31971R1468

478 Official . Journal of the European Communities

10.7.71 Official Journal of the European Communities No L 154/23

REGULATION (EEC) No 1468/71 OF THE COMMISSION of 9 July 1971

laying down conditions for granting financial compensation in respect of certain fishery products

THE COMMISSION OF THE EUROPEAN COM­ incompatible with the quality requirements of the MUNITIES, common organisation of the market; whereas, therefore, products withdrawn from the market which no longer qualify for inclusion in the freshness Having regard to the Treaty establishing the category in which they were placed when first offered European Economic Community ; for sale should not be eligible for financial compensation ; Having regard to Council Regulation (EEC) No 2142/701 of 20 October 1970 on the common Whereas to provide maximum encouragement for organisation of the market in fishery products, and in efforts to stabilise the market in the Community particular Article 10 (5 ) thereof; context, producer organisations which do not consistently observe the Community withdrawal price Whereas the producers' organisations should take should.not qualify for financial compensation ; measures to ensure that fishing is carried on in a rational way and that the conditions of sale for the Whereas the measures provided for in this Regulation products brought in by their members are improved; are in accordance with the Opinion of the whereas the effectiveness of these measures should Management Committee for Fishery Products ; not be influenced by the disposal, by producers' organisations, of products fished by persons who, not being members, are not obliged to comply therewith ; HAS ADOPTED THIS REGULATION : whereas, therefore, financial compensation should not be granted for these products ; Article 1 Whereas, on account of the fluctuation in demand throughout the whole marketing process, it is 1 . Only the following products shall be considered advisable to prevent these products being withdrawn, to be products which have been withdrawn from the from the market before they are offered for sale ; market within the meaning of Article 10 ( 1 ) (c), (2) whereas, therefore, financial compensation should be and (3 ) of Regulation (EEC) No 2142/70 : granted only for those products which, after being offered for sale under the usual conditions , have ( a) those which were fished by a member of the failed to secure a purchaser, at the Community producers ' organisation ; withdrawal price ; ( b ) those which before being withdrawn were offered Whereas, pending an improvement in the market for sale in accordance with regional and local^ situation, a producers' organisation may find it custom and usage, during which time it was necessary to purchase the products brought in ,by its established that they did not find a buyer at the members in order to store them ; whereas in that case pri.ce fixed in accordance with the provisions of the products have already been graded in accordance Article 10 (4) of Regulation (EEC) No 2142/70 ; with marketing standards ; whereas disposal, following storage, of products which no longer (c) those which at the time of their withdrawal from comply with the grading that was given to them is the market satisfied the requirements for the category in which they had been graded pursuant to Article 2 of Regulation (EEC) No 2142/70 ; and 1 OJ No L 236, 27.10.1970, p . 5 .

Official Journal of the European Communities 479

(d) those which have been withdrawn from the paragraph 1 (b) is applied by the producers' market by a producers' organisation which has organisation concerned. applied the price specified in (b) throughout the period of validity of that price. Article 2

This Regulation shall enter into force on the third 2. The provisions of paragraph 1 ( d) shall apply day following its publication in the Official Journal only from the time when the price referred to in of the European Communities.

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

Done at Brussels, 9 July 1971 .

For the Commission

The President . Franco M. MALFATTI