1983L0515 — EN — 01.01.1986 — 001.001 — 1
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►B COUNCILDIRECTIVE
of4October1983
concerningcertain measurestoadjustcapacityinthefisheries setcor
(83/515/EEC)
(OJ L 290, 22.10.1983, p. 15)
Amended by:
Official Journal
No page date
►M1Council Directive 85/590/EEC of 20 December 1985 L 372 49 31.12.1985
Amended by:
►A1Act of Accession of Spain and Portugal L 302 23 15.11.1985
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COUNCILDIRECTIVE
of4October1983
concerning certain measures to adjust capacity in the fisheries
setcor
(83/515/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the the European Parliament(1),
Whereas recent changes in the law of the sea and the consequent estab-
lishment of 200-mile offshore economic zones have modified thesituation confronting the fishing industry;
Whereas the precarious state of the stocks of some species in the
Community fishing zones has led the Council to regulate fishing forthese species and to fix allowable catch limits;
Whereas the Community fishing fleet has had to adjust to the new
fishing conditions; whereas this adjustment must continue;
Whereas it is important for the Community, in the interests of fish-
ermen and consumers, to retain, during the period in which threatened
stocks are being reconstituted, Member States' production capacity at
the level needed for optimal exploitation of the reconstituted stocks ata later date;
Whereas the diversity of the socio-structural problems calls for separate
solutions for eachone in order to h elp maintain optimum productivecapacity in each region and help develop the market; whereas the bestresults can be obtained if on the basis of Community concepts andcriteria the Member States introduce specific measures of social adjust-ment, taking the form of a financial aid, by way of national laws,
regulations and adminsitrative provisions;
Whereas the maintenance of the production capacity required in the
medium term may be promoted by measures designed to secure a
temporary reduction in the fishing activities of vessels which are liable
to become unprofitable because of the catch restrictions; whereas aidshould be given, in the form of laying-up premiums, to fishermenwho undertake to withdraw their vessels from operation and to recog-nized producers' organizations which draw up plans for reducing theamount of fishing done by their members;
Whereas the maintenance of productive capacity does not obviate the
necessity of permanently reducing the capacity of fishing fleets, thetechnical characteristics of which make it difficult to adapt them to
the types of fishing anticipated in the medium term within in and
outside the fishing zones of the Member States; whereas such reductionin capacity can be encouraged by means of a cessation premium;whereas the granting of this premium should be conditional on thevessel's first being struck off the register of fishing vessels so as toensure that it is not again used for fishing in the waters of any Member
Sate;
Whereas, in view of the benefit to the Community of these measures, it
is appropriate that the Community should contribute to their cost;
whereas it must be able to ascertain that the provisions adopted by the
Member States for their application are commensurate with the objec-tives to be attained; whereas, for this purpose, there should be aprocedure whereby close cooperation is maintained between theMember States and the Commission through the Standing Committeefor the Fishing Industry;1983L0515 — EN — 01.01.1986 — 001.001 — 2
(1) OJ No C 6, 6. 1. 1978, p. 120.
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Whereas this measure is of a specific character and may not therefore
be treated as a common measure provided for in the EAGGF, GuidanceSection,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. In order to assist, in the fisheries sector, the adjustment of the
production capacity of fleets to the new catch possibilities, the Member
States may, subject to the conditions laid down by this Directive, intro-
duce a system of financial aid for measures relating to the temporary orpermanent reduction of production capacity.
2. Subject to the conditions laid down by this Directive, the
Community shall contribute to the expenditure incurred by the MemberStates under paragraph1.
Article 2
The financial aid referred to in Article 1 may be granted to producers,
whether natural or legal persons, operating one or more vessels flyingthe flag of one of the Member States, registered in the territory of theCommunity, the characteristics of which are specifically defined in the
appropriate provisions of this Directive.
Article 3
1. The measures for the temporary reduction of production capacity
referred to in Article 1 shall be carried out by means of the temporary
laying-up of vessels the, length of which between perpendiculars is 18metres or more and which were commissioned after 1 January 1958.
2. The financial aid referred to in Article 1 consists of the granting
to beneficiaries by the Member States and within the framework of theDecision referred to in Article 7 of a daily laying-up premium. Thispremium shall be:
— fixed on the basis of the supplementary days laid-up in comparison
to the average recorded or assessed on a flat rate by category ofvessel of the days laid-up in the three calendar years preceding thefirst application for the grant of the premium,
— calculated on the basis of a maximum of 12 % of the purchase cost
or of the insured value of the vessel in question for an averageannual period of fishing of 250 days.
3. The aid shall only be granted:
— to vessels which have engaged in fishing or replacing a vessel
having engaged in fishing for a period of at least 120 days duringthe calendar year preceding the first application for the grant ofsucha premium,
— for periods laid-up of at least:
(i) 45 days per year for vessels covered by the laying-up plans set
out in Article 4 (1) (a),
(ii) 45 consecutive days per year for vessels covered by the under-
taking set out in Article 4 (1) (b).
4. Where the premium is assessed on a flat rate by category of
vessel, the average referred to in paragraph 2 may in no case be less
than 115 days.
Article 4
1. The laying-up premium referred to in Article 3 (2) shall be
granted subject to:
(a)in the case of recognized producer organizations1983L0515 — EN — 01.01.1986 — 001.001 — 3
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the drawing up of plans for the laying-up of the vessels owned by
their members in order to reduce fishing activity. Laying-up plansr:nust include the following:
— the name and technical specifications of the vessels concerned,
— the laying-up programme for each vessel,
— the home port or ports during periods of temporary laying-up;
(b)in the case of other recipients
a written undertaking by the recipient that the fishing activity of
one or more vessels owned by him will be suspended for a givenperiod and that any change of home port while the vessel or vesselsconcered are laid up will be notified.
2. Member States may pay the premium, entirely or in part, taking
account of the laying-up plans or undertakings given and of the averagenumber of days laid-up recorded during the preceding three calendar
years, as soon as the vessel in question has completed a minimum
laying-up period suchas provided for in th e second indent of Article3 (3). Any premiums still payable for laying-up periods completed inexcess of each period of 45 days shall not be granted until the end ofthe year.
Article 5
1. The measures to reduce production capacity permanently; referred
to in Article 1, concern vessels the length of which between perpendi-culars is 12 metres or more. They shall be effected by means of:
— scrapping,
— the definitive transfer to a third country, or
— the assignment of vessels to purposes other than fishing in Commu-
nity waters.
2. The financial aid referred to in Article II shall consist of the grant
by Member States to the owner of a final cessation premium, fixed ona flat-rate basis per gross registered ton, in the context of the Decisionreferred to in Article 7 and after the issue of the certificate witnessing
that the vessel has been struck off the register of fishing vessels.
3. The final cessation premium shall be granted in respect only of
vessels which have engaged in fishing for at least 100 days during thecalendar year preceding the application for the premium.
4. All Member States shall take the necessary measures to ensure
that vessels for which final cessation premiums have been paid arepermanently barred from fishing in Community waters.
5. Member States shall forward a list of vessels for which the
premium referred to in paragraph 2 has been granted to the Commis-sion. This list shall be published in the Official Journal of the
European Communities .
Article 6
1. For each of the measures referred to in Article 1, the Member
States shall submit to the Commission:
— a forward plan of the measures proposed,
— a forecast of estimated annual expenditure,
— drafts of any laws, regulations or administrative provisions which
they propose to adopt in implementation of this Directive, and
— the provisions enabling this Directive to be applied which predate
its entry into effect.
2. When communicating to the Commission the information listed in
paragraph 1, the Member States shall make clear the connectionbetween the measure in question and the objectives of the other struc-tural measures existing or anticipated in the fisheries sector.1983L0515 — EN — 01.01.1986 — 001.001 — 4
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Article 7
1. Once it has received the information provided for in Article 6, the
Commission shall determine whether, on the basis of its conformitywith this Directive and account being taken of the other structural rnea-sures existing or anticipated in the fisheries sector, the measurescontemplated fulfil the conditions for financial contributions from theCommunity. Within two months of such communication, a decision
on the matter shall be taken in accordance with the procedure laid
down in Article 13.
2. The Member States shall communicate to the Commission the
laws, regulations and administrative provisions adopted following the
decision referred to in paragraph1 as soon as th ey are adopted.
Article 8
The Community's financial contribution to the aids granted by the
Member States under the conditions imposed by this Directive shallbe subject to a decision taken in accordance withArticle 7 (1) on th e
national provisions governing them.
Article 9
1. Subject to the conditions set out in the following paragraphs, the
Member States' expenditure resulting from the grant of the aid referred
to in Article 1 shall be eligible for Community reimbursement.
2. Only the Member States' expenditure resulting from aid for which
the decision to grant it was taken within three years of the date of entryinto effect of this Directive shall be eligible.
3. The eligibility of expenditure resulting from the aid referred to in
Article 5 shall be restricted to 650 ECU per gross registered ton.
4. Within the limits of the appropriations entered in the budget for
that purpose the Community shall reimburse 50 % of the Member
States' eligible expenditure.
The total estimated cost charged to the Community's budget is esti-
mated at:
— 60 million ECU for the financial aid referred to in Article 3,
— 46 million ECU for the financial aid referred to in Article 5.
5. Any detailed arrangements for the application of this Article shall
be adopted in accordance withth e procedure referred to in Article 13.
Article 10
1. Applications for reimbursement shall relate to expenditure
incurred over a calendar year by the Member States and shall be
submitted to the Commission before 1 June of the following year.
2. The Commission shall take a decision on these applications, all at
once or on several occasions, after consulting the Standing Committeefor the Fishing Industry.
3. Advances may be granted by the Commission.
4. Detailed rules for the application of paragraphs 1 and 3 shall be
adopted in accordance withth e procedure laid down in Article 13.1983L0515 — EN — 01.01.1986 — 001.001 — 5
▼M1
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Article 11
Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April
1970 on the financing of the common agricultural policy(1), as last
amended by Regulation (EEC) No 3509/80(2), shall apply mutatis
mutandis to operations financed under is his Directive.
Article 12
Articles 92, 93 and 94 of the Treaty shall apply, in the field covered by
this Directive, to national aid other than that provided for in Articles 3and 5.
Article 13
1. Where the procedure referred to in this Article is to be followed
the chairman of the Standing Committee for the Fishing Industry (here-inafter referred to as ‘the Committee’) shall refer the matter to theCommittee either on his own initiative or at the request of the represen-
tative of a Member State.
2. The representative of the Commission shall submit a draft of the
measures to be taken. The Committee shall deliver its opinion on suchmeasures within a time limit to be set by the chairman according to theurgency of the questions under consideration. An opinion shall beadopted by a majority of ►
M154◄votes, the votes of Member
States being weighted in accordance with Article 148 (2) of the Treaty.
The chairman shall not vote.
3. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with theopinion of the Committee they shall forthwith be communicated bythe Commission to the Council. In that event the Commission maydefer application of the measures which it has adopted for not more
than one month from the date of such communication. The Council,
acting by a qualified majority, may take a different decision withinone month.
Article 14
By way of derogation from Article 2 of Regulation (EEC) No 1223/
83(
3), the amount mentioned in Article 9 (3) of this Directive shall be
converted into national currencies at the representative rates in force on1 January of the year during which the premium mentioned in Article 5(2) of this Directive is granted.
Article 15
Member States which introduce the system of financial aid provided
for in Article 1 must do so within six months of notification of this
Directive(
4).
Article 16
This Directive is addressed to the Member States.1983L0515 — EN — 01.01.1986 — 001.001 — 6
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 367, 31. 12. 1980, p. 87.
(3) OJ No L 132, 21. 5. 1983, p. 33.
(4) This Directive was notified to the Member States.