"producer" means physical or legal persons using means of production to produce fishery products with a view to first-stage marketing of them, "fishery products" covers both products caught at sea or in inland waters and the products of aquaculture listed below. CN code Description of goods (a) 0301 Live fish 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304 0303 Fish, frozen excluding fish fillets and other fish meat of heading No 0304 0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen (b) 0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption (c) 0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of fish, fit for human consumption 0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption (d) Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: — Other: — — Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3: 05119110 — — — Fish waste 05119190 — — — Other (e) 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs (f) 1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved (g) Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: — Uncooked pasta, not stuffed or otherwise prepared: 190220 — Stuffed pasta, whether or not cooked or otherwise prepared: 19022010 — — Containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates (h) Flours, meals and pellets, of meat or of meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: 23012000 — Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates
Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products
Modified by
- Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 12003T, September 23, 2003
- Council Regulation (EC) No 1759/2006of 28 November 2006amending Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products, 32006R1759, December 1, 2006
(a) the commercial designation of the species; (b) the production method (caught at sea or in inland waters or farmed); (c) the catch area.
(a) set up on the own initiative of a group of producers of one or more of the products referred to in Article 1(a), (b) and (c) in so far, in the case of frozen, treated or processed products, as the operations in question have been carried out on board fishing vessels; (b) established for the purpose, in particular, of ensuring that fishing is carried out along rational lines and that conditions for the sale of their members' products are improved, by taking such measures as will: 1. encourage the planning of production and its adjustment to demand, in terms of both quantity, in particular by implementing catch plans; 2. promote the concentration of supply; 3. stabilise prices; 4. encourage fishing methods which support sustainable fishing;
(c) the rules of association of which require its producer members, in particular: 1. to apply to fishing, production and marketing the rules adopted by it; 2. where the Member State concerned has decided that some or all of its catch quota or quotas and/or application of fishing effort measures are to be managed by producer organisations, to apply the measures adopted by the organisation to that end; 3. to ensure that any one vessel belongs to only one producer organisation for any given product or group of products; 4. to dispose of their total output of the products in respect of which they are members through the producer organisation; the organisation may, however, decide that this requirement can be waived if products are disposed of in accordance with common rules it has established in advance; 5. to provide the information requested by the producer organisation to determine the measures referred to in paragraph 1(b) or fulfil statutory obligations, or for statistical purposes; 6. to pay the financial contributions provided for in the rules of association for the establishment and replenishment of the intervention fund under Article 17(3); 7. to remain members of the organisation for at least three years after its recognition and notify the organisation at least one year in advance if they wish to leave;
(d) the rules of association of which provide for: 1. procedures for determining, adopting and amending the rules referred to in point (c)(1); 2. the exclusion of all forms of discrimination among members, particularly on grounds of nationality or place of establishment; 3. the levying on members of the financial contributions needed to finance the producer organisation; 4. rules enabling the producer members to scrutinise their organisation and its decisions democratically; 5. penalties for infringement of obligations under the rules of association, particularly non-payment of financial contributions, and of the rules laid down by the producer organisation; 6. rules on the admission of new members; 7. the accounting and budgetary rules necessary for the operation of the organisation, including the keeping of separate accounts for the activities for which recognition is granted;
(e) which has been recognised by the Member State concerned under paragraph 2.
(a) they meet the requirements laid down in paragraph 1 and provide the relevant evidence, including proof that they have a minimum number of producer members or cover a minimum volume of marketable production; (b) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness; (c) they have the necessary legal status under national legislation.
(a) decide whether to grant recognition within three months of the submission of an application with all relevant supporting documents; (b) carry out checks at regular intervals to ascertain that producer organisations comply with the terms and conditions for recognition; recognition of a producer organisation may be withdrawn if the conditions set out in Article 5 are no longer fulfilled or if recognition is based on wrong information; if the organisation obtains or benefits from recognition by fraudulent means, recognition shall immediately be withdrawn retroactively; (c) notify the Commission, within two months, of any decision to grant, refuse or withdraw recognition.
(a) production and marketing rules introduced by the organisation to attain the objectives set out in Article 5(1)(b); (b) rules adopted by the organisation on market withdrawal and carry-over for the fresh and chilled products referred to in points (a) and (c) of the second indent of the second paragraph of Article 1.
shall confirm that the rules notified may be made obligatory, or by reasoned decision, shall declare the extension of the rules decided by the Member State null and void, on the basis of one of the circumstances referred to in paragraph 4(a) and (b). In this case, the Commission decision shall apply from the date on which the request to suspend the rules was sent to the Member State.
(a) if it finds that the extension in question jeopardises free trade, or that the objectives of Article 33 of the Treaty are thereby endangered; (b) if it finds that Article 81(1) of the Treaty applies to the rule which it has been decided to extend to other producers.
cannot be marketed under Article 7(1)(a), or have been withdrawn from the market under Article 7(1)(b).
the withdrawal price fixed under Article 20 for the products listed in Annex I, Parts A and B, or the selling price fixed under Article 22 for the products listed in Annex I, Part C.
(a) the marketing strategy to be followed by the organisation to match the quantity and quality of supply to market requirements; (b) a catch plan for species in Annexes I and IV, in particular for species covered by catch quotas, in so far as such species represent a significant share of the landings of its members; a production plan for species in Annex V;
(c) special anticipatory measures to adjust the supply of species which habitually present marketing difficulties during the fishing year; (d) penalties applicable to members who infringe the decisions adopted to implement such plans.
(a) where a producer organisation has failed to draw up an operational programme for the fishing year in accordance with paragraph 1, it shall not receive any of the financial assistance granted for intervention operations carried out under Title IV for the fishing year concerned; (b) where a producer organisation has not implemented the measures provided for in its operational programme, then, for the fishing year concerned, only 75 % of the financial assistance shall be granted for intervention operations carried out under Title IV for the first instance of non-implementation, only 50 % of the above financial assistance shall be granted for the second instance, and none of the above financial assistance shall be granted after any further instance.
(a) for Annex I and IV species, an amount in proportion to the number of member vessels, calculated degressively in accordance with the method set out in Annex VIIA, and a flat-rate amount of EUR 500 per species covered by Article 9(1)(b), first indent, up to 10 species in all; (b) for Annex V species, an amount in proportion to the level of representativity of the producer organisations calculated in accordance with the method set out in Annex VIIB. The level of representativity shall be calculated according to the percentage of production disposed of through the producer organisations in a production area which is deemed sufficiently large by the Member State concerned on the basis of criteria established for the purpose of recognition by the Member State.
a substantial improvement in the quality of products while held on board vessels or while being farmed, optimal maintenance of quality during, as appropriate, catching, unloading, extraction, handling, transport and marketing of the products, the application of appropriate techniques and know-how to attain the above objectives, a description of the planned measures, including preparatory studies, training and investments.
(a) they have been established at the initiative of all or some of the organisations or associations which constitute them; (b) they represent a significant share of the production of and trade in and/or processing of fishery products and products processed from fishery products in the region or regions in question and, where more than one region is involved, they can demonstrate a minimum level of representativeness in each region for each of the branches that they cover; (c) they are not themselves engaged in activities relating to the production, processing or marketing of fishery products or products processed from fishery products; (d) they carry out two or more of the following measures in one or more regions of the Community, under conditions that are compatible with Community rules, particularly as regards competition, taking account of the interest of consumers, and provided they do not hinder the sound operation of the market organisation: improving knowledge of and the transparency of production and the market, helping to coordinate better the way fishery products are placed on he market, in particular by means of research and market studies, study and develop techniques to optimise the operation of the market, including information and communication technology, drawing up standard contracts which are compatible with Community rules, providing the information and carrying out the research needed to channel production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and exploitation methods which contribute to the sustainability of resources, developing methods and instruments and organising training schemes to improve product quality, exploiting the potential of, and protecting, designations of origin, quality seals and geographical designations, laying down rules on the catching and marketing of fishery products which are stricter than Community or national rules, exploiting more fully the potential of fishery products, promoting fishery products.
(a) decide whether to grant recognition within three months of the submission of an application with all relevant supporting documents; (b) carry out checks at regular intervals to ascertain that interbranch organisations comply with the terms and conditions for recognition; (c) withdraw recognition if: (i) the terms and conditions for recognition laid down in this Regulation are no longer met; (ii) the interbranch organisation contravenes any of the prohibitions imposed in Article 14 or damages the sound operation of the market organisation, without prejudice to any other penalties otherwise incurred under national law;
(d) notify the Commission, within two months, of any decision to grant, refuse or withdraw recognition.
(a) entail an obligation to apply a fixed price; (b) lead to the partitioning of markets in any form within the Community; (c) apply dissimilar conditions to equivalent transactions with other trading partners, thereby placing them at a competitive disadvantage; (d) eliminate competition in respect of a substantial proportion of the products in question; (e) otherwise restrict competition in ways which are not essential to achieving the goals of the common fisheries policy as pursued by interbranch activity.
(a) must concern one of the following: information about production and the market, stricter production rules than any laid down in Community or national rules, drawing up standard contracts which are compatible with Community rules, rules on marketing;
(b) must have been in force for at least one year; (c) may be made binding for no more than three marketing years; (d) must not cause any harm to other operators established in other regions of the Member State or in other Member States.
(a) it finds that the extension in question will jeopardise free trade, or that the objectives of Article 33 of the Treaty are endangered; or (b) it finds that the agreement, decision or concerted practice which it has been decided to extend to other producers conflicts with the provisions of Article 81(1) of the Treaty; or (c) it finds that the provisions of Article 15 of this Regulation have not been complied with.
shall allow the suspension to be lifted, or by reasoned decision, shall declare the extension of the rules decided by the Member State null and void on the basis of one of the circumstances mentioned above. In this case the Commission decision shall apply from the date on which the request to suspend the rules was sent to the Member State.
shall grant an indemnity to members in respect of the products listed in Annex I, Parts A and B and in Annex IV which conform to the standards adopted in accordance with Article 2, may grant an indemnity to members in respect of the other products referred to in Article 1.
a list of products for which they intend to operate the system described in paragraph 1, the period during which withdrawal prices are applicable, the level of withdrawal prices proposed and applied.
the average of prices recorded for a significant proportion of Community output on wholesale markets or in ports during the three fishing years immediately preceding the year for which the price is fixed, taking into account trends in production and demand.
to stabilise market prices and avoid the formation of surpluses in the Community, to help support producers' incomes, to consider consumers' interests.
(a) the withdrawal price applied by these organisations is the Community withdrawal price fixed in accordance with Article 20, a margin of tolerance extending 10 % below and 10 % above this price being, however, permitted to take account in particular of seasonal fluctuations in market prices; (b) the products withdrawn meet the marketing standards adopted under Article 2 and are of an adequate quality, to be defined in accordance with the procedure provided for in Article 2(3); (c) the withdrawal price referred to at (a) is applied throughout the fishing year for each product category concerned; however, a producer organisation which, as one of the measures referred to in Article 5(1), applies a ban on the catch or sale of certain product categories shall not be required to apply the Community withdrawal price for those categories of products.
(a) the financial compensation shall be equal to: (i) 85 % of the withdrawal price applied by the producers' organisation concerned for quantities withdrawn not exceeding 4 % of the annual quantities of the product concerned put up for sale each year; (ii) for the 2003 fishing year, 55 % of the withdrawal price applied by the producers' organisation concerned for quantities withdrawn which exceed 4 % but do not exceed 10 % for pelagic species and 8 % for other species of the annual quantities of the product concerned put up for sale each year; for the 2001 and 2002 fishing years, it shall be equal to 75 % and 65 % respectively;
(b) no financial compensation shall be granted in respect of quantities withdrawn exceeding 10 % for pelagic species and 8 % for other species of the quantities put up for sale by each producer organisation.
(i) products listed in Annex I, Parts A and B which are withdrawn from the market at the withdrawal price referred to in Article 20; (ii) products listed in Annex I, Part C which have been put up for sale but for which it can be shown that a buyer has not been found at the Community selling price fixed in accordance with Article 22.
(a) have been supplied by a member producer; (b) meet certain quality, size and presentation requirements; (c) are either processed to stabilise them and stored or preserved in accordance with conditions and for a period to be determined.
(a) freezing, salting, drying, marinating, and, where relevant, boiling and pasteurisation;
(b) filleting or cutting-up and, where appropriate, heading, where these operations are accompanied by one of the processes listed in (a).
(a) such organisations set a withdrawal price, hereinafter called an "autonomous withdrawal price", before the beginning of the fishing year; the producer organisations must apply that price throughout the fishing year, a tolerance of 10 % below and 10 % above being allowed; the price may not, however, exceed 80 % of the weighted average price recorded for the product categories in question in the area of activity of the producer organisations concerned during the previous three fishing years; (b) the products withdrawn meet the marketing standards adopted under Article 2 and are of an adequate quality, to be defined in accordance with the procedure provided for in Article 2(3); (c) the indemnity granted to associated producers in respect of the products withdrawn from the market is equal to the autonomous withdrawal price applied by the producer organisations.
(a) apply Article 5(1) to the production and marketing of the products concerned; (b) apply the selling price referred to in paragraph 1, a margin of tolerance extending 10 % below and 10 % above these prices being permitted, however, to take account in particular of seasonal fluctuations in market prices.
(a) the products must have been fished, frozen on board and land in the Community by a member of a producer organisation; (b) the products must be stored for a minimum period and then placed on the Community market again;
to consider the supply conditions for the Community processing industry, to help support producers' incomes, to avoid the formation of surpluses in the Community.
the average selling price recorded on the Community market, and the import price referred to in Article 29(3)(d),
either the difference between the triggering threshold and the average selling price of the product in question on the Community market, or a flat-rate amount equivalent to 12 % of this threshold.
the ceiling laid down in paragraph 2 for the quantities of the product in question which are disposed of in accordance with paragraph 1 and which do not exceed the average of the quantities sold and delivered under the same conditions by its members in the equivalent quarter in the three fishing years preceding the quarter for which the allowance is paid, 50 % of the ceiling laid down in paragraph 2 for the quantities of the product in question which exceed the quantities referred to in the first indent and which are equal to the surplus of the quantities resulting from allocating the quantities eligible under paragraph 3 among the producer organisations.
(a) tariff reduction or suspension arrangements, where the rules binding them in the WTO provide for compliance with a reference price, (b) one of the measures referred to in Article 28(1), or (c) arrangements other than those referred to at (a) or (b), which provide for compliance with a reference price and which are in line with the Communitýs international undertakings.
(a) for the products listed in Annex I, Parts A and B, shall be equal to the withdrawal price fixed in accordance with Article 20(1); (b) for the products specified in Annex I, Part C, shall be equal to the Community selling price fixed in accordance with Article 22; (c) for the products specified in Annex II, shall be equal to the Community selling price fixed in accordance with Article 25(1); (d) for other products, shall be fixed, in particular, on the basis of the weighted average of customs values recorded on the import markets or in the ports of import in the Member States during the three years immediately preceding the date on which the reference price is fixed, taking account of the need to ensure that prices reflect the market situation.
they shall regularly carry out checks on the beneficiaries of financial assistance, if it is appropriate to carry out certain checks by sampling, they shall ensure, on the basis of risk analysis, that the frequency of the checks and the methods used are appropriate throughout their territory for the measure being checked and are adequate for the volume of products marketed or held with a view to marketing.
CN code | Description of the goods | |
---|---|---|
1. | Plaice ( | |
2. | Dab ( | |
3. | Megrim ( | |
4. | Flounder ( | |
5. | Albacore or longfinned tunas ( | |
6. | Herring of the species | |
7. | Cod of the species | |
8. | Sardines of the species | |
9. | Haddock ( | |
10. | Coalfish ( | |
11. | Mackrel of the species | |
12. | Dogfish ( | |
13. | Redfish ( | |
14. | Whiting ( | |
15. | Ling ( | |
16. | Anchovies ( | |
17. | Hake of the species | |
18. | Monkfish ( | |
19. | Cuttlefish ( | |
| Shrimps of the species | |
Sole ( | ||
Edible crabs ( | ||
Norway lobsters ( |
CN code | Description of the goods | |
---|---|---|
Lesser or Greenland halibut | ||
| Hake of the genus | |
Sea bream | ||
| Swordfish | |
| Shrimps of the family | |
1. |
| Cuttlefish of the species |
2. |
| Squid |
3. | Squid | |
4. | Octopus ( | |
5. |
Description of the goods | CN code | |
---|---|---|
Fresh or chilled | Frozen | |
| ||
Fresh or chilled products of the following species | CN code | |
---|---|---|
1. | Lemon sole ( | |
2. | Bluefin tunas ( |
|
3. | Pollack ( | |
4. | Ray's bream ( | |
5. | Blue whiting ( | |
6. | Pout ( | |
7. | Bogues ( | |
8. | Picarel ( | |
9. | Conger ( | |
10. | Gurnard ( | |
11. | Horse mackerel ( |
|
12. | Mullet ( | |
13. | Skate ( |
|
14. | Scabbard fish ( | |
15. | Common scallop ( | |
16. | Common whelk ( | |
17. | Striped or red mullet ( | |
18. | Black sea bream ( | |
19. | Sprat ( | |
20. | Dolphin-fish ( |
CN code | Description |
---|---|
| Carp ( |
| Atlantic salmon ( |
| Trout ( |
| Eel ( |
| Gilthead seabream ( |
| Seabass ( |
| Turbot (Psetta maxima) |
| Oysters ( |
Mussels ( | |
Clams ( |
1. The levying of the customs duty for frozen fillets of Alaska pollack ( Theragra chalcogramma ) presented as industrial blocks and intended for processing, falling within CN codeex03042085 , is suspended for an indefinite period.2. The levying of the customs duty for frozen meat of Alaska pollack ( Theragra chalcogramma ) presented as industrial blocks and intended for processing, falling within CN codeex03049061 , is suspended for an indefinite period.3. The customs duty for fish of the species Gadus morhua, Gadus ogac, Gadus macrocephalus andBoreogadus saida , excluding livers and roes, presented fresh, chilled or frozen and intended for processing, falling within CN codes:ex03025010 ex03025090 ex03026935 ex03036011 ex03036019 ex03036090 ex03037941
is reduced to 3 % for an indefinite period. 4. The duty rate for surimi intended for processing, falling within CN code ex03049005 , is reduced to 3,5 % for an indefinite period.5. The duty rate for frozen fillets of blue grenadier ( Macruronus novaezealandiae ) intended for processing, falling within CN codeex03042091 , is reduced to 3,5 % for an indefinite period.6. The duty rate for frozen meat of blue grenadier ( Macruronus novaezealandiae ) intended for processing, falling within CN codeex03049097 , is reduced to 3,5 % for an indefinite period.7. The levying of the customs duty for prawns of the species Pandalus borealis , in shell, fresh, chilled or frozen and intended for processing, falling within CN code:ex03061310 ex03062310
is suspended for an indefinite period. Checks to ensure that the above products are actually processed are carried out in accordance with the relevant Community provisions. Total or partial suspension of the duty on these products shall be permitted where they are to undergo any operation, except where they are to undergo only one or more of the following: cleaning, gutting, tailing, heading, cutting (excluding dicing, filleting, cutting of frozen blocks or splitting of frozen interleaved fillet blocks), sampling, sorting, labelling, packing, chilling, freezing, deep freezing, thawing, separation.
The suspension is not allowed for products intended, in addition, to undergo treatment (or operations) qualifying for suspension where such treatment (or operations) is (are) carried out at retail or catering level. The suspension of customs duties shall apply only to fish intended for human consumption.
(in euro per member vessel) | ||
Member vessels | Annual amount during the first three years | Annual amount during the two subsequent years |
---|---|---|
fromt the 1st to the 50th | ||
fromt the 51st to the 100th | ||
From the 101st to the 500th | ||
fromt the 501st |
(in euro per producer organisation) | ||
Percentage of production disposed of through a producer organisation within a specified production area | Annual amount during the first three years | Annual amount during the two subsequent years |
---|---|---|
up to and including 50 % | ||
between 50 % and 75 % | ||
over and including 75 % |
Regulation (EEC) No 3759/92 | This Regulation |
---|---|
Article 1 | Article 1 |
Article 2 | Article 2 |
Article 3 | Article 3 |
Article 4 | Article 5 |
Article 4a | Article 6 |
Article 5 | Article 7 |
Article 5a | — |
Article 6 | Article 8 |
Article 7 | — |
Article 7a | Article 12 |
Article 7b | — |
Article 8 | Article 17 |
Article 9 | Article 18 |
Article 10 | Article 19 |
Article 11 | Article 20 |
Article 12 | Article 21 |
Article 12a | — |
Article 13 | Article 22 |
Article 14 | Article 23 |
Article 15 | Article 24 |
Article 16 | Article 25 |
Article 17 | Article 26 |
Article 18 | Article 27 |
Article 19 | — |
Article 20 | — |
Article 21 | — |
Article 22 | Article 29 |
Article 23 | Article 29 |
Article 24 | Article 30 |
Article 25 | Article 35 |
Article 26 | Article 33 |
Article 27 | Article 32 |
Article 28 | Article 31 |
Article 29 | — |
Article 30 | Article 34 |
Article 31 | Article 37 |
Article 32 | Article 38 |
Article 33 | Article 39 |
Article 34 | Article 40 |
Article 35 | Article 42 |
Article 36 | Article 43 |
Annex I | Annex I |
Annex II | Annex II |
Annex III | Annex III |
Annex IV | — |
Annex V | — |
Annex VI | Annex IV |
Annex VII | Annex VI |