Council Regulation (EC) No 104/2000 (repealed)Show full title

TITLE IV U.K. PRICES AND INTERVENTION

CHAPTER 1 U.K. PRICES

Article 17 U.K. General provisions

1. For the products listed in Article 1, producer organisations may fix a withdrawal price below which they will not sell products supplied by their members.

In this event, for quantities withdrawn from the market, producer organisations:

• shall grant an indemnity to members in respect of the products listed in Annex I, Parts A and B and in Annex IV which conform to the standards adopted in accordance with Article 2,

• may grant an indemnity to members in respect of the other products referred to in Article 1.

For each product listed in Article 1, a maximum level for the withdrawal price may be fixed in accordance with paragraph 5.

2. The disposal of products withdrawn from the market shall be determined by producer organisations in such a way as not to interfere with normal marketing of the products in question.

3. To finance these withdrawal measures, producer organisations shall create an intervention fund replenished from contributions assessed on quantities offered for sale or, alternatively, shall apply an equalisation system.

4. Producer organisations shall supply the following items of information to the national authorities, who shall communicate them to the Commission:

• a list of products for which they intend to operate the system described in paragraph 1,

• the period during which withdrawal prices are applicable,

• the level of withdrawal prices proposed and 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 18 U.K. Guide price

1. A guide price shall be fixed before the beginning of the fishing year for each of the products listed in Annex I and for each of the products and groups of products listed in Annex II.

These prices shall be valid for the whole Community and shall be fixed for each fishing year or for each of the periods into which that year is subdivided.

2. The guide price shall be based on:

• the average of prices recorded for a significant proportion of Community output on wholesale markets or in ports during the three fishing years immediately preceding the year for which the price is fixed,

• taking into account trends in production and demand.

In fixing the price, account shall also be taken of the need:

• to stabilise market prices and avoid the formation of surpluses in the Community,

• to help support producers' incomes,

• to consider consumers' interests.

3. The Council, acting by a qualified majority on a proposal from the Commission, shall determine the guide prices referred to in paragraph 1.

Article 19 U.K. Price reporting

1. Throughout the period during which the guide price is applicable, Member States shall notify the Commission of the prices recorded on their wholesale markets or in their ports for the products referred to in Article 18(1).

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

Article 20 U.K. Community withdrawal prices

1. A community withdrawal price shall be fixed on the basis of the freshness, size or weight and presentation of the product for each of the products listed in Annex I, Parts A and B by applying a conversion factor to the guide price established under Article 18. The Community withdrawal price shall in no case exceed 90 % of the guide price.

2. In order to ensure that producers in landing areas which are very far away from the principal consumption centres of the Community have access to markets under satisfactory conditions, the prices referred to in paragraph 1 may be weighted for each area, by an adjustment factor.

3. The producers for applying this Article, in particular setting of the percentage of the guide price to serve as an element in calculating the Community withdrawal price and designating the landing areas referred to in paragraph 2 as well as setting prices, shall be adopted in accordance with the procedure laid down in Article 38(2).

CHAPTER 2 U.K. INTERVENTION

Article 21 U.K. Financial compensation for withdrawals

1. Member States shall grant financial compensation to producer organisations carrying out withdrawals under Article 17 in respect of the products listed in Annex I, Parts A and B, provided that:

(a) the withdrawal price applied by these organisations is the Community withdrawal price fixed in accordance with Article 20, a margin of tolerance extending 10 % below and 10 % above this price being, however, permitted to take account in particular of seasonal fluctuations in market prices;

(b) the products withdrawn meet the marketing standards adopted under Article 2 and are of an adequate quality, to be defined in accordance with the procedure provided for in Article 2(3);

(c) the withdrawal price referred to at (a) is applied throughout the fishing year for each product category concerned; however, a producer organisation which, as one of the measures referred to in Article 5(1), applies a ban on the catch or sale of certain product categories shall not be required to apply the Community withdrawal price for those categories of products.

2. Financial compensation shall be granted only where products withdrawn from the market are disposed of for purposes other than human consumption or in such a way as not to interfere with normal marketing of other products.

3. For the products referred to in paragraph 1:

(a) the financial compensation shall be equal to:

(i)

85 % of the withdrawal price applied by the producers' organisation concerned for quantities withdrawn not exceeding 4 % of the annual quantities of the product concerned put up for sale each year;

(ii)

for the 2003 fishing year, 55 % of the withdrawal price applied by the producers' organisation concerned for quantities withdrawn which exceed 4 % but do not exceed 10 % for pelagic species and 8 % for other species of the annual quantities of the product concerned put up for sale each year; for the 2001 and 2002 fishing years, it shall be equal to 75 % and 65 % respectively;

(b) no financial compensation shall be granted in respect of quantities withdrawn exceeding 10 % for pelagic species and 8 % for other species of the quantities put up for sale by each producer organisation.

4. For the purpose of calculating the amount of financial compensation to be granted to a producer organisation, the output of all its members shall be taken into account, including any quantities withdrawn from the market by another organisation under Article 7.

5. The financial compensation shall be reduced by the value, set at a standard amount, of products intended for purposes other than human consumption or any net revenue from the disposal of products for human consumption in accordance with paragraph 2. The above value shall be set at the beginning of the fishing year. It shall, however, be adjusted if significant and lasting price changes are noted on the Community market.

6. Where producer organisations carry out the withdrawals referred to in paragraph 1, they shall grant their members, for the quantities withdrawn from the market, an indemnity at least equal to the sum of the financial compensation calculated in accordance with paragraph 3(a), plus an amount equal to 10 % of the withdrawal price applied by that organisation.

However, producer organisations may, under a system of internal penalties, grant their members lower indemnity than that provided for in the previous subparagraph, provided the difference is placed in a reserve fund exclusively called on for subsequent intervention operations.

7. In the event of serious market disturbance, the Commission, in accordance with the procedure set out in Article 38(2), may take measures to adjust the provisions of paragraph (3). The measures adopted shall not last longer than six months.

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

Article 22 U.K. Community selling prices

For each of the products listed in Annex I, Part C, a Community selling price shall be fixed on the same terms as laid down in Article 20 for fixing withdrawal prices.

Article 23 U.K. Carry-over aid

1. The following shall be eligible for carry-over aid:

(i)

products listed in Annex I, Parts A and B which are withdrawn from the market at the withdrawal price referred to in Article 20;

(ii)

products listed in Annex I, Part C which have been put up for sale but for which it can be shown that a buyer has not been found at the Community selling price fixed in accordance with Article 22.

A margin of tolerance extending 10 % below and 10 % above these prices, however, is permitted to take account in particular of seasonal fluctuations in market prices.

2. Only such quantities shall be considered as eligible for a carry-over aid as:

(a) have been supplied by a member producer;

(b) meet certain quality, size and presentation requirements;

(c) are either processed to stabilise them and stored or preserved in accordance with conditions and for a period to be determined.

3. The aid may be granted for each of the products concerned up to a quantity equivalent to 18 % of the quantities put up for sale each year, minus the percentage of quantities referred to above in respect of which financial compensation has been paid under Article 21.

The amount of this aid may not exceed the amount of the technical and financial costs associated with the operations which are essential for stabilisation and storage.

4. The processing methods referred to in this Article are:

• (a) freezing,

• salting,

• drying,

• marinating,

  and, where relevant,

• boiling and pasteurisation;

(b) filleting or cutting-up and, where appropriate, heading, where these operations are accompanied by one of the processes listed in (a).

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

Article 24 U.K. Independent withdrawals and carry-over by producer organisations

1. For products listed in Annex IV, Member States shall grant flat-rate aid to producer organisations which practise intervention in accordance with Article 17, provided that:

(a) such organisations set a withdrawal price, hereinafter called an ‘autonomous withdrawal price’, before the beginning of the fishing year; the producer organisations must apply that price throughout the fishing year, a tolerance of 10 % below and 10 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer organisations concerned during the previous three fishing years;

(b) the products withdrawn meet the marketing standards adopted under Article 2 and are of an adequate quality, to be defined in accordance with the procedure provided for in Article 2(3);

(c) the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price applied by the producer organisations.

2. The flat-rate aid shall be granted for quantities withdrawn from the market which have been put up for sale in accordance with Article 5(1) and which are disposed of in a way that does not affect the normal disposal of production.

3. The amount of the flat-rate aid shall be 75 % of the autonomous withdrawal price applied during the current fishing year, this amount being reduced by the value, fixed at a standard amount, of the product which is disposed of as specified in paragraph 2.

4. The flat-rate aid shall also be granted for quantities withdrawn from the market which are either processed to stabilise them and stored or preserved in accordance with conditions and for a period to be determined. The amount of the flat-rate aid in such cases may not exceed the amount of the technical and financial costs associated with the operations which are essential for stabilisation and storage.

5. The quantities eligible for the flat-rate aid pursuant to paragraph 2 may not exceed 5 % of the annual quantities of the products concerned put up for sale in accordance with Article 5(1).

The quantities eligible for flat-rate aid under paragraphs 2 and 4 may together not exceed 10 % of the annual quantities referred to in the first subparagraph.

6. The Member States concerned shall introduce inspection arrangements ensuring that products for which the flat-rate aid is applied do in fact qualify for it.

For the purposes of these inspection arrangements, recipients of the flat-rate aid shall keep stock records which meet criteria to be determined. Member States shall send to the Commission, at intervals to be laid down, a table showing average product and category prices recorded at wholesale markets or ports.

7. The Council, acting by a qualified majority on a proposal from the Commission, shall decide, depending on the alignment of the prices for the species covered by this Article, on their inclusion in the list of products in Annex I, Part A.

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

Article 25 U.K. Private storage aid

1. A Community selling price shall be fixed for each of the products referred to in Annex II before the beginning of the fishing year, at a level at least equal to 70 % and not exceeding 90 % of the guide price referred to in Article 18(1).

2. Private storage aid may be granted to producer organisations which, throughout the fishing year in question:

(a) apply Article 5(1) to the production and marketing of the products concerned;

(b) apply the selling price referred to in paragraph 1, a margin of tolerance extending 10 % below and 10 % above these prices being permitted, however, to take account in particular of seasonal fluctuations in market prices.

3. Private storage aid shall be granted for the products listed in Annex II which have been put up for sale but for which it can be shown that a buyer has not been found at the Community selling price fixed in accordance with paragraph 1.

4. The following restrictions shall apply to the grant of private storage aid:

(a) the products must have been fished, frozen on board and land in the Community by a member of a producer organisation;

(b) the products must be stored for a minimum period and then placed on the Community market again;

up to a maximum of 15 % of the annual quantities of the products concerned put up for sale by the producer organisation.

5. The amount of the private storage aid may not exceed the sum of technical costs and interest for a maximum period of three months. This amount shall be fixed each month degressively.

6. Detailed rules for the application of this Article, including the fixing of the selling price referred to in paragraph 1, shall be adopted in accordance with the procedure laid down in Article 38(2).

CHAPTER 3 U.K. TUNA FOR PROCESSING

Article 26 U.K. Community producer price

1. The Council, acting by qualified majority on a proposal from the Commission, shall fix for each of the products listed in Annex III a Community producer price before the start of the fishing year. These prices shall be established in accordance with the first and second indents of Article 18(2).

In fixing the price, account shall also be taken of the need:

• to consider the supply conditions for the Community processing industry,

• to help support producers' incomes,

• to avoid the formation of surpluses in the Community.

These prices shall be valid throughout the Community and shall be fixed for each fishing year.

2. Member States shall notify the Commission of the average prices recorded on their wholesale markets or ports for products of Community origin as referred to in paragraph 1 which have defined commercial characteristics.

3. Detailed rules for the application of this Article, in particular the setting of conversion factors for the various species, sizes and presentations of tuna shall be adopted in accordance with the procedure laid down in Article 38(2).

Article 27 U.K. Allowance for producer organisations

1. An allowance may be granted to the producer organisations for the quantities of products listed in Annex III caught by their members, then sold and delivered to processing industries established within the customs territory of the Community and intended for the industrial manufacture of products falling within CN code 1604. This allowance shall be granted when, for a given calendar quarter:

• the average selling price recorded on the Community market,

  and

• the import price referred to in Article 29(3)(d),

are both lower than a triggering threshold equivalent to 87 % of the Community producer price for the product in question.

The Member States shall prepare or update and notify to the Commission a list of the industries referred to in this paragraph before the start of each fishing year.

2. The amount of the allowance in any case may not exceed:

• either the difference between the triggering threshold and the average selling price of the product in question on the Community market,

• or a flat-rate amount equivalent to 12 % of this threshold.

3. The maximum total quantity of each of the products eligible for the allowance shall be limited to an amount equal to the average of the quantities sold and delivered, under the terms set out in paragraph 1, during the equivalent quarter in the three fishing years preceding the quarter for which the allowance is paid.

4. The amount of the allowance granted to each producer organisation shall be equal to:

• the ceiling laid down in paragraph 2 for the quantities of the product in question which are disposed of in accordance with paragraph 1 and which do not exceed the average of the quantities sold and delivered under the same conditions by its members in the equivalent quarter in the three fishing years preceding the quarter for which the allowance is paid,

• 50 % of the ceiling laid down in paragraph 2 for the quantities of the product in question which exceed the quantities referred to in the first indent and which are equal to the surplus of the quantities resulting from allocating the quantities eligible under paragraph 3 among the producer organisations.

This allocation shall be made proportionally between the producer organisations in question on the basis of their respective average production in the equivalent quarter in the three fishing years preceding the quarter for which the allowance is paid.

5. The producer organisations shall allocate the allowance granted to their members proportionally on the basis of the quantities produced by them and sold and delivered in accordance with paragraph 1.

6. Detailed rules for the application of this Article, in particular the amount and the conditions under which the allowance is granted, shall be adopted in accordance with the procedure laid down in Article 38(2).