COMMISSION REGULATION (EEC) No 3659/91  of 16 December 1991  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 1991
THE COMMISSION  OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (1), as last amended by Regulation (EEC) No 3571/90 (2), and in particular Article 17a (10) thereof,
Whereas the compensation referred to in Article 17a of Regulation (EEC) No 3796/81 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 are both lower than 93 % of the Community producer price for the product in question;
Whereas examination of the situation on the Community market has shown that for some species and presentations of the product in question, for the period 1 April to 30 June 1991, both the average quarterly market price and the free-at-frontier price  referred to in Article 17a of Regulation (EEC) No 3796/81 were lower than 93 % of the Community producer price in force as laid down in Council Regulation (EEC) No 3551/90 of 20 November 1990 fixing the Community producer price for tuna intended for the  industrial manufacture of products falling within CN code 1604 for the 1991 fishing year (3), amended by Commission Regulation (EEC) No 3896/90 (4);
Whereas the quantities eligible for compensation, within the meaning of Article 17a (2) of Regulation (EEC) No 3796/81, 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 canning industries established in Community customs territory are in the case of albacore higher than those sold and delivered during the same quarter of the preceding three  fishing years, and for yellowfin weighing more than 10 kg, and yellowfin weighing not more than 10 kg, 110 % of the quantities sold and delivered during the same quarter of the fishing years 1984 to 1986; whereas these quantities exceed the limits set  in Article 17a, second indent of paragraph 4 of Regulation (EEC) No 3796/81 for one species and the third indent for the other two species, 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, in accordance with Commission Regulation (EEC) No 2381/89 of 2 August 1989 laying down detailed rules for granting compensation for tuna for the canning industry (5), the granting of compensation for the products in question should be decided  for the period from 1 April to 30 June 1991;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
1. The compensation referred to in Article 17a of Regulation (EEC) No 3796/81 shall be granted for the period 1 April to 30 June 1991, in respect of the products listed and within the limits set out below:
(Ecu/tonne)
Products  Maximum amount of allowance within the meaning of the first and second indents of Article 17a (3) of Regulation (EEC) No 3796/81     Yellowfin tuna, whole, weighing more than 10 kg  128     Yellowfin tuna, whole, weighing not more  than 10 kg  103     Albacore, whole  148
1. The total quantities of products set out below that may be eligible for the allowance are hereby limited as follows:
Yellowfin tuna, whole, weighing
more than 10 kg: 24 104 tonnes
Yellowfin tuna, whole, weighing
not more than 10 kg: 2 256 tonnes
Albacore, whole: 39 tonnes.
2. These quantities shall be allocated among the producers' organizations concerned in accordance with 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.