Council Regulation (EC) No 104/2000 (repealed)Show full title

CHAPTER 3 U.K. PRODUCTION AND MARKETING PLANNING

Article 9 U.K.

1. At the beginning of the fishing year, each producer organisation shall draw up an operational programme for the fishing year for the species listed in Annexes I, IV and V and send it to the competent authorities of the Member State, comprising:

(a) the marketing strategy to be followed by the organisation to match the quantity and quality of supply to market requirements;

• (b) a catch plan for species in Annexes I and IV, in particular for species covered by catch quotas, in so far as such species represent a significant share of the landings of its members;

• a production plan for species in Annex V;

(c) special anticipatory measures to adjust the supply of species which habitually present marketing difficulties during the fishing year;

(d) penalties applicable to members who infringe the decisions adopted to implement such plans.

The operational programme may be revised following unforeseen circumstances during the fishing year and the revision shall be communicated to the competent authorities of the Member State.

Any newly-recognised producer organisation is not obliged to establish an operational programme during the first year following its recognition.

2. The operational programme and all revisions to it shall be subject to approval by the competent authorities of the Member State.

3. Without prejudice to Article 6(1)(b), Member States shall carry out appropriate checks to ensure that each producer organisation fulfils the obligations provided for in paragraph 1, and shall apply the following penalties in the event that these obligations are not fulfilled:

(a) where a producer organisation has failed to draw up an operational programme for the fishing year in accordance with paragraph 1, it shall not receive any of the financial assistance granted for intervention operations carried out under Title IV for the fishing year concerned;

(b) where a producer organisation has not implemented the measures provided for in its operational programme, then, for the fishing year concerned,

• (b) only 75 % of the financial assistance shall be granted for intervention operations carried out under Title IV for the first instance of non-implementation,

• only 50 % of the above financial assistance shall be granted for the second instance, and

• none of the above financial assistance shall be granted after any further instance.

The penalties mentioned under paragraphs (a) and (b), shall not apply until 1 January 2002.

4. Member States shall immediately inform the Commission of cases where paragraph 3(a) or (b) have been applied.

5. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 38(2).

Article 10 U.K.

1. Without prejudice to aid which might be granted to encourage the creation and facilitate the operation of producer organisations under Article 15(1)(b) of Regulation (EC) No 2792/1999, Member States may grant producer organisations compensation for a limited period to offset the costs arising from the obligations imposed on them under Article 9.

Producer organisations recognised before 1 January 2001 may receive such compensation for five years from that date.

Producer organisations recognised subsequently may receive compensation for five years following the year in which they are granted recognition.

2. The compensation referred to in paragraph 1 shall be made up of the following:

(a) for Annex I and IV species, an amount in proportion to the number of member vessels, calculated degressively in accordance with the method set out in Annex VIIA, and a flat-rate amount of EUR 500 per species covered by Article 9(1)(b), first indent, up to 10 species in all;

(b) for Annex V species, an amount in proportion to the level of representativity of the producer organisations calculated in accordance with the method set out in Annex VIIB. The level of representativity shall be calculated according to the percentage of production disposed of through the producer organisations in a production area which is deemed sufficiently large by the Member State concerned on the basis of criteria established for the purpose of recognition by the Member State.

3. Member States shall pay the compensation to producer organisations within four months of the end of the year for which it is granted, in so far as their competent authorities have checked that the recipient organisations have fulfilled the obligations imposed on them under Article 9.

4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 38(2).

Article 11 U.K.

Member States may grant additional aids to producer organisations which, within the framework of operational programmes mentioned in Article 9(1) develop measures for improving the organisation and the functioning of the marketing of fish as well as measures allowing for a better balance of supply and demand, in accordance with Regulation (EC) No 2792/1999, and in particular, its Articles 14 and 15.

Article 12 U.K.

1. Member States may grant specific recognition to producer organisations as referred to in Article 5(1) which market the products covered by common marketing standards as laid down in Regulation (EC) No 2406/96(1) or products from aquaculture when they have submitted a plan to improve the quality of such products that has been approved by the competent national authorities.

2. The primary purpose of the plans referred to in paragraph 1 shall be to include all stages of production and marketing. Such plans shall include the following, in particular:

• a substantial improvement in the quality of products while held on board vessels or while being farmed,

• optimal maintenance of quality during, as appropriate, catching, unloading, extraction, handling, transport and marketing of the products,

• the application of appropriate techniques and know-how to attain the above objectives,

• a description of the planned measures, including preparatory studies, training and investments.

3. Member States shall forward the plans submitted to them by producer organisations to the Commission. Such plans may not be approved by the competent authority in the Member State until they have been sent to the Commission and 60 days have subsequently elapsed during which the Commission may request changes or reject a plan.

4. The specific recognition granted to producer organisations under this Article is a condition for eligibility for the financial aid provided under Article 15(1)(b) of Regulation (EC) No 2792/1999.

5. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 38(2).

(1)

Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products (OJ L 334, 23.12.1996, p. 1). Regulation as last amended by Commission Regulation (EC) No 323/97 (OJ L 52, 22.2.1997, p. 8).