1989D0631 — EN — 14.12.1995 — 003.001 — 1
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►B COUNCIL DECISION
of 27 November 1989
on a Community financial contribution towards expenditure incurred by Member States for the
purpose of ensuring compliance with the Community system for the conservation and management
of fishery resources
(89/631/EEC)
(OJ L 364, 14.12.1989, p. 64)
Amended by:
Official Journal
Nopage date
►M1Council Decision 92/393/EEC of 20 July 1992 L 213 35 29.7.1992
►M2Council Decision 94/207/EC of 12 April 1994 L 101 9 20.4.1994
►M3Council Decision ►C195/528/EC ◄of 5 December 1995 L 301 35 14.12.1995
Corrected by:
►C1Corrigendum, OJ L 302, 15.12.1995, p. 45 (95/528)
1989D0631 — EN — 14.12.1995 — 003.001 — 2
▼B
COUNCIL DECISION
of 27 November 1989
on a Community financial contribution towards expenditure
incurred by Member States for the purpose of ensuring compliancewith the Community system for the conservation and management
of fishery resources
(89/631/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the common fisheries policy, which guarantees the long-term
existence of fishery stocks and thus employment in this sector, canachieve its objectives only if its rules are complied with absolutely andthus if enforcement is effective;
Whereas the Member States, in ensuring compliance with the conserva-
tion and control rules of the common fisheries policy within theirfishery zones and on their territory, are carrying out an obligation ofCommunity interest;
Whereas for some Member States the scale of the enforcement task is
unrelated to budgetary capacity or relative prosperity and may in certaincases constitute a disproportionate burden;
Whereas it is therefore appropriate to provide for a contribution by the
Community towards certain enforcement expenditure incurred bycertain of those Member States;
Whereas the total Community contribution should remain within the
limits of a budgetary provision of ECU 22 million per annum over aninitial period of five years and the corresponding financial resourceswill be entered as annual appropriations in the general budget of theEuropean Communities;
Whereas any such contribution should be conditional on the attainment,
by the Member States which are beneficiaries, of a satisfactory standardof enforcement both at sea and on land,
HAS ADOPTED THIS DECISION:
Article 1
1. The Community shall, under the conditions laid down in the
Annex, contribute to the financing of the expenditure incurred byMember States in enforcing the Community arrangements for theconservation and management of fishery resources.
(1) OJ NoC 152, 20. 6. 1989, p. 5.
(2) OJ NoC 120, 16. 5. 1989, p. 235.
(3) OJ NoC 139, 5. 6. 1989, p. 36.
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▼M1
Pending the adoption of Community rules for the conservation andmanagement of fishery resources applicable to Mediterranean waters,the Community shall contribute under the same conditions as those setout in this Decision to the financing of the expenditure incurred by theMember States concerned to ensure compliance with the rules applic-able. Member States which wish to benefit from this contribution shallnotify such rules to the Commission and justify their merits.
▼
B
2. The Community contribution shall relate to eligible expenditureincurred by Member States from 1 January 1991 to 31 December 1995.
3. For any Member States in any year, the Community contribution
shall not be lower than 35 % or higher than 50 % of the eligibleexpenditure.
4. The Community may grant advances up to a maximum of 50 % of
its contribution.
5. The Council, acting in accordance with the procedure laid down in
Article 43 of the Treaty and on the basis of a Commission report on theapplication of this Decision, shall decide before 30 June 1995 on theprovisions for Community participation which might apply from 1January 1996.
Article 2
1. Member States wishing to benefit from the Community contribu-
tion to the financing of expenditure shall forward to the Commission, onthe first occasion before 30 June 1990 and subsequently before 30 Juneof each year, a schedule containing the information specified in para-graph 2 of the Annex.
2. The Commission shall decide, on the first occasion before 31
December 1990 and subsequently before 31 December of each year, inaccordance with the procedure laid down in Article 14 of CouncilRegulation (EEC) No 170/83 of 25 January 1983 establishing aCommunity system for the conservation and management of fisheryresources(
1), as amended by the 1985 Act of Accession, on the
Community contribution, the eligibility of planned expenditure and anyconditions to which the contribution may be subject.
3. The European Parliament and the Council shall be informed by the
Commission, by 31 March of the year following the latter’s decision, ofthe actions undertaken in accordance with this Decision and the impro-vementsnoted in the supervision of fishing activities by the MemberStates.
▼
M2
Article 2a
1. However, the Community shall, by way of an exception, meet 100
% of the eligible expenditure incurred by Member States for thepurpose of implementing pilot projects as referred to in Article 3 ofCouncil Regulation (EEC) No 2847/93 of 12 October 1993 establishinga system of control applicable to the common fisheries policy (
2) which
relate to the use of position-logging systems using satellites and/orautomatic data recorders.
2. The eligible expenditure of the Member States shall relate to the
funding of the implementation of pilot projects within the meaning ofparagraph 1 in the period 1 June 1994 to ►
M331 December 1995 ◄
under the conditions set out in Annex A.
(1) OJ NoL 24, 27. 1. 1983, p. 1.
(2) OJ NoL 261, 20. 10. 1993, p. 1.
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▼M2
Article 2b
1. Member States wishing to benefit from a Community contribution
tothe financing o f their expenditure pursuant toArticle 2a shall fo rwardto the Commission, before 15 April 1994, a schedule containing theinformation specified in paragraph 2 of Annex A.
2. The Commission shall decide, before 15 June 1994, in accordance
with the procedure laid down in Article 18 of Council Regulation (EEC)No 3760/92 of 20 December 1992 establishing a Community system forfisheries and aquaculture(
1), on the Community contribution to the
expenditure incurred in 1994 and 1995 pursuant toArticle 2a, theeligibility of expenditure and any conditions to which the contributionmay be subject.
▼
B
Article 3
This Decision is addressed to the Member States.
(1) OJ NoL 389, 31. 12. 1992, p. 1.
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▼B
ANNEX
1. The eligible expenditure of Member States may relate to the acquisition or
modernization of:
— vessels, aircraft and land vehicles employed in the monitoring and super-
vision of fishing activities, including their equipment,
— systems for the detection and recording of fishing activities (including
equipment installed on fishing vessels),
— systems (including land—based systems) for recording and transmitting
catch data and other relevant information.
2. The schedule referred toin Article 2 (1) shall state the expenditure falling
under paragraph 1 envisaged for the following years. It shall specify inparticular:
— the technical features and cost of the equipment and the method of
payment envisaged,
— the timetable for the expenditure envisaged,— the use planned for the equipment, including the date of entry into service,— in the case of vessels or aircraft or equipment to be installed on vessels or
aircraft, the proposed programme of operations for the monitoring andsupervision of fishing activities by such vessels or aircraft.
Member States shall give a precise account of their present organization,
activities, problems and achievements in the field of fisheries enforcement atsea and on land and explain how the expenditure envisaged will improveperformance.
To this end, the Member States shall set specific objectives in accordance
with their own priorities.
3. The Commission shall consider each Member State’s application by reference
to the following criteria in particular:
— in the case of expenditure on the purchase of vessels, aircraft or land
vehicles, the amount of time which they will devote to fisheries enforce-ment,
— the approximate relative size of the enforcement burden of the Member
State on land and at sea, having regard in particular to the volume offishing activity in its fishery zone, the extent of the latter, the nember andthe volume of landings in its ports, the length of its coastline, the numberof its fishing ports and the geographical distribution of the activities of itsfleet,
— the use made by a Member State of any financial contribution granted
under this Decision in any previous year,
— the improvement in the Member State’s performance in fisheries enforce-
ment at sea and on land in the period preceding the application and theimprovement likely to result from the expenditure envisaged.
4. In considering a Member State’s enforcement performance the Commission
shall have regard to the following considerations in particular:
— the prevention, discovery and pursuit of infringements against the conser-
vation and control rules,
— the presence in national legislation and the application in practice of
penalties that are commensurate with the seriousness of infringements andeffectively discourage further infringements of the same kind,
— the reliability of the catch figures forwarded by the Member State to the
Commission and the Member State’s ability to prevent the ovefishing ofits quotas,
— the amount and the effectiveness of the human and material resources
devoted by the Member State concerned to fisheries enforcement,
— the diversity of the fishing activity in the fishery zone of the said State,— the degree of cooperation in fisheries enforcement between that Member
State and other Member States and the Commission,
— in appropriate cases, that Member State’s contribution to fisheries
enforcement in areas governed by international conventions to which theCommunity is a Contracting Party and the scale and effectiveness of thisenforcement.
5. Member States shall submit their applications for reimbursement before 30
April of the year following that in which the expenditure was incurred.
The reimbursement of expenditure and the payment of advances shall be
made only if the provisions of the directives coordinating procedures for theaward of public works and supply contracts have been complied with, in thesense that the certificates for payment must make reference to the notices onthe award of public contracts, published in the Official Journal of the Euro-
pean Communities . In case of non-publication of the notices in the Official
1989D0631 — EN — 14.12.1995 — 003.001 — 6
▼B
Journal of the European Communities , the beneficiary shall certify that the
public contracts have been awarded in conformity with Community legisla-tion.
The Commission may request any information which it considers necessary
for judging whether Community legislation on public contracts has beenrespected.
6. Member States shall supply the Commission with any information which it
may request for the performance of its duties under this Decision.
Should the Commission consider that monitoring and supervision facilities
partly financed by the Community under this Decision are not being used forthe intended purpose or in accordance with the conditions defined under thisDecision, it shall inform the Member State concerned accordingly. TheMember State shall then conduct an administrative inquiry in which Commis-sion officials may participate. The Member State shall inform the Commis-sion of the progress and results of the inquiry and provide the Commissionwith a copy of the report of the inquiry and the principal data used in thepreparation of the report.
The Commission may carry out checks on the fulfilment of their duties under
this Decision by the Member States, which shall provide assistance to thestaff appointed by the Commission for this purpose.
The provisions of this paragraph shall be without prejudice to Article 12 of
Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certaincontrol measures for fishing activities (
1), as amended by Regulation (EEC)
No3483/88 (2).
(1) OJ NoL 207, 29. 7. 1987, p. 1.
(2) OJ NoL 306, 11. 11. 1988, p. 2.
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▼M2
ANNEX A
Funding conditions referred to in Article 2a
1. The eligible expenditure of Member States referred to in Article 2a (1) and
(2) relates tothe funding o f:
— pilot projects involving a system of position-monitoring using satellites,— pilot projects involving a system of position-logging using automatic data
recorders.
2. The schedule referred toin Article 2b (1), shall list the expenditure referred to
at 1, it shall specify in particular:
(a) a list of the vessels and their technical specifications to be equipped as
part of the pilot projects referred to at 1;
(b) the technical specifications of the equipment:
— to installed on vessels participating in a pilot project,— designed for the recording at a land-based centre and in computer-
readable form of information transmitted or collected by fishingvessels in whatever waters they are operating or whatever port theyare in,
— designed to enable the flag Member State, under the cooperation
arrangements between Member States and the Commission, tocommunicate information about its vessels immediately and automati-cally to the competent authorities of the Member States in whosewaters these vessels are operating;
(c) in the context of applying a system of automatic recording of a vessel’s
position, the assurances given by the Member State as to the introductionof a procedure for collecting catch data and storing them centrally oncomputer;
(d) the cost of the equipment and the method of payment envisaged;
(e) the operational costs associated with the implementation of the approved
pilot projects;
(f) the timetable for the planned expenditure.
3. The Commission shall consider each Member State’s application by reference
to the following criteria in particular:
— the number of vessels,— complementary pilot projects which concentrate on fishing fleets the
activities of which are subject to fishing restrictions,
— pilot projects involving large vessels.
4. Member States shall submit their applications for reimbursement before
►
M330 April 1996 ◄.
The reimbursement of expenditure and the payment of advances shall take
place only where the provisions of the Directives coordinating procedures forthe award of public works and supply contracts have been complied with, inthe sense that certificates of payment must make reference to the notices ofthe award of public contracts as published in the Official Journal of the
European Communities . Where notices have not been published in the Offi-
cial Journal of the European Communities, the beneficiary shall certify that
the public contracts have been awarded in conformity with Community legis-lation.
The Commission may request any information which it considers necessary
for judging whether Community legislation on public contracts has beencomplied with.
5. Member States shall supply the Commission with any information which it
may request for the performance of its duties under this Decision.
Each Member State shall, by 31 August 1995 at the latest, supply the
Commission with a report evaluating the implementation of the pilot projector projects financed by the Community pursuant to this Decision.
This paragraph shall apply without prejudice to Article 29 of Council Regula-
tion (EEC) No 2847/93 of 12 October 1993 establishing a control systemapplicable to the common fisheries policy.