31971R0171

Official Journal of the European Communities 43

29.1.71 Official Journal of the European Communities No L 23 / 13

REGULATION (EEC) No 171 /71 OF THE COUNCIL of 26 January 1971 on granting and reimbursing aids granted by Member States to producers' organisations in the fishing industry

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Article 2

Having regard to the Treaty establishing the The following classes of person shall be taken into European Economic Community; consideration for the purpose of calculating the aids referred to in Article 6 ( 1 ) of Regulation (EEC) No Having regard to Council Regulation (EEC) No 2142/70 : 2142/701 of 20 October 1970 on the common — producers who were members of the producers' organisation of the market in fishery products, and in organisation on the date on which it was particular Article 6 (5 ) and the second subparagraph recognised and who were members of the of Article 22 (2) thereof; organisation throughout the year for which aid is claimed ; Having regard to the proposal from the Commission; — producers who joined the producers' organisation Whereas the conditions and general rules to be after the date on which it was recognised and applied to aids granted by Member States to who were members of the organisation producers' organisations and the procedure for throughout the last nine months of the year for which aid is claimed. reimbursing those aids from the Guidance Section of the European Agricultural Guidance and Guarantee Fund must be adopted; Article 3

Whereas to ensure that these aids are granted and The value of the production marketed by a reimbursed under identical conditions, the methods producers' organisation shall be calculated for each for calculating the value of the production marketed product by multiplying: under the auspices of the producers' organisations and the administrative expenses of these — the average marketed production referred to in organisations should be defined; whereas this the first indent of the third subparagraph of calculation must be based on properly vouched Article 6 ( 1 ) of Regulation (EEC) No 2142/70, accounts ; whereas the difficulty of having such ascertained in accordance with the procedure laid accounts available, in certain cases, should be taken down in Article 4 below and expressed in 100 kg into account; whereas a flat-rate method should be net for each product substituted in such cases ; by

HAS ADOPTED THIS REGULATION : — the average price referred to in the second indent of the third subparagraph of Article 6 ( 1 ) of Article 1 Regulation (EEC) No 2142/70, ascertained in accordance with the procedure laid down in When it submits its first claim for reimbursement, the Article 5 below and calculated per 100 kg net for Member State concerned shall provide the each product. Commission with a certificate showing the date on which the producers' organisation was formed and Article 4 the date on which it was recognised.

For the purpose of calculating the average production 1 OJ. No L 236, 27.10.1970, p . 5 . referred to in the first indent of Article 3 , the

44 Official Journal of the European Communities

production marketed by producer members shall be Article 6 ascertained for each of the three calendar years immediately preceding membership : 1 . The amount of the administrative expenses referred to in Article 6 ( 1 ) of Regulation (EEC) No — on the basis of properly vouched commercial and 2142/70 to be taken into consideration when the accounting records as are available maximum amount of aid granted to producers' organisations is being calculated, must be established or on the basis of properly vouched commercial and if such supporting evidence is not available, on accounting records and be approved by the the . basis of a flat-rate assessment made by the competent authorities of the Member State. competent services of the Member State, 2. The concept of administrative expenses shall be allowance being made in particular for pro­ defined in accordance with the procedure laid down ductive capacity in terms of equipment and in Article 29 of Regulation (EEC) No 2142/70. manpower; the result thus obtained shall be reduced by 10% to cover the member's own consumption and non-commercial transactions . Article 7

Aid to an association of producers' organisations may Article 5 not exceed a total of 50 000 units of account.

For the purpose of calculating the average price Article 8 referred to in the second indent of Article 3, the average price obtained by producer members for each of the three calendar years immediately preceding 1 . Applications for reimbursement must relate to membership shall be ascertained : expenditure incurred by Member States during a calendar year and must be submitted to the Commission annually before 1 July of the following — on the basis of properly vouched commercial and year . accounting records which are available or 2. The . Commission shall decide on these applications en bloc or separately after consulting the — if such supporting evidence is not available, by Fund Committee. calculating the average quotation for each product on the most representative wholesale 3 . Provisions concerning the information to be market or in the most representative port of the included in applications for reimbursement, the form area in which the producers' organisation that such applications should take and the supporting concerned operates, such average quotation being evidence to be submitted to the Commission by the average of the representative quotations Member States shall be adopted in accordance with recorded during the reference year by the the procedure laid down in Article 13 of Council competent authorities of the Member State on Regulation (EEC) No 729/701 of 21 April 1970 on that market or in that port. the financing of the common agricultural policy.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 26 January 1971 .

For the Council The President

B. PONS

OJ No L 94, 28.4.1970, p. 13.