31. 12. 94 Official Journal of the European Communities No L 350/15 COUNCIL REGULATION (EC) No 3318/94 of 22 December 1994 amending Regulation (EEC) No 3759/92 on the common organization of the market in fishery products and aquaculture THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof, Having regard to the proposal from the Commission *), Having regard to the opinion of the European Parlia- ment (%), Having regard to the opinion of the Economic and Social Committee (°), Whereas the accession of certain new members to the Union will require changes in the rules on the recogni- tion of producers’ organizations and amendments to the list of species eligible under the intervention mechanisms of the common organization of the market; Whereas the producers’ organizations are the pivot on which the common organization of the market turns; whereas, given current adverse market conditions, their role must be strengthened so that they can implement more quickly the measures to regulate supply and stabi- lize prices; whereas for this purpose the validity of any decisions taken by the Member States obliging non-mem- bers of these organizations to comply with their rules must be checked after the event; Whereas, should the market be seriously disturbed, the activities of the producers’ organizations must be supported so that the effectiveness of the measures adopted by theim can be ensured to the greatest possible extent ; whereas, to this end, non-members who trade within the area of activity of a representative producers’ organization must be obliged to comply with the rules adopted by the said organization as regards restricting supply, in so far as provisions are adopted pursuant to Articles 22, 23 and 24 of Regulation (EEC) No 3759/92 (%), and in respect of the products concerned ; whereas in this case the Member States must grant these non-members an indemnity under certain conditions ; () OJ No C 298, 26. 10. 1994, p. 18. (9 Opinion delivered on 15 December 1994 (not yet published in the Official journal). (®) Opinion delivered on 23 November 1994 (not yet published in the Official Journal). () OJ No L 388, 31. 12. 1992, p. 1. Whereas, for various reasons, the average prices of the most important products have suffered an appreciable and lasting fall on the Community market ; whereas this trend has a sngmﬁcant effect on producers’ income ; whereas, while continuing to observe the Community’s interna- tional obligations, measures should accordingly be adopted that can better match supply to the needs of the market so that a fair income for producers can be ensured as far as possible; whereas encouraging the producers’ organizations to improve the quality of their products contributes to the achievement of these aims; whereas specific recognition giving right to financial aid under certain circumstances must be provided for so as to assist _the initiatives of the producers’ oraganizations in this regard ; Whereas, in applying the Community withdrawal or selling prices for the products listed in Annex I, the producers’ organizations may make use of a 10 % margin of tolerance above and below the said prices; whereas, when the said products are being imported, account must be taken when comparing the free-at-frontier price and the reference price of any use by the producers’ organiza- tion of the 10 % tolerance margin below the Community prices ; whereas the use of this lower tolerance margin must not be permitted where imports of the products in question are required to observe the reference price or are subject to a countervailing charge ; Whereas in a turbulent market the producers’ organiza- tions are frequently required to deal with significant with- drawals of certain products, which is likely to adversely affect their liquidity and thus their ability to implement other market support measures ; whereas provision should accordingly be made for special financial compensation, under certain conditions, once significant withdrawals occur over a limited period; Whereas, in the case of the tuna market, the supply re- quirements of the Community industry and the need to protect the income of producers justifies maintaining the tariff status of the products in question and the compen- satory mechanism in accordance with the provisions in force ; whereas, to ensure that production does not develop abnormally, with a consequent deterioration in associated costs, the conditions under which the said mechanism is triggered should be reviewed; whereas, furthermore, in the light of experience, the compensatory allowance scheme should be simplified so as to reduce the length of time required for payment of the allowance " to the producers’ organizations eligible for it,