Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products

• Published date: 31 December 1981
• Subject Matter: Fisheries policy
• Official Gazette Publication: Official Journal of the European Communities, L 379, 31 December 1981

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Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products

Official Journal L 379 , 31/12/1981 P. 0001 - 0026
Spanish special edition: Chapter 04 Volume 1 P. 0185
Portuguese special edition Chapter 04 Volume 1 P. 0185

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( 1 ) OJ NO C 50 , 9 . 3 . 1981 , P . 85 .

( 2 ) OJ NO C 159 , 29 . 6 . 1981 , P . 7 .

( 3 ) OJ NO L 20 , 28 . 1 . 1976 , P . 1 .

( 4 ) OJ NO L 359 , 31 . 12 . 1980 , P . 13 .

( 5 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .

( 6 ) OJ NO L 367 , 31 . 12 . 1981 , P . 87 .

( 7 ) OJ NO L 20 , 28 . 1 . 1976 , P . 44 .

( 8 ) OJ NO L 20 , 28 . 1 . 1976 , P . 45 .

COUNCIL REGULATION ( EEC ) NO 3796/81 OF 29 DECEMBER 1981 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,

WHEREAS THE BASIC PROVISIONS CONCERNING THE ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS SHOULD BE REVISED TO TAKE ACCOUNT OF MARKET DEVELOPMENTS , THE CHANGES WHICH HAVE OCCURRED IN FISHERIES IN RECENT YEARS AND THE DEFICIENCIES FOUND IN THE APPLICATION OF THE CURRENT MARKET RULES ; WHEREAS , IN VIEW OF THE NUMBER AND COMPLEXITY OF THE AMENDMENTS TO BE MADE , THE SAID PROVISIONS WOULD , IF THEY WERE NOT ENTIRELY REMODELLED , LACK THE CLARITY WHICH IS AN ESSENTIAL FEATURE OF ALL LEGISLATION ; WHEREAS REGULATION ( EEC ) NO 100/76 ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 3443/80 ( 4 ) , SHOULD THEREFORE BE REPLACED ;

WHEREAS THE OPERATION AND DEVELOPMENT OF THE COMMON MARKET IN AGRICULTURAL PRODUCTS MUST BE ACCOMPANIED BY THE ESTABLISHMENT OF A COMMON AGRICULTURAL POLICY ; WHEREAS THE LATTER MUST INCLUDE IN PARTICULAR A COMMON ORGANIZATION OF AGRICULTURAL MARKETS , WHICH MAY TAKE VARIOUS FORMS DEPENDING ON THE PRODUCTS CONCERNED ;

WHEREAS THE FISHING INDUSTRY IS OF SPECIAL IMPORTANCE TO THE AGRICULTURAL ECONOMY OF CERTAIN COASTAL REGIONS OF THE COMMUNITY ; WHEREAS THAT INDUSTRY PROVIDES A MAJOR PART OF THE INCOME OF FISHERMEN IN THESE REGIONS ; WHEREAS IT IS THEREFORE ADVISABLE TO ENCOURAGE MARKET STABILITY BY APPROPRIATE MEASURES ;

WHEREAS ONE OF THE STEPS TO BE TAKEN TO IMPLEMENT THE COMMON ORGANIZATION OF THE MARKET IS THE APPLICATION OF COMMON MARKETING STANDARDS TO THE PRODUCTS CONCERNED ; WHEREAS APPLICATION OF THESE STANDARDS SHOULD HAVE THE EFFECT OF KEEPING PRODUCTS OF UNSATISFACTORY QUALITY OFF THE MARKET AND FACILITATING TRADE RELATIONS BASED ON FAIR COMPETITION , THUS HELPING TO IMPROVE THE PROFITABILITY OF PRODUCTION ;

WHEREAS THE APPLICATION OF THESE STANDARDS CALLS FOR THE INSPECTION OF THE PRODUCTS SUBJECT TO THEM ; WHEREAS PROVISION SHOULD THEREFORE BE MADE FOR SUCH INSPECTION ;

WHEREAS IT IS DESIRABLE TO MAKE PROVISION UNDER THE RULES REGULATING THE MARKET FOR MEASURES WHICH WOULD MAKE IT POSSIBLE TO ADJUST SUPPLY TO MARKET REQUIREMENTS AND TO GUARANTEE , AS FAR AS POSSIBLE , A FAIR INCOME TO PRODUCERS ; WHEREAS , GIVEN THE SPECIAL FEATURES OF THE MARKET IN FISHERY PRODUCTS , THE FORMATION OF PRODUCERS' ORGANIZATIONS WHOSE MEMBERS WOULD BE BOUND BY CERTAIN RULES , NOTABLY IN THE MATTER OF PRODUCTION AND MARKETING , WOULD CONTRIBUTE TO THE ATTAINMENT OF THESE OBJECTIVES ;

WHEREAS IT IS DESIRABLE TO ADOPT PROVISIONS TO FACILITATE THE FORMATION AND OPERATION OF THESE ORGANIZATIONS AND THE INVESTMENT ENTAILED IN APPLYING THEIR COMMON RULES ; WHEREAS TO THIS END MEMBER STATES SHOULD BE ALLOWED TO MAKE AID AVAILABLE TO THEM , THIS AID BEING PARTLY FINANCED BY THE COMMUNITY ; WHEREAS , HOWEVER , THE AMOUNT OF THIS AID SHOULD BE LIMITED ; WHEREAS , IT SHOULD ALSO BE TEMPORARY AND DEGRESSIVE , SO THAT THE FINANCIAL RESPONSIBILITY OF PRODUCERS WILL GRADUALLY INCREASE ;

WHEREAS THE CONCENTRATION AND STRUCTURE OF THESE ORGANIZATIONS IN CERTAIN MEMBER STATES ARE UNSATISFACTORY AND IT APPEARS NECESSARY TO PERMIT MEMBER STATES TO GRANT THEM HIGHER AMOUNTS OF AID DURING A TRANSITIONAL PERIOD ;

WHEREAS , TO SUPPORT THE ACTIVITY OF THESE ORGANIZATIONS , THUS FACILITATING GREATER MARKET STABILITY , MEMBER STATES SHOULD BE PERMITTED TO EXTEND , UNDER CERTAIN CONDITIONS , TO ALL NON-MEMBERS WHO MARKET GOODS IN A SPECIFIC REGION THE RULES , IN PARTICULAR THOSE ON FIRST-STAGE MARKETING , ADOPTED BY THE ORGANIZATION IN THE REGION IN QUESTION ON BEHALF OF ITS MEMBERS ;

WHEREAS APPLICATION OF THE SYSTEM DESCRIBED ABOVE INVOLVES COSTS TO BE BORNE BY THE ORGANIZATION WHOSE RULES HAVE BEEN EXTENDED ; WHEREAS , THEREFORE , NON-MEMBERS SHOULD CONTRIBUTE TOWARDS THESE COSTS ; WHEREAS THE MEMBER STATES CONCERNED SHOULD ALSO BE AFFORDED THE POSSIBILITY OF GRANTING AN INDEMNITY TO THOSE OPERATORS IN RESPECT OF PRODUCTS WHICH , ALTHOUGH THEY MEET MARKETING STANDARDS , COULD NOT BE MARKETED AND WHICH ARE WITHDRAWN FROM THE MARKET ;

WHEREAS , AT ALL EVENTS , PROVISIONS SHOULD BE LAID DOWN TO ENSURE THAT THE PRODUCERS' ORGANIZATIONS DO NOT HOLD A DOMINANT POSITION IN THE COMMUNITY ;

WHEREAS IN ORDER TO COPE WITH MARKET SITUATIONS WHICH , IN THE CASE OF CERTAIN FISHERY PRODUCTS OF SPECIAL IMPORTANCE TO PRODUCERS' INCOMES , ARE LIKELY TO LEAD TO PRICES WHICH MIGHT CAUSE DISTURBANCES ON THE COMMUNITY MARKET , A GUIDE PRICE WHICH IS REPRESENTATIVE OF PRODUCTION AREAS IN THE COMMUNITY AND WHICH WILL BE USED TO DETERMINE PRICE LEVELS FOR INTERVENTION ON THE MARKET MUST BE FIXED FOR EACH OF THESE PRODUCTS ;

WHEREAS , IN ORDER TO STABILIZE PRICES , PRODUCERS' ORGANIZATIONS SHOULD BE ABLE TO INTERVENE IN THE MARKET , NOTABLY BY APPLYING A WITHDRAWAL PRICE BELOW WHICH THE PRODUCTS OF THEIR MEMBERS SHALL BE WITHDRAWN FROM THE MARKET ;

WHEREAS IT IS APPROPRIATE IN SPECIFIC CASES AND UNDER CERTAIN CONDITIONS TO SUPPORT THE ACTIVITIES OF PRODUCERS' ORGANIZATIONS BY PROVIDING FINANCIAL COMPENSATION FOR QUANTITIES WITHDRAWN FROM THE MARKET ;

WHEREAS EXPERIENCE HAS SHOWN THAT , IN CERTAIN CASES , THE FINANCIAL COMPENSATION PAID TO THESE ORGANIZATIONS IS NOT SUCH AS TO ENCOURAGE FISHERMEN TO JOIN THEM ; WHEREAS THE FINANCIAL COMPENSATION SHOULD THEREFORE BE INCREASED ;

WHEREAS EXPERIENCE HAS SHOWN THAT SOME FLEXIBILITY SHOULD BE INTRODUCED INTO THE APPLICATION OF INTERVENTION MECHANISMS BY THE FIXING OF COMMUNITY WITHDRAWAL PRICES , TO ENABLE THE ORGANIZATIONS TO WITHDRAW PRODUCTS FROM THE MARKET , WITHIN CERTAIN LIMITS , IN ACCORDANCE WITH MARKET FLUCTUATIONS ;

WHEREAS , TO ENCOURAGE FISHERMEN TO ADJUST THEIR DELIVERIES MORE ACCURATELY TO MARKET REQUIREMENTS , PROVISION SHOULD BE MADE FOR DIFFERENT LEVELS OF FINANCIAL COMPENSATION DEPENDING ON THE VOLUME OF MARKET WITHDRAWALS ;

WHEREAS IN VIEW , IN PARTICULAR , OF THE SCARCITY OF CERTAIN SPECIES , THE DESTRUCTION OF FISH OF A HIGH COMMERCIAL VALUE WHICH HAVE BEEN WITHDRAWN FROM THE MARKET SHOULD BE AVOIDED WHERE POSSIBLE ; WHEREAS , TO THIS END , AID SHOULD BE GRANTED FOR THE PROCESSING AND STORAGE , FOR THEIR PROCESSING FOR HUMAN CONSUMPTION , OF CERTAIN QUANTITIES OF FRESH PRODUCTS WITHDRAWN FROM THE MARKET ; WHEREAS BECAUSE , ON THE ONE HAND , OF THE PARTICULAR DIFFICULTIES FACED BY THE MEDITERRANEAN ANCHOVY AND SARDINE SECTOR , AND , ON THE OTHER HAND , OF THE SLOW DEVELOPMENT OF PRODUCERS' ORGANIZATIONS IN THE MEDITERRANEAN AREA , IT IS APPROPRIATE TO PROVIDE FOR SPECIFIC AID ARRANGEMENTS FOR THESE TWO PRODUCTS IN THE AREAS CONCERNED FOR A LIMITED PERIOD ;

WHEREAS , WHERE PRICES FOR CERTAIN FROZEN PRODUCTS SHOW A SIGNIFICANT TENDENCY TO DECLINE , PROVISION SHOULD BE MADE TO PERMIT THE GRANTING OF PRIVATE STORAGE AID TO PRODUCERS FOR SUCH PRODUCTS ORIGINATING IN THE COMMUNITY ;

WHEREAS A FALL IN IMPORT PRICES FOR TUNA FOR THE CANNING INDUSTRY MIGHT THREATEN THE INCOME LEVEL OF COMMUNITY PRODUCERS OF THIS PRODUCT ; WHEREAS PROVISION SHOULD THEREFORE BE MADE FOR COMPENSATION TO BE GRANTED TO THESE PRODUCERS WHEN NECESSARY ;

WHEREAS , IN THE INTERESTS OF SAFEGUARDING THE INCOME LEVEL OF PRODUCERS OF SALMON AND LOBSTERS , PROVISION SHOULD BE MADE FOR THE POSSIBILITY OF GRANTING COMPENSATION TO THESE PRODUCERS UNDER CERTAIN CONDITIONS ;

WHEREAS , HOWEVER , IT IS IN THE COMMUNITY INTEREST THAT APPLICATION OF COMMON CUSTOMS TARIFF DUTIES SHOULD BE TOTALLY SUSPENDED FOR CERTAIN PRODUCTS ; WHEREAS , SINCE COMMUNITY PRODUCTION OF TUNA IS INADEQUATE , CONDITIONS OF SUPPLY COMPARABLE TO THOSE RULING IN EXPORTING THIRD COUNTRIES SHOULD BE MAINTAINED FOR FOOD-PROCESSING INDUSTRIES USING THESE PRODUCTS SO AS NOT TO HINDER THEIR DEVELOPMENT IN THE CONTEXT OF INTERNATIONAL CONDITIONS OF COMPETITION ; WHEREAS ANY DISADVANTAGES WHICH THIS SYSTEM MIGHT PRESENT FOR COMMUNITY TUNA PRODUCERS COULD BE OFFSET BY PAYMENT OF THE INDEMNITIES ENVISAGED FOR THIS PURPOSE ; WHEREAS FOR ECONOMIC AND SOCIAL REASONS THE MAINTENANCE OF TRADITIONAL SUPPLIES OF BASIC FOODSTUFFS , SUCH AS SALTED AND DRIED COD , IS ALSO JUSTIFIED ;

WHEREAS EXPERIENCE HAS SHOWN THAT IT MAY PROVE NECESSARY TO TAKE TARIFF MEASURES VERY RAPIDLY , IN ORDER TO ENSURE THE SUPPLY OF THE COMMUNITY MARKET AND TO ENSURE THAT THE COMMUNITY'S INTERNATIONAL UNDERTAKINGS ARE COMPLIED WITH ; WHEREAS , IN ORDER TO ALLOW THE COMMUNITY TO DEAL WITH SUCH SITUATIONS WITH ALL THE ASSIDUITY CALLED FOR , PROVISION SHOULD BE MADE FOR A PROCEDURE ENABLING THE REQUISITE MEASURES TO BE TAKEN RAPIDLY ;

WHEREAS , FOR CERTAIN PRODUCTS , MEASURES SHOULD BE TAKEN WITH REGARD TO IMPORTS COMING FROM THIRD COUNTRIES AT ABNORMALLY LOW PRICES , SO AS TO AVOID DISTURBANCES ON COMMUNITY MARKETS ; WHEREAS , IN ORDER TO ENSURE THE GREATER EFFICIENCY OF THESE MEASURES , IT IS APPROPRIATE , ON THE ONE HAND , TO IMPROVE THE SYSTEM WHEREBY IMPORT PRICES ARE ESTABLISHED , AND , ON THE OTHER HAND , TO EXTEND THE LIST OF THOSE PRODUCTS WHICH MAY BE MADE SUBJECT TO...