Regulation 1982/2202 - General rules for the granting of financial compensation in respect of certain fishery products - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1982/2202
Original proposal	COM(1982)207
CELEX number i	31982R2202

Avis juridique important

|

Council Regulation (EEC) No 2202/82 of 28 July 1982 laying down general rules for the granting of financial compensation in respect of certain fishery products

Official Journal L 235 , 10/08/1982 P. 0001 - 0003

Spanish special edition: Chapter 04 Volume 1 P. 0239

Portuguese special edition Chapter 04 Volume 1 P. 0239

*****

COUNCIL REGULATION (EEC) No 2202/82

of 28 July 1982

laying down general rules for the granting of financial compensation in respect of certain fishery products

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 (1), and in particular Article 13 (6) thereof,

Having regard to the proposal from the Commission,

Whereas Article 13 of Regulation (EEC) No 3796/81 provides that Member States shall grant financial compensation to producers' organizations which, in certain circumstances, withdraw from the market the products specified in Annex I (A) and (D) to the said Regulation;

Whereas, in order to give maximum encouragement to efforts to stabilize the market, those producers' organizations which do not apply the Community withdrawal price throughout the fishing year should not qualify for financial compensation;

Whereas, to facilitate the application of the Community withdrawal price system where fishery products are offered for sale by an organization or by one of its members outside the operational area of that organization, the withdrawal price to be observed should be determined by applying the margin of tolerance, if any, for the area in which the quantities concerned are offered for sale;

Whereas the measures taken by the producers' organizations are intended to ensure that fishing is carried out along rational lines and that conditions for the sale of their members' products are improved; whereas, to this end, it is necessary that financial compensation should be granted only in respect of the products supplied by the members of such organizations;

Whereas, since demand may fluctuate over a given marketing period, products should not be withdrawn from the market before they have been offered for sale; whereas, therefore, financial compensation should be granted only in respect of products which, having been offered for sale in the usual manner, have failed to find a buyer at the Community withdrawal price;

Whereas, in the event of certain products being withdrawn from the market, the carry-over premium provided for in Article 14 of Regulation (EEC) No 3796/81 is intended to prevent the destruction of products of a high commercial value; whereas, therefore, compensation should be granted only in respect of products which do not qualify for the carry-over premium;

Whereas, pursuant to the second subparagraph of Article 13 (4) of Regulation (EEC) No 3796/81, 80 % of the volume of products having benefited under the carry-over premium is taken into account when calculating the financial compensation; whereas, therefore, the quantities referred to in Article 14 (2) of the aforesaid Regulation vary depending on the quantities withdrawn from the market and referred to in Article 13 (3); whereas, consequently, the maximum aggregate quantities which may be taken into account pursuant to these two Articles vary between 20 and 23 % of annual quantities put up for sale;

Whereas, if the system of differential-rate financial compensation is to function properly, rules should be laid down to specify how the quantities withdrawn should be taken into consideration for the purpose of determining the amount of compensation applicable to the various bands of quantities withdrawn;

Whereas no financial compensation may be paid until the end of the fishing year; whereas, to facilitate the operation of the producers' organizations, provision should be made...

This text has been adopted from EUR-Lex.

This page is also available in a full version containing the legal context, de Europese rechtsgrond and the related cases of the European Court of Justice.