 1 may be weighted, for these zones, by adjustment conversions. 3. The procedures for applying this Article and, in particular, the ascertainment of the percentage of the guide price serving as an element in the calculation of the Community withdrawal prices or the Community selling prices and the determination of the landing zones referred to in paragraph 2, as well as the prices, shall be adopted according to the procedure provided for in Article 36. Article 13 1. Member States shall grant financial compensation to producers' organizations which intervene pursuant to Article 9 in respect of the products listed in Annex I.A and D on condition that: (a) the withdrawal price applied by these organizations is the Community withdrawal price fixed in accordance with Article 12, a margin of tolerance extending 10 % below and 10 % above this price being, however, permitted to take account in particular of seasonal fluctuations in market prices; products withdrawn conform to the standards adopted in accordance with Article 2; the indemnity granted to members in respect of quantities withdrawn from the market: - does not exceed the amount resulting from the application to those quantities of the withdrawal prices fixed in accordance with Article 12, and - is at least equal, for the various bands of quantities withdrawn, to the percentage of the withdrawal price referred to in paragraph 3, plus 2,5; a withdrawal price no less than the price referred to in Article 12 is applied for each category of the product concerned. However, a producers' organization which, as one of the measures referred to in Article 5 (1), applies a ban on the sale of certain categories of products shall not be required to apply the Community withdrawal price for those categories of products. 2. Financial compensation shall be granted only where products withdrawn from the market are disposed of for purposes other than human consumption or in such a way as not to interfere with normal marketing of the products referred to in Article 12. However, the compensation shall not be granted if the products withdrawn daily are below a minimum quantity or value to be fixed. 3. The financial compensation shall be equal to: - 85 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which do not exceed 5 %, - 70 %of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 5 % and do not exceed 10 %, - 55 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 10 % and do not exceed 15 %, - 40 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 15 % and do not exceed 20 %, - 0 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 20 % of the annual quantities of the product concerned which are put up for sale in accordance with Article 5 (1). The quantities withdrawn from the market shall be taken into account for financial compensation in chronological order of their withdrawal. 4. Production by members of an organization withdrawn from the market by that organization or another organization pursuant to Article 7 shall be taken into consideration for the purpose of calculating the financial compensation to be granted to the organization to which the producers in question belong. Eighty per cent of the volume of the quantities eligible for the premium referred to in Article 14 shall be used for calculating the financial compensation. 5. The financial compensation shall be reduced by the value, set at a standard amount, of the product intended for purposes other than human consumption or by the net proceeds from the disposal of products for human consumption in accordance with paragraph 2. The above value shall be set at the beginning of the fishing year. It shall, however, be adjusted if significant and lasting price changes take place on Community markets. 6. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article. 7. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 14 1. Some of the products listed in Annex I.A and D withdrawn from the market at the withdrawal price referred to in Article 12, shall be eligible for a carry-over premium, provided that they: - have been supplied by a member producer, - meet certain quality, size and presentation requirements, - are processed by one or more of the processing methods listed in paragraph 3, - are stored for a period to be determined. 2. The premium shall be granted only for quantities not exceeding 15 % of the annual quantity of the product in question put up for sale in accordance with Article 5 (1). The amount of the premium may not exceed the amount of the actual cost processing and storage nor exced 50 % of the Community withdrawal price for the fresh product. 3. The processing methods referred to in this Article are: (a) - freezing, - salting, - drying; filleting or cutting-up where these are accompanied by one of the processing methods listed in (a). 4. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article and the list of the products eligible for a carry-over premium. Article 15 1. Member States shall grant a storage premium to producers' organizations who do not sell, during the whole of the fishing year, the products appearing in E of Annex I below the Community selling price laid down in accordance with Article 12, with a tolerance margin of 10 % either above or below this price being admitted, however, to take account in particular of the seasonal fluctuations of the market prices. 2. Only the following may be considered to be quantities which may be the subject of a storage premium, i.e. those which: - were brought on to the market by a member producer, - meet certain requirements as regards quality and presentation, - have been the subject of a sale, in the course of which it was established that no purchaser was available for the Community selling price, - are either processed with a view to their freezing and stored or preserved in conditions to be determined. 3. Products which have been neither sold under the conditions referred to in the third indent of paragraph 2, nor are intended for the operations referred in the fourth indent of paragraph 2, shall be disposed of in such a way as not to impede the normal disposal of the product concerned. 4. For each of the products concerned, the storage premium shall be granted only for quantities which do not exceed 20 % of the annual quantity, offered for sale in accordance with Article 5 (1). The amount of this premium may not exceed the amount of technical and financial costs relating to operations indispensable for stabilization and storage. 5. The procedures for applying this Article shall be adopted in accordance with the procedure provided for in Article 36. Article 16 1. For products listed in Annex VI, Member States shall grant flat-rate aid to producers' organizations which practise intervention in accordance with Article 9, on condition that: (a) the said organizations determine a withdrawal price, hereinafter called an 'autonomous withdrawal price', before the beginning of the fishing year; the producers' organizations shall apply that price throughout the fishing year, a tolerance of 10 % below and 5 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer's organizations concerned during the previous three fishing years; the products withdrawn meet the standards adopted in accordance with Article 2; the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price. 2. The flat-rate aid shall be granted for quantities withdrawn from the market on condition that they: (a) were put up for sale in accordance with Article 5 (1); and were, before withdrawal, put up for sale under conditions to be determined; and - are disposed of in a way that does not affect the normal disposal of production, or - are processed and stored. Processing for the purposes of this Article shall be freezing, and filleting or cutting accompanied by freezing. 3. The flat-rate aid shall be granted only for quantities not in excess of 10 % of the annual quantities sold in accordance with Article 5 (1). The grant of flat-rate aid may be made subject to the condition that the autonomous withdrawal price does not exceed a maximum level fixed in accordance with the procedure laid down in Article 36. 4. The flat-rate aid for quantities: dealt with in accordance with the first indent of paragraph 2 (c) shall be 75 % of the withdrawal price applied during the current fishing year; dealt with in accordance with the second indent of paragraph 2 (c) may not exceed 50 % of the maximum level referred to in paragraph 1 (a) or exceed the technical costs of processing and storage recorded during the previous fishing year, the highest costs being disregarded. 5. The flat-rate aid shall be reduced by the value, fixed at a standard amount, of the product when it is disposed of as specified in the first indent of paragraph 2 (c). 6. The Member States concerned shall introduce a control system ensuring that products for which the flat-rate aid is applied do in fact qualify for it. For the purposes of this control system, recipients of the flat-rate aid shall keept stock records which meet criteria to be determined. Member states shall communicate to the Commission at intervals to be laid down a table showing average product and category prices recorded at representative wholesale markets or ports. 7. The Council, acting by a qualified majority on a proposal from the Commission shall decide, depending on the alignment of the prices for the species referred to under this Article, on their inclusion in the list of products in Annex I.A. 8. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. 9. The provisions of this Article shall apply for a period of five years from 13 November 1988. The Commission shall submit to the Council, one year before the end of that period, a report on the functioning of the scheme and in particular on the trend of prices for the products listed in Annex VI. The Council, acting by a qualified majority on a proposal from the Council, shall decide on appropriate measures before the expiry of the five-year period. Article 17 1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 10 
1. A guide price for each of the products listed in Annex I. A, D and E shall be fixed before the beginning of the fishing year. These prices shall be valid for the whole Community and shall be fixed for each fishing year or for each of the periods into which that year is subdivided. 2. The guide price shall be based on: - the average of prices recorded for a significant proportion of Community output and a product with given commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - an assessment of production and demand prospects. In fixing the price, account shall also be taken of the need to: - stabilize market prices and avoid the formation of surpluses in the Community, - help support producers' incomes, - consider consumers' interests. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall determine the level of the guide prices referred to in paragraph 1. Article 11 1. Throughout the period during which the guide price is applicable, Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products having the characteristics selected for fixing the guide price. 2. Markets and ports in Member States where a significant proportion of Community output of a given product is marketed shall be regarded as representative within the meaning of paragraph 1. 3. Member States shall notify the Commission every quarter of wholesale prices during the previous quarter for the products listed in Annex IV. B frozen on board and frozen on land. 4. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 2 approved, in accordance with the procedure laid down in Article 36. Article 12 1. For each of the products appearing: - in Annex I.A and D, a Community withdrawal price, - in Annex I.E, a Community selling price shall be fixed on the basis of the freshness, size or weight and the presentation of the product, hereinafter called 'product category', by applying to an amount equal at least to 70 %, and not exceeding 90 %, of the guide price, the conversion factor of the category of the product concerned. These conversion factors shall reflect the price relationship between the category of products under consideration and that adopted for fixing the guide price. The Community withdrawal price and the Community selling price must, however, in no case exceed 90 % of the guide price. 2. In order to ensure producers in landing zones which are very far away from the principal consumption centres of the Community access to markets under satisfactory conditions, the prices referred to in paragraph 1 may be weighted, for these zones, by adjustment conversions. 3. The procedures for applying this Article and, in particular, the ascertainment of the percentage of the guide price serving as an element in the calculation of the Community withdrawal prices or the Community selling prices and the determination of the landing zones referred to in paragraph 2, as well as the prices, shall be adopted according to the procedure provided for in Article 36. Article 13 1. Member States shall grant financial compensation to producers' organizations which intervene pursuant to Article 9 in respect of the products listed in Annex I.A and D on condition that: (a) the withdrawal price applied by these organizations is the Community withdrawal price fixed in accordance with Article 12, a margin of tolerance extending 10 % below and 10 % above this price being, however, permitted to take account in particular of seasonal fluctuations in market prices; products withdrawn conform to the standards adopted in accordance with Article 2; the indemnity granted to members in respect of quantities withdrawn from the market: - does not exceed the amount resulting from the application to those quantities of the withdrawal prices fixed in accordance with Article 12, and - is at least equal, for the various bands of quantities withdrawn, to the percentage of the withdrawal price referred to in paragraph 3, plus 2,5; a withdrawal price no less than the price referred to in Article 12 is applied for each category of the product concerned. However, a producers' organization which, as one of the measures referred to in Article 5 (1), applies a ban on the sale of certain categories of products shall not be required to apply the Community withdrawal price for those categories of products. 2. Financial compensation shall be granted only where products withdrawn from the market are disposed of for purposes other than human consumption or in such a way as not to interfere with normal marketing of the products referred to in Article 12. However, the compensation shall not be granted if the products withdrawn daily are below a minimum quantity or value to be fixed. 3. The financial compensation shall be equal to: - 85 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which do not exceed 5 %, - 70 %of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 5 % and do not exceed 10 %, - 55 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 10 % and do not exceed 15 %, - 40 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 15 % and do not exceed 20 %, - 0 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 20 % of the annual quantities of the product concerned which are put up for sale in accordance with Article 5 (1). The quantities withdrawn from the market shall be taken into account for financial compensation in chronological order of their withdrawal. 4. Production by members of an organization withdrawn from the market by that organization or another organization pursuant to Article 7 shall be taken into consideration for the purpose of calculating the financial compensation to be granted to the organization to which the producers in question belong. Eighty per cent of the volume of the quantities eligible for the premium referred to in Article 14 shall be used for calculating the financial compensation. 5. The financial compensation shall be reduced by the value, set at a standard amount, of the product intended for purposes other than human consumption or by the net proceeds from the disposal of products for human consumption in accordance with paragraph 2. The above value shall be set at the beginning of the fishing year. It shall, however, be adjusted if significant and lasting price changes take place on Community markets. 6. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article. 7. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 14 1. Some of the products listed in Annex I.A and D withdrawn from the market at the withdrawal price referred to in Article 12, shall be eligible for a carry-over premium, provided that they: - have been supplied by a member producer, - meet certain quality, size and presentation requirements, - are processed by one or more of the processing methods listed in paragraph 3, - are stored for a period to be determined. 2. The premium shall be granted only for quantities not exceeding 15 % of the annual quantity of the product in question put up for sale in accordance with Article 5 (1). The amount of the premium may not exceed the amount of the actual cost processing and storage nor exced 50 % of the Community withdrawal price for the fresh product. 3. The processing methods referred to in this Article are: (a) - freezing, - salting, - drying; filleting or cutting-up where these are accompanied by one of the processing methods listed in (a). 4. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article and the list of the products eligible for a carry-over premium. Article 15 1. Member States shall grant a storage premium to producers' organizations who do not sell, during the whole of the fishing year, the products appearing in E of Annex I below the Community selling price laid down in accordance with Article 12, with a tolerance margin of 10 % either above or below this price being admitted, however, to take account in particular of the seasonal fluctuations of the market prices. 2. Only the following may be considered to be quantities which may be the subject of a storage premium, i.e. those which: - were brought on to the market by a member producer, - meet certain requirements as regards quality and presentation, - have been the subject of a sale, in the course of which it was established that no purchaser was available for the Community selling price, - are either processed with a view to their freezing and stored or preserved in conditions to be determined. 3. Products which have been neither sold under the conditions referred to in the third indent of paragraph 2, nor are intended for the operations referred in the fourth indent of paragraph 2, shall be disposed of in such a way as not to impede the normal disposal of the product concerned. 4. For each of the products concerned, the storage premium shall be granted only for quantities which do not exceed 20 % of the annual quantity, offered for sale in accordance with Article 5 (1). The amount of this premium may not exceed the amount of technical and financial costs relating to operations indispensable for stabilization and storage. 5. The procedures for applying this Article shall be adopted in accordance with the procedure provided for in Article 36. Article 16 1. For products listed in Annex VI, Member States shall grant flat-rate aid to producers' organizations which practise intervention in accordance with Article 9, on condition that: (a) the said organizations determine a withdrawal price, hereinafter called an 'autonomous withdrawal price', before the beginning of the fishing year; the producers' organizations shall apply that price throughout the fishing year, a tolerance of 10 % below and 5 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer's organizations concerned during the previous three fishing years; the products withdrawn meet the standards adopted in accordance with Article 2; the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price. 2. The flat-rate aid shall be granted for quantities withdrawn from the market on condition that they: (a) were put up for sale in accordance with Article 5 (1); and were, before withdrawal, put up for sale under conditions to be determined; and - are disposed of in a way that does not affect the normal disposal of production, or - are processed and stored. Processing for the purposes of this Article shall be freezing, and filleting or cutting accompanied by freezing. 3. The flat-rate aid shall be granted only for quantities not in excess of 10 % of the annual quantities sold in accordance with Article 5 (1). The grant of flat-rate aid may be made subject to the condition that the autonomous withdrawal price does not exceed a maximum level fixed in accordance with the procedure laid down in Article 36. 4. The flat-rate aid for quantities: dealt with in accordance with the first indent of paragraph 2 (c) shall be 75 % of the withdrawal price applied during the current fishing year; dealt with in accordance with the second indent of paragraph 2 (c) may not exceed 50 % of the maximum level referred to in paragraph 1 (a) or exceed the technical costs of processing and storage recorded during the previous fishing year, the highest costs being disregarded. 5. The flat-rate aid shall be reduced by the value, fixed at a standard amount, of the product when it is disposed of as specified in the first indent of paragraph 2 (c). 6. The Member States concerned shall introduce a control system ensuring that products for which the flat-rate aid is applied do in fact qualify for it. For the purposes of this control system, recipients of the flat-rate aid shall keept stock records which meet criteria to be determined. Member states shall communicate to the Commission at intervals to be laid down a table showing average product and category prices recorded at representative wholesale markets or ports. 7. The Council, acting by a qualified majority on a proposal from the Commission shall decide, depending on the alignment of the prices for the species referred to under this Article, on their inclusion in the list of products in Annex I.A. 8. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. 9. The provisions of this Article shall apply for a period of five years from 13 November 1988. The Commission shall submit to the Council, one year before the end of that period, a report on the functioning of the scheme and in particular on the trend of prices for the products listed in Annex VI. The Council, acting by a qualified majority on a proposal from the Council, shall decide on appropriate measures before the expiry of the five-year period. Article 17 1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 11 
1. Throughout the period during which the guide price is applicable, Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products having the characteristics selected for fixing the guide price. 2. Markets and ports in Member States where a significant proportion of Community output of a given product is marketed shall be regarded as representative within the meaning of paragraph 1. 3. Member States shall notify the Commission every quarter of wholesale prices during the previous quarter for the products listed in Annex IV. B frozen on board and frozen on land. 4. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 2 approved, in accordance with the procedure laid down in Article 36. Article 12 1. For each of the products appearing: - in Annex I.A and D, a Community withdrawal price, - in Annex I.E, a Community selling price shall be fixed on the basis of the freshness, size or weight and the presentation of the product, hereinafter called 'product category', by applying to an amount equal at least to 70 %, and not exceeding 90 %, of the guide price, the conversion factor of the category of the product concerned. These conversion factors shall reflect the price relationship between the category of products under consideration and that adopted for fixing the guide price. The Community withdrawal price and the Community selling price must, however, in no case exceed 90 % of the guide price. 2. In order to ensure producers in landing zones which are very far away from the principal consumption centres of the Community access to markets under satisfactory conditions, the prices referred to in paragraph 1 may be weighted, for these zones, by adjustment conversions. 3. The procedures for applying this Article and, in particular, the ascertainment of the percentage of the guide price serving as an element in the calculation of the Community withdrawal prices or the Community selling prices and the determination of the landing zones referred to in paragraph 2, as well as the prices, shall be adopted according to the procedure provided for in Article 36. Article 13 1. Member States shall grant financial compensation to producers' organizations which intervene pursuant to Article 9 in respect of the products listed in Annex I.A and D on condition that: (a) the withdrawal price applied by these organizations is the Community withdrawal price fixed in accordance with Article 12, a margin of tolerance extending 10 % below and 10 % above this price being, however, permitted to take account in particular of seasonal fluctuations in market prices; products withdrawn conform to the standards adopted in accordance with Article 2; the indemnity granted to members in respect of quantities withdrawn from the market: - does not exceed the amount resulting from the application to those quantities of the withdrawal prices fixed in accordance with Article 12, and - is at least equal, for the various bands of quantities withdrawn, to the percentage of the withdrawal price referred to in paragraph 3, plus 2,5; a withdrawal price no less than the price referred to in Article 12 is applied for each category of the product concerned. However, a producers' organization which, as one of the measures referred to in Article 5 (1), applies a ban on the sale of certain categories of products shall not be required to apply the Community withdrawal price for those categories of products. 2. Financial compensation shall be granted only where products withdrawn from the market are disposed of for purposes other than human consumption or in such a way as not to interfere with normal marketing of the products referred to in Article 12. However, the compensation shall not be granted if the products withdrawn daily are below a minimum quantity or value to be fixed. 3. The financial compensation shall be equal to: - 85 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which do not exceed 5 %, - 70 %of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 5 % and do not exceed 10 %, - 55 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 10 % and do not exceed 15 %, - 40 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 15 % and do not exceed 20 %, - 0 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 20 % of the annual quantities of the product concerned which are put up for sale in accordance with Article 5 (1). The quantities withdrawn from the market shall be taken into account for financial compensation in chronological order of their withdrawal. 4. Production by members of an organization withdrawn from the market by that organization or another organization pursuant to Article 7 shall be taken into consideration for the purpose of calculating the financial compensation to be granted to the organization to which the producers in question belong. Eighty per cent of the volume of the quantities eligible for the premium referred to in Article 14 shall be used for calculating the financial compensation. 5. The financial compensation shall be reduced by the value, set at a standard amount, of the product intended for purposes other than human consumption or by the net proceeds from the disposal of products for human consumption in accordance with paragraph 2. The above value shall be set at the beginning of the fishing year. It shall, however, be adjusted if significant and lasting price changes take place on Community markets. 6. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article. 7. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 14 1. Some of the products listed in Annex I.A and D withdrawn from the market at the withdrawal price referred to in Article 12, shall be eligible for a carry-over premium, provided that they: - have been supplied by a member producer, - meet certain quality, size and presentation requirements, - are processed by one or more of the processing methods listed in paragraph 3, - are stored for a period to be determined. 2. The premium shall be granted only for quantities not exceeding 15 % of the annual quantity of the product in question put up for sale in accordance with Article 5 (1). The amount of the premium may not exceed the amount of the actual cost processing and storage nor exced 50 % of the Community withdrawal price for the fresh product. 3. The processing methods referred to in this Article are: (a) - freezing, - salting, - drying; filleting or cutting-up where these are accompanied by one of the processing methods listed in (a). 4. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article and the list of the products eligible for a carry-over premium. Article 15 1. Member States shall grant a storage premium to producers' organizations who do not sell, during the whole of the fishing year, the products appearing in E of Annex I below the Community selling price laid down in accordance with Article 12, with a tolerance margin of 10 % either above or below this price being admitted, however, to take account in particular of the seasonal fluctuations of the market prices. 2. Only the following may be considered to be quantities which may be the subject of a storage premium, i.e. those which: - were brought on to the market by a member producer, - meet certain requirements as regards quality and presentation, - have been the subject of a sale, in the course of which it was established that no purchaser was available for the Community selling price, - are either processed with a view to their freezing and stored or preserved in conditions to be determined. 3. Products which have been neither sold under the conditions referred to in the third indent of paragraph 2, nor are intended for the operations referred in the fourth indent of paragraph 2, shall be disposed of in such a way as not to impede the normal disposal of the product concerned. 4. For each of the products concerned, the storage premium shall be granted only for quantities which do not exceed 20 % of the annual quantity, offered for sale in accordance with Article 5 (1). The amount of this premium may not exceed the amount of technical and financial costs relating to operations indispensable for stabilization and storage. 5. The procedures for applying this Article shall be adopted in accordance with the procedure provided for in Article 36. Article 16 1. For products listed in Annex VI, Member States shall grant flat-rate aid to producers' organizations which practise intervention in accordance with Article 9, on condition that: (a) the said organizations determine a withdrawal price, hereinafter called an 'autonomous withdrawal price', before the beginning of the fishing year; the producers' organizations shall apply that price throughout the fishing year, a tolerance of 10 % below and 5 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer's organizations concerned during the previous three fishing years; the products withdrawn meet the standards adopted in accordance with Article 2; the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price. 2. The flat-rate aid shall be granted for quantities withdrawn from the market on condition that they: (a) were put up for sale in accordance with Article 5 (1); and were, before withdrawal, put up for sale under conditions to be determined; and - are disposed of in a way that does not affect the normal disposal of production, or - are processed and stored. Processing for the purposes of this Article shall be freezing, and filleting or cutting accompanied by freezing. 3. The flat-rate aid shall be granted only for quantities not in excess of 10 % of the annual quantities sold in accordance with Article 5 (1). The grant of flat-rate aid may be made subject to the condition that the autonomous withdrawal price does not exceed a maximum level fixed in accordance with the procedure laid down in Article 36. 4. The flat-rate aid for quantities: dealt with in accordance with the first indent of paragraph 2 (c) shall be 75 % of the withdrawal price applied during the current fishing year; dealt with in accordance with the second indent of paragraph 2 (c) may not exceed 50 % of the maximum level referred to in paragraph 1 (a) or exceed the technical costs of processing and storage recorded during the previous fishing year, the highest costs being disregarded. 5. The flat-rate aid shall be reduced by the value, fixed at a standard amount, of the product when it is disposed of as specified in the first indent of paragraph 2 (c). 6. The Member States concerned shall introduce a control system ensuring that products for which the flat-rate aid is applied do in fact qualify for it. For the purposes of this control system, recipients of the flat-rate aid shall keept stock records which meet criteria to be determined. Member states shall communicate to the Commission at intervals to be laid down a table showing average product and category prices recorded at representative wholesale markets or ports. 7. The Council, acting by a qualified majority on a proposal from the Commission shall decide, depending on the alignment of the prices for the species referred to under this Article, on their inclusion in the list of products in Annex I.A. 8. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. 9. The provisions of this Article shall apply for a period of five years from 13 November 1988. The Commission shall submit to the Council, one year before the end of that period, a report on the functioning of the scheme and in particular on the trend of prices for the products listed in Annex VI. The Council, acting by a qualified majority on a proposal from the Council, shall decide on appropriate measures before the expiry of the five-year period. Article 17 1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 12 
1. For each of the products appearing: - in Annex I.A and D, a Community withdrawal price, - in Annex I.E, a Community selling price shall be fixed on the basis of the freshness, size or weight and the presentation of the product, hereinafter called 'product category', by applying to an amount equal at least to 70 %, and not exceeding 90 %, of the guide price, the conversion factor of the category of the product concerned. These conversion factors shall reflect the price relationship between the category of products under consideration and that adopted for fixing the guide price. The Community withdrawal price and the Community selling price must, however, in no case exceed 90 % of the guide price. 2. In order to ensure producers in landing zones which are very far away from the principal consumption centres of the Community access to markets under satisfactory conditions, the prices referred to in paragraph 1 may be weighted, for these zones, by adjustment conversions. 3. The procedures for applying this Article and, in particular, the ascertainment of the percentage of the guide price serving as an element in the calculation of the Community withdrawal prices or the Community selling prices and the determination of the landing zones referred to in paragraph 2, as well as the prices, shall be adopted according to the procedure provided for in Article 36. Article 13 1. Member States shall grant financial compensation to producers' organizations which intervene pursuant to Article 9 in respect of the products listed in Annex I.A and D on condition that: (a) the withdrawal price applied by these organizations is the Community withdrawal price fixed in accordance with Article 12, a margin of tolerance extending 10 % below and 10 % above this price being, however, permitted to take account in particular of seasonal fluctuations in market prices; products withdrawn conform to the standards adopted in accordance with Article 2; the indemnity granted to members in respect of quantities withdrawn from the market: - does not exceed the amount resulting from the application to those quantities of the withdrawal prices fixed in accordance with Article 12, and - is at least equal, for the various bands of quantities withdrawn, to the percentage of the withdrawal price referred to in paragraph 3, plus 2,5; a withdrawal price no less than the price referred to in Article 12 is applied for each category of the product concerned. However, a producers' organization which, as one of the measures referred to in Article 5 (1), applies a ban on the sale of certain categories of products shall not be required to apply the Community withdrawal price for those categories of products. 2. Financial compensation shall be granted only where products withdrawn from the market are disposed of for purposes other than human consumption or in such a way as not to interfere with normal marketing of the products referred to in Article 12. However, the compensation shall not be granted if the products withdrawn daily are below a minimum quantity or value to be fixed. 3. The financial compensation shall be equal to: - 85 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which do not exceed 5 %, - 70 %of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 5 % and do not exceed 10 %, - 55 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 10 % and do not exceed 15 %, - 40 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 15 % and do not exceed 20 %, - 0 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 20 % of the annual quantities of the product concerned which are put up for sale in accordance with Article 5 (1). The quantities withdrawn from the market shall be taken into account for financial compensation in chronological order of their withdrawal. 4. Production by members of an organization withdrawn from the market by that organization or another organization pursuant to Article 7 shall be taken into consideration for the purpose of calculating the financial compensation to be granted to the organization to which the producers in question belong. Eighty per cent of the volume of the quantities eligible for the premium referred to in Article 14 shall be used for calculating the financial compensation. 5. The financial compensation shall be reduced by the value, set at a standard amount, of the product intended for purposes other than human consumption or by the net proceeds from the disposal of products for human consumption in accordance with paragraph 2. The above value shall be set at the beginning of the fishing year. It shall, however, be adjusted if significant and lasting price changes take place on Community markets. 6. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article. 7. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 14 1. Some of the products listed in Annex I.A and D withdrawn from the market at the withdrawal price referred to in Article 12, shall be eligible for a carry-over premium, provided that they: - have been supplied by a member producer, - meet certain quality, size and presentation requirements, - are processed by one or more of the processing methods listed in paragraph 3, - are stored for a period to be determined. 2. The premium shall be granted only for quantities not exceeding 15 % of the annual quantity of the product in question put up for sale in accordance with Article 5 (1). The amount of the premium may not exceed the amount of the actual cost processing and storage nor exced 50 % of the Community withdrawal price for the fresh product. 3. The processing methods referred to in this Article are: (a) - freezing, - salting, - drying; filleting or cutting-up where these are accompanied by one of the processing methods listed in (a). 4. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article and the list of the products eligible for a carry-over premium. Article 15 1. Member States shall grant a storage premium to producers' organizations who do not sell, during the whole of the fishing year, the products appearing in E of Annex I below the Community selling price laid down in accordance with Article 12, with a tolerance margin of 10 % either above or below this price being admitted, however, to take account in particular of the seasonal fluctuations of the market prices. 2. Only the following may be considered to be quantities which may be the subject of a storage premium, i.e. those which: - were brought on to the market by a member producer, - meet certain requirements as regards quality and presentation, - have been the subject of a sale, in the course of which it was established that no purchaser was available for the Community selling price, - are either processed with a view to their freezing and stored or preserved in conditions to be determined. 3. Products which have been neither sold under the conditions referred to in the third indent of paragraph 2, nor are intended for the operations referred in the fourth indent of paragraph 2, shall be disposed of in such a way as not to impede the normal disposal of the product concerned. 4. For each of the products concerned, the storage premium shall be granted only for quantities which do not exceed 20 % of the annual quantity, offered for sale in accordance with Article 5 (1). The amount of this premium may not exceed the amount of technical and financial costs relating to operations indispensable for stabilization and storage. 5. The procedures for applying this Article shall be adopted in accordance with the procedure provided for in Article 36. Article 16 1. For products listed in Annex VI, Member States shall grant flat-rate aid to producers' organizations which practise intervention in accordance with Article 9, on condition that: (a) the said organizations determine a withdrawal price, hereinafter called an 'autonomous withdrawal price', before the beginning of the fishing year; the producers' organizations shall apply that price throughout the fishing year, a tolerance of 10 % below and 5 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer's organizations concerned during the previous three fishing years; the products withdrawn meet the standards adopted in accordance with Article 2; the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price. 2. The flat-rate aid shall be granted for quantities withdrawn from the market on condition that they: (a) were put up for sale in accordance with Article 5 (1); and were, before withdrawal, put up for sale under conditions to be determined; and - are disposed of in a way that does not affect the normal disposal of production, or - are processed and stored. Processing for the purposes of this Article shall be freezing, and filleting or cutting accompanied by freezing. 3. The flat-rate aid shall be granted only for quantities not in excess of 10 % of the annual quantities sold in accordance with Article 5 (1). The grant of flat-rate aid may be made subject to the condition that the autonomous withdrawal price does not exceed a maximum level fixed in accordance with the procedure laid down in Article 36. 4. The flat-rate aid for quantities: dealt with in accordance with the first indent of paragraph 2 (c) shall be 75 % of the withdrawal price applied during the current fishing year; dealt with in accordance with the second indent of paragraph 2 (c) may not exceed 50 % of the maximum level referred to in paragraph 1 (a) or exceed the technical costs of processing and storage recorded during the previous fishing year, the highest costs being disregarded. 5. The flat-rate aid shall be reduced by the value, fixed at a standard amount, of the product when it is disposed of as specified in the first indent of paragraph 2 (c). 6. The Member States concerned shall introduce a control system ensuring that products for which the flat-rate aid is applied do in fact qualify for it. For the purposes of this control system, recipients of the flat-rate aid shall keept stock records which meet criteria to be determined. Member states shall communicate to the Commission at intervals to be laid down a table showing average product and category prices recorded at representative wholesale markets or ports. 7. The Council, acting by a qualified majority on a proposal from the Commission shall decide, depending on the alignment of the prices for the species referred to under this Article, on their inclusion in the list of products in Annex I.A. 8. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. 9. The provisions of this Article shall apply for a period of five years from 13 November 1988. The Commission shall submit to the Council, one year before the end of that period, a report on the functioning of the scheme and in particular on the trend of prices for the products listed in Annex VI. The Council, acting by a qualified majority on a proposal from the Council, shall decide on appropriate measures before the expiry of the five-year period. Article 17 1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 13 
1. Member States shall grant financial compensation to producers' organizations which intervene pursuant to Article 9 in respect of the products listed in Annex I.A and D on condition that: (a) the withdrawal price applied by these organizations is the Community withdrawal price fixed in accordance with Article 12, a margin of tolerance extending 10 % below and 10 % above this price being, however, permitted to take account in particular of seasonal fluctuations in market prices; products withdrawn conform to the standards adopted in accordance with Article 2; the indemnity granted to members in respect of quantities withdrawn from the market: - does not exceed the amount resulting from the application to those quantities of the withdrawal prices fixed in accordance with Article 12, and - is at least equal, for the various bands of quantities withdrawn, to the percentage of the withdrawal price referred to in paragraph 3, plus 2,5; a withdrawal price no less than the price referred to in Article 12 is applied for each category of the product concerned. However, a producers' organization which, as one of the measures referred to in Article 5 (1), applies a ban on the sale of certain categories of products shall not be required to apply the Community withdrawal price for those categories of products. 2. Financial compensation shall be granted only where products withdrawn from the market are disposed of for purposes other than human consumption or in such a way as not to interfere with normal marketing of the products referred to in Article 12. However, the compensation shall not be granted if the products withdrawn daily are below a minimum quantity or value to be fixed. 3. The financial compensation shall be equal to: - 85 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which do not exceed 5 %, - 70 %of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 5 % and do not exceed 10 %, - 55 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 10 % and do not exceed 15 %, - 40 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 15 % and do not exceed 20 %, - 0 % of the withdrawal price for quantities withdrawn from the market by the producers' organizations concerned which exceed 20 % of the annual quantities of the product concerned which are put up for sale in accordance with Article 5 (1). The quantities withdrawn from the market shall be taken into account for financial compensation in chronological order of their withdrawal. 4. Production by members of an organization withdrawn from the market by that organization or another organization pursuant to Article 7 shall be taken into consideration for the purpose of calculating the financial compensation to be granted to the organization to which the producers in question belong. Eighty per cent of the volume of the quantities eligible for the premium referred to in Article 14 shall be used for calculating the financial compensation. 5. The financial compensation shall be reduced by the value, set at a standard amount, of the product intended for purposes other than human consumption or by the net proceeds from the disposal of products for human consumption in accordance with paragraph 2. The above value shall be set at the beginning of the fishing year. It shall, however, be adjusted if significant and lasting price changes take place on Community markets. 6. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article. 7. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 14 1. Some of the products listed in Annex I.A and D withdrawn from the market at the withdrawal price referred to in Article 12, shall be eligible for a carry-over premium, provided that they: - have been supplied by a member producer, - meet certain quality, size and presentation requirements, - are processed by one or more of the processing methods listed in paragraph 3, - are stored for a period to be determined. 2. The premium shall be granted only for quantities not exceeding 15 % of the annual quantity of the product in question put up for sale in accordance with Article 5 (1). The amount of the premium may not exceed the amount of the actual cost processing and storage nor exced 50 % of the Community withdrawal price for the fresh product. 3. The processing methods referred to in this Article are: (a) - freezing, - salting, - drying; filleting or cutting-up where these are accompanied by one of the processing methods listed in (a). 4. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article and the list of the products eligible for a carry-over premium. Article 15 1. Member States shall grant a storage premium to producers' organizations who do not sell, during the whole of the fishing year, the products appearing in E of Annex I below the Community selling price laid down in accordance with Article 12, with a tolerance margin of 10 % either above or below this price being admitted, however, to take account in particular of the seasonal fluctuations of the market prices. 2. Only the following may be considered to be quantities which may be the subject of a storage premium, i.e. those which: - were brought on to the market by a member producer, - meet certain requirements as regards quality and presentation, - have been the subject of a sale, in the course of which it was established that no purchaser was available for the Community selling price, - are either processed with a view to their freezing and stored or preserved in conditions to be determined. 3. Products which have been neither sold under the conditions referred to in the third indent of paragraph 2, nor are intended for the operations referred in the fourth indent of paragraph 2, shall be disposed of in such a way as not to impede the normal disposal of the product concerned. 4. For each of the products concerned, the storage premium shall be granted only for quantities which do not exceed 20 % of the annual quantity, offered for sale in accordance with Article 5 (1). The amount of this premium may not exceed the amount of technical and financial costs relating to operations indispensable for stabilization and storage. 5. The procedures for applying this Article shall be adopted in accordance with the procedure provided for in Article 36. Article 16 1. For products listed in Annex VI, Member States shall grant flat-rate aid to producers' organizations which practise intervention in accordance with Article 9, on condition that: (a) the said organizations determine a withdrawal price, hereinafter called an 'autonomous withdrawal price', before the beginning of the fishing year; the producers' organizations shall apply that price throughout the fishing year, a tolerance of 10 % below and 5 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer's organizations concerned during the previous three fishing years; the products withdrawn meet the standards adopted in accordance with Article 2; the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price. 2. The flat-rate aid shall be granted for quantities withdrawn from the market on condition that they: (a) were put up for sale in accordance with Article 5 (1); and were, before withdrawal, put up for sale under conditions to be determined; and - are disposed of in a way that does not affect the normal disposal of production, or - are processed and stored. Processing for the purposes of this Article shall be freezing, and filleting or cutting accompanied by freezing. 3. The flat-rate aid shall be granted only for quantities not in excess of 10 % of the annual quantities sold in accordance with Article 5 (1). The grant of flat-rate aid may be made subject to the condition that the autonomous withdrawal price does not exceed a maximum level fixed in accordance with the procedure laid down in Article 36. 4. The flat-rate aid for quantities: dealt with in accordance with the first indent of paragraph 2 (c) shall be 75 % of the withdrawal price applied during the current fishing year; dealt with in accordance with the second indent of paragraph 2 (c) may not exceed 50 % of the maximum level referred to in paragraph 1 (a) or exceed the technical costs of processing and storage recorded during the previous fishing year, the highest costs being disregarded. 5. The flat-rate aid shall be reduced by the value, fixed at a standard amount, of the product when it is disposed of as specified in the first indent of paragraph 2 (c). 6. The Member States concerned shall introduce a control system ensuring that products for which the flat-rate aid is applied do in fact qualify for it. For the purposes of this control system, recipients of the flat-rate aid shall keept stock records which meet criteria to be determined. Member states shall communicate to the Commission at intervals to be laid down a table showing average product and category prices recorded at representative wholesale markets or ports. 7. The Council, acting by a qualified majority on a proposal from the Commission shall decide, depending on the alignment of the prices for the species referred to under this Article, on their inclusion in the list of products in Annex I.A. 8. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. 9. The provisions of this Article shall apply for a period of five years from 13 November 1988. The Commission shall submit to the Council, one year before the end of that period, a report on the functioning of the scheme and in particular on the trend of prices for the products listed in Annex VI. The Council, acting by a qualified majority on a proposal from the Council, shall decide on appropriate measures before the expiry of the five-year period. Article 17 1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 14 
1. Some of the products listed in Annex I.A and D withdrawn from the market at the withdrawal price referred to in Article 12, shall be eligible for a carry-over premium, provided that they: - have been supplied by a member producer, - meet certain quality, size and presentation requirements, - are processed by one or more of the processing methods listed in paragraph 3, - are stored for a period to be determined. 2. The premium shall be granted only for quantities not exceeding 15 % of the annual quantity of the product in question put up for sale in accordance with Article 5 (1). The amount of the premium may not exceed the amount of the actual cost processing and storage nor exced 50 % of the Community withdrawal price for the fresh product. 3. The processing methods referred to in this Article are: (a) - freezing, - salting, - drying; filleting or cutting-up where these are accompanied by one of the processing methods listed in (a). 4. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the application of this Article and the list of the products eligible for a carry-over premium. 5. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. Article 15 1. Member States shall grant a storage premium to producers' organizations who do not sell, during the whole of the fishing year, the products appearing in E of Annex I below the Community selling price laid down in accordance with Article 12, with a tolerance margin of 10 % either above or below this price being admitted, however, to take account in particular of the seasonal fluctuations of the market prices. 2. Only the following may be considered to be quantities which may be the subject of a storage premium, i.e. those which: - were brought on to the market by a member producer, - meet certain requirements as regards quality and presentation, - have been the subject of a sale, in the course of which it was established that no purchaser was available for the Community selling price, - are either processed with a view to their freezing and stored or preserved in conditions to be determined. 3. Products which have been neither sold under the conditions referred to in the third indent of paragraph 2, nor are intended for the operations referred in the fourth indent of paragraph 2, shall be disposed of in such a way as not to impede the normal disposal of the product concerned. 4. For each of the products concerned, the storage premium shall be granted only for quantities which do not exceed 20 % of the annual quantity, offered for sale in accordance with Article 5 (1). The amount of this premium may not exceed the amount of technical and financial costs relating to operations indispensable for stabilization and storage. 5. The procedures for applying this Article shall be adopted in accordance with the procedure provided for in Article 36. Article 16 1. For products listed in Annex VI, Member States shall grant flat-rate aid to producers' organizations which practise intervention in accordance with Article 9, on condition that: (a) the said organizations determine a withdrawal price, hereinafter called an 'autonomous withdrawal price', before the beginning of the fishing year; the producers' organizations shall apply that price throughout the fishing year, a tolerance of 10 % below and 5 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer's organizations concerned during the previous three fishing years; the products withdrawn meet the standards adopted in accordance with Article 2; the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price. 2. The flat-rate aid shall be granted for quantities withdrawn from the market on condition that they: (a) were put up for sale in accordance with Article 5 (1); and were, before withdrawal, put up for sale under conditions to be determined; and - are disposed of in a way that does not affect the normal disposal of production, or - are processed and stored. Processing for the purposes of this Article shall be freezing, and filleting or cutting accompanied by freezing. 3. The flat-rate aid shall be granted only for quantities not in excess of 10 % of the annual quantities sold in accordance with Article 5 (1). The grant of flat-rate aid may be made subject to the condition that the autonomous withdrawal price does not exceed a maximum level fixed in accordance with the procedure laid down in Article 36. 4. The flat-rate aid for quantities: dealt with in accordance with the first indent of paragraph 2 (c) shall be 75 % of the withdrawal price applied during the current fishing year; dealt with in accordance with the second indent of paragraph 2 (c) may not exceed 50 % of the maximum level referred to in paragraph 1 (a) or exceed the technical costs of processing and storage recorded during the previous fishing year, the highest costs being disregarded. 5. The flat-rate aid shall be reduced by the value, fixed at a standard amount, of the product when it is disposed of as specified in the first indent of paragraph 2 (c). 6. The Member States concerned shall introduce a control system ensuring that products for which the flat-rate aid is applied do in fact qualify for it. For the purposes of this control system, recipients of the flat-rate aid shall keept stock records which meet criteria to be determined. Member states shall communicate to the Commission at intervals to be laid down a table showing average product and category prices recorded at representative wholesale markets or ports. 7. The Council, acting by a qualified majority on a proposal from the Commission shall decide, depending on the alignment of the prices for the species referred to under this Article, on their inclusion in the list of products in Annex I.A. 9. The provisions of this Article shall apply for a period of five years from 13 November 1988. The Commission shall submit to the Council, one year before the end of that period, a report on the functioning of the scheme and in particular on the trend of prices for the products listed in Annex VI. The Council, acting by a qualified majority on a proposal from the Council, shall decide on appropriate measures before the expiry of the five-year period. Article 17 1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 15 
1. Member States shall grant a storage premium to producers' organizations who do not sell, during the whole of the fishing year, the products appearing in E of Annex I below the Community selling price laid down in accordance with Article 12, with a tolerance margin of 10 % either above or below this price being admitted, however, to take account in particular of the seasonal fluctuations of the market prices. 2. Only the following may be considered to be quantities which may be the subject of a storage premium, i.e. those which: - were brought on to the market by a member producer, - meet certain requirements as regards quality and presentation, - have been the subject of a sale, in the course of which it was established that no purchaser was available for the Community selling price, - are either processed with a view to their freezing and stored or preserved in conditions to be determined. 3. Products which have been neither sold under the conditions referred to in the third indent of paragraph 2, nor are intended for the operations referred in the fourth indent of paragraph 2, shall be disposed of in such a way as not to impede the normal disposal of the product concerned. 4. For each of the products concerned, the storage premium shall be granted only for quantities which do not exceed 20 % of the annual quantity, offered for sale in accordance with Article 5 (1). The amount of this premium may not exceed the amount of technical and financial costs relating to operations indispensable for stabilization and storage. 5. The procedures for applying this Article shall be adopted in accordance with the procedure provided for in Article 36. Article 16 1. For products listed in Annex VI, Member States shall grant flat-rate aid to producers' organizations which practise intervention in accordance with Article 9, on condition that: (a) the said organizations determine a withdrawal price, hereinafter called an 'autonomous withdrawal price', before the beginning of the fishing year; the producers' organizations shall apply that price throughout the fishing year, a tolerance of 10 % below and 5 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer's organizations concerned during the previous three fishing years; the products withdrawn meet the standards adopted in accordance with Article 2; the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price. 2. The flat-rate aid shall be granted for quantities withdrawn from the market on condition that they: (a) were put up for sale in accordance with Article 5 (1); and were, before withdrawal, put up for sale under conditions to be determined; and - are disposed of in a way that does not affect the normal disposal of production, or - are processed and stored. Processing for the purposes of this Article shall be freezing, and filleting or cutting accompanied by freezing. 3. The flat-rate aid shall be granted only for quantities not in excess of 10 % of the annual quantities sold in accordance with Article 5 (1). The grant of flat-rate aid may be made subject to the condition that the autonomous withdrawal price does not exceed a maximum level fixed in accordance with the procedure laid down in Article 36. 4. The flat-rate aid for quantities: dealt with in accordance with the first indent of paragraph 2 (c) shall be 75 % of the withdrawal price applied during the current fishing year; dealt with in accordance with the second indent of paragraph 2 (c) may not exceed 50 % of the maximum level referred to in paragraph 1 (a) or exceed the technical costs of processing and storage recorded during the previous fishing year, the highest costs being disregarded. 5. The flat-rate aid shall be reduced by the value, fixed at a standard amount, of the product when it is disposed of as specified in the first indent of paragraph 2 (c). 6. The Member States concerned shall introduce a control system ensuring that products for which the flat-rate aid is applied do in fact qualify for it. For the purposes of this control system, recipients of the flat-rate aid shall keept stock records which meet criteria to be determined. Member states shall communicate to the Commission at intervals to be laid down a table showing average product and category prices recorded at representative wholesale markets or ports. 7. The Council, acting by a qualified majority on a proposal from the Commission shall decide, depending on the alignment of the prices for the species referred to under this Article, on their inclusion in the list of products in Annex I.A. 8. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. 9. The provisions of this Article shall apply for a period of five years from 13 November 1988. The Commission shall submit to the Council, one year before the end of that period, a report on the functioning of the scheme and in particular on the trend of prices for the products listed in Annex VI. The Council, acting by a qualified majority on a proposal from the Council, shall decide on appropriate measures before the expiry of the five-year period. Article 17 1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 16 
1. For products listed in Annex VI, Member States shall grant flat-rate aid to producers' organizations which practise intervention in accordance with Article 9, on condition that: (a) the said organizations determine a withdrawal price, hereinafter called an 'autonomous withdrawal price', before the beginning of the fishing year; the producers' organizations shall apply that price throughout the fishing year, a tolerance of 10 % below and 5 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer's organizations concerned during the previous three fishing years; the products withdrawn meet the standards adopted in accordance with Article 2; the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price. 2. The flat-rate aid shall be granted for quantities withdrawn from the market on condition that they: (a) were put up for sale in accordance with Article 5 (1); and were, before withdrawal, put up for sale under conditions to be determined; and - are disposed of in a way that does not affect the normal disposal of production, or - are processed and stored. Processing for the purposes of this Article shall be freezing, and filleting or cutting accompanied by freezing. 3. The flat-rate aid shall be granted only for quantities not in excess of 10 % of the annual quantities sold in accordance with Article 5 (1). The grant of flat-rate aid may be made subject to the condition that the autonomous withdrawal price does not exceed a maximum level fixed in accordance with the procedure laid down in Article 36. 4. The flat-rate aid for quantities: dealt with in accordance with the first indent of paragraph 2 (c) shall be 75 % of the withdrawal price applied during the current fishing year; dealt with in accordance with the second indent of paragraph 2 (c) may not exceed 50 % of the maximum level referred to in paragraph 1 (a) or exceed the technical costs of processing and storage recorded during the previous fishing year, the highest costs being disregarded. 5. The flat-rate aid shall be reduced by the value, fixed at a standard amount, of the product when it is disposed of as specified in the first indent of paragraph 2 (c). 6. The Member States concerned shall introduce a control system ensuring that products for which the flat-rate aid is applied do in fact qualify for it. For the purposes of this control system, recipients of the flat-rate aid shall keept stock records which meet criteria to be determined. Member states shall communicate to the Commission at intervals to be laid down a table showing average product and category prices recorded at representative wholesale markets or ports. 7. The Council, acting by a qualified majority on a proposal from the Commission shall decide, depending on the alignment of the prices for the species referred to under this Article, on their inclusion in the list of products in Annex I.A. 8. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36. 9. The provisions of this Article shall apply for a period of five years from 13 November 1988. The Commission shall submit to the Council, one year before the end of that period, a report on the functioning of the scheme and in particular on the trend of prices for the products listed in Annex VI. The Council, acting by a qualified majority on a proposal from the Council, shall decide on appropriate measures before the expiry of the five-year period. Article 17 1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 17 
1. For each of the products or groups of products listed in Annex II, a guide price to be valid for the Community throughout the year shall be fixed each year and determined in accordance with Article 10 (2). 2. The Member States shall notify the Commission of the prices recorded on representative wholesale markets or in representative ports for products or groups of products having the characteristics selected for fixing the guide price referred to in paragraph 1. 3. Markets and ports in Member states where a significant proportion of Community output of a given product is marketed shall be considered as representative within the meaning of paragraph 2. 4. The Council, acting by a qualified majority on a proposal from the Commission, shall fix the guide price referred to in paragraph 1. 5. Detailed rules for the application of this Article shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid down in Article 36. Article 18 1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.
Article 18 
1. Private storage aid for the products listed in Annexes II and III may be granted to producers' organizations applying Article 5 (1) to production and marketing during the current fishing year if: (a) the average prices realized for a product offered for sale by the producers' organizations during a significant period to be determined are less than: - 85 % of the guide price mentioned in Article 17 (1) for the products in Annex II, and - 95 % of the Community producer price mentioned in Article 19 (1) for the products of Annex III; and the price situation is likely to persist. 2. The following rules shall apply to the grant of private storage aid: - the products must have been fished, frozen on board and landed in the Community by a member of a producers' organization, - the aid shall be restricted to 20 % of the average quantity of the products offered for sale in the Community in accordance with Article 5 during the same period of three fishing years preceding the fishing year in respect of which the aid is granted. Aid may not, however, be granted for more than 20 % of the quantity offered for sale during the period in progress, - it must have been established, under conditions to be laid down, that the products concerned are Community products, - the products must be stored for a minimum period and then placed on the Community market again. 3. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively. 4. Detailed rules for the application of this Article, in particular the amount of the private storage aid and the conditions on which it is granted, shall be adopted in accordance with the procedure laid down in Article 36. 5. Notwithstanding paragraphs 1 and 2 and until 31 December 1991, the aid shall also be granted to producers who are established in Greece and do not belong to a producers' organization. Article 19 1. For the products listed in Annex III, a Community producer shall be fixed before the beginning of each fishing year. That price shall be valid throughout the Community and shall be fixed for each fishing year. 2. The Community producer price shall be fixed: - on the basis of the average of prices recorded for a significant proportion of Community output and a product with well defined commercial characteristics on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, - taking into account trends in production and demand. In fixing this price, account shall also be taken of the need to: - take into consideration the flows of supply of the Community canning industry, - help support producers' incomes, - avoid the formation of surpluses in the Community. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall set the Community producer price referred to in paragraph 1 before the beginning of each fishing year. 4. Member States shall notify the Commission of average monthly prices recorded at representative wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics. 5. For the purpose of paragraph 4 the representative markets and ports of the Member States shall be those where a significant proportion of Community production of tuna is marked. 6. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna and and a list of the presentative markets and ports referred to in paragraph 4, shall be adopted in accordance with the procedure laid down in Article 36. Article 20 1. Within the limits laid down in paragraph 4, an allowance shall be granted to producers' organizations in respect of the products listed in Annex III if it is found, in respect of a given calendar quarter, that - the average selling price recorded on the Community market, and - the free-at-frontier price mentioned in Article 24 plus any applicable countervailing charge, are both lower than a triggering threshold of 93 % of the Community producer price for the product in question. 2. The allowance shall be granted to producers' organizations for quantities of the product in question caught by their members and sold and delivered during the quarter in question to canning industries located within the customs territory of the Community, subject to the conditions and limits laid down in this Article. 3. The allowance may not exceed: - the difference between the triggering threshold and the average selling price of the product in question recorded on the Community market, or - a flat-rate amount equivalent to 12 % of the said threshold, or - for each producers' organization, the difference between that threshold and the average selling price realized by that producers' organization. 4. In the quarter in respect of which the allowance is granted, the total quantities that may be eligible for the allowance shall in no case exceed: - 62,8 % of the quantities of tuna used by the Community canning industry during that quarter, - the average quantities sold and delivered in accordance with Article 2 during the equivalent quarter of the three fishing years preceding the one in respect of which the allowance is paid, - 110 % of the average quantities sold and delivered in accordance with paragraph 2 during the equivalent quarter of the fishing years 1984 to 1986. 5. In the light of the trends in Community production and the supply situation in the Community canning industry, the Council, acting by a qualified majority on a proposal from the Commission, shall, before 1 January 1993, determine any necessary amendments to be made to the percentages and the reference period referred to in paragraph 4. 6. Within the limits laid down in paragraph 4, the amount of the allowance granted to each producers' organization shall be equal to: - the amount laid down in paragraph 3 for quantities of the product in question which have been disposed of in accordance with paragraph 2 and which do not exceed the average quantities sold and delivered under the same conditions by its members in the equivalent quarter in the reference fishing years 1984 to 1986, - 95 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed the average quantities referred to in the previous indent, up to a limit of 110 % of those quantities, - 90 % of the amount laid down in paragraph 3 for quantities of the product in question which exceed those laid down in the previous indent and which are equal to the surplus of the quantities resulting from the allocation amoung producers' organizations of the quantities eligible for an allowance under paragraph 4. The allocation shall be made between the producers' organizations concerned proportionately on the basis of their respective production during the equivalent quarter in the fishing year 1984 to 1986. 7. Producers' organizations shall allocate the allowance granted to their members proportionately on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 2. The allowance paid by a producers' organization to its member producers shall be increased by a compensatory payment equal to: - 2,5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to that amount, - 5 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 95 % of that amount, - 10 % of the amount laid down in paragraph 3 when the amount paid to the producers' organization is equal to 90 % of that amount. This compensation shall be financed by a fund set up in accordance with Article 9 (3). 8. The storage aid granted pursuant to Article 18 shall be deducted from the compensatory allowance for quantities in respect of which it has been paid. 9. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for the grant of the allowance. 10. Detailed rules for the application of this Article, in particular the amount of the allowance and the rules for its grant, shall be adopted in accordance with the procedure laid down in Article 36. Article 21 1. Compensation shall be granted if necessary to Community producers of the products listed in Annex IV.A.2. 2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt general rules for granting the compensation. 3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 36.