31971R0172

Official Journal of the European Communities 45

29.1.71 Official Journal of the European Communities No L 23 / 15

REGULATION (EEC) No 172/71 OF THE COUNCIL of 26 January 1971

laying down general rules for granting compensation to producers of tunny for the canning industry

THE COUNCIL OF THE EUROPEAN COMMUNITIES, adjusted to the particular species and presentation adopted as reference bases for fixing the Community Having regard to the Treaty establishing the producer price ; European Economic Community; "Whereas the effects of a fall in import prices may be Having regard to Council Regulation (EEC) No measured, on the one hand, by reference to the 2142/70 of 20 October 1970 on the common average level of import prices which would result organisation of the market in fishery products,1 and from application to the rates of duty of the Common in particular Article 15 (5 ) thereof; Customs Tariff and, on the other hand, by reference to the level of the Community producer price which is representative of a normal market situation, Having regard to the proposal from the Commission; allowance being made for the normal range of price fluctuations ; Whereas Article 15 ( 1 ) of Regulation (EEC) No 2142/70 provides that compensation shall be granted Whereas the situation on the tunny market changes if necessary to Community producers of tunny in considerably according to the pattern of landings by respect of the tunny intended for the canning Community fishermen and to actual importing industry; whereas this measure is intended to offset opportunities which in turn largely depend on any disadvantages which the system applicable to catches by exporting third countries ; whereas the imports might present for Community producers; market situation must therefore be reviewed each whereas, since Community production of tunny is month with a view to the granting of compensation; inadequate and the application of the Common Customs Tariff duties has been suspended so that conditions of supply comparable to those ruling in HAS ADOPTED THIS REGULATION : exporting third countries can be maintained for food processing industries using these products; whereas, Article 1 consequently, a fall in the import price could constitute a direct' threat to producers' incomes ; For the products listed in the Annex the Community producer price referred to in Article 15 (4) of Whereas the extent to which this threat materialises Regulation (EEC) No 2142/70 . shall be fixed before can be assessed by reference to a Community price the beginning of the fishing year for the entire fishing level which is representative of a normal market year or for each of the periods into which the fishing situation ; whereas the Community producer price year is subdivided. This price shall apply to must therefore be fixed prior to the opening of the yellow-finned tunny presented 'whole', weighing not fishing year for a product with given commercial more than 10 kg each. specifications ; The fishing year for tunny shall begin on 1 January Whereas the different species of tunny intended for and end on 31 December each year; the subdivision the canning industry and fished for in the referred to in the preceding paragraph may be made Community contribute simultaneously and a whole according to species . to the formation of the market prices for Community produce; whereas the producer prices actually Article 2 recorded for each of these varieties must therefore be

For each of the products listed in the Annex an 1 OJ No L 236, 27.10.1970, p. 5. average Community market price shall be established

46 "Official Journal of the European Communities

each month on the basis of the weighted average of and the average quarterly Community market price. the mean monthly prices recorded for each product, It shall be granted in respect of all quantities of tunny such average being adjusted for any differences in delivered to the food preserving industry during the species or presentation by reference to the species and three-month period for which prices have been presentation for which the Community producer recorded. It may not, however, exceed a fixed price has been fixed. amount representing 20% of the reference price applicable during this same period. Article 3 2. The compensation shall be paid on application For each of the products listed in the Annex the by the producer. compensation referred to in Article 15 (1 ) of Regulation (EEC) No 2142/70 shall be granted to Article 5 Community producers of tunny if, at the same time:

(a) the average quarterly Community market price The following shall be adopted in accordance with for the product in question, calculated on the the procedure laid down in Article 29 of Regulation basis of the mean monthly prices referred to in (EEC) No 2142/70 : Article 2, is less than 95% of the Community producer price; — detailed rules for the application of this Regulation and, in particular, rules concerning the (b) the entry price referred to in Article 18 (3 ) of adjustments referred to in Article 2 which are to Regulation (EEC) No 2142/70 for this same be made to the weighted average of mean product or for the product used to fix the monthly prices ; Community producer price, increased where appropriate by the countervailing charge levied — the level of the compensation. on it, calculated for the same period or, failing this, for the last period for which prices were recorded, is not more than 110% of the reference Article 6 price. This Regulation shall enter into force on the third Article 4 day following its publication in the Official Journal of the European Communities. 1 . . The compensation shall be equal to the difference between the Community producer price It shall apply from 1 February 1971 .

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

Done at Brussels, 26 January 1971 .

For the Council

The President

B. PONS

ANNEX

Yellow-finned tunny Neothynnus albacora ( Thunnus albacares) Long-finned tunny (Thunnus alalunga) Blue-finned tunny * ( Thunnus thyn'nus) Big-eyed tunny , Patudo Parathynnus obesus (Parathynnus macropterus) Skipjack, Listao ' Euthynnus pelamys (Katsuwonus pelamys) Little tunny (Euthynnus allcttaratus)