# CE2004084EN.01077201.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/772 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/772

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(2004/C 84 E/0868)

WRITTEN QUESTION E-0326/04

by Willi Piecyk (PSE) to the Commission

(10 February 2004)

Subject:   Subsidies for new fishing nets

Subject:

| 1. | For how long has the use of so-called Bacoma nets, for the protection of Baltic cod stocks, been a legal requirement for fishermen from EU Member States? |
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1.

For how long has the use of so-called Bacoma nets, for the protection of Baltic cod stocks, been a legal requirement for fishermen from EU Member States?

| 2. | Is it possible for the European Union to grant financial subsidies to facilitate the acquisition of these nets? |
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2.

Is it possible for the European Union to grant financial subsidies to facilitate the acquisition of these nets?

Answer given by Mr Fischler on behalf of the Commission

(9 March 2004)

(9 March 2004)

| 1. | Bacoma (1) fishing trawls were introduced as alternative gear in the total allowable catches (TAC) and quota Regulation for 2002 (2). The technical specifications of these trawls were amended in 2003 by Regulation (EC) No l754/2003 (3) amending the 2003 TAC and quota Regulation (4), which also made the use of Bacoma trawls mandatory when fishing for cod in the Baltic Sea. |
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1.

Bacoma (1) fishing trawls were introduced as alternative gear in the total allowable catches (TAC) and quota Regulation for 2002 (2). The technical specifications of these trawls were amended in 2003 by Regulation (EC) No l754/2003 (3) amending the 2003 TAC and quota Regulation (4), which also made the use of Bacoma trawls mandatory when fishing for cod in the Baltic Sea.

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| 2. | According to Article 9, paragraph 1, section (c) of Council Regulation (EC) No 2792/1999 (5): ‘Public aid for the equipment of fishing vessels, including for the use of more selective fishing techniques [...] may be granted ...’. However, the very last paragraph of point 1,4 of annex III specifies that ‘ ... the replacement of fishing gear shall not be considered eligible expenditure’. Furthermore, point 1,4 (b)(i) of annexe III of this same Regulation specifies that ‘investments should related to [...] the rationalisation of fishing operations by the use of more selective or low impact fishing technologies and methods on board in order to avoid undesirable by catches, other than those provided for in Community law ...’. Given that the use of Bacoma trawls has been made mandatory by Community law in Baltic Sea waters, investments for such gear to be used in Baltic waters is no longer eligible for this type of support. |
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2.

According to Article 9, paragraph 1, section (c) of Council Regulation (EC) No 2792/1999 (5): ‘Public aid for the equipment of fishing vessels, including for the use of more selective fishing techniques [...] may be granted ...’. However, the very last paragraph of point 1,4 of annex III specifies that ‘ ... the replacement of fishing gear shall not be considered eligible expenditure’. Furthermore, point 1,4 (b)(i) of annexe III of this same Regulation specifies that ‘investments should related to [...] the rationalisation of fishing operations by the use of more selective or low impact fishing technologies and methods on board in order to avoid undesirable by catches, other than those provided for in Community law ...’. Given that the use of Bacoma trawls has been made mandatory by Community law in Baltic Sea waters, investments for such gear to be used in Baltic waters is no longer eligible for this type of support.

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| 3. | Compensation for loss of productivity following the adoption of the Bacoma trawl may be granted to affected vessels, according to Article 16 paragraph 2 of Regulation (EC) No 2792/1999 dealing with ‘Temporary cessation of activities and other financial compensations’ which specifies that ‘The Member States may grant financial compensation to fishermen and owners of vessels where a Council Decision imposes technical restrictions of the use of certain gear or fishing methods; this aid is intended to cover the technical adjustment and may not be paid for more than six months’. For such compensation to be offered for the maximum period of six months specified above, to the vessels which have had to adopt the Bacoma trawl, evidence would have to be provided to the responsible management authority on the magnitude and duration of the loss of productivity incurred. |
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3.

Compensation for loss of productivity following the adoption of the Bacoma trawl may be granted to affected vessels, according to Article 16 paragraph 2 of Regulation (EC) No 2792/1999 dealing with ‘Temporary cessation of activities and other financial compensations’ which specifies that ‘The Member States may grant financial compensation to fishermen and owners of vessels where a Council Decision imposes technical restrictions of the use of certain gear or fishing methods; this aid is intended to cover the technical adjustment and may not be paid for more than six months’. For such compensation to be offered for the maximum period of six months specified above, to the vessels which have had to adopt the Bacoma trawl, evidence would have to be provided to the responsible management authority on the magnitude and duration of the loss of productivity incurred.

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(1)  Bacoma is a three-year research project that is partly funded by the EC.

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(2)  Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required, OJ L 347, 31.12.2001.

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(3)  Council Regulation (EC) No 1754/2003 of 22 September 2003 amending for the third time Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required, OJ L 252, 4.10.2003.

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(4)  Council Regulation (EC) No 2341/2002 of 20 December 2002, OJ L 356, 31.12.2002.

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(5)  Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector, OJ L 337, 30.12.1999 as last amended by Council Regulation (EC) No 2369/2002 of 20 December 2002, OJ L 358, 31.12.2002.

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