*****
COMMISSION REGULATION (EEC) No 894/87
of 27 March 1987
laying down transitional provisions and detailed rules for the application, as regards measures for the modernization of the fishing fleet, of Council Regulation (EEC) No 4028/86
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), and in particular Articles 10 (2), 34 (4) and 52 thereof,
Whereas the categories of vessel modernization investment eligible for aid must be defined; whereas the Member States must apply certain uniform criteria when assessing project and investment eligibility;
Whereas the modernization of a fishing vessel can be achieved either by adapting structure or by improving its equipment;
Whereas the Community assistance should be an incentive; whereas therefore, Community financial aid may not be granted towards investments on which work has already started;
Whereas certain types of expenditure do not contribute to a structural improvement of the fleet;
Whereas the conditions must be laid down with regard to certain technical amendments to projects after the grant of Community financial aid;
Whereas applications for Community financial aid for modernization operations must include the information the Commission requires for taking a decision on the application; whereas this information must be presented in standard form;
Whereas transitional provisions must be laid down for 1987 applying to modernization projects covered by the provisions of Article 37 (2) of Regulation (EEC) No 4028/86;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Fishing Industry,
HAS ADOPTED THIS REGULATION:
TITLE 1
Eligible investments
Article 1
The categories of investment listed in Annex I shall be eligible for Community financial aid when falling within the scope of measures to modernize the fishing fleet as defined in Title III of Regulation (EEC) No 4028/86.
However, in the decisions specified in Article 35 of the said Regulation, the Commission may grant financial aid for modernization investments other than those referred to in Annex I that meet the requirements of Article 9 (3) of that Regulation.
Article 2
1. No Community aid shall be given for modernization projects falling into any of the categories listed in Annex II.
2. The investments referred to in Annex III shall be ineligible for any Community financial assistance in the framework of a modernization measure.
Article 3
1. Eligible investments shall be expressed net of recoverable value added tax (VAT).
2. No Community aid shall be given for projects where the eligible investment exceeds 50 % of the value of a new vessel of the same type.
3. Member States shall confirm to the Commission that vessels for which application for aid is made possess the necessary equipment for crew safety. They shall notify the relevant national rules to the Commission or state the international conventions or recommendations to which they have referred.
4. In assessing the occupational competence of recipients of aid, the national rules in force in the Member States shall apply. Member States shall notify these rules to the Commission.
Article 4
1. No increase in the anticipated eligible investment amount notified after the final date for submission of aid applications to the Commission shall be taken into account for the calculation of the Community aid.
2. Charges planned in modernization projects for which Community aid has been granted must be referred to and approved by the competent authorities of the Member State before their implementation.
3. The Community aid granted for a modernization project shall be withdrawn if a change falling into any of the categories listed in Annex IV is made.
Article 5
Member States shall communicate to the Commission the laws, regulations and administrative provisions adopted for the modernization of the fishing fleet, and in particular the criteria for the selection of projects and investments.
TITLE II
Applications for aid
Article 6
1. Applications for aid for fleet modernization measures submitted by the Member States to the Commission must be laid out as specified in Annex V and must contain all the information there specified.
2. The applications referred to in paragraph 1 must be submitted to the Commission in duplicate.
Article 7
For the purposes of this Regulation, the date of registration of a modernization project shall be the date of its registration with the authority designated for that purpose by the Member State. Member States shall notify the Commission of the authority thus designated.
TITLE III
General provisions and the transitional measures for 1987
Article 8
1. Member States may include, in aid applications submitted to the Commission not later than 15 May 1987, modernization projects covered by Article 37 (2) of Regulation (EEC) No 4028/86.
2. Article 7 notwithstanding, the date of registration of these projects shall be that of registration with the Commission under Council Regulation (EEC) No 2908/83 (1).
Article 9
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 March 1987.