# EUR-Lex - 52007AP0158 - EN

Important legal notice

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# 52007AP0158

**European Parliament legislative resolution of 26 April 2007 on the proposal for a Council regulation introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands, and the French departments of Guiana and Réunion from 2007 to 2013 (COM(2006)0740 - C6-0505/2006 - 2006/0247(CNS)) **

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Official Journal 074 E , 20/03/2008 P. 0735 - 0741 *

P6_TA(2007)0158

Compensation for certain fishery products *

European Parliament legislative resolution of 26 April 2007 on the proposal for a Council regulation introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands, and the French departments of Guiana and Réunion from 2007 to 2013 (COM(2006)0740 — C6-0505/2006 — 2006/0247(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2006)0740) [1],

- having regard to Articles 37 and 299(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0505/2006),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets and the Committee on Regional Development (A6-0083/2007);

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and the Commission.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Title

Proposal for a Council regulation introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands, and the French departments of Guiana and Réunion from 2007 to 2013 | Proposal for a Council regulation introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands, and the French departments of Guiana and Réunion, as a result of those regions' remoteness (This amendment applies throughout the text.) |

Amendment 2

Recital -1 (new)

| (-1) The outermost regions have fragile economies, with permanent structural constraints on their development and few possibilities for economic diversification, in which the fisheries sector and ancient fishing communities play an important role in maintaining economic activity and employment, upstream and downstream, and in promoting economic and social cohesion. |

Amendment 3

Recital -1a (new)

| (-1a) The specific features and existing sectoral differences of the outermost regions should be taken into account, given that these regions each have their own particular needs. |

Amendment 4

Recital -1b (new)

| (-1b) The increase which the marked rise in oil prices has brought about, especially since 2003, in transport and other related costs should be taken into account, since its end effect is to add still further to the additional costs arising from remoteness. |

Amendment 5

Recital 1

(1) The fisheries sector in the outermost regions of the Community is facing difficulties, and in particular additional costs incurred in the marketing of certain fishery products due to the particular handicaps recognised by Article 299(2) of the Treaty, and resulting mainly from the transport costs to continental Europe. | (1) The fisheries sector in the outermost regions of the Community is facing difficulties, and in particular additional costs relating to the production and marketing of certain fishery products due to the particular handicaps recognised by Article 299(2) of the Treaty, and resulting namely from the transport costs to continental Europe. |

Amendment 6

Recital 5

(5) Member States should set the compensation amount at a level which allows appropriate off-setting of additional costs, arising from the specific handicaps of the outermost regions and in particular from the costs of transporting the products to the European mainland. To avoid overcompensation, the amount should be proportional to the additional costs the aid off-sets and in no case exceed a determined share of the transport and other related costs to the European continent. To this end, it should also take into account other types of public intervention having an impact on the level of additional costs. | (5) Member States should set the compensation amount at a level which allows appropriate off-setting of additional costs, arising from the specific handicaps of the outermost regions, and namely from the costs of transporting the products to the European mainland. To avoid overcompensation, the amount should be proportional to the additional costs the aid off-sets. To this end, it should also take into account other types of public intervention having an impact on the level of additional costs. |

Amendment 7

Recital 5a (new)

| (5a) Due account should be taken of the socio-economic importance to the outermost regions of small-scale inshore fishing and non-industrial fishing and of the need to create the conditions required for their development. |

Amendment 8

Recital 5b (new)

| (5b) It should be permissible to obtain supplies on the Community market, without exceeding existing production capacity, when catches by the outermost regions' fishing fleets are insufficient to supply the local fish-processing industry. |

Amendment 9

Recital 6

(6) In order to achieve properly the objectives of this Regulation and to guarantee the compliance with the Common Fisheries Policy, support should be limited to fishery products harvested and processed in accordance with its rules. | (6) In order to achieve properly the objectives of this Regulation and to guarantee compliance with the Common Fisheries Policy, support should be granted to fishery products harvested and processed in accordance with its rules, and to other raw materials used in fish processing. |

Amendment 10

Recital 7a (new)

| (7a) A derogation may be granted from the Commission's consistent policy of not authorising State operating aid for the production, processing and marketing of fishery products listed in the Treaty in order to mitigate the specific constraints on fishing in the outermost regions as a result of their remoteness, insularity, small size, topography and climate and their economic dependence on a few products. |

Amendment 11

Recital 9

(9) To enable a decision to be taken on whether to continue the compensation scheme after 2013 the Commission should submit a report to the European Parliament, the European Council and the European Economic and Social Committee based on an independent evaluation in due time before the end of the scheme. | (9) To enable the compensation scheme to be revised, taking into account the real progress made in attaining the objectives of this Regulation, the Commission should, by 31 December 2011, submit a report to the European Parliament, the European Council and the European Economic and Social Committee based on an independent evaluation showing the impact of the measures implemented under this Regulation, accompanied, where necessary, by appropriate legislative proposals. |

Amendment 12

Article 1, introductory part

This Regulation introduces a scheme for the period 2007 to 2013 to provide compensation for the additional costs incurred by the operators set out in Article 3 in the marketing of certain fishery products from the following regions as a result of those regions' specific handicaps (hereinafter referred to as "the compensation"): | This Regulation introduces a scheme to provide compensation for the additional costs incurred by the operators set out in Article 3 in the marketing of certain fishery products from the following outermost regions as a result of those regions' specific handicaps and remoteness (hereinafter referred to as "the compensation"): |

Amendment 13

Article 3, paragraph 1, introductory part

1. The compensation shall be paid to the following operators who incur additional costs in the marketing of fishery products: | 1. The compensation shall be paid to the following operators who incur additional costs in the marketing of fishery products in the regions referred to in Article 1 as a result of those regions' remoteness: |

Amendment 14

Article 3, paragraph 1, point (c)

(c)the operators in the processing and marketing sector or associations of such operators, who incur additional costs in marketing the products concerned. | (c)the operators in the processing and marketing sector or associations of such operators, who incur additional costs in producing, processing and marketing the products concerned. |

Amendment 15

Article 4, paragraph 3, point (ca) (new)

| (ca) Monitoring. |

Amendment 16

Article 4, paragraph 4, point (b)

(b)caught by Community fishing vessels that are not registered in a port of one of the regions referred to in Article 1, | (b)caught by Community fishing vessels that are not registered in a port of one of the regions referred to in Article 1, except where use is to be made of fish caught by Community vessels in cases where catches in the regions referred to in Article 1 are insufficient to supply those regions' processing industries, |

Amendment 17

Article 4a (new)

| Article 4a Other eligible products Compensation may also be granted for products used in processing fishery products, provided that it does not overlap with Community aid for those products. |

Amendment 18

Article 5, paragraph 2, point (a)

(a)for each fishery product the additional costs resulting from the specific handicaps of the regions concerned, in particular the expenditure for the transport to the European continent, | (a)for each fishery product, the additional costs resulting from the specific handicaps of the regions concerned, namely the expenditure for transport to the European continent or between neighbouring regions referred to in Article 1, |

Amendment 19

Article 5, paragraph 2, point (b)

(b)any other type of public intervention affecting the level of additional costs. | (b)for each fishery product, the additional costs arising from geographical fragmentation incurred in transport within each of the regions referred to in Article 1, |

Amendment 20

Article 5, paragraph 2, point (ba) (new)

| (ba)the category of recipients, giving particular attention to small-scale inshore fishing and non-industrial fishing, |

Amendment 21

Article 5, paragraph 2, point (bb) (new)

| (bb)any other type of public intervention affecting the level of additional costs. |

Amendment 22

Article 5, paragraph 3

3. The compensation to the additional costs shall be proportional to the additional costs it intends to off-set and shall not exceed 75 % of the transport and other related costs to the European continent. | 3. The compensation to the additional costs shall be proportional to the additional costs it intends to off-set and shall cover the cost of transport to the European continent and between regions referred to in Article 1 and other related costs. |

Amendment 23

Article 5, paragraph 4, point (a)

(a) Azores and Madeira: EUR 4283992 | (a) Azores and Madeira: EUR 4855314 |

Amendment 24

Article 5, paragraph 4, point (b)

(b) Canary Islands: EUR 5844076 | (b) Canary Islands: EUR 6623454 |

Amendment 25

Article 5, paragraph 4, point (c)

(c) French Guiana and Réunion: EUR 4868700 | (c) French Guiana and Réunion: EUR 5518000. |

Amendment 26

Article 5, paragraph 4a (new)

| 4a. Each year the amounts referred to in paragraph 4 shall be subject to technical adjustment as provided for in point 16 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management [2]. |

Amendment 27

Article 7, paragraph 1

1. Within four months of the entry into force of this Regulation the Member States concerned shall submit to the Commission the list and quantities referred to in Article 4(1) and the level of compensation referred to in Article 5(1), hereinafter jointly referred to as "the compensation plan". | 1. Within four months of the entry into force of this Regulation the Member States concerned shall submit to the Commission the list and quantities referred to in Article 4(1), the level of compensation referred to in Article 5(1) and a detailed list of measures to be applied to ensure compliance with the provisions of Articles 4(2) to 4(4), hereinafter jointly referred to as "the compensation plan". |

Amendment 28

Article 7, paragraph 4

4. If a Member State makes amendments pursuant to Article 6, it shall submit its amended compensation plan to the Commission and the procedure laid down in paragraph 2 and 3 shall apply mutatis mutandis. | 4. If a Member State makes amendments pursuant to Article 6, it shall submit its amended compensation plan to the Commission. If the Commission fails to react within a period of four weeks after receiving the amended plan, the amended plan shall be deemed to have been approved. |

Amendment 29

Article 7a (new)

| Article 7a Adjustment of amounts An adjustment may be made among regions belonging to the same Member State within the limits of the overall financial framework for this Regulation. |

Amendment 30

Article 7b (new)

| Article 7b State aid 1. For the fishery products to which Articles 87, 88 and 89 of the Treaty apply, the Commission may authorise operating aid in the sectors producing, processing and marketing those products with a view to mitigating the specific constraints on the outermost regions as a result of their special characteristics and conditions. 2. In such cases, the Member States shall notify the Commission of the aid as part of the compensation schemes and it shall be approved by the Commission in accordance with Article 7. Aid thus notified shall be deemed to meet the obligation to provide information laid down in the first sentence of Article 88(3) of the Treaty. |

Amendment 31

Article 8, paragraph 1

1. Each Member State concerned shall draw up an annual report on the implementation of the compensation and submit it to the Commission by 30 April of each year. | 1. Each Member State concerned shall draw up an annual report on the implementation of the compensation and submit it to the Commission by 30 June of each year. |

Amendment 32

Article 8, paragraph 2

2. By 31 December 2011 at the latest, the Commission shall on the basis of an independent evaluation report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of the compensation, accompanied where necessary, by legislative proposals. | 2. By 31 December 2011 at the latest, and thereafter every five years, the Commission shall, on the basis of an independent evaluation, report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of the compensation, accompanied where necessary by legislative proposals. |

Amendment 33

Article 10

Member States shall adopt appropriate provisions to ensure compliance with the requirements set out in this Regulation and the regularity of operations. | Member States shall adopt appropriate provisions to ensure compliance with the requirements set out in this Regulation and the regularity of operations. Provisions on the traceability of fisheries products shall be sufficiently detailed to allow the identification of products that are not eligible for compensation. |

Amendment 34

Article 14, paragraph 2

It shall apply from 1 January 2007until 31 December 2013. | It shall apply as from 1 January 2007. |

[1] Not yet published in OJ.

[2] OJ C 139, 14.6.2006, p. 1.

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