*****
COMMISSION REGULATION (EEC) No 1106/90
of 18 April 1990
on the communication of information for the purposes of the common organization of the market in fishery products
THE COMMISSION 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), as last amended by Regulation (EEC) No 2886/89 (2), and in particular Articles 9 (5), 11 (4), 15 (4), 17 (6), 22 (5) and 31 thereof,
Whereas the Commission has to be able to monitor the price stabilization activities of producers' organizations and the way in which they apply the systems of financial compensation, carry-over premiums and storage premiums;
Whereas the Community intervention arrangements under Regulation (EEC) No 3796/81 require information to be available on the prices recorded on the wholesale markets and in representative ports of the Community;
Whereas the markets and ports of the Member States to be considered representative for a given product have to be established;
Whereas it is also necessary to stipulate how frequently the market prices are to be recorded and related notifications made;
Whereas improved organization has led to an increase in the number of notifications relating to the application and monitoring of Community intervention arrangements in the common organization of the markets;
Whereas experience has shown the need to simplify, standardize and rearrange the data transmitted;
Whereas this Regulation is therefore to replace Commission Regulation (EEC) No 3598/83 (3), as last amended by Regulation (EEC) No 1528/88 (4), and 3599/83 (5); whereas these Regulations should be repealed;
Whereas, since various data in several Commission Regulations have been grouped together in this Regulation, the following articles should be repealed: Article 2 (1) and (2) of Regulation (EEC) No 1985/74 of 25 July 1974 laying down detailed rules of application for the fixing of reference prices and free-at-frontier prices for carp (6), as last amended by Regulation (EEC) No 2046/85 (7); Article 4 of Regulation (EEC) No 1501/83 of 9 June 1983 on the disposal of certain fishery products which have been the subject of measures to stabilize the market (8); Article 15 (2) of Regulation (EEC) No 3321/82 of 9 December 1982 laying down detailed rules for the granting of a carry-over premium for certain fishery products (9), as last amended by Regulation (EEC) No 3507/89 (10); Article 18 (2) of Regulation (EEC) No 314/86 of 11 February 1986 laying down detailed rules for the grant of a storage premium for certain fishery products (11), as last amended by Regulation (EEC) No 2201/89 (12); Article 14 (1) and (2) of Regulation (EEC) No 2415/89 of 3 August 1989 laying down detailed rules of application for the granting of private storage aid for certain fishery products (13);
Whereas, in order that Member States may adapt the notifications in time and in the required form required by this Regulation, it should be adopted several months before its entry into force;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries Products,
HAS ADOPTED THIS REGULATION:
TITLE I
Communication of information concerning withdrawal and selling prices by producers' organizations
Article 1
1. Member States shall communicate the information specified in Article 9 (4) of Regulation (EEC) No 3796/81, hereinafter referred to as 'the basic Regulation', to the Commission within one month of the beginning of the fishing year during which the withdrawal and selling prices are to be applied.
Where the withdrawal and selling prices are fixed by an association grouping two or more producers' organizations, each producers' organization intending to apply the arrangements communicated must be named.
2. Any change in the information referred to in paragraph 1 must be notified to the Commission by the Member States without delay.
TITLE II
Notifications concerning the products listed in Annexes I (A), (D) and (E) and IV (B) to the basic Regulation
Article 2
The notifications specified in Article 11 (1) of the basic Regulation shall comprise, for each of the products listed in Annex I (A), (D) and (E) to that Regulation and for each representative market or port:
1. the following monthly data:
(a) the average market price weighted according to the quantity marketed
- of each product
and
- the product category used for fixing the guide price;
(b) the total quantity marketed of the product and of the category referred to in the second indent of (a);
(c) the total quantity withdrawn from the market;
2. the following six-monthly data:
(a) the average six-monthly market price of each product category;
(b) the quantities marketed, broken down by product category.
3. Moreover, if the market in a product slumps or undergoes disturbance or is threatened with such, the data shall be communicated at least weekly, with separate figures for each market day.
Article 3
Member States shall communicate to the Commission the information referred to in Article 11 (3) of the basic Regulation every six months. For products referred to in Annex IV (B) and frozen on board, it shall comprise the average selling price and the quantities sold on the wholesale market, broken down by usual commercial presentation.
Article 4
1. In respect of each product listed in Annex I (A), (D) and (E) of the basic Regulation, Member States shall notify the Commission every six months of:
(a) the quantities withdrawn from or remaining unsold on the market at, as appropriate:
- the Community withdrawal price and the Community selling price and, where applicable, the regionalized withdrawal price,
- the autonomous withdrawal price.
The categories of each product withdrawn must be specified;
(b) the average price obtained, per disposal option provided for in Article 1 of Regulation (EEC) No 1501/83; in addition, not later than six months following the end of the fishing year concerned, the annual quantities disposed of broken down by manner of disposal and by product.
(c) the quantity of each product on which the carry-over premium is to be granted, broken down by category, the type of processing carried out and the average wholesale selling price of the processed products;
(d) the quantity of each product on which the storage premium is to be granted, broken down by category, the type of storage and the average wholesale selling price of the products that have been in storage.
2. After the fishing year has ended, producers' organizations shall communicate to the Member State to which they belong, in respect of the products listed in Annex I (A), (D) and (E) of the basic Regulation, the quantities of products sold by the organization and the quantities for which financial compensation, carry-over premiums or storage premiums, as provided for in Articles 13, 14 and 14 (a) of the basic Regulation, have been granted. Member States shall forward these data to the Commission not later than six months after the beginning of the following fishing year.
TITLE III
Notifications concerning the products listed in Annexes II and III to the basic Regulation
Article 5
Member States shall communicate to the Commission the information referred to in Article 15 (2) of the basic Regulation, which shall contain, for each product listed in Annex II to that Regulation selected for fixing the guide price, and for each representative market and port:
- the average monthly market price, weighted according to the quantities marketed,
- the total quantities during that month. Article 6
Member States shall communicate to the Commission the information referred to in Article 17 (4) of the basic Regulation, which shall contain, for each species and form of presentation referred to in Annex III to that Regulation and for each representative market or port:
- the average monthly market price, weighted according to the quantities marketed,
- the total of the quantities marketed during that month.
Separate notifications shall be made for fresh and chilled products on the one hand, and for frozen products.
Article 7
1. For products listed in Annexes II and III of the basic Regulation, producers' organizations shall communicate to the relevant authorities of the Member State concerned at least the following monthly data for each species and commercial presentation:
- the quantity landed by their members,
- the quantity sold and the average selling price, in the case of products listed to in Annex II,
- the quantity sold and delivered to the processing industry and the average selling price, in the case of products listed in Annex III,
- the quantity unsold put into cold storage,
- the quantity put back on the market following storage.
The Member State shall forward these communications to the Commission monthly.
2. Should it be found that selling prices are lower than the level specified in Article 16 (1) (a) of the basic Regulation and are likely to remain so, the producers' organizations shall communicate the abovementioned information to the Member State weekly, broken down by each market day. The Member State shall forward this information to the Commission immediately.
TITLE IV
Notifications concerning certain products of Annex IV (A) to the basic Regulation
Article 8
Member States shall communicate to the Commission, every year before 1 November, the average monthly production prices recorded in the representative production zones and the quantities of carp marketed in the form of presentation referred to in Article 1 of Regulation (EEC) No 1985/74. Each notification shall cover the three years preceding the fixing of the reference prices.
The production price shall be the producer's selling price to the wholesaler.
The representative production zones shall be:
1.2 // Germany: // Oberpfalz, // // the whole of Oberfranken and Mittelfranken; // France: // Dombes, // // the whole of the Brenne/Sologne area.
TITLE V
General provisions
Article 9
1. The representative wholesale markets and ports mentioned in Articles 11 (2), 15 (3) and 17 (5) of the basic Regulation shall be those listed in Annex I hereto for the products indicated.
2. The average market price shall be the average price at the stage of first sale, weighted by the quantities marketed, no account being taken of any quantities withdrawn.
Article 10
1. All notifications referred to in this Regulation shall be transmitted to the Commission by telex, fax or direct data-processing link in the form set out in Annexes II to XIII.
2. Save as otherwise provided, communications to the Commission shall be made by the following dates:
- monthly communications shall be transmitted before the 15th day of the following month,
- six-monthly communications shall be transmitted before 1 September, for the first half year, and before 1 March of the following year, for the second half.
Article 11
1. Regulations (EEC) No 3598/83 and (EEC) No 3599/83 are hereby repealed.
2. Article 2 (1) and (2) of Regulation (EEC) No 1985/74, Article 4 of Regulation (EEC) No 1501/83, Article 15 (2) of Regulation (EEC) No 3321/82, Article 18 (2) of Regulation (EEC) No 314/86 and Article 14 (1) and (2) of Regulation (EEC) No 2415/89 are hereby repealed.
Article 12
This Regulation shall enter into force on 1 January 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 April 1990.