Financial compensation must be clearly disallowed on fish on which carryover aid provided for in Article 23 of Regulation (EC) No 104/2000 has been granted.

The amount of such financial compensation should be reduced by standard values in the case of products intended for purposes other than human consumption.

Regulation (EC) No 104/2000 provides for financial compensation to be paid to producer organisations which withdraw on certain conditions, the products listed in Annex I(A) and (B) to that Regulation.

The financial contribution referred to in Article 7 of the Agreement shall be fixed at EUR 1262500 per year, comprising EUR 378750 financial compensation and EUR 883750 for the measures referred to in Article 3 of this Protocol.

Applications for payment of the financial compensation shall be submitted by producer organisations to the competent authorities of the Member State four months after the end of the fishing year concerned at the latest.

The granting of financial compensation should extend to fish put up for sale and withdrawn by producer organisations or their members in other Member States.

When it is decided that ATHENA shall retain equipment acquired for an operation, the contributing Member States may ask for financial compensation from the other participating Member States.

The standard value to be deducted from financial compensation and associated advances shall be that applied in the Member State in which the producer organisation is recognised.

The Member State must ensure that the principles of transparency, non-discrimination and proportionality are respected in establishing the compensation fund and when fixing the level of the financial contributions.

On application by the producer organisation concerned, Member States shall grant each month an advance on the financial compensation on condition that the applicant has lodged a security equal to 105 % of the amount of the advance.

Each Member State should introduce a control system for verifying that the figures given in applications for financial compensation correspond to the quantities actually put up for sale and withdrawn.

In order to give maximum encouragement to action to stabilise the market, producer organisations not observing the Community withdrawal price throughout the fishing year should be debarred from receiving financial compensation.

Commission Regulation (EC) No 2509/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting financial compensation for withdrawals of certain fishery products

if there is an enquiry from another Participant about a transaction, the Participant which intends to support the transaction should use its best endeavours to clarify the financial terms and mechanisms, including the compensatory measure;

Notwithstanding the quotas under paragraph 2 the Community may fish up to the reference quantities laid down in Annex I. This shall be without further financial compensation than laid down in Article 11.

Finally, a compensation fund can be established in order to ensure that the universal service is safeguarded in case the universal service obligations create an unfair financial burden for the universal service providers.

The review of the fisheries agreements and the renegotiation thereof with a view to bringing the financial compensation into line with the Agreement with the European Community or to terminating them must be finalised by 16 June 2004.

The granting of financial compensation on eligible quantities should therefore be made conditional on compliance with the standards for all quantities of the product in question put up for sale by the producer organisation or its members throughout the fishing year.

Pursuant to Article 7 of Commission Regulation (EC) No 2509/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards financial compensation for withdrawals of certain fishery products(3), special rules provide that, where a producer organisation or one of its members puts its products up for sale in a Member State other than the country in which it is recognised, that body responsible for granting the financial compensation must be informed.

The buying-in price referred to in paragraph 2 and detailed rules for the application of this Article, in particular the arrangements for storage aid, financial compensation and the buying-in and sale of products by storage agencies shall be adopted in accordance with the procedure laid down in Article 29.

Commission Regulation (EC) No 430/2004 of 4 March 2004 fixing the standard values to be used in calculating the financial compensation and the advance pertaining thereto in respect of fishery products withdrawn from the market during the 2004 fishing year

"close-out netting provision" means a provision of a financial collateral arrangement, or of an arrangement of which a financial collateral arrangement forms part, or, in the absence of any such provision, any statutory rule by which, on the occurrence of an enforcement event, whether through the operation of netting or set-off or otherwise:

The quantities of products eligible for financial compensation under Article 21(3)(a) of Regulation (EC) No 104/2000 shall be calculated on the basis of quantities that are classified under the marketing standards set out in accordance with Article 2 of that Regulation as being of "Extra" and "A" quality only.

the production costs and financial situation of firms are not subject to significant distortions carried over from the former non-market economy system, in particular in relation to depreciation of assets, other write-offs, barter trade and payment via compensation of debts,

It is appropriate to provide for a report to be submitted on the implementation of the operational programme at the end of the fishing year to enable the producer organisation to assess the effectiveness of its programme and to enable the national authorities to establish whether the financial compensation should be granted.

These limits on fishing opportunities may be raised if Community shipowners are prepared to contribute to the improvement of Angola's fisheries industry, in which case the two parties, meeting as a Joint Committee, will decide jointly on the additional fishing opportunities and the financial compensation.

Whereas the Member States should have the option of making the grant of licences subject to universal service obligations or contributions to a compensation fund intended to compensate the universal service provider for the provision of services representing an unfair financial burden;

The aim of this meeting was to analyse all aspects of the implementation of the Protocol establishing the fishing opportunities and the financial compensation provided for in the Fisheries Agreement for the period from 16 June 2001 to 15 June 2006(3) and of the Decision 2001/179/EC(4) so as to determine any amendments or additions to be made.

For the 2004 fishing year, the standard values to be used in calculating financial compensation and associated advances for fishery products withdrawn from the market by producer organisations and intended for purposes other than human consumption, as referred to in Article 21(5) of Regulation (EC) No 104/2000 are set out in the Annex to this Regulation.

Regulation (EC) No 104/2000, which replaced Council Regulation (EEC) No 3759/92(2), as last amended by Regulation (EC) No 2792/1999(3), with effect from 1 January 2001, provides that Member States are to grant financial compensation to producer organisations which withdraw certain products from the market.

This Regulation establishes the penalties for irregularities to Articles 21, 23, 24, 25 and 27 of Regulation (EC) No 104/2000 setting out the intervention mechanisms of financial compensation for withdrawals, carry-over aid, independent withdrawals and carry-over, private storage aid and the tuna compensatory allowance (hereinafter referred to as "the intervention mechanisms").

The grant of financial compensation for quantities eligible pursuant to paragraph 1 shall be subject to the condition that, for the product or group of products concerned, all the quantities put up for sale by the producer organisation or its members during the fishing year must have been classified previously in accordance with the marketing standards set out in accordance with Article 2 of Regulation (EC) No 104/2000.

After the trial period of fishing for pelagic species and on the basis of the results achieved and the scientific opinions available, the two parties will, within the framework of the Joint Committee and following a meeting of the Joint Scientific Group referred to in Article 6, decide on the fishing opportunities for pelagic species for the remaining years of this Protocol and the financial compensation payable in return for those opportunities.

With a view to obtaining for the Community a satisfactory level of fishing possibilities in the fishing zone of Dominica, the Community shall, in the event there is an imbalance in catch possibilities, grant to the Government of Dominica financial compensation as set out in the annexed Protocol to this Agreement in order to establish the mutually satisfactory balance provided for in Article 4.

in the form of an Exchange of Letters concerning the provisional application of amendments to the Protocol establishing the fishing opportunities and the compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006, and in Decision 2001/179/EEC setting the terms for financial support to Guinea-Bissau in the fisheries sector

Commission Regulation (EC) No 1925/2000 of 11 September 2000 establishing the operative events for the exchange rates to be applied when calculating certain amounts provided for by the mechanisms of Council Regulation (EC) No 104/2000 on the common organisation of the market in fishery and aquaculture products(8) fixes the operative event for the exchange rate to be applied to the calculation of financial compensation.

The Agreement in the form of an Exchange of Letters concerning the provisional application of amendments to the Protocol establishing the fishing opportunities and the compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006, and in Decision 2001/179/EC setting the terms for financial support to Guinea-Bissau in the fisheries sector is hereby approved on behalf of the Community.

If a producer organisation or one of its members puts up for sale its products in a Member State other than that in which it is recognised, the competent authority of the first Member State shall issue, on application and without delay, to the organisation in question or its member, a certificate the contents of which shall be in accordance with the specimen set out in Annex II, and shall transmit at the same time, through official channels, a copy of this to the body responsible for granting the financial compensation in the other Member State.

Council Regulation (EC) No 829/2004 of 26 April 2004 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of amendments to the Protocol establishing the fishing opportunities and the compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006, and in Decision 2001/179/EC setting the terms for financial support to Guinea-Bissau in the fisheries sector

This measure comes under heading 2 "Structural operations", subheading "Structural Funds", of the financial perspective and supplements the compensatory amounts earmarked in this context since January 2000.