COMMISSION REGULATION (EEC) No 1962/93 of 20 July 1993 providing for the grant of compensation to producers' organizations in respect of tuna delivered to the canning industry during the period 1 October to 31 December 1992
THE COMMISSION  OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery products (1), as amended by Regulation (EEC) No 697/93 (2), and in particular Article 18 (8) thereof,
Whereas the compensation referred to in Article 18 of Regulation (EEC) No 3759/92 is granted, under certain conditions, to Community tuna producers' organizations in respect of quantities of tuna delivered to the canning industry, during the calendar  quarter for which prices were recorded, where the average quarterly price recorded on the Community market and the free-at-frontier price, plus, if necessary, the countervailing charge, are both lower than 93 % of the Community producer price for the  product in question;
Whereas examination of the situation of the Community market has shown that for two species of the product in question, for the period 1 October to 31 December 1992, both the average quarterly market price and the free-at-frontier price referred to in
Article 18
of Regulation (EEC) No 3759/92 were lower than 93 % of the Community producer price in force as laid down in Council Regulation (EEC) No 3570/91 of 28 November 1991 fixing, in respect of the 1992 fishing year, the Community producer price for  tuna intended for the industrial manufacture of products falling within CN code 1604 (3);
Whereas the quantities eligible for compensation, within the meaning of Article 18 (2) of Regulation (EEC) No 3759/92, shall not under any circumstances exceed, for the quarter concerned, the limits laid down in paragrph 4 of that Article;
Whereas during the quarter concerned the quantities sold and delivered to canning industries established in Community customs territory are, in the case of two presentations of yellowfin tuna, higher than those sold and delivered during the same quarter  of the last three fishing years; whereas these quantities exceed the limits set in the first indent of Article 18 (4) of Regulation (EEC) No 3759/92, the total quantities of these products should therefore be limited to those eligible for compensation  and the quantities granted to each producers' organization concerned should be determined in accordance with their respective output during the same quarter of the 1984 to 1986 fishing years;
Whereas, the granting of compensation for the products in question should be decided for the period from 1 October to 31 December 1992;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
The compensation referred to in Article 18 of Regulation (EEC) No 3759/92, with the exception of that relating to yellowfin tuna, shall be granted for the period 1 October to 31 December 1192, in respect of the products listed and within the  limits set out below:
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1. The total quantities of products set out below that may be eligible for the allowance are hereby limited for the two presentations of yellowfin tuna, as follows:
Yellowfin tuna, larger than 10 kg: 16 016 tonnes,
Yellowfin tuna, 10 kg or less: 3 017 tonnes.
2. The allocation of the total quantities amongst the producers' organizations concerned is specified in the Annex hereto.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.