Commission Regulation (EC) No 2509/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting financial compensation for withdrawals of certain fishery products

• Published date: 16 November 2000
• Subject Matter: Fisheries policy
• Official Gazette Publication: Official Journal of the European Communities, L 289, 16 November 2000

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32000R2509

Commission Regulation (EC) No 2509/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting financial compensation for withdrawals of certain fishery products

Official Journal L 289 , 16/11/2000 P. 0011 - 0015

Commission Regulation (EC) No 2509/2000

of 15 November 2000

laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting financial compensation for withdrawals of certain fishery products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the market in fishery and aquaculture products(1), and in particular Article 21(8) thereof,

Whereas:

(1) Regulation (EC) No 104/2000, which replaced Council Regulation (EEC) No 3759/92(2), as last amended by Regulation (EC) No 2792/1999(3), with effect from 1 January 2001, provides that Member States are to grant financial compensation to producer organisations which withdraw certain products from the market. That Regulation has adjusted the levels of financial compensation and has removed the special financial compensation for exceptional circumstances. It is now appropriate to fill out the framework laid down by Regulation (EC) No 104/2000 by enacting detailed rules and by repealing the implementing Regulation on this subject, namely Commission Regulation (EEC) No 3902/92(4), as last amended by Regulation (EC) No 1338/95(5).

(2) Article 6(1) of Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products(6), as amended by Commission Regulation (EC) No 323/97(7), establishes that products that are classified as category "B" are ineligible for the financial assistance granted in respect of the intervention mechanisms of the common market organisation. Given that only "Extra" and "A" quality products are eligible for financial compensation for withdrawals set out in Article 21 of Regulation (EC) No 104/2000, the calculation of the quantities eligible for that financial compensation should be based on those categories of products.

(3) In order to give maximum encouragement to action to stabilise the market, producer organisations not observing the Community withdrawal price throughout the fishing year should be debarred from receiving financial compensation.

(4) It is necessary to specify requirements pertaining to the application of the margin of tolerance provided for in Article 21(1)(a) of Regulation (EC) No 104/2000 in order to guarantee normal conditions of competition between producer organisations. Use of the margin of tolerance must be adequately publicised in order to ensure market transparency.

(5) Since demand may fluctuate within the duration of any selling operation, products should not be withdrawn from the market before being put up for sale. Financial compensation should only be granted on products that have been put up for sale in the normal way and have not found a buyer at the Community withdrawal price.

(6) Financial compensation must be clearly disallowed on fish on which carryover aid provided for in Article 23 of Regulation (EC) No 104/2000 has been granted.

(7) Systematic compliance with the common marketing standards referred to in Article 2 of Regulation (EC) No 104/2000 is a determining factor in price formation and a contributory element to...