31973R3559

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( 1 ) OJ N L 236 , 27 . 10 . 1970 , P . 5 .

( 2 ) OJ N L 322 , 23 . 11 . 1973 , P . 4 .

( 3 ) OJ N L 18 , 23 . 1 . 1973 , P . 1 .

( 1 ) OJ N L 154 , 10 . 7 . 1971 , P . 23 .

( 2 ) OJ N L 241 , 24 . 10 . 1972 , P . 8 .

( 3 ) OJ N L 171 , 29 . 7 . 1972 , P . 20 .

( 4 ) OJ N L 122 , 9 . 5 . 1973 , P . 19 .

REGULATION ( EEC ) N 3559/73 OF THE COMMISSION

OF 21 DECEMBER 1973

LAYING DOWN DETAILED RULES FOR GRANTING FINANCIAL COMPENSATION AND INDEMNITIES , FIXING THE WITHDRAWAL PRICE AND DETERMINING THE BUYING IN PRICE FOR CERTAIN FISHERY PRODUCTS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 2142/70 ( 1 ) OF 20 OCTOBER 1970 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS , AS LAST AMENDED BY REGULATION ( EEC ) N 3159/73 ( 2 ) , AND IN PARTICULAR ARTICLES 10 ( 5 ) AND 11 ( 5 ) THEREOF ;

WHEREAS THE GRANT OF THE FINANCIAL COMPENSATION PROVIDED FOR IN ARTICLE 10 OF REGULATION ( EEC ) N 2142/70 REQUIRES THAT A WITHDRAWAL PRICE FIXED FOR THIS PURPOSE BE APPLIED BY PRODUCERS' ORGANIZATIONS ; WHEREAS , PURSUANT TO ARTICLE 4 OF THE SAID ARTICLE , THAT PRICE IS TO BE FIXED FOR EACH PRODUCT BY APPLYING THE QUALITY CONVERSION FACTOR FOR THE CATEGORY IMMEDIATELY BELOW THAT SELECTED FOR FIXING THE GUIDE PRICE TO AN AMOUNT EQUAL TO AT LEAST 60 % BUT NOT MORE THAN 90 % OF THE GUIDE PRICE ;

WHEREAS APPLICATION OF THE WITHDRAWAL ARRANGEMENTS IS TO CONTRIBUTE TOWARDS STABILIZING THE MARKET WITHOUT , HOWEVER , PROVOKING STRUCTURAL SURPLUSES IN THE COMMUNITY ; WHEREAS , THEREFORE , APPROPRIATE SUPPORT TO ALL MARKETS MUST BE PROMOTED , BEARING IN MIND THE DIFFERENCES BETWEEN THE COMMERCIAL CHARACTERISTICS OF THE VARIOUS PRODUCTS LANDED AS BETWEEN VARIOUS MARKETS ; WHEREAS THE WITHDRAWAL PRICE MUST FURTHERMORE BE SO FIXED THAT THE RESULTS OF THE ENDEAVOURS OF THE PRODUCERS' ORGANIZATIONS IN THE MEMBER STATES TO STABILIZE PRICES WILL NOT BE JEOPARDIZED , TO THE EXTENT THAT THEY CONTRIBUTE TO THE ATTAINMENT OF COMMUNITY OBJECTIVES ;

WHEREAS FOR THESE REASONS PROVISIONS SHOULD BE MADE FOR VARYING THE WITHDRAWAL PRICES OF THE RELEVANT PRODUCTS ACCORDING TO COMMERCIAL CHARACTERISTICS BY MEANS OF CONVERSION FACTORS REFLECTING THE AVERAGE PRICE DIFFERENCE FIXED FOR PRODUCTS WITH DIFFERENT COMMERCIAL CHARACTERISTICS , WHILE FOR PRODUCTS OF THE SAME SPECIES A SINGLE PERCENTAGE OF THE GUIDE PRICE SHOULD BE APPLIED ;

WHEREAS TO THIS END PRODUCTS CAN BE DISTINGUISHED ACCORDING TO THEIR COMMERCIAL CHARACTERISTICS BY MEANS OF THE CRITERIA APPLIED IN DETERMINING THE COMMON MARKETING STANDARDS ;

WHEREAS , TO PERMIT CALCULATION OF THE INDEMNITY AND FINANCIAL COMPENSATION FOR FISHERY PRODUCTS WITHDRAWN FROM THE MARKET AND OF THE BUYING IN PRICE FOR SARDINES AND ANCHOVIES , THE CONVERSION FACTORS PROVIDED FOR IN ARTICLE 10 ( 1 ) ( C ) AND ( 4 ) AND ARTICLE 11 ( 2 ) OF REGULATION ( EEC ) N 2142/70 SHOULD BE FIXED ; WHEREAS TO ENSURE THAT THE WITHDRAWAL ARRANGEMENTS ARE APPLIED CONSISTENTLY THE SAME COEFFICIENT SHOULD , AS HITHERTO , BE APPLIED IN CALCULATING WITHDRAWAL PRICES ;

WHEREAS THE PRODUCERS' ORGANIZATION SHOULD TAKE MEASURES TO ENSURE THAT FISHING IS CARRIED ON IN A RATIONAL WAY AND THAT THE CONDITIONS OF SALE FOR THE PRODUCT BROUGHT IN BY THE MEMBERS ARE IMPROVED ; WHEREAS THE EFFECTIVENESS OF THESE MEASURES SHOULD NOT BE INFLUENCED BY THE DISPOSAL , BY THE PRODUCERS' ORGANIZATIONS , OF PRODUCTS FISHED BY PERSONS WHO , NOT BEING MEMBERS , ARE NOT OBLIGED TO COMPLY THEREWITH ;

WHEREAS , IN ACCOUNT OF THE FLUCTUATION IN DEMAND THROUGHOUT THE WHOLE MARKETING PROCESS , IT IS ADVISABLE TO PREVENT THESE PRODUCTS BEING WITHDRAWN FROM THE MARKET BEFORE THEY ARE OFFERED FOR SALE ; WHEREAS , THEREFORE , FINANCIAL COMPENSATION SHOULD BE GRANTED ONLY FOR THOSE PRODUCTS WHICH , AFTER BEING OFFERED FOR SALE UNDER THE USUAL CONDITIONS , HAVE FAILED TO SECURE A BUYER AT THE COMMUNITY WITHDRAWAL PRICE ;

WHEREAS , PENDING AN IMPROVEMENT IN THE MARKET SITUATION , A PRODUCERS' ORGANIZATION MAY FIND IT NECESSARY TO PURCHASE THE PRODUCTS BROUGHT IN BY ITS MEMBERS IN ORDER TO STORE THEM ; WHEREAS IN THAT CASE THE PRODUCTS HAVE ALREADY BEEN GRADED IN ACCORDANCE WITH MARKETING STANDARDS ; WHEREAS DISPOSAL , FOLLOWING STORAGE OF THE PRODUCTS WHICH NO LONGER COMPLY WITH THE GRADING THAT WAS GIVEN TO THEM IS INCOMPATIBLE WITH THE QUALITY REQUIREMENTS OF THE COMMON ORGANIZATION OF THE MARKET ; WHEREAS , THEREFORE , PRODUCTS WITHDRAWN FROM THE MARKET WHICH NO LONGER QUALIFY FOR INCLUSION IN THE FRESHNESS CATEGORY IN WHICH THEY WERE PLACED WHEN FIRST OFFERED FOR SALE SHOULD NOT BE ELIGIBLE FOR FINANCIAL COMPENSATION .

WHEREAS TO PROVIDE MAXIMUM ENCOURAGEMENT FOR EFFORTS TO STABILIZE THE MARKET IN A COMMUNITY CONTEXT , PRODUCERS' ORGANIZATIONS WHICH DO NOT CONSISTENTLY OBSERVE THE COMMUNITY WITHDRAWAL PRICE SHOULD NOT QUALIFY FOR FINANCIAL COMPENSATION ;

WHEREAS THE FINANCIAL COMPENSATION CAN , THEREFORE , BE PAID ONLY AFTER EXPIRY OF THE PERIOD OF VALIDITY OF THE WITHDRAWAL PRICE ; WHEREAS PROVISION SHOULD THEREFORE BE MADE FOR GRANTING A PAYMENT ON ACCOUNT AGAINST SECURITY ;

WHEREAS ONE OF THE AIMS OF THE PRODUCERS' ORGANIZATIONS IS TO IMPROVE THE QUALITY OF PRODUCTS PROVIDED BY THEIR MEMBERS AND MARKETED THROUGH THESE ORGANIZATIONS ; WHEREAS THE ACHIEVEMENT OF THIS AIM CAN BE ENCOURAGED BY PROVIDING FOR A SYSTEM OF COMPENSATION INVOLVING , AS A GENERAL RULE , FINANCIAL PARTICIPATION BY THE COMMUNITY IN A DECREASING RATIO TO THE WITHDRAWAL PRICE , AS AND WHEN THE QUALITY OF THE PRODUCT WITHDRAWN FROM THE MARKET FALLS ; WHEREAS UNDER THESE CONDITIONS IT SHOULD BE SPECIFIED THAT THE WITHDRAWAL PRICE USED FOR THE PURPOSE OF CALCULATING THE VALUE OF THE COMPENSATION SHOULD BE THAT FIXED ON THE BASIS OF THE COMMERCIAL CHARACTERISTICS OF THE PRODUCTS IN QUESTION ;

WHEREAS IN ORDER TO ENSURE THAT PRODUCERS IN LANDING AREAS WHICH ARE VERY DISTANT FROM THE MAIN CENTRES OF CONSUMPTION IN THE COMMUNITY HAVE ACCESS TO MARKETS UNDER SATISFACTORY CONDITIONS , THE WITHDRAWAL PRICE REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 10 ( 4 ) OF REGULATION ( EEC ) N 2142/70 MAY BE MULTIPLIED BY CONVERSION FACTORS IN THESE AREAS ; WHEREAS THE INFORMATION AVAILABLE TO THE COMMISSION ON THE OUTLETS TO FISHERY PRODUCTS LEADS TO THE CONCLUSION THAT THIS SYSTEM OF ADJUSTED WITHDRAWAL PRICES SHOULD BE ADOPTED FOR SOME PRODUCTS AND FOR SOME AREAS IN THE COMMUNITY ;

WHEREAS COUNCIL REGULATION ( EEC ) N 135/73 ( 3 ) OF 15 JANUARY 1973 LAYING DOWN GENERAL RULES FOR DETERMINING LANDING AREAS FOR FISHERY PRODUCTS WHICH ARE VERY DISTANT FROM THE MAIN CENTRES OF CONSUMPTION IN THE COMMUNITY PROVIDES THAT THESE LANDING AREAS SHALL BE DETERMINED TAKING ACCOUNT OF DISTANCES BETWEEN LANDING AREAS AND THE MAIN CENTRES OF CONSUMPTION IN THE COMMUNITY , SPECIFIC CONDITIONS AFFECTING TRANSPORT WHICH MAY HINDER ACCESS TO MARKETS UNDER SATISFACTORY CONDITIONS , THE SPECIAL STRUCTURAL SITUATION OF CERTAIN AREAS WHICH MAY AFFECT ADVERSELY THE NORMAL MARKET FOR PRODUCTION , THE STRUCTURE OF SUPPLY AND DEMAND , AND , IN PARTICULAR , THE CONDITIONS IN WHICH A BALANCED SUPPLY TO COMMUNITY MARKETS CAN BE ASSURED ;

WHEREAS THE CONVERSION FACTORS SHOULD BE SO FIXED THAT DIFFERENCES BETWEEN THE PRICES CONVERTED CORRESPOND TO PRICE VARIATIONS ESTIMATED UNDER NORMAL CONDITIONS OF PRODUCTION ON THE BASIS OF NATURAL DEVELOPMENT OF MARKET PRICES ;

WHEREAS FINANCIAL ARRANGEMENTS WHICH ARE COMPARABLE IN ALL RESPECTS TO THOSE APPLICABLE TO OTHER ORGANIZATIONS MUST BE CREATED FOR THE PRODUCERS' ORGANIZATIONS WHICH ARE LIKELY TO APPLY THE ARRANGEMENT FOR WITHDRAWAL IN THESE AREAS ; WHEREAS IT IS ADVISABLE FOR THIS PURPOSE TO ENSURE THAT THE RELATIONSHIPS BETWEEN THE WITHDRAWAL PRICE AND THE FINANCIAL COMPENSATION BE THE SAME THROUGHOUT THE COMMUNITY ; WHEREAS THIS CAN BE DONE BY MULTIPLYING THE GUIDE PRICE BY THE CONVERSION FACTOR USED FOR THE GEOGRAPHIC DIFFERENTIATION OF WITHDRAWAL PRICES , WHEN THE FINANCIAL COMPENSATION IS CALCULATED FOR WITHDRAWALS FROM THESE AREAS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR FISHERY PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE CONVERSION FACTORS FOR CALCULATING THE WITHDRAWAL PRICES , THE FINANCIAL COMPENSATION GRANTED BY PRODUCERS' ORGANIZATIONS AND THE MAXIMUM AMOUNT OF THE INDEMNITY PAYABLE TO MEMBERS IN RESPECT OF THE PRODUCTS LISTED IN ANNEX I ( A ) AND ( C ) TO THE SAID REGULATION , ALL PROVIDED FOR IN ARTICLE 10 ( 1 ) ( C ) , ( 3 ) AND ( 4 ) , FIRST SUBPARAGRAPH , AND IN ARTICLE 11 ( 2 ) OF REGULATION ( EEC ) N 2142/70 , AND THE CONVERSION FACTORS FOR DETERMINING BUYING IN PRICES FOR SARDINES AND ANCHOVIES SHALL BE AS SHOWN IN ANNEX I TO THIS REGULATION .

ARTICLE 2

1 . ONLY THE FOLLOWING PRODUCTS SHALL BE CONSIDERED TO HAVE BEEN WITHDRAWN FROM THE MARKET WITHIN THE MEANING OF ARTICLE 10 ( 1 ) ( C ) , ( 2 ) AND ( 3 ) OF REGULATION ( EEC ) N 2142/70 :

( A ) THOSE WHICH WERE FISHED BY A MEMBER OF THE PRODUCERS' ORGANIZATION ;

( B ) THOSE WHICH , BEFORE BEING WITHDRAWN , WERE OFFERED FOR SALE IN ACCORDANCE WITH REGIONAL AND LOCAL CUSTOM AND USAGE , AT THE PRICE FIXED IN ACCORDANCE WITH ARTICLE 10 ( 4 ) OF REGULATION ( EEC ) N 2142/70 , AND DID NOT FIND A BUYER ;

( C ) THOSE WHICH AT THE TIME OF THEIR WITHDRAWAL FROM THE MARKET SATISFIED THE REQUIREMENTS FOR THE CATEGORY FOR WHICH THEY HAD BEEN GRADED PURSUANT TO ARTICLE 2 OF REGULATION ( EEC ) N 2142/70 ; AND

( D ) THOSE WHICH HAVE BEEN WITHDRAWN FROM THE MARKET BY A PRODUCERS' ORGANIZATION WHICH HAS APPLIED A PRICE SPECIFIED IN ( B ) THROUGHOUT THE PERIOD OF VALIDITY OF THAT PRICE .

2 . PARAGRAPH 1 ( D ) SHALL APPLY ONLY FROM THE TIME WHEN THE PRICE REFERRED TO IN PARAGRAPH 1 ( B ) IS APPLIED BY THE PRODUCERS' ORGANIZATION CONCERNED .

ARTICLE 3

1 . THE FINANCIAL COMPENSATION SHALL UPON APPLICATION BE GRANTED TO THE PRODUCERS' ORGANIZATIONS AFTER EXPIRY OF THE PERIOD OF VALIDITY OF THE PRICE MENTIONED IN ARTICLE 2 ( 1 ) ( B ) .

2 . UPON APPLICATION AND PROVIDED THE PROVISIONS OF ARTICLE 2 ARE COMPLIED WITH DURING THE RELEVANT PERIOD AND THE APPLICANT HAS GIVEN SECURITY , A PAYMENT ON ACCOUNT MAY BE MADE IN RESPECT OF ALL OR PART OF THE FINANCIAL COMPENSATION FOR THE QUANTITY WITHDRAWN FROM THE MARKET . THE SECURITY SHALL BE GIVEN IN THE FORM OF A GUARANTEE ISSUED BY AN ESTABLISHMENT MEETING THE REQUIREMENTS OF THE MEMBER STATE MAKING THE PAYMENT ON ACCOUNT . THE MEMBER STATES SHALL INFORM THE COMMISSION OF THE CATEGORIES OF ESTABLISHMENT ENTITLED TO GIVE GUARANTEES AND THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES THEREOF .

3 . THE SECURITY SHALL BE RETURNED AS SOON AS ENTITLEMENT TO FINANCIAL COMPENSATION UNDER ARTICLE 2 IS FINALLY ACQUIRED .

WHERE ALL OR PART OF PAYMENT ON ACCOUNT IS NOT PAID BACK WHEN IT IS CALLED FOR , THE SECURITY SHALL BE FORFEIT IN WHOLE OR IN PART IN PROPORTION TO THE AMOUNT OF THE PAYMENT ON ACCOUNT WHICH HAS NOT BEEN PAID BACK .

ARTICLE 4

THE WITHDRAWAL PRICE REFERRED TO IN ARTICLE 10 ( 3 ) OF REGULATION ( EEC ) N 2142/70 SHALL BE THAT FIXED PURSUANT TO ARTICLE 10 ( 5 ) OF THE REGULATION ON THE BASIS OF THE COMMERCIAL CHARACTERISTICS OF THE PRODUCTS IN QUESTION .

ARTICLE 5

THE PERCENTAGE OF THE GUIDE PRICE TO BE USED IN DETERMINING THE WITHDRAWAL PRICE PURSUANT TO THE FIRST SUBPARAGRAPH OF ARTICLE 10 ( 4 ) OF REGULATION ( EEC ) N 2142/70 SHALL BE AS SHOWN IN ANNEX II FOR PRODUCTS OF EACH SPECIES .

ARTICLE 6

1 . THE LANDING AREAS WHICH ARE VERY DISTANT FROM THE MAIN CENTRES OF CONSUMPTION WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 10 ( 4 ) OF REGULATION ( EEC ) N 2142/70 , THE CONVERSION FACTORS TO BE APPLIED TO THE GUIDE PRICE FOR CALCULATION OF THE FINANCIAL COMPENSATION AND THE PRODUCTS TO WHICH THEY REFER ARE LISTED IN ANNEX III TO THIS REGULATION .

2 . WITHOUT PREJUDICE TO APPLICATION OF THE CONVERSION FACTORS PROVIDED FOR IN ARTICLE 1 , THE CONVERSION FACTORS REFERRED TO IN THE FOREGOING PARAGRAPH SHALL ALSO BE APPLIED FOR CALCULATING WITHDRAWAL PRICES .

ARTICLE 7

THE FOLLOWING REGULATIONS ARE REPEALED :

_ COMMISSION REGULATION ( EEC ) N 1468/71 ( 1 ) OF 9 JULY 1971 LAYING DOWN CONDITIONS FOR GRANTING FINANCIAL COMPENSATION IN RESPECT OF CERTAIN FISHERY PRODUCTS , AS AMENDED BY REGULATION ( EEC ) N 2243/72 ( 2 ) ;

_ COMMISSION REGULATION ( EEC ) N 1623/72 ( 3 ) OF 28 JULY 1972 FIXING WITHDRAWAL PRICES FOR FISHERY PRODUCTS LISTED IN ANNEX I ( A ) AND ( C ) TO REGULATION ( EEC ) N 2142/70 AND THE CONVERSION FACTORS TO BE USED TO CALCULATE THE INDEMNITY AND THE FINANCIAL COMPENSATION FOR FISHERY PRODUCTS WITHDRAWN FROM THE MARKET AND THE BUYING IN PRICES FOR SARDINES AND ANCHOVIES , AS AMENDED BY REGULATION ( EEC ) N 1200/73 ( 4 ) .

ARTICLE 8

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1974 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 21 DECEMBER 1973 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI

ANNEXES : SEE O.J . N L 361 OF 29 . 12 . 73