Explanatory Memorandum to COM(1982)515 - - Main contents
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| dossier | COM(1982)515 - . |
|---|---|
| source | COM(1982)515  |
| date | 30-07-1982 |
COLLECTION RELIEE DES DOCUMENTS 'COM'
COM (82)515
Contents
- Vol. 1982/0170
- COM(82) 515 final Brussels, 30 July 1982
- Explanatory memorandum
- ' t •
- II. The budgetary aspects of the new increased aid arrangements for the
- Whereas the higher aid provided for on a temporary basis in Regulation (EEC)
- Whereas the aid for which an association of producers' organizations is eligible should be limited to a maximum amount to take account of the
- This Regulation lays down the general conditions and , rules for granting and financing aid . granted to producers' organi
- 1. Where a producers' organization is recognized in a Member State or in an . area of a Member State where no other organization whose activity relates to
- Article 3
- . Article 5 •
- by '
- Article 6
- Article 9
- Article 10
- Article'11
- ' Article 12
- Done at Brussels, ... For the Council
- SATE. 14.7.1982
- 156.000 Ecus +
- 1982
- 1. BUDCET LINE CCMCERNE D I
- 5.1.1 FLURIANNUAL PATTERN OP RECEIPTS COMMITMENT AND PAYMENT APPROPRIATIONS
Disclaimer
Conformement au reglement (CEE, Euratom) n° 354/83 du Conseil du ler fevrier 1983 concernant I’ouverture au public des archives historiques de la Communaute economique europeenne et de la Communaute europeenne de I’energie atomique (JO L 43 du 15.2.1983, p.
1), tel que modifie par le reglement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 (JO L 243 du 27.9.2003, p.
1), ce dossier est ouvert au public. Le cas echeant, les documents classifies presents dans ce dossier ont ete declassifies conformement a I’article 5 dudit reglement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p.
1), as amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 27.9.2003, p.
1), this file is open to the public. Where necessary, classified documents in this file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Obereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar 1983 uber die Freigabe der historischen Archive der Europaischen Wirtschaftsgemeinschaft und der Europaischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S.
1), geandert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003 (ABI. L 243 vom 27.9.2003, S.
1), ist diese Datei der Offentlichkeit zuganglich. Soweit erforderlich, wurden die Verschlusssachen in dieser Datei in Obereinstimmung mit Artikel 5 der genannten Verordnung freigegeben.
COMMISSION OF THE EUROPEAN COMMUNITIES
COUNCIL REGULATION (EEC)
on granting and financing aid granted by Member States to producers' organizations in the fishery products sector
(submitted to the Council by the Commission)
C0M(82) 515 final
Cem S~4S
I. The new Regulation (EEC) No 3796/81 on the common organization of the
market in fishery products, incorporating provisions previously laid down in Article 6 of Regulation 100/76, authorizes the Member States, under certain conditions, to grant producers' organizations aids designed to encourage their formation and facilitate their operation.
The new regulation also includes a new provision; the possibility of granting increased aids for five years whenever the constitution of a producers' organization leads to an improvement in production and marketing structures.
The Commission now proposes that in regions where there are no producers' organizations, especially Greece, the mere fact of the establishment of such an organization should be regarded ipso facto as leading to an improvement in production and marketing structures^ since the mere formation of such an organization constitutes in this particular case progress beyond the previous situation. ,
On the other hand, in Member States or areas of a Member State where there are already producers' organizations, the establishment of new organizations must, if it is to yield an improvement in production and marketing structures and thus create entitlement to increased aids, meet supplementary criteria, namely that of further rationalization of fishery activities and that of better concentration of supply.
' : ' 1 .
In order to avoid certain improper practices, and, in particular, the break-up of producers' organizations having already qualified for aids solely in order to qualify for new aids on rerformation, the Commission proposes that, whenever a producers' organization is drawn from producers' organizations already recognized, the aid paid should be confined only to the administrative costs inherent in the formation of the new organization.
The Commission also proposes to update the maximum global aid amount for which an association of producers' organizations may qualify. .
The present Regulation involves no other alteration to the arrangements made in Regulation No 106/76, which will be repealed.
2.
encouragement of the formation of producers' organizations have already been dealt with unoer the new basic regulation. The increase in supplementary expenditure chargeable to the Guidance Section of the European Agricultural Guidance and Garar.tee Fund, has been estimated at about 200 COO ECUS on average, per ysar, beyond the average cost of 135 000 ECU per year for the former arrangement.
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1 '<
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Proposal for a {
Council Regulation (EEC) ■ ;
on granting and financing aid granted by Member States to .
producers' organizations in the fishery products sector •
■ ■ 1 . . ■
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on .
the common organization of the market in fishery products i, and in particular Articles 6(6) thereof and 26(3),
Having regard to the proposal from the Commission,
Whereas the general conditions and rules for the application of aid . granted by Member States to producers' organizations and the procedure for financing those aids from the Guidance Section of the European Agricultural Guidance and Guarantee Fund must be adopted;
No 3796/81 are to be granted to'producers'organizations only i f their formation brings about an improvement in production and marketing structures; whereas, the criteria for assessing such improvement should therefore be defined;
Whereas, in the case of a producers' organization formed from organizations which are already recognized, the amount of the aid. should be limited to the cost of setting up the said organization; p .
■ ' ■ ■ • - ^ !] •'
OJ No L 379, 31 .12.1981, p. 1.
2.
Whereas, to ensure that . aid is . granted and financed under consistent conditions, the methods for calculating the value of the production marketed under the auspices of the producers' .organizations and the administrative expenses of these organisations should be defined; whereas this calculation must be based on reliable accounts; whereas the difficulty of having such accounts available in certain cases should be caken into account by making provision for an alternative flat-rate method in such cases;
Whereas the aid for which an association of producers' organizations is eligible should be limited to a maximum amount to take account of the
fact that each of the member organizations may be eligible for aid for its • formation and operation,
HAS ADOPTED THIS REGULATION: . ' . .
* Article 1 :
This Regulation lays down the general conditions and , rules for granting and financing aid . granted to producers' organi
zations in the fisheries sector, pursuant to Article 6 of Regulation (EEC)
No 3796/81, hereinafter referred to as the basic Regulation.
Article 2 .
1. Where a producers' organization is recognized in a Member State or in an . area of a Member State where no other organization whose activity relates to
the same products or to similar products has yet been recognized, the formation of such organization shall be considered as bringing about^ within the meaning of Article 6 i b) of the basic Regulation,an improvement in production and marketing structures by comparison with the existing situation .
2. In cases other than that referred to in paragraph 1, a producers' organization shall be eligible for the aidr provided for in Article 6(2)(b) of the basic Regulation only if it is shown to the satisfaction of the Member State concerned that the formation of such producers' organization:
- taking account of the catch plans drawn up'by the organization, encourages
*
greater rationalization of fishing activity;
- ensures greater concentration of supply of products landed by its members.
In the case of a producers' organization formed from organizations which have already been recognized, the aid referred to in Article 6(2)(a) and (b) of the basic Regulation shall be granted only in respect of the costs relating to the drawing up of the constituting act arid of the statutes of the organization thus constituted-
Article 4
For the purpose of calculating the aids referred to in Article 6 i of the
basic Regulation, account shal l be taken of the marketed production:
- of producers who were members of the producers' organization on the date on which it was recognized and who were members of the organization throughout the year for which aid is claimed,
- of producers who joined the producers' organization after the date on which it was recognized and who were members of the organization throughout the last nine months of the year for which aid is claimed.
The value of the production marketed by a proucers' organization shall be calculated for each product by multiplying: ■ •
- the average production referred to in the first indent of Article 6
of the basic Regulation, ascertained in accordance with the procedure laid down in Article 6 of this Regulation and expressed in 100 kilograms net,
- the average price per product referred to in the second indent of Article 6 (3) of the basic Regulation, ascertained in accordance with the procedure laid down in Article 7 of this Regulation and calculated per 100 kilograms net.
For the purpose of calculating the average production referred to in the first indent of Article 5, the production marketed by producer members shall be ascertained for each of the three calendar years irrrnediately preceding membership :
- on the basis of reliable commercial and accounting:records or
- if such supporting evidence is not available, on the basis of a flat-rate assessment 'made by the competent departments of the Member State, account beina taken in particular of productive capacity in terms of equipment and manpower and the result thus obtained being reduced by 10 % to cover che member's own consumption and non-commercial transactions.
; Article 7 ., . ,
For the purpose of calculating the average price referred to in the second indent of Article 5, the average price obtained by producer members for each of the three calendar years immediately preceding membership shall be ascertained
- on the basis of reliable commercial and accounting records or
- if such supporting evidence is not available, by calculating the average quotation for each product at,the most representative wholesale market or the most representative port of the area in which the producers' organization concerned operates, such average quotation being the average of the representative quotations recorded during the reference year by the competent authorities of the Member State at that rftarket or port.
. Article 8 :■
1. The administrative expenses referred to in Article 6 i of
the basic Regulation, to be taken into consideration when the maximum amount of aid granted to producers' organizations is being calculated, must be established on the basis of reliable commercial and accounting records and be approved by the competent authorities of the Member States.
2. The amount of the administrative expenses mentioned in paragraph 1 shall be determined in accordance with the procedure laid down in Article 33 of the basic Regulation.
Aid to an association of producers' organizations may not exceed 120.000 ECU.
1 . Applications for financing must relate to expenditure incurred by Member States during a calendar year and must be submitted to the Commission annually before 1 May of the following year.
2. The Commission shall decide on these applications en bloc or separately, after consulting the Fund Committee.
3. Provisions concerning the information to be included in Member States' applications for financing >-the form that such applications should take and the supporting evidence to be submitted to the Commission by Member States shall be adopted in accordance with the procedure laid down in Article 13 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy, as last amended by Regulation (EEC) No 3509/80 .
1. Council Regulation (EEC) No 106/76 of 19 January 1976 on granting and ' reimbursing aids granted by Member States to producers’ organizations in the fishing industry i. is hereby repealed.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1982. For producers' organizations formed before that date, the procedure laid down in Regulation (EEC) No 106/76 shall remain applicable..
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This Regulation shall be binding: in its entirety and directly applicable in ' all Member States. ■
The President
0J No L 367, 31 .12.1980, p. 87.
0J No L 20 , 28.01 .1976, p. 42.
FINANCIAL STATEMENT
anisstions
A re. 4o1 : Producers' Org
in the fisheries sector
C.'IEDXVS J
t. action i Proposal for a Council Regulation concerning toe granting and financing of aids granted by Member States to producers' organisa*ions •
j. legal basis i Regulation n° 3796/81 on the common organisation of the markets in fishery products
4. objectives i Appl icut ion of the new system of increased aid to encourage the setting up and to improve che working of the producers' organisations in the fisheries sector.
| 5. FINANCIAL CONSEQUENCE . 3.0 EXPENDITURE . -CHAKCfcD TO T)CR EC ffjtWCT. (w>uvx/; ktlh mm ONS ) | PERIOD OP 12 MONTHS | CURRENT FINANCIAL TEAR ( 82 ) | FOLLOW NC^jHANCIAL TEAR |
| - . | 156.000 | 300.000 | |
| -CISARSEB TO NATIONAL ADKIN1CTH. -ClUHGl.'D TO 0T1UM NATIONAL GROUTS | > . | ||
| 3.1 wrim -(■WN OR THE EC (LEVUS/CI1STOI3 DUTIES) | ;! ' . | ||
| -NATIONAL , , . , | " ■■ | ,, -- |
TEA* ..1&8A,....... TEAS......3.9.85..... TEA*......
>.0.1 PLURI ANNUAL PATTERS OP EXPENDITURE 300.000 300.000 300.000
5.2 KEIH0D OF CALCULATION • • ____ . . ,
Within the framework of the new basic regulations n° 3796/81 additional expenditure resulting from increased aids for the setting up for - producers' organisations has already been taken into account.
| 4.0 FINANCING POSSIBLE WITH CREDITS INSCRIBED IN RELEVANT CHAPTER OP CURRENT BUDCET T | TES/fcB |
| 6.1 FINANCING POSSIBLE BT TRANSFER BETNU3! CHAPT1S3 OF CURRENT BUDGET 7 ■ | jfjT./NO |
| 6.2 MLUUilTT FOR A SUPPLELEN "AHT BUDGET T • , ' . , , ' f | ir/"° |
| 6.J CREDITS TO BE WHITTEN INTO FUTURE BUDGETS 7 . i > , , | |
| I • ' ■ rt , ■ r I 71 rv |
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