31976R0109

No L 20/46 Official Journal of the European Communities 28 . 1 . 76

COUNCIL REGULATION (EEC) No 109/76 of 19 January 1976

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas the effects of a fall in import prices may be measured, on the one hand, by reference to the average level of import prices which would result Having regard to the Treaty establishing the from application to the rates of duty of the Common European Economic Community, Customs Tariff and, on the other hand, by reference to the level of the Community producer price which Having regard to Council Regulation (EEC) No is representative of a normal market situation, 100/76 of 19 January 1976 on the common allowance being made for the normal range of price organization of the market in fishery products (1 ), fluctuations ; and in particular Article 16 (5 ) thereof,

Whereas the situation on the tunny market changes Having regard to the proposal from the considerably according to the pattern of landings by Commission , Community fishermen and to actual importing opportunities which in turn largely depend on Whereas Article 16 ( 1 ) of Regulation (EEC) No catches by exporting third countries ; whereas the market situation must therefore be reviewed each 100/76 provides that compensation shall be granted if necessary to Community producers of month with a view to the granting of compensation, tunny in respect of the tunny intended for the canning industry ; whereas this measure is intended ro offset any disadvantages which the system HAS ADOPTED THIS REGULATION : applicable to imports might present for Community producers ; whereas, since Community production of Article 1 tunny is inadequate and the application of the Common Customs Tariff duties has been suspended so that conditions of supply comparable to those ruling in exporting third countries can be maintained For the products listed in the Annex the Community for food processing industries using these products ; producer price referred to in Article 16 (4) of whereas, consequently, a fall in the import price Regulation (EEC ) No 100/76 shall be fixed before could constitute a direct threat to producers' the beginning of the fishing year for the entire incomes ; fishing year or for each of the periods into which the fishing year is subdivided. This price shall apply to yellow-finned tunny presented 'whole', weighing Whereas the extent to which this threat materializes not more than 10 kg each. can be assessed by reference to a Community price level which is representative of a normal market situation ; whereas the Community producer price The fishing year for tunny shall begin on 1 January must therefore be fixed prior to the opening of the and end on 31 December each year; the subdivision fishing year for a product with given commercial referred to in the preceding paragraph may be made specifications ; according to species .

Whereas the different species of tunny intended for the canning industry and fished for in the Community contribute simultaneously and as a whole to the formation of the market prices for Article 2 Community produce ; whereas the producer prices actually recorded for each of these varieties must therefore be adjusted to the particular species and For each of the products listed in the Annex an presentation adopted as reference bases for fixing the average Community market price shall be established Community producer price ; each month on the basis of the weighted average of the mean monthly prices recorded for. each product, (') See page 1 of this Official Journal . such average being adjusted for any differences in

28 . 1 . 76 Official Journal of the European Communities No L 20/47

species or presentation by reference to the species been recorded. It may not, however, exceed a fixed and presentation for which the Community producer amount representing 20 % of the reference price price has been fixed. applicable during this same period .

2. The compensation shall be paid on application Article 3 by the producer.

For each of the products listed in the Annex the Article 5 compensation referred to in Article 16 ( 1 ) of Regulation ( EEC) No 100/76 shall be granted to The following shall be adopted in accordance with Community producers of tunny if, at the same time : the procedure laid down in Article 32 of Regulation ( EEC ) No 100/76 : ( a ) the average quarterly Community market price for the product in question, calculated on the — detailed rules for the application of this basis of the mean monthly prices referred to in Regulation and, in particular, rules concerning Article 2, is less than 95 % of the Community the adjustments referred to in Article 2 which are producer price ; to be made to the weighted average of mean ( b ) the entry price referred to in Article 19 (3 ) of monthly prices ; Regulation (EEC) No 100/76 for this same — the level of the compensation . product or for the product used to fix the Community producer price, increased where appropriate by the countervailing charge levied Article 6 on it, calculated for the same period or, failing this, for the last period for which prices were 1 . Council Regulation (EEC ) No 172/ 71 of 26 recorded, is not more than 110% of the January 1971 laying down general rules for granting reference price. compensation to producers of tunny for the canning industry ( 1 ), is hereby repealed.

Article 4 2. References to the Regulation repealed by virtue of paragraph 1 shall be construed as references to 1 . The compensation shall be equal to the this Regulation. difference between the Community producer price and the average quarterly Community market price. Article 7 It shall be granted in respect of all quantities of tunny delivered to the food preserving industry This Regulation shall enter into force on 1 February during the three-month period for which prices have 1976 .

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

Done at Brussels, 19 January 1976. For the Council The President J. HAMILIUS

H OJ No L 23 , 29 . 1 . 1971 , p . 15 .

ANNEX

Yellow-finned tunny (Neothynnus albacora , Thunnus albacares) Long-finned tunny ( Thunnus alalunga) Blue-finned tunny ( Thunnus thynnus) Big-eyed tunny, Patudo ( Parathynnus obesus, Parathynnus macropterus) Skipjack, Listao ( Euthynnus pelamis, Katsuwonus pelamis) Little tunny (Euthynnus alletteratus)