31970R2142

Official Journal of the European Communities 707

27.10.70 Official Journal of the European Communities No L 236/5

REGULATION (EEC) No 2142/70 OF THE COUNCIL

of 20 October 1970

on the common organisation of the market in fishery products

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is desirable to make provision under the rules regulating the market for measures which Having regard to the Treaty establishing the would make it possible to adjust supply to market European Economic Community, and in particular requirements and to guarantee, as far as possible, a Articles 42 and 43 thereof; fair income to producers ; whereas, given the special features of the market in fishery products, the Having regard to the proposal from the Commission ; formation of producers ' organisations whose members would be bound by certain rules, notably in Having regard to the Opinion of the European the matter of production and marketing, would Parliament1 ; contribute to the attainment of these objectives ;

Having regard to the Opinion of the Economic and Whereas it . is desirable to adopt provisions to Social Committee2 ; facilitate the formation and operation of these Whereas the operation and development of the organisations and the investment entailed in applying common market in agricultural products must be their common rules ; whereas to this end Member States should be allowed to make aid available to accompanied by the establishment of a common agricultural policy ; and whereas the latter must them, this aid being partly financed by the include in particular a common organisation of Community ; whereas, however, the amount of this agricultural markets, which may take various forms, aid should be limited ; whereas it should also be depending on the products concerned ; temporary and degressive so that the financial responsibility of producers will gradually increase ; Whereas the fishing industry is of special importance to the agricultural economy of certain coastal regions Whereas in order to cope with market situations of the Community ; whereas that industry provides a which, in the case of certain fishery products of . major part of the income of fishermen in these special importance to producers' incomes, are likely regions ; whereas it is therefore advisable to to lead to prices which might cause disturbances on encourage rational marketing of fishery products and the Community market, a guide price which is to ensure market stability by appropriate measures ; representative of production areas in the Community and which will be used to determine price levels, for Whereas one of the steps to be taken to implement intervention on the market must be fixed for each of the common organisation of the market is the these products ; application of common marketing standards to the products concerned ; whereas application of these Whereas, in order to stabilise prices, producers ' standards should have the effect of keeping products organisations should be able to intervene on the of unsatisfactory quality off the market and market, notably by applying a withdrawal price facilitating trade relations based on fair competition, below which their members' products are withdrawn thus helping to improve the profitability of from the market; production; Whereas it is appropriate in specific cases and under Whereas the application of these standards calls certain conditions to support the activities of for the inspection of the products subject to them ; producers' organisations by providing financial whereas provision should therefore be made for such compensation for quantities withdrawn from the inspection ; market;

1 OJ No C 116, 8.11.1968 , pp . 3 and 11 . Whereas it is advisable, to avoid a slump in sardine 2 OJ No C 76, 17.6.1968, p . 11 . and anchovy prices, that sardines and anchovies of

708 Official Journal of the European Communities

Community origin, conforming to common is necessary in these circumstances to allow Member marketing standards, should be bought in by agencies States to maintain for those products the quantitative designated for this purpose by Member States ; ' restrictions which result from their national arrangements ; Whereas, where prices for certain frozen products show a definite tendency to decline, provision should Whereas, in addition to the system described above, be made for the possibility of granting private storage and to the extent necessary for its proper working, aid to producers for such products originating in the provision should be made for regulating or, when the Community ; situation on the market so requires, prohibiting the use of 'inward processing arrangements'; whereas it is also desirable that refunds should be so fixed that Whereas a fall in import prices for tunny for the Community raw materials used by processing canning industry might threaten the income level of industries in the Community with a view to export Community producers of this product ; whereas are . not placed at a disadvantage by inward provision should therefore be made for compensation processing arrangements which might induce these to be granted to these producers when necessary ; industries to give preference to raw materials imported from third countries ; Whereas provision should be made for a study in due course of the different forms taken by the Whereas it is necessary, to prevent competition intervention system to enable the necessary steps to between Community undertakings being distorted on be taken to make producers' organisations financially external markets ; whereas equal conditions of responsible for the intervention system ; competition must therefore be established by a Community system which would provide for the Whereas action should be taken with regard to optional granting of refunds on exports to third abnormally priced imports of certain products from countries to the extent necessary to safeguard third countries to prevent disturbances on Community Community participation in international trade in the markets ; products concerned where these exports are of economic importance ; Whereas, for most products, the system thus Whereas the levying of any customs duty or charge introduced will make it possible to abolish all , having equivalent effect and the application of any quantitative restrictions at the external frontier of the quantitative restriction or measure having equivalent Community and to apply only the duties in the effect are prohibited in the internal trade of the Common Customs Tariff; whereas this machinery Community by the provisions of the Treaty ; whereas might prove inadequate in exceptional circumstances ; the establishment of a common organisation of the whereas, so as not to leave the Community market market in fishery products also entails the abolition without defence against disturbances which may arise , of charges having an effect equivalent to customs in such cases after the import barriers which existed duties and quantitative restrictions or measures previously have been removed, the Community having equivalent effect which formed an integral should be enabled to take all necessary measures part of national organisations of the markets in without delay; fishery products ; whereas, finally , the Council Decision of 20 December 1969 1 on the minimum Whereas , however, it is in the Community interest price system will cease to apply to fishery products that application of Common Customs Tariff duties from the date on which measures for the common should be totally suspended for certain products ; organisation of the market in these products are whereas, since Community production of herring and applied ; tunny is inadequate, conditions of supply comparable to those ruling in exporting third countries should be Whereas the establishment of a single market based maintained for food processing industries using these on a common price system would be jeopardised by products so as not to hinder their development in the the granting of certain aids ; whereas, therefore, the context of international conditions of competition ; provisions of the Treaty whereby aids granted b'y whereas any disadvantages which this system might Member States can be examined and those which are present for Community tunny producers could be incompatible with the common market prohibited, offset by payment of the indemnities envisaged for should be made to apply to the fishing industry ; this purpose ; whereas for social reasons the maintenance of traditional supplies of basic Whereas the transition from the system now in force foodstuffs, such as salted and dried cod, is also to that established by this Regulation should be justified ; effected as smoothly as possible ; whereas certain

Whereas it is not yet possible to define Community import arrangements for certain products ; whereas it 1 OJ No L 328, 30.12.1969, p. 11 .

Official Journal of the European Communities 709

transitional measures may prove necessary to this TITLE r end ; whereas provision should therefore be made for the possibility of adopting such transitional Marketing standards measures ; Whereas the common organisation of the market in Article 2 fishery products must take appropriate account, at the same time, of the objectives set out in Articles 39 1 . Common marketing standards , and the scope of and 110 of the Treaty; such standards may be determined for the products listed in Article 1 or groups of these products . These Whereas implementation of this common standards may cover in particular classification by organisation must also take account of the fact that it quality, size or weight, packing, presentation and is in the Communitv interest to preserve fishing labelling. grounds as far as possible ;

Whereas, in order to facilitate implementation of the 2. When standards have been adopted, the proposed measures, a procedure should be provided products to which they apply may not be displayed for establishing close co-operation between Member for sale, offered for sale, sold or otherwise marketed States and the Commission within a Management unless they conform to these standards, subject to Committee ; special rules which may be adopted for trade with third countries .

HAS ADOPTED THIS REGULATION : 3 . The standards and general rules for their ap­ plication, including the special rules referred to in Article 1 paragraph 2, shall be adopted by the Council acting in accordance with the voting procedure laid down 1 . A common organisation of the market in fishery in Article 43 (2) of the Treaty on a proposal from products shall be established comprising a price and the Commission. trading system and common rules on competition .

Article 3 2. This organisation shall cover the following products : Decisions to adjust the common marketing standards CCT to take account of the requirements of production heading Description of goods No techniques shall be taken in accordance with the procedure laid down in Article 29 . (a) 03.01 Fish, fresh (live or dead), chilled or frozen Article 4 ( b) 03.02 Fish , salted, in brine, dried or smoked 1 . Products for which common marketing (c) 03.03 Crustaceans and molluscs, whether in standards have been adopted shall be liable to shell or not, fresh (live or dead), chilled , frozen , salted , in brine or dried ; crusta­ inspection by Member States for conformity with ceans , in shell , simply boiled in water these standards. This inspection may take place at all marketing stages and during transport. ( d ) ex 05.15 Animal products not elsewhere specified or included ; dead animals of Chapter 1 or 2 . Member States • shall take all appropriate Chapter 3 , unfit for human consumption measures to penalise infringements of the provisions A. Fish , crustaceans and molluscs of Article 2 .

(e) 16.04 Prepared or preserved fish , including 3 . Not later than one month after the entry into caviar and caviar substitutes force of each marketing standard, Member States shall notify the other Member States and the (f) 16.05 Crustaceans and molluscs , prepared or Commission of the name and address of the bodies preserved entrusted with the inspection of each product or group of products for which the standard in question ( g) ex 23.01 Flours and meals, of meat, offals, fish , has been adopted . crustaceans or molluscs , unfit for human consumption ; greaves 4. Detailed rules for the application of paragraph 1 B. Flours and meals of fish , crustaceans or molluscs shall be adopted as necessary in accordance with the procedure laid down in Article 29, account being

710 Official Journal of the European Communities

taken in particular of the need to ensure The value of production marketed shall be co-ordination of the work of the inspection bodies established each year on a standard basis, namely: and uniformity in the interpretation and application — members' average marketed production during of common marketing standards. the three calendar years immediately preceding membership of the organisation ; TITLE II — average producer prices obtained by these members over the same period . Producers' organisations 2. During the five years immediately following the Article 5 creation of the intervention funds referred to in Article 7, Member States may make aid available to 1 . For the purpose of this Regulation, 'producers' producers' organisations, either directly or through organisation' means any recognised organisation or credit institutions, in the form of loans on special association of such ■ organisations , established " on terms to cover part of the anticipated cost of inter­ producers' own initiative for the purpose of taking vention within the meaning of Article 7. such measures as will ensure that fishing is carried out along rational lines and that conditions for the 3 . Member States may continue to make aid sale of their products are improved. available to producers' organisations established prior to the entry into force of this Regulation to These measures, which shall be designed in particular facilitate their adaptation and operation within the to promote implementation of fishing plans, framework of the measures referred to in Article 5 ( 1 ), concentration of supply and regularisation of prices, provided that such aid is no higher and is not granted shall require members : for a longer period than the aid which may be granted under paragraph 1 . — to dispose of their total output of the product or products by reason of which they have become members through the organisation ; the 4 . The aid referred to in this Article ' shall be organisation may decide that this requirement can notified to the Commission in a report which be waived if products are disposed of in Member States shall forward to it at the end of each accordance with common rules established in financial year. advance ; 5 . The Council, acting in accordance with the — to apply, with regard to production and marketing, rules which have been adopted by the voting procedure laid down in Article 43 (2) of the organisation with the particular aim of improving Treaty on a proposal from the Commission, shall product quality and adapting the volume of adopt general conditions and rules for the application of this Article . supply to market requirements.

2 . The Council, acting in accordance with the TITLE III voting procedure laid down in Article 43 (2 ) of the Treaty on a proposal from the Commission, shall Prices adopt general conditions and rules for the application of this Article . Article 7

■ Article 6 1 . For the products listed in Article 1 , producers' organisations may fix a withdrawal price below 1 . Member States may make aid available to which they will not sell products supplied by their members . producers' organisations established after the entry into force of this Regulation to encourage their formation and to facilitate their operation. In this event, for quantities withdrawn from the market, producers ' organisations : This aid shall be granted during the three years — shall grant an indemnity to members in respect of immediately following recognition ; for the first, the products listed in Annex I (A) and ( C) which second and third year this aid shall not exceed 3% , conform to the standards adopted pursuant to 2% and 1% respectively of the value of production Article 2 ; marketed under the auspices of the producers' organisation nor shall it exceed 60% , 40% and 20% — may grant an indemnity to members in respect of of the organisation's administrative expenses in the other products listed in Article 1 but not in first, second and third year respectively. Annex I (A) or ( C ).

Official Journal of the European Communities 711

For each product listed in Article 1 a maximum level price depending on the production and marketing for the withdrawal price may be fixed in accordance characteristics peculiar to each product. with the provisions of paragraph 5 . 4. The Council, acting in accordance with the 2. The disposal of products thus withdrawn from voting procedure laid down in Article 43 (2) of the the market must be determined by producers' Treaty on a proposal from the Commission , shall organisations in such a way as not to interfere with determine the level of the guide prices and normal marketing of the product in question . intervention prices referred to in paragraph 1 .

3 . To finance these withdrawal measures , producers' organisations shall create intervention Article 9 funds fed by contributions assessed on quantities offered for sale or shall, alternatively, have recourse 1 . Throughout the period during which the guide to an equalisation system . price is applicable, Member States shall notify the Commission of the prices recorded on representative 4. ^Producers' organisations shall supply the wholesale markets or in representative ports for following information to the national authorities, products meeting the specifications selected for who shall communicate it to the Commission : fixing the guide price. — the list of products for which they intend to 2 . Markets and ports in Member States where a operate the system described in paragraph 1 ; significant proportion of Community output of - a — the period during which withdrawal prices are given product is marketed shall be regarded as applicable ; representative within the meaning of paragraph 1 .

— the levels of withdrawal prices proposed and 3 . Detailed rules for the application of this Article applied. shall be adopted, and the list of representative markets and ports referred to in paragraph 2 5 . Detailed rules for the application of this Article approved, in accordance with the procedure laid shall be adopted in accordance with the procedure down in Article 29 . laid down in Article 29 .

Article 10 Article 8

1 . Member States shall grant financial 1 . A guide price for each of the products listed in compensation to producers' organisations which Annex I (A) and (C) and an intervention price for intervene pursuant to the provisions of Article 7 in fresh or chilled sardines and anchovies shall be fixed respect of the products listed in Annex I (A) and ( C) before the beginning of the fishing year and on condition : determined in accordance with the provisions of paragraphs 2 and 3 . ( a) that the withdrawal price applied by these organisations is the price fixed in accordance These prices shall be valid for the whole Community with paragraph 4 ; and shall be fixed for each fishing year or for each of the periods into which that year is subdivided ; the (b ) that products withdrawn conform to the intervention price may be fixed for each period into standards adopted in accordance with Article 2 ; which the fishing year can be subdivided on the basis of seasonal price trends. These prices shall be fixed at (c) that the indemnity granted to members in respect a level which help to stabilise market prices without of quantities withdrawn from the market does leading to the formation of structural surpluses not exceed the amount resulting from the within the Community. application to those quantities of the withdrawal price multiplied—in the case of products meeting 2. The guide price shall be based on the average of the quality requirements laid down by the prices recorded on representative wholesale markets common marketing standards for the category or in representative ports during the three fishing below that referred to in paragraph 4—by the years immediately preceding the fixing of that price appropriate quality conversion factor. for a significant proportion of Community output and fixed for a product with given commercial 2. Financial compensation shall be granted only specifications . where products withdrawn from the market are disposed of for purposes other than human 3 . The intervention price shall be fixed at a level consumption or in such a way as not to interfere with lying somewhere between 35% and 45% of the guide normal marketing of the product in question .

712 Official Journal of the European Communities

3 . The value of the financial compensation, shall be were not withdrawn from the market pursuant to equal to the amount resulting from the application to Article 7 ( 1 ). the quantities withdrawn of : These products shall be bought in : — a price equal to 60% of the guide price, where the withdrawal price is more than 65% of the guide — at the intervention price multiplied by the price ; conversion factor for the quality category immediately below that selected for fixing the — a price equal to 55% of the guide price, where the guide price, provided that the products meet the withdrawal price is less than or equal to 65% of requirements . laid' down in the common standards the guide price ; for that category or higher categories ;

multiplied by the quality conversion factors referred — at the intervention price multiplied by the to in paragraph 4 or in paragraph 1 ( c) as the case conversion factor applicable to categories below may be. that referred to in the first indent, provided that the products meet the requirements laid down in This amount shall be reduced by the standard values, the common standards for those categories. fixed at the beginning of the fishing year, for products for purposes other than human 3 . Products bought in pursuant to this Article consumption , or by net receipts from sales of shall, unless an exception is made, be for purposes products for human consumption effected in other than human consumption . accordance with the provisions of paragraph 2 . 4. Buying-in operations shall be suspended as soon 4. The withdrawal price referred to in paragraph 1 as prices remain equal to or higher than the ( a) shall be fixed for each product by applying the intervention price for three successive market days . quality conversion factor for the category immediately The Commission shall immediately find that this below that selected for fixing the guide price to an condition has been fulfilled . amount equal to at least 60% but not more than 90% of the guide price. 5 . Detailed rules for the application of this Article shall be adopted in accordance with the procedure The Council, acting in accordance with the voting laid down in Article 29 . procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt Article 12 general rules for determining the percentage of the guide price to be used in calculating the withdrawal price. 1 . The Commission shall submit to the Council a report on the results obtained through the operation 5 . Detailed rules for the application of this Article of the intervention system introduced by this shall be adopted and the withdrawal price fixed in Regulation and on measures taken by producers' accordance with the procedure laid down in Article organisations under Articles 7 and 10 . 29 . 2. Measures which prove necessary to introduce the intervention system for which producers' Article 11 organisations are financially responsible to all sectors in which . provision has been made for intervention 1 . Where the prices for fresh or chilled sardines shall be adopted by the Council , acting in accordance and anchovies on one of the representative markets with the voting procedure laid down in Article 43 (2 ) or in one of the representative ports referred to in of the Treaty on a proposal from the Commission. Article 9 (2) communicated to the Commission pursuant to Article 9 ( 1 ) remain below the Article 13 intervention price for three successive market days, the Commission shall immediately find that the market in the product concerned is in a state of 1 . A guide price valid for the Community serious crisis . throughout the year shall be fixed each year and determined in accordance with the provisions of 2. Upon such finding the Member States shall, Article 8 (2 ) for each of the products or groups of through the bodies or natural or legal persons products listed in Annex II . appointed by them for this purpose, buy in products of Community origin offered to them on condition 2. The Member States shall notify the Commission that these products meet the requirements laid down of the prices recorded on representative wholesale by the common marketing standards and that they markets or in representative ports for products or

Official Journal of the European Communities 713

groups of products meeting the specifications selected 4. A Community producer price shall be fixed for for fixing the guide price referred to in paragraph 1 . the products referred to in paragraph 1 . This shall be based on the average of prices recorded on 3 . Markets and ports in Member States where a representative wholesale markets or in representative significant proportion of Community output of a ports during the three fishing years immediately given product is marketed shall be considered as preceding the fixing of that price for a significant representative within the meaning of paragraph 2 . proportion of Community output for a product with given commercial specifications. 4. Detailed rules for the application of this Article shall be adopted, and the list of representative 5 . The Council, acting in accordance with the markets and ports referred to in paragraph 3 voting procedure laid down in Article 43 (2) of the approved, in accordance with the procedure laid Treaty on a proposal from the Commission, shall down in Article 29 . adopt general rules for granting the compensation provided for in paragraph 1 and fix the Community producer price referred to in paragraph 4. 5 . The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall fix 6. Detailed rules for the application of paragraph 2 the guide price referred to in paragraph 1 . shall be adopted, and the list of representative markets and ports referred to in paragraph 3 approved, in accordance with the procedure laid Article 14 down in Article 29 .

1 . Where prices for the products of Community Article 16 origin listed in Annex II for one of the representative markets or ports referred to in Article 13 (2) remain below 85% of the guide price referred to in Article The Common Customs Tariff duties applicable to the 13 ( 1 ) for a period during which a trend towards a products listed in the table below shall be totally disturbance of the market is apparent, private storage suspended : aid may be granted to producers provided that products conform to marketing standards when they CCT are placed on the market again. heading Description of goods No 2. Private storage aid may not exceed actual 03.01 Bí (a) 2 Herring, from 16 June to 14 February storage costs and interest charges. 03.01 Bí ( b) 2 Sprats, from 16 June to 14 February 3 . Detailed rules for the application of this Article, 03.01 Bí (c) 1 Tunny for the industrial manufacture of products falling within heading in particular the amount and duration of private No 16.04 storage aid and conditions for withdrawal from storage, shall be adopted in accordance with the 03.02 A I ( b) Cod procedure laid down in Article 29 . 03.02 A II (a) Fillets of cod

/ Article IS TITLE IV 1 . Compensation shall be granted if necessary to Community producers of tunny in respect of the Trade with third countries tunny listed in Annex III (A) intended for the canning industry. Article 17

2 . Member States shall notify the Commission of 1 . The general rules for the interpretation of the the average prices recorded each month on Common Customs Tariff and the special rules for its representative wholesale markets or in representative application shall apply to the tariff classification of ports for the products of Community origin referred products covered by this Regulation; the tariff to in paragraph 1 with given commercial nomenclature resulting from application of this specifications. Regulation and appearing in particular in Annex V shall be incorporated in the Common Customs . Tariff. 3 . Markets and ports in Member States where a significant proportion of Community output of tunny is marketed shall be considered as representative 2 . Save as otherwise provided in this Regulation or within the meaning of paragraph 2. where derogation therefrom is decided by the

714 Official Journal of the European Communities

Council acting in accordance with the voting prices recorded for one and the same marketing stage procedure laid down in Article 43 (2) of the Treaty on representative import markets or in representative on a proposal from the Commission, the following ports of import, reduced by an amount equal to any shall be prohibited : customs duties and charges levied on these products and by the cost of transporting the product from — the levying of any charge having an effect these markets or ports to Community frontier equivalent to a customs duty ; crossing points . — the application of any quantitative restriction. The Commission shall, on the basis of information 3 . Until such time as Community arrangements for supplied by Member States or data gathered by the imports of the products listed in Annex IV (A) and Commission itself, regularly follow the trend of ( C) are implemented, Member States may retain in prices for products imported from third countries on respect of these products the quantitative restrictions the most representative import markets or in the in relation to third countries applicable when- this? most representative ports of import of the Member Regulation enters into force. States for each exporting country.

The entry price for the products listed in Annex III Article 18 (A) shall be based on the weighted average of prices actually recorded on import markets or ports of 1 . Reference prices valid for the Community shall import in the Community during a period of time be fixed each year for the products listed in Annexes which is sufficiently indicative of the trend of the 1. II III (A) and IV (B ) to obviate disturbances caused market. by offers from third countries at abnormal prices or under such conditions as would jeopardise the 4. Where the entry price for a given product stabilisation measures referred to in Articles 10, 11 imported from any third country is lower .than the and 15 . reference price, 2 . The reference price for products listed in ( a) imports of that product may be suspended or Annexes I (A) and (C) shall be equal to a percentage restricted to specified qualities, forms of of the guide price which shall lie within the margins presentation or end uses in the case of the set out in Article 10 (4). products listed in Annex I (A) (with the exception of the product referred to under 1 ) and The reference price for products listed in Annexes I those listed in Annex I ( C), II and IV (B ); (B) and IV (B) shall be determined on the basis of the ( b) imports of that product may be subjected to a reference price for the fresh product. countervailing charge which respects GATT rules on binding in the case of the products listed in The reference price for the products listed in Annex Annex I (A) ( 1 ) and ( B ) and in Annex III ( A). II shall be derived from the guide price referred to in However, where imports at entry prices lower Article 13 ( 1 ) on the basis of the level referred to in than the' reference price are from certain Article . 14 ( 1 ) which occasions the intervention countries only or of a certain species only, the measures provided for therein . countervailing charge will only be levied on imports from these countries or on these species . The reference price for the tunny listed in Annex III (A) intended for use by the canning industry shall be The countervailing charge shall be equal to the based on the weighted average of the prices recorded difference between the reference price and the on the most representative import markets or in the entry price. This charge, which shall be the same most representative ports of import in the Member for all Member States, shall be added to the States during the three years immediately preceding customs duties in force. the date on which the reference price is fixed, reduced by an amount equal to any customs duties and charges levied on the products and by the cost of 5 . The suspension or restriction of imports shall transporting the product used for fixing the guide not, however, apply to third countries which price from these markets or ports to Community undertake to respect the reference price under frontier crossing points . specified conditions and which do so in practice in their deliveries to the Community. The conversion factors set out in Annex III (B) and (C) shall be applied to the various types of tunny and 6. Detailed rules for the application of this Article, to the various forms of presentation . in particular the level of the reference prices and the measures to suspend or restrict imports, shall be 3 . An entry price for the products listed in adopted in accordance with the procedure laid down Annexes I , II and IV (B ) shall be based on the lowest in Article 29 .

Official Journal of the European Communities 715

Decisions to introduce, alter or withdraw the 3 . The measures decided upon by the Commission countervailing charge shall be taken in accordance may be referred to the Council by any Member State with the procedure laid down in Article 29 . within three working days following the day on which they were communicated. The Council shall In the intervals between periodic meetings of the meet without delay. It may amend or repeal the Management Committee, these measures and those measures in question in accordance with the voting concerning the suspension or restriction of imports procedure laid down in Article 43 (2) of the Treaty. shall be adopted by the Commission. In this event, they shall remain valid until any measures adopted in Article 21 accordance with the procedure laid down in Article 29 enter into force. 1 . To the extent necessary to enable economically important exports of the products listed in Article 1 Article 19 (2) to be effected on the basis of prices for those products on the world market, the difference between these prices and prices within the Community may be 1 . To the extent necessary for the proper working covered by an export refund. of the common organisation of the market in fishery products, the Council, acting in accordance with the 2 . The refund shall be the same for the whole voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, may in Community. It may be varied according to certain cases prohibit, in whole or in part, the use of destination. The refund shall be granted on inward processing arrangements in respect of the application by the party concerned. products listed in Article 1 (2) ( a), (b) and ( c) which are intended for the manufacture of the products 3 . The Council, acting in accordance with the listed in Article 1 (2 ) ( b ), ( c), ( e) and (f). voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall 2. The quantity of raw material which, under adopt general rules for granting export refunds and criteria for fixing the amount of such refunds. inward processing arrangements, is not subject to customs duty or a charge having equivalent effect must correspond to the true conditions under which 4. Refunds shall be fixed at regular intervals in the processing operation in question is effected . accordance with the procedure laid down in Article 29 . "Where necessary the Commission may, at the request of a Member State or on its own initiative, Article 20 alter the refunds in the intervening period.

1 . If, by reason of imports or exports, the 5 . Detailed rules for the application of this Article Community market in one or more of the products shall be adopted in accordance with the procedure laid down in Article 29 . listed in Article 1 (2) experiences or is threatened with serious disturbances which may endanger the objectives of Article 39 of the Treaty, appropriate measures may be applied in trade with third countries TITLE v until such disturbance or threat of disturbance has ceased . General provisions The Council, acting in accordance with the voting Article 22 procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt detailed rules for the application of this paragraph 1 . The provisions of the Regulations on the and define the cases in which and the limits within financing of the common agricultural policy shall which Adember States may take protective measures . apply to the market in the products listed in Article 1 from the date on which the system provided for by this Regulation begins to apply. 2. If the situation mentioned in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide upon the 2. Fifty per cent of the aids granted by the necessary measures ; the measures shall be Member States under Article 6 ( 1 ) shall be communicated to the Member States and shall be reimbursed by the Guidance Section of the European Agricultural Guidance and Guarantee Fund . immediately applicable. If the Commission receives a request from a Member State, it shall take a decision within twenty-four hours following receipt of the The Council, acting in accordance with the voting request. procedure laid down in Article 43 (2) of the Treaty

716 Official Journal of the European Communities

on a proposal from the Commission, shall adopt shall be adopted in accordance with the procedure detailed rules for the application of this paragraph. laid down in Article 29 .

Article 23 Article 28

1 . Goods listed in Article 1 which are 1 . A Management Committee for Fishery Products manufactured or obtained from products to which (hereinafter called the 'Committee') shall be Article 9 (2) and Article 10 ( 1 ) of the Treaty do not established, consisting of representatives of Member apply shall not be admitted to free circulation within States and presided over by a representative of the Commission . the Community.

2 . Within the Committee , the votes of Member 2 . Without prejudice to other Community provisions, the Member States shall take the States shall be weighted in accordance with Article necessary steps to ensure that all fishing vessels flying 148 (2 ) of the Treaty. The Chairman shall not vote . the flag of one of the Member States shall enjoy equal access to ports and first-stage marketing Article 29 installations together with all associated equipment and technical installations . 1 . Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Committee either on his own initiative or at the Article 24 request of the representative of a Member State .

Subject to any provisions to the contrary adopted 2 . The representative of the Commission shall pursuant to Articles 42 and 43 of the Treaty, Articles submit a draft of the measures to be taken . The 92, 93 and 94 of the Treaty shall apply to production Committee r shall deliver its Opinion on such of and trade in the products listed in Article 1 . measures within a time limit to be set by the Chairman according to the urgency of the questions under Article 25 consideration. An Opinion shall be adopted by a majority of twelve votes . Where a price rise, exceeding one of the guide prices referred to in Articles 8 ( 1 ) and 13 ( 1 ) or the 3 . The Commission shall adopt measures which Community producer prices referred to in Article 15 shall apply immediately. However, if these measures (4) by a percentage still to be determined, is recorded are not in accordance with the Opinion of the on the Community market and where this situation is Committee, they shall forthwith be communicated by the Commission to the Council. In that event the likely to persist and is disturbing or threatens to Commission may defer application of the measures disturb the market, appropriate measures may be for not more than one month from the date of such taken to remedy the situation. communication . The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty The Council, acting in accordance with the voting on a proposal from the Commission, shall adopt procedure laid down in Article 43 (2) of the Treaty general rules for the application of this Article. on a proposal from the Commission, may take a different decision within one month.

Article 26 Article 30

The Council, acting in accordance with the voting The Committee may consider any other question procedure laid down in Article 43 (2) of the Treaty referred to it by its Chairman either on his own on a proposal from the Commisson, may amend the initiative or at the request of the representative of a Annexes and alter the percentages referred to in Member State. Articles 8 , 10 and 14 .

Article 31 Article 27 Should transitional measures be necessary to facilitate Member States and the Commission shall the transition from the system at present in force in communicate to each other the information necessary each Member State to the system established by this for implementing this Regulation. Rules for the Regulation , in particular if the introduction of the communication and distribution of such information new system gives rise to substantial difficulties in

Official Journal of the European Communities 717

respect of certain products, such measures shall be Article 33 adopted in accordance with the procedure laid down in Article 29 . They shall be applicable for not more This Regulation shall enter into force on the third than one year from the date on which this Regulation . day following its publication in the Official Journal begins to apply. of the European Communities.

Article 32 The system established by this Regulation shall apply from 1 February 1971 , except for the measures This Regulation shall be so applied that appropriate provided for in Article 31 , which may be made to account is taken, at the same time, of the objectives apply from the date of entry into force of this set out in Articles 39 and 110 of the Treaty. Regulation .

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

Done at Luxembourg, 20 October 1970 .

For the Council

The President H. D. GRIESAU

718 Official Journal of the European Communities

ANNEX I

A. Fresh or chilled products falling within sub-heading No ex 03.01 B I

1 . Herring 2 . Sardines 3 . Redfish (Sebastes marinus) 4. Cod j 5 . Coalfish 6. Haddock 7. Whiting 8 . Mackerel 9 . Anchovies 10. Plaice

B. Frozen products falling within sub-heading No ex 03.01 B I (a) / Herring

C. Shrimps of the genus Crangon sp. p., fresh,, chilled or simply boiled in water, falling within sub-heading No 03.03 A IV (b) 1

ANNEX 11

/ Frozen products falling within sub-heading No ex 03.01 B I

— Sardines — Sea bream of the species Dentex dentex and Pagellus

Frozen products falling within sub-heading No ex 03.03

— Squid (Loligo sp . p., Ommastrephes sagittatus, Todarodes sagittatus, Iliex coindetti ) — Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola rondeleti — Octopus

ANNEX 111

Tunny, fresh, chilled or frozen, for the industrial manufacture of products falling within heading No 16.04 (sub-heading No 03.01 B I (c) 1)

A. All species of tunny

Official Journal of the European Communities 719

B. Conversion factors applicable to the various species of tunny Conversion factor Yellow-finned tunny : weighing not more than 10 kg each1 1 weighing . not more than 10 kg each1 1-10

Long-finned tunny 1-25

Other species 0-75

C. Conversion factors applicable to each of the species referred to in Section B by form of presentation 1 . Whole 1 2. Gilled and gutted 1-14 3 . Other (for example, 'heads off') 1-24

ANNEX IV

A. Fresh, chilled or frozen products

Sub-heading No . 03.01 A I (a) Trout Sub-heading No 03.01 A III Carp

B. Frozen products

Sub-heading No ex 03.01 B I and Sub-heading No ex 03.01 B II (b ) Cod Coalfish Haddock Redfish (Sebastes marinus) Sea bream of the species Dentex dentex and Pagellus

C. Prepared or preserved fish

Sub-heading No 16.04 D Sardines Sub-heading No 16.04 E Tunny

l References to weight apply to whole products .

720 Official Journal of the European Communities

ANNEX V

NEW NOMENCLATURE FOR CHAPTER 3 AND HEADING 05.15 OF THE COMMON CUSTOMS TARIFF

CCT heading Description of goods No

03,01 Fish, fresh (live or dead), chilled- or frozen :

A. Freshwater fish : I. Trout and other salmonidae : ' ( a) Trout (b ) Salmon and lake white fish (c) Other II . Eels : ( a) From 1 April to 30 September (b) From 1 October to 31 March III . Carp IV. Other

B. Saltwater fish I. Whole, headless or in pieces : (a) Herring : 1 . From 15 February to 15 June : (aa) Fresh or chilled (bb) Frozen 2. From 16 June to 14 February (aa) Fresh or chilled (bb) Frozen \ (b) Sprats : 1 . From 15 February to 15 June 2. -From 16 June to 14 February (c) Tunny : V 1 . For the industrial manufacture of products falling within heading No 16.04*: ( aa) Whole : 11 Yellow-finned tunny ( aaa) Weighing not more than 10 kg each (bbb) Other 22 Long-finned tunny 33 Other (bb ) Gilled and gutted : 11 Yellow-finned tunny ( aaa) Weighing not more than 10 kg each (bbb ) Other 22 Long-finned tunny 33 Other

* Entry under this sub-heading is subject to compliance with conditions to be determined by the competent authorities .

Official Journal of the European Communities 721

CCT heading Description of goods No

03.01 (cc) Other (for example, 'heads off ) ( Cont'd) 11 Yellow-finned tunny : ( aaa) Weighing not more than 10 kg each (bbb ) Other 22 Long-finned tunny 33 Other 2 . Other

(d) Sardines (Clupea pilchardus Walbaum): 1 . Fresh or chilled 2 . Frozen (e) Dogfish (f) Redfish (Sebastes marinus): 1 . Fresh or chilled 2 . Frozen (g) Halibut (Hippoglossus vulgaris, Hippoglossus reinhardtius)

(h) Cod (Gadus morrhua or Gadus callarías): 1 . Fresh or chilled 2 . Frozen (j ) Coalfish (Pollachius virens or Gadus virens): 1 . Fresh or chilled 2 . Frozen (k) Haddock : 1 . Fresh or chilled 2 . Frozen (1) Whiting (Meriangus merlangus): 1 . Fresh or chilled 2 . Frozen (m) Mackerel : 1 . From 15 February to 15 June : (aa) Fresh or chilled (bb) Frozen 2. From 16 June to 14 February : ( aa) Fresh or chilled (bb) Frozen (n) Anchovies (Engraulis sp . p .): 1 . Fresh or chilled 2 . Frozen (o) Plaice : 1 . Fresh or chilled 2 . Frozen (p) Sea bream of the species Dentex dentex and Pagellus : 1 . Fresh or chilled * 2 . Frozen (q) Other

722 Official Journal of the European Communities

CCT heading Description of goods No

03.01 II . Fillets : ( Cont'd) ( a) Fresh or chilled (b) Frozen 1 . Of cod ( Gadus morrhua or Gadus callarias) 2 . Of coalfish (Pollachius virens or Gadus virens) 3 . Of haddock 4. Of redfish (Sebastes marinus) 5 . Of tunny 6. Of sea bream of the species Dentex dentex and Pagellus 7 . Other

C. Livers and roes :

03.02 (No change)

03.03 Crustaceans and molluscs, whether in shell or not, fresh (live or dead), chilled, frozen, salted, in brine or dried ; crustaceans, in shell, simply boiled in water :

A. Crustaceans : I. Crawfish

II. Lobsters (Homarus sp. p.): (a) Live (b) Other 1 . Whole 2 . Other III . Crabs and freshwater crayfish IV. Shrimps and prawns : (a) Prawns (Pandalidae sp. p .) ( b ) Shrimps of the genus Crangon sp . p. : 1 . Fresh, chilled or simply boiled in water 2 . Other (c) Other

V. Other (for example, Norway lobsters)

B. Molluscs :

I. Oysters : (a) European flat oysters weighing not more than 40 g each (b ) Other II . Mussels

III. Snails, other than sea snails

IV . Other : ( a) Frozen . 1 . Squid ( aa) Ommastrephes sagittatus.and Loligo sp. p. (bb ) Other

Official Journal of the European Communities 723

CCT heading Description of goods No

03.03 2 . Cuttlefish of the species Sepia officinalis, Rossia macrosoma ( Cont'd) and Sepiola rondeleti 3 . Octopus 4 . Other

(b ) Other : 1 . Squid ( Ommastrephes sagittatus and Loligo sp. p. ) 2 . Other

05.15 Animal products not elsewhere specified or included; dead animals of Chapter 1 or Chapter 3, unfit for human consumption :

A. Fish, crustaceans and molluscs : I. Fish of a length of 6 cm and less and shrimps and prawns, dried II . Other*

B. Other

* See Annex III to the Common Customs Tariff.