Explanatory Memorandum to COM(2008)784 - Fixing for the 2009 fishing year of the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000

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52008PC0784

Proposal for a Council Regulation fixing for the 2009 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000 /* COM/2008/0784 final */


[afbeelding - zie origineel document] COMMISSION OF THE EUROPEAN COMMUNITIES

Contents

1.

Brussels, 24.11.2008


COM(2008) 784 final

Proposal for a

COUNCIL REGULATION

fixing for the 2009 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000

(presented by the Commission)

Proposal for a

COUNCIL REGULATION

fixing for the 2009 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products i, and in particular Article 18 i and Article 26 i thereof,

Having regard to the proposal from the Commission,

Whereas:

Article 18 i and Article 26 i of Regulation (EC) No 104/2000 provide that a guide price and a Community producer price should be fixed for each fishing year in order to determine price levels for intervention on the market for certain fisheries products.

Article 18 i of Regulation (EC) No 104/2000 requires the guide price to be fixed for each of the products and groups of products listed in Annexes I and II to that Regulation.

On the basis of the data currently available on the prices for the products concerned and the criteria referred to in Article 18 i of Regulation (EC) No 104/2000, the guide prices should be increased, maintained or reduced for the 2009 fishing year depending on the species.

Article 26 i of Regulation (EC) No 104/2000 requires the Community producer price to be fixed for the products listed in Annex III to that Regulation. It is appropriate to establish the Community producer price for one of those products and calculate the Community producer price for the others by means of the conversion factors established by Commission Regulation (EC) No 802/2006 of 30 May 2006 fixing the conversion factors applicable to fish of the genera Thunnus and Euthynnus i .

On the basis of the criteria laid down in the first and second indent of Article 18 i and in Article 26 i of Regulation (EC) No 104/2000, the Community producer price for the 2009 fishing year should be adjusted,

HAS ADOPTED THIS REGULATION:

2.

Article 1


For the fishing year from 1 January to 31 December 2009, the guide prices as provided for in Article 18 i of Regulation (EC) No 104/2000 shall be as set out in Annex I to this Regulation.

3.

Article 2


For the fishing year from 1 January to 31 December 2009, the Community producer prices as provided for in Article 26 i of Regulation (EC) No 104/2000 shall be as set out in Annex II to this Regulation.

4.

Article 3


This Regulation shall enter into force on 1 January 2009.

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

Done at Brussels,

5.

For the Council


The President

ANNEX I

Annexes Species Products listed in Annexes I and II to Regulation (EC) No 104/ Commercial presentation Guide price (EUR/tonne)

I 1. Herring of the species Clupea harengus Whole fish

6.

2. Sardines of the species Sardina pilchardus Whole fish


7.

3. Dogfish (Squalus acanthias) Whole fish or Gutted fish with head


8.

4. Spotted dogfish (Scyliorhinus spp.) Whole fish or Gutted fish with head


9.

5. Redfish (Sebastes spp.) Whole fish


10.

6. Cod of the species Gadus morhua Whole fish or gutted fish with head


11.

7. Saithe (Pollachius virens) Whole fish or gutted fish with head


12.

8. Haddock (Melanogrammus aeglefinus) Whole fish or gutted fish with head


13.

9. Whiting (Merlangius merlangus) Whole fish or gutted fish with head


14.

10. Ling (Molva spp.) Whole fish or gutted fish with head


15.

11. Mackerel of the species Scomber scombrus Whole fish


16.

12. Mackerel of the species Scomber japonicus Whole fish


17.

13. Anchovy (Engraulis spp.) Whole fish


18.

14. Plaice (Pleuronectes platessa) Whole fish or gutted fish with head from 1.1.2009 to 30.4.


Whole fish or gutted fish with head from 1.5.2009 to 31.12.

19.

15. Hake of the species Merluccius merluccius Whole fish or gutted fish with head


20.

16. Megrim (Lepidorhombus spp.) Whole fish or gutted fish with head


21.

17. Dab (Limanda limanda) Whole fish or gutted fish with head


22.

18. Common flounder (Platichthys flesus) Whole fish or gutted fish with head


23.

19. Albacore or longfinned tunas (Thunnus alalunga) Whole fish


Gutted fish with head

24.

20. Cuttlefish (Sepia officinalis and Rossia macrosoma) Whole


25.

21. Monkfish (Lophius spp.) Whole fish or gutted fish with head


Without head

26.

22. Shrimp of the species Crangon crangon Simply boiled in water


27.

23. Northern prawn (Pandalus borealis) Simply boiled in water


Fresh or chilled

28.

24. Edible crab (Cancer pagurus) Whole


29.

25. Norway lobster (Nephrops norvegicus) Whole


Tails

30.

26. Sole (Solea spp.) Whole fish or gutted fish with head


II 1. Greenland halibut (Reinhardtius hippoglossoides) Frozen, in original packages containing the same products

31.

2. Hake of the genus Merluccius spp. Frozen, whole, in original packages containing the same products


Frozen, filleted, in original packages containing the same products

32.

3. Sea bream (Dentex dentex and Pagellus spp.) Frozen, in lots or in original packages containing the same products


33.

4. Swordfish (Xiphias gladius) Frozen, whole, in original packages containing the same products


34.

5. Cuttlefish (Sepia officinalis) (Rossia macrosoma) (Sepiola rondeletti) Frozen, in original packages containing the same products


35.

6. Octopus (Octopus spp.) Frozen, in original packages containing the same products


36.

7. Squid (Loligo spp.) Frozen, in original packages containing the same products


37.

8. Squid (Ommastrephes sagittatus) Frozen, in original packages containing the same products


38.

9. Illex argentinus Frozen, in original packages containing the same products


39.

10. Prawn of the family Penaeidae - Prawn of the species Parapenaeus longirostris Frozen, in original packages containing the same products


- Other species of the family Penaeidae Frozen, in original packages containing the same products

ANNEX II

Species Products listed in Annex III to Regulation (EC) No 104/ Weight Commercial specifications Community producer price (EUR/tonne)

Yellowfin tuna (Thunnus albacares) weighing more than 10 kg each Whole

Gilled and gutted

Other

weighing not more than 10 kg each Whole

Gilled and gutted

Other

Albacore (Thunnus alalunga) weighing more than 10 kg each Whole

Gilled and gutted

Other

weighing not more than 10 kg each Whole

Gilled and gutted

Other

Skipjack (Katsuwonus pelamis) Whole

Gilled and gutted

Other

Bluefin tuna (Thunnus thynnus) Whole

Gilled and gutted

Other

Other species of the genera Thunnus and Euthynnus Whole

Gilled and gutted

Other

LEGISLATIVE FINANCIAL STATEMENT

1. NAME OF THE PROPOSAL:

40.

Proposal for a Council Regulation fixing for the 2009 fishing year the guide prices and Community producer prices for certain fishery products pursuant to Regulation (EC) No 104/2000


41.

2. ABM / ABB FRAMEWORK


Policy Area(s) concerned and associated Activity/Activities:

42.

Policy Area 11: Fisheries and Maritime Affairs


Activity ABB 11 02: Fisheries markets

43.

3. BUDGET LINES


3.1. Budget lines (operational lines and related technical and administrative assistance lines (ex- B.A lines)) including headings:

11 02 01 01: Interventions in fishery products:

Indicative breakdown:

- Operational programmes: 1.230 EUR million i

- Community withdrawals: 3.000 EUR million

- Independent withdrawals and carry-over: 2.200 EUR million

- Private storage aid: 1.000 EUR million

- Compensatory allowance for tuna: 1.700 EUR million

- Community carry-over: 5.000 EUR million

- Technical assistance: 0.150 EUR million

- Studies: 0.220 EUR million3

3.2. Duration of the action and of the financial impact:

Measures restricted to the 2009 fishing year (16.10.2008 – 15.10.2009)

Since this is a price-fixing exercise, the impact on expenditure is indirect. The expenditure in question will largely depend on developments in the market situation and on quantities landed.

3.3. Budgetary characteristics ( add rows if necessary ):

44.

Budget line Type of expenditure New EFTA contribution Contributions from applicant countries Heading in financial perspective


11 02 Comp/ Non-comp Diff i/ Non-diff i YES/ NO YES/NO YES/NO

45.

4. SUMMARY OF RESOURCES


46.

4.1. Financial Resources


47.

4.1.1. Summary of commitment appropriations (CA) and payment appropriations (PA)


EUR million (to 3 decimal places)

Expenditure type Section no. Year n + n + n + n + n + 5 and later Total

Operational expenditure i

Commitment Appropriations (CA) 8. a 13. 13.

Payment Appropriations (PA) b 13. 13.

Administrative expenditure within reference amount i

Technical & administrative assistance (NDA) 8.2. c - - - - - - -

48.

TOTAL REFERENCE AMOUNT


Appropriations a+c 13. 13.

Administrative expenditure not included in reference amount i

Human resources and associated expenditure (NDA) 8.2. d 0. 0.

Administrative costs, other than human resources and associated costs, not included in reference amount (NDA) 8.2. e 0. 0.

49.

Total indicative financial cost of intervention


TOTAL CA including cost of Human Resources a+c+d+e 13. - - - - - 13.

TOTAL PA including cost of Human Resources b+c+d+e 13. - - - - - 13.

50.

Co-financing details


If the proposal involves co-financing by Member States, or other bodies (please specify which), an estimate of the level of this co-financing should be indicated in the table below (additional lines may be added if different bodies are foreseen for the provision of the co-financing):

51.

EUR million (to 3 decimal places)


Co-financing body Year n + n + n + n + n + 5 and later Total

52.

No co-financing through Member States or other bodies f - - - - - - -


TOTAL CA including co-financing a+c+d+e+f - - - - - - -

53.

4.1.2. Compatibility with Financial Programming


Proposal is compatible with existing financial programming.

Proposal will entail reprogramming of the relevant heading in the financial perspective.

Proposal may require application of the provisions of the Interinstitutional Agreement i (i.e. flexibility instrument or revision of the financial perspective).

54.

4.1.3. Financial impact on Revenue


Proposal has no financial implications on revenue

Proposal has financial impact – the effect on revenue is as follows:

NB: All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.

55.

EUR million (to one decimal place)


Prior to action [Year n-1] Situation following action

56.

Total number of human resources - - - - -


57.

5. CHARACTERISTICS AND OBJECTIVES


58.

5.1. Need to be met in the short or long term


The interventions concerning fishery products are carried out under the Common Fisheries Policy (CFP) in accordance with Article 34 of the Treaty. They aim at providing stability to the Community markets by preventing possible risks of crisis. In this context, appropriate price and supply policies are of utmost importance. The interest of the production and marketing chain and the need to strengthen the competitiveness of the sector in a context of globalisation must be taken into account. The objective of market stability together with the support to producers’ income can essentially be achieved through the different mechanisms of intervention on the markets, e.g. withdrawals, carry-over, compensatory allowance. The interest of the consumers must also be considered.

59.

5.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy


The question of subsidiarity is not relevant to this proposal since Community intervention falls within the exclusive competence of the Community. The added value of Community intervention is directly related to the underlying arguments of the existence of a common organisation of the markets in fishery and aquaculture products.

60.

5.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework


This proposal aims at the fixation of guide prices and Community producer price by the Council in accordance with Articles 18 and 26 of Council Regulation (EC) No 104/2000. The guide prices provide the basis for the subsequent fixing, by way of Commission Regulations, of the different parameters needed for the operation of the intervention mechanisms for the fishing year concerned. Similarly, the Community producer price forms the basis of the granting of the compensatory allowance for tuna which might be triggered depending on the development of prices on the world markets.

In order to ensure the proper functioning of the common organisation of the markets in 200 9, all regulations should be adopted before the end of 2008.

61.

5.4. Method of Implementation (indicative)


Show below the method(s) i chosen for the implementation of the action.

62.

Centralised Management


Directly by the Commission

Indirectly by delegation to:

63.

Executive Agencies


Bodies set up by the Communities as referred to in art. 185 of the Financial Regulation

National public-sector bodies/bodies with public-service mission

Shared or decentralised management

With Member states

With Third countries

Joint management with international organisations (please specify)

Relevant comments:

As of 16 October 2006, the measures financed under the budget heading 11.02.01 are implemented in a centralised manner pursuant to Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy. Furthermore, the management of data notified by the Member States in accordance with Commission Regulation (EC) No 80/2001 is the sole responsibility of the Commission.

64.

6. MONITORING AND EVALUATION


65.

6.1. Monitoring system


The monitoring of the envisaged measures is ensured through the collection and the analysis of data notified by the Member States by way of the FIDES system in accordance with Commission Regulation (EC) No 80/2001.

66.

6.2. Evaluation


67.

6.2.1. Ex-ante evaluation


Considering the specific nature of the proposal, namely the annual fixation of certain Community prices within the framework of the current common organisation of the markets for fishery and aquaculture products, an ex-ante evaluation as defined in Article 21 i of Commission Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of the Financial Regulation is not required. Nevertheless, the Commission proposal is based on regular monitoring of interventions in previous fishing years and thorough analysis of the market situation for the relevant products.

68.

6.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)


Not relevant since the intervention measures for fishery products have not yet been subject to intermediary or ex-post evaluation.

69.

6.2.3. Terms and frequency of future evaluation


While a report on the implementation of the Common Market Organisation has been submitted pursuant to Article 41 of Council Regulation (EC) No 104/2000 (see COM(2006) 558 final and accompanying document SEC(2006) 1218), an overall evaluation of the different mechanisms foreseen in the Common Market Organisation in its current version is being conducted in accordance with the Financial Regulation.

70.

7. ANTI-FRAUD MEASURES


The anti-fraud measures are in conformity with the provisions laid down in Regulation (CE) No 104/2000 and, in particular, with the provisions laid down in Regulation (EEC) No 595/91 concerning irregularities and the recovery of sums wrongly paid.

71.

8. DETAILS OF RESOURCES


72.

8.1. Objectives of the proposal in terms of their financial cost


Commitment appropriations in EUR million (to 3 decimal places)

73.

8.2.2. Description of tasks deriving from the action


Financial management of expenditure, follow-up and ex-post controls.

74.

8.2.3. Sources of human resources (statutory)


(When more than one source is stated, please indicate the number of posts originating from each of the sources)

Posts currently allocated to the management of the programme to be replaced or extended

Posts pre-allocated within the APS/PDB exercise for year 2009

Posts to be requested in the next APS/PDB procedure

Posts to be redeployed using existing resources within the managing service (internal redeployment)

Posts required for year n although not foreseen in the APS/PDB exercise of the year in question

8.2.4. Other Administrative expenditure included in reference amount (XX 01 04/05 – Expenditure on administrative management)

75.

EUR million (to 3 decimal places)


Budget line (number and heading) Year Year n+ Year n+ Year n+ Year n+ Year n+5 and later TOTAL

76.

Other technical and administrative assistance


- intra muros

- extra muros

Total Technical and administrative assistance

77.

8.2.5. Financial cost of human resources and associated costs not included in the reference amount


EUR million (to 3 decimal places)

Type of human resources Year Year n+ Year n+ Year n+ Year n+ Year n+5 and later

Officials and temporary staff (XX 01 01) 0.

78.

Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line)


Total cost of Human Resources and associated costs (NOT in reference amount)

Calculation– Officials and Temporary agents

79.

Reference should be made to Point 8.2.1, if applicable


2 AST x 0.122 EUR million = 0.244 EUR million

.

Calculation– Staff financed under art. XX 01 02

80.

Reference should be made to Point 8.2.1, if applicable


81.

8.2.6. Other administrative expenditure not included in reference amount


EUR million (to 3 decimal places)

XX 01 02 11 02 – Meetings & Conferences

XX 01 02 11 03 – Committees i 0.

XX 01 02 11 04 – Studies & consultations

82.

XX 01 02 11 05 - Information systems


83.

2 Total Other Management Expenditure (XX 01 02 11)


84.

3 Other expenditure of an administrative nature (specify including reference to budget line)


Total Administrative expenditure, other than human resources and associated costs (NOT included in reference amount) 0.

Calculation - Other administrative expenditure not included in reference amount