COMMISSION REGULATION (EC) No 893/95 of 24 April 1995  providing for the grant of compensation to producers' organizations in respect of tuna delivered to  the canning industry during the period 1 April to 30 June 1994
THE COMMISSION OF  THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization  of the market in fishery and aquaculture products  (1), as last amended by Regulation (EC) No  3318/94  (2), and in particular Article 18 (8) thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and  the conversion rates to be applied for the purposes of the common agricultural policy  (3), as last  amended by Regulation (EC) No 150/95 of 30 January 1995  (4), and in particular Articles 12 and 13  (1) 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  both the average quarterly price recorded on the Community market and the free-at-frontier price  plus any applicable countervailing charge are 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 April to 30 June 1994, 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 Commission Regulation  (EC) No 281/94 of 8 February 1994 adjusting the prices fixed in ecus in the fishery products sector  for the 1994 fishing year as a result of the monetary realignments  (5);
Whereas the quantities eligible for compensation, within the meaning of Article 18 (2) of  Regulation (EEC) No 3759/92, may not under any circumstances exceed, for the quarter concerned, the  limits laid down in paragraph 4 of that Article;
Whereas during the quarter concerned the quantities sold and delivered to the canning industry  established in Community customs territory were higher overall than 62,8  % of the quantities of  tuna used by the industry during the same quarter and, for yellowfin tuna weighing more than 10 kg,  more than 110  % of those sold and delivered during the same quarter of the fishing years 1984 to  1986; whereas since these quantities exceed the limit set by the first indent of Article 18 (4) of  Regulation (EEC) No 3759/92 for bigeye tuna and by the third indent of that Article for yellowfin  tuna weighing over 10 kg, the total quantities of those products eligible for compensation should  therefore be limited and allocated between the producers' organizations concerned in proportion to  their respective outputs during the same quarter of the 1984 to 1986 fishing years;
Whereas the granting of compensation for the product in question should therefore be decided for  the period 1  April to 30 June 1994;
Whereas Article 9 of Commission Regulation (EEC) No 2381/89  (6) stipulates that the agricultural  conversion rate applicable to the compensatory allowance for tuna for canning shall be that in  force on the day the product is sold; whereas the agricultural conversion rate for the period 1  October to 31 December 1993 is, pursuant to Commission Regulation (EEC) No 1209/93  (7), affected  by a correcting factor of 1,207509; whereas this must be taken into account in the compensation  rate set;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Fishery Products,
The compensatory allowance referred to in Article 18 of Regulation  (EEC) No 3759/92 shall be granted for the period 1 April to 30 June 1994 in respect of the  following products:
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1.  The total quantities on which the allowance may be granted are:
-  Yellowfin tuna larger than 10 kg: 27  104 tonnes,
-  Bigeye tuna: 1  440 tonnes.
2.  The allocation of these total quantities among 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.