1999R2792 — EN — 04.02.2002 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B 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, p. 10)
Amended by:
OfficialJournal
No page date
►M1 CouncilRegul ation (EC) No 1451/2001 of 28 June 2001 L 198 9 21.7.2001
►M2 CouncilRegul ation (EC) No 179/2002 of 28 January 2002 L 31 25 1.2.2002
Corrected by:
►C1 Corrigendum, OJ L 2, 5.1.2001, p. 41 (2792/1999)
▼B
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles 36 and 37 thereof,
Having regard to the proposalfrom the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (3),
Whereas:
(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying
down generalprovisions on the StructuralFunds (4) defines the
generalobjectives and tasks of the StructuralFunds and theFinancialInstrument for Fisheries Guidance (‘FIFG’), their
organisation, the assistance methods, the programming and
generalorganisation of the aid provided by the Funds and thegeneralfinancialarrangements;
(2) CouncilRegul ation (EEC) No 3760/92 of 20 December 1992establishing a Community system for fisheries and aquaculture (
5)
lays down the objectives and general rules of the commonfisheries policy; the development of the Community fishing fleetmust in particular be regulated according to the decisions that the
Council is called upon to take by virtue of Article 11; it is for the
Commission to translate these decisions into precise measures atthe level of each Member State; furthermore, Council Regulation(EEC) No 2847/93 of 12 October 1993 establishing a controlsystem applicable to the common fisheries policy (
6)i st ob e
complied with;
(3) CouncilRegul ation (EC) No 1263/1999 of 21 June 1999 on theFinancialInstrument for Fisheries Guidance (
7) defines the
specific purpose of structuralmeasures in the sector, as it is
defined in Article 1 of the said Regulation; under Article 4 thereofthe Councilis to decide, no l ater than 31 December 1999, on theterms and conditions of the contribution of the FIFG to therestructuring of the sector in order to ensure that this restructuring
achieves its intended objectives;
(4) the provisions concerning the programming should be fixed;
(5) the multiannual guidance programmes for the fishing fleets for
the period from 1 January 1997 to 31 December 2001 are to
remain in force untilthey expire; appropriate provisions shoul d be
laid down for the period commencing on 1 January 2002;
(6) the provisions for the monitoring and implementation of themultiannual guidance programmes should be specified, inparticular concerning the mechanism of fleet entries and exitsas well as the framework of public aid for the renewal of the fleet,the modernisation of vessels and the establishment of jointenterprises;1999R2792 — EN — 04.02.2002 — 001.001 — 2
(1) OJ C 16, 21.1.1999, p. 12.
(2) OJ C 279, 1.10.1999, p. 325.
(3) OJ C 209, 22.7.1999, p. 10.
(4) OJ L 161, 26.6.1999, p. 1.
(5) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC)
No 1181/98 (OJ L 164, 9.6.1998, p. 1).
(6) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC)
No 2846/98 (OJ L 358 31.12.1998, p. 5).
(7) OJ L 161, 26.6.1999, p. 54.
▼B
(7) small scale coastal fishing has a special status in terms of the
objectives for fishing effort adjustments; it is important that this
specificity is translated into concrete measures at the level of thisRegulation;
(8) socio-economic accompanying measures will be needed toimplement the restructuring of the fishing fleets;
(9) detailed rules should be fixed for the granting of aid for theprotection and development of the aquatic resources, for
aquaculture, for equipment in fishing ports, for processing, for
marketing, for inland fishing and for the promotion of fisheriesand aquaculture products;
(10) certain measures having a structuralcharacter for the benefit ofproducer organisations currently being implemented underCouncilRegul ation (EEC) No 3759/92 of 17 December 1992
on the common organisation of the market in fishery and
aquaculture products (
1) should be included among the structural
measures, and such inclusion should not jeopardise the regulatoryrole of the producer organisations as defined in Regulation (EEC)No 3759/92; it is also convenient to include other measures of
collective interest undertaken by the professionals;
(11) detailed rules should be fixed for the granting of indemnities and
financialcompensation to fishermen and vesselowners, in casesof temporary cessation of activity or of technicalrestrictionsbeing applied to certain equipment on board or fishing methods;
(12) the programmes are to envisage the means necessary for the
execution of innovative actions and technicalassistance;
(13) achieving a lasting balance between aquatic resources and their
exploitation and environmental impact represent an importantinterest for the fisheries sector; it is as important, therefore, toprovide for appropriate measures to preserve the trophic chain asit is to provide for aquaculture and the fish processing industry;
(14) insofar as such measures are not limited to the granting of
Community aid, it is appropriate in particular to regulate State aid
schemes in this sector, without prejudice to Articles 87 to 89 ofthe Treaty, and to integrate the programming of the restructuringof Community fishing fleets in a coherent manner in the contextof structuralassistance as a whol e;
(15) the measures necessary for implementing this Regulation should
be adopted in accordance with CouncilDecision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise ofimplementing powers conferred on the Commission (
2);
(16) Council Regulation (EC) No 2468/98 of 3 November 1998 layingdown the criteria and arrangements regarding Community
structuralassistance in the fisheries and aquacul ture sector and
the processing and marketing of its products (
3) as well as other
provisions should be repealed; at the same time, for the properexecution of the aid, actions and projects approved up until31December 1999 the repealed provisions should remain applicableto that end,
HAS ADOPTED THIS REGULATION:
Article 1
Objectives
1. This Regulation provides a framework for all structural measures
in the fisheries sector carried out in the territory of a Member State,1999R2792 — EN — 04.02.2002 — 001.001 — 3
(1) OJ L 388, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC)
No 3318/94 (OJ L 350, 31.12.1994, p. 15).
(2) OJ L 184, 17.7.1999, p. 23
(3) OJ L 312, 20.11.1998, p. 19.
▼B
without prejudice to regionalparticul arities with a view to achieving the
objectives set out in Article 1 (1) of Regulation (EC) No 1263/1999 andthe objectives of the common fisheries policy, in particular conservation
and long-term sustainability of resources.
2. Structural policy in this sector aims at guiding and facilitating
restructuring. Restructuring shall comprise actions and measures with alasting effect that contribute to achieving the tasks defined in Article
1(2) of Regulation (EC) No 1263/1999.
Article 2
Means
The FinancialInstrument for Fisheries Guidance, hereafter referred to as
‘FIFG’ may, under the conditions laid down in this Regulation, provide
assistance for the measures defined in Titles II, III and IV within the
fields covered by the common fisheries policy as defined in Article 1 ofRegulation (EEC) No 3760/92.
TITLE I
PROGRAMMING
Article 3
Common provisions
1. Programming, defined in Article 9(a) of Regulation (EC) No 1260/
1999, shall be in accordance with the objectives of the common fisheries
policy and with the provisions of the multiannual guidance programmesfor the fishing fleets referred to in Article 4 of this Regulation. To thisend, it may be revised as necessary and in particular at the end of eachperiod of application of the multiannual guidance programmes.
Programming shall cover all the fields referred to in Titles II, III and IV.
2. Programming of measures part-financed by the FIFG in Objective
1 regions shall be in accordance with Article 2(2), first subparagraph ofRegulation (EC) No 1263/1999.
Programming of measures part-financed by the FIFG outside Objective
1 regions shall be in accordance with Article 2(2), second subparagraphof Regulation (EC) No 1263/1999. Articles 14, 15(2), 15(3), firstsubparagraph, 15(5), 15(6), 15(7), 19(3) and 19(4) of Regulation (EC)No 1260/1999 shall apply.
3. The plans, defined in Article 9(b) of Regulation (EC) No 1260/
1999, shall demonstrate that public aid is necessary with regard to theobjectives pursued, and in particular that without public aid the fishingfleets concerned could not be renewed or modernised and that theplanned measures will not jeopardise the long-term equilibrium offishery resources.
The contents of the plans shall be as set out in Annex I.
4. For the remainder of the programming period not yet covered by a
multiannual guidance programme approved by the Commission, theprogramming information shall be purely indicative; such information
shall be specified when the new multiannual guidance programme is
approved, in accordance with its objectives.
Article 4
Multiannual guidance programmes for fishing fleets
1. The Council, under Article 11 of Regulation (EEC) No 3760/92,
lays down the objectives and measures for restructuring the fisheriessector. On the basis of this Council Decision, the Commission shall,acting in accordance with the procedure laid down in Article 23(2),adopt the multiannual guidance programmes for individual MemberStates.1999R2792 — EN — 04.02.2002 — 001.001 — 4
▼B
2. The Commission Decision referred to in paragraph 1 shall fix, in
particular, a series of objectives accompanied by a set of measures fortheir realisation, enabling management of fishing effort on an overall,
long-term basis.
3. Before ►
M21 May 2002 ◄at the latest, Member States shall
supply the Commission with the information specified in Annex II tothis Regulation, to be used in drawing up subsequent multiannualguidance programmes.
Article 5
Monitoring multiannual guidance programmes
1. For the purpose of monitoring the implementation of multiannual
guidance programmes, Member States shall transmit to the Commission,
before 1 May each year, a document reviewing the progress made withtheir multiannual guidance programme. Within three months of thisdeadline the Commission shall forward an annual report to the EuropeanParliament and the Council on the implementation of multiannualguidance programmes throughout the Community.
2. Member States shall transmit to the Commission information on
the physicalcharacteristics of fishing vessel s and the monitoring offishing effort by fleet segment and by fishery, particularly as regards thedevelopment of capacities and the corresponding fishing activities, inaccordance with the procedures laid down in Commission Regulations(EC) No 2090/98 of 30 September 1998 concerning the fishing vessel
register of the Community (
1) and (EC) No 2091/98 of 30 September
1998 concerning the segmentation of the Community fishing fleet andfishing effort in relation to the multiannual guidance programmes (
2).
3. On its own initiative or at the request of the Member State
concerned, or under provisions laid down in the multiannual guidanceprogrammes, the Commission may re-examine and adapt any multi-
annualguidance programme, whil st respecting the CouncilDecision
mentioned in Article 4(1).
4. The Commission shall decide on the revisions provided for in
paragraph 3 in accordance with the procedure laid down in Article 23(2).
5. For the implementation of this Article, Member States shall apply
the provisions of Article 24 of Regulation (EEC) No 2847/93.
TITLE II
IMPLEMENTATION OF MULTIANNUAL GUIDANCE
PROGRAMMES FOR FISHING FLEETS
Article 6
Fleet renewal and modernisation of fishing vessels
1. Fleet renewal and the modernisation of fishing vessels shall be
organised in accordance with this title.
Each Member State shall submit to the Commission, for approval in
accordance with the procedure laid down in Article 23(2), permanentarrangements for monitoring fleet renewal and modernisation. Within
the framework of these arrangements Member States shall demonstrate
that entries and exits from the fleet will be managed in such a way thatthe capacity does not exceed the annualobjectives fixed in themultiannual guidance programme, overall and for the segmentsconcerned, or where appropriate that fishing capacity is graduallyreduced to attain these objectives.
These arrangements shall, in particular, take into account that capacity,
other than that of vessels of less than 12 metres overall length excludingtrawlers, which has been withdrawn with public aid, cannot be replaced.1999R2792 — EN — 04.02.2002 — 001.001 — 5
(1) OJ L 266, 1.10.1998, p. 27.
(2) OJ L 266, 1.10.1998, p. 36.
▼B
2.►M2In the case of vessels already registered in the Fishing
Vessel Register of the Community of less than 12 metres overall, otherthan trawlers, Member States may submit a request for a clearly
identified and quantified increase in the capacity objectives to improve
safety, navigation at sea, hygiene, product quality and workingconditions, provided that these measures do not result in an increasein the exploitation rate of the resources concerned. ◄
Such a request shall be examined by the Commission and approved in
accordance with the procedure laid down in Article 23(2). Any capacityincrease shall be managed by the Member States under the permanentarrangements referred to in paragraph 1.
Article 7
Adjustment of fishing effort
1. Member States shall take appropriate measures to adjust fishing
effort to achieve the objectives of the multiannual guidance programmesreferred to in Article 4.
Where necessary, this shall be achieved by stopping vessels' fishing
activities permanently or restricting them or a combination of bothmeasures, in accordance with the applicable provisions of Annex III.
2. Measures to stop vessels' fishing activities may be applied only to
vessels 10 years old or more.
3. The permanent cessation of vessels' fishing activities may be
achieved by:
(a) the scrapping of the vessel;
(b) permanent transfer of the vesselto a third country, incl uding in the
framework of a joint enterprise within the meaning of Article 8, afteragreement by the competent authorities of the country concerned,provided all the following criteria are met:
(i) there exist appropriate guarantees that internationall aw is not
likely to be infringed, in particular with respect to the
conservation and management of marine resources or otherobjectives of the common fisheries policy and with respect toworking conditions of fishermen;
(ii) the third country to which the vesselis to be transferred is not a
country which is a candidate for accession;
(iii) the transfer results in a reduction of fishing effort on the
resources previously exploited by the vessel transferred;
however, this criterion shall not apply when the vesseltransferred has lost fishing possibilities under a fisheriesagreement with the Community or under another agreement;
(iv) if the third country to which the vesselis to be transferred is not
a Contracting or Cooperating Party to relevant regional
fisheries organisations, that country has not been identified bysuch organisations as one which permits fishing in a mannerwhich jeopardises the effectiveness of internationalconserva-tion measures. The Commission shall publish a list of the
countries concerned on a regular basis in the C series of the
Official Journal of the European Communities ;
(c) permanent reassignment of the vesselfor purposes other than
fishing.
4. The capacity of vessels, except vessels less than 12 metres overall
length other than trawlers which may be replaced without public aid,that are subject to a measure to stop fishing activities permanentlywithin the meaning of paragraph 2 and 3 may under no circumstances be
replaced.
Member States shall ensure that the fishing licenses of all vessels
withdrawn are cancelled and that the withdrawals of the vessels are1999R2792 — EN — 04.02.2002 — 001.001 — 6
▼M2
▼B
▼B
communicated to the fishing vesselregister of the Community. They
shall also ensure that vessels transferred to third countries and declaredas deleted from the register are permanently excluded from fishing in
Community waters.
5. Public aid for final cessation paid to beneficiaries may not exceed
the following amounts:
(a) scrapping premiums:
(i) vessels of 10 to 15 years old: see Tables 1 and 2 in Annex IV;
(ii) vessels from 16 to 29 years old: the scales in Tables l and 2
decreased by 1,5 % per year over 15;
(iii) vessels of 30 years old or more: the scales in Tables 1 and 2,
less 22,5 %;
(b) premiums for permanent transfer within the framework of a joint
enterprise: the amounts referred to in Article 8(3); however, no
public aid for this purpose can be given for vessels with a tonnageless than 20 GRT or 22 GT, or of 30 years old or more;
(c) premiums for other permanent transfer to a third country: the
maximum amounts for the scrapping premiums referred to in (a)above, less 50 %. However, no public aid for this purpose can begiven for vessels with a tonnage less than 20 GRT or 22 GT, or of 30years old or more, except under the conditions provided for inparagraph 6;
(d) premiums for other cases stopping fishing activities permanently:
the maximum amounts for the scrapping premiums referred to in (a)above, less 50 %. However, no public aid for this purpose can be
given for vessels with a tonnage less than 20 GRT or 22 GT, except
under the conditions provided for in paragraph 6.
6. Notwithstanding paragraph 5(c) and (d), where the vesselis
definitively assigned for the preservation of historical heritage in theterritory of a Member State, or for the fisheries research or trainingactivities of public or semi-public bodies of a Member State, or for the
control of fishing activities, in particular by a third country, public aid
shall be granted under the conditions given in paragraph 5(a).
7. Without prejudice to Article 16, measures to restrict fishing
activities may include restrictions on the fishing days or days at seaauthorised for a specific period. Such measures may not give rise to anypublic aid.
Article 8
Joint enterprises
1. Member States may take measures to promote the creation of joint
enterprises.
For the purpose of this Regulation ‘joint enterprise’ means a commercial
enterprise with one or more partners who are nationals of the thirdcountry in which the vesselis registered.
2. In addition to the conditions laid down in Article 7 and Annex III
for the grant of a premium for permanent transfer, the followingconditions shall apply:
(a) the creation and registration of a commercialenterprise, in
accordance with the laws of the third country, or the acquisitionof holdings in an enterprise that is already registered, for the purpose
of engaging in a commercialactivity in the fisheries sector in the
waters under the sovereignty or the jurisdiction of the third country.The Community partner must hold a significant proportion,generally between 25 % and 75 %, of the share capital;
(b) ownership of the permanently transferred vessel must be handed
over to the joint enterprise in the third country. For five years thevesselmay not be used for fishing activities other than thoseauthorised by the competent authorities of the third country, nor mayit be used by other shipowners.1999R2792 — EN — 04.02.2002 — 001.001 — 7
▼B
3. The premiums for the creation of joint enterprises may not exceed
80 % of the maximum amount of the premium for scrapping referred toin Article 7(5)(a).
The premiums cannot be cumulated with the premiums referred to in
Article 7(5)(a),(c),(d).
4. The management authority shall pay 80 % of the premium to the
applicant when the vessel is transferred to the joint enterprise, after theapplicant has provided proof that a bank guarantee for an amount equalto 20 % of the premium has been lodged.
5. Each year for five consecutive years from the date of constitution
of the joint enterprise or the date on which the Community partneracquired holdings in the enterprise, applicants shall submit to themanagement authority a report on the implementation of the activityplan, including data on catches and markets of fisheries products, inparticular products landed in or exported to the Community, with
supporting documents, together with the enterprise's balance sheet and a
statement of its net worth. The management authority shall forward thereport to the Commission for information.
The balance of the premium shall be paid to applicants after two years of
activity and after the first two reports have been received.
6. The guarantee shall be released, provided all the conditions are
met, once the fifth report has been approved.
7. Where necessary, the Commission shall adopt detailed rules for the
application of this Article in accordance with the procedure laid down inArticles 23(2).
Article 9
Public aid for fleet renewal and modernisation of fishing vessels
1. Without prejudice to the conditions laid down in the second
subparagraph of Article 3(3), public aid for fleet renewal and
modernisation shall be granted only on the following conditions andthose set out in Article 6 and Annex III and provided that the overallannualobjectives of the mul tiannualguidance programme are respected:
(a) where the annualobjectives for the segments concerned are
respected, Member States must ensure that during the programming
period from 2000 to 2006 the entry of new capacity with public aid
is compensated by the withdrawalof a capacity without publ ic aidwhich is at least equal to the new capacity introduced in thesegments concerned, taken in aggregate and in terms of both tonnageand power;
(b) until30 June 2002, where the annualobjectives of the segments
concerned are not yet respected, Member States must ensure that theentry of new capacity with public aid is compensated, during theperiod from 2000 to 2001, by the withdrawalof a capacity without
public aid which is at least 30 % greater than the new capacity
introduced in the segments concerned, taken in aggregate and interms of both tonnage and power; for the period 1 January 2002 to30 June 2002, the capacity withdrawn must be at least 35 % greaterthan the new capacity introduced.
The capacity withdrawn may be replaced only by the new capacity
which is introduced with public aid as provided for under this point;
(c) public aid may also be granted for the equipping or modernising of
vessels where this does not concern capacity measured in terms of
either tonnage or power.
The Council shall, acting in accordance with the procedure laid down in
Article 37 of the Treaty, decide by 30 June 2002 on any necessaryadjustments to be applied as from 1 July 2002 to the provisions of thisparagraph.1999R2792 — EN — 04.02.2002 — 001.001 — 8
▼M2
▼B
2. The effect of granting public aid shall be accounted for in the
annual implementation report referred to in Article 21.
3. The indicators relating to the granting of public aid for fleet
renewal and modernisation of fishing vessels in the plans, as providedfor in Annex I (2) (d), must be drawn up in accordance with this Article.
4. Expenditure eligible for public aid as referred to in paragraph 1
may not exceed the following amounts:
(a) construction of fishing vessels: twice the scales in Table 1 in Annex
IV;
(b) modernisation of fishing vessels including, where applicable, the
cost of remeasuring tonnage in accordance with Annex I to the 1969Tonnage Measurement Convention (
1): the scales in Table 1 of
Annex IV.
Article 10
Common provisions on fishing fleets
1. Public aid for fleet renewal and the modernisation of vessels can
be permitted only where, within the time allowed, the Member State:
(a) has submitted the information provided for in Article 5;
(b) has complied with Council Regulation (EEC) No 2930/86 of 22
September 1986 defining characteristics for fishing vessels (2);
(c) has implemented the arrangements referred to in Article 6(1); and
(d) complies with the overall annual objectives, specified in the
multiannual guidance programmes.
2. If the obligations referred to in paragraph 1 (a) to (d) are not
respected, the Commission may adjust the capacity objectives in themultiannual guidance programme in the light of the information
available to it, in accordance with the procedure laid down in Article
23(2).
3. The following provisions shall apply to the cumulation of public
aids to the fishing fleet:
(a) expenditure on modernisation shall not be eligible for aid for five
years following the grant of public aid for the construction of thevesselconcerned;
(b) permanent withdrawalpremiums within the meaning of Articl e 7(S)
and premiums for the creation of joint enterprises within the
meaning of Article 8 may not be added to other Community aid
granted under this Regulation or Regulations (EEC) No 2908/83 (
3),
(EEC) No 4028/86 (4) and (EC) No 2468/98. These premiums are to
be reduced:
(i) by a part of the amount previously received in the case of
modernisation aid and/or the allowance for a temporary joint
venture; this part is calculated pro rata temporis for the five-
year period preceding the permanent withdrawalor the settingup of the joint enterprise;1999R2792 — EN — 04.02.2002 — 001.001 — 9
(1) InternationalConvention on tonnage measurement of ships, drawn up in
London in 1969 under the auspices of the internationalmaritime organisation
(IMO).
(2) OJ L 274, 25.9.1986, p. 1. Regulation as last amended by Regulation (EC) No
3259/94 (OJ L 339, 29.12.1994, p. 11).
(3) CouncilRegul ation (EEC) No 2908/83 of 4 October 1983 on a common
measure for restructuring, modernising and developing the fishing industry
and for developing aquaculture (OJ No L 290, 22.10.1983, p. 1). Regulation
as last amended by Regulation (EEC) No 3733/85 (OJ L 361, 31.12.1985, p.78).
(
4) CouncilRegul ation (EEC) No 4028/86 of 18 December 1986 on Community
measures to improve and adapt structures in the fisheries and aquaculture
sector (OJ L 376, 31.12.1986, p. 7). Regulation as last amended by
Regulation (EEC) No 3946/92 (OJ L 401, 31.12.1992, p. 1).
▼B
(ii) by the totalamount previousl y received in the case of aid for the
temporary cessation of activities within the meaning of Article16 (1) of this Regulation and under Article 14 of Regulation
(EC) No 2468/98 paid during the year preceding permanent
withdrawalor the setting up of the joint enterprise.
4. An aid for construction or for modernisation, under this Regulation
shall be reimbursed pro rata temporis when the vesselconcerned is
deleted from the fishing vessel register of the Community, within 10
years from the construction, or within five years from the modernisationworks.
Article 11
Small-scale coastal fishing
1. For the purposes of this Article, ‘small-scale coastal fishing’ means
fishing carried on by vessels of an overall length of less than 12 metres.
2. Member States may take additionalmeasures as provided for under
this Regulation to supplement the measures to improve the conditions inwhich small-scale coastal fishing is carried on, under the terms laiddown in this Article.
3. Where a group of owners of vessels or families of fishermen
involved in small-scale coastal fisheries cooperatively implement anintegrated collective project to develop or modernise this fishingactivity, a lump-sum premium part-financed by the FIFG may begranted to the participants.
4. The following projects, inter alia , may be considered integrated
collective projects for the purpose of this paragraph:
— safety equipment on board and improvement of sanitary and working
conditions,
— technological innovations (more selective fishing techniques),— organisation of the production, processing and marketing chain
(promotion and added value of the products),
— professionalrequal ification or training.
5. The lump-sum premium shall not exceed EUR 150 000 per
integrated collective project. The management authority shall determine
the amount of the premium actually paid and how it is shared between
the beneficiaries according to the scale of the project and the financialcommitments made by each participant.
Article 12
Socioeconomic measures
1. For the purposes of this Article, ‘fisherman’ means anyone
engaging in his main occupation on board an operationalseagoingfishing vessel.
2. The Member States may take, for fishermen, measures of a
socioeconomic nature associated with restructuring of the Communityfisheries sector within the meaning of Article 11 of Regulation (EEC)No 3760/92.
3. Financialassistance from the FIFG may be granted onl y for the
following measures:
(a) part-financing of nationalearl y-retirement schemes for fishermen,
provided that the following conditions are fulfilled:
(i) at the time of early retirement, the age of the beneficiaries of the
measure must be not more than 10 years from the legal
retirement age within the meaning of the legislation in force inthe Member State, or the beneficiaries must be aged at least 55;
(ii) the beneficiaries can show that they have worked for at least 10
years as fishermen.1999R2792 — EN — 04.02.2002 — 001.001 — 10
▼B
However, contributions to the normalretirement scheme for
fishermen during the period of early retirement shall not be eligiblefor financialassistance from the FIFG.
In each Member State, for the entire programming period the
number of beneficiaries may not exceed the number of jobs
eliminated on board fishing vessels as a result of those vesselspermanently stopping fishing activities within the meaning ofArticle 7;
(b) granting individualcompensatory payments to fishermen who can
show that they have worked for at least twelve months as fishermen,on the basis of an eligible cost limited to EUR 10 000 per individualbeneficiary, provided the vesselon which the beneficiaries were
employed has been the object of measures permanently stopping its
activities, within the meaning of Article 7;
(c) granting non-renewable individual compensatory payments to
fishermen who can show that they have worked for at least fiveyears as fishermen, to help them retrain or diversify their activitiesoutside maritime fisheries under an individual or collective socialplan, on the basis of an eligible cost limited to EUR 50 000 per
individualbeneficiary; the management authority shal ldetermine
the individualamount according to the scal e of the retraining anddiversification project and the financialcommitment entered into bythe beneficiary;
►
C1(d) granting individualpremiums to fishermen younger than 35
years◄who can demonstrate that they have worked at least five
years as fishermen or can demonstrate equivalent vocational trainingand who acquire for the first time part or totalownership in a fishing
vessel, provided that the following conditions are fulfilled:
(i) the fishing vessel must have an overall length between 7 and 24
metres; at the time of acquisition of ownership it must be aged
between 10 and 20 years, it must be operationaland it must beregistered in the fishing vesselregister of the Community;
(ii) the transfer of ownership does not occur within the same family
up to the second degree.
The management authority shall determine the amount of each
individualpremium in particul ar on the basis of the size and age of
the vesseland of the financialconditions of the acquisition (cost of
acquisition of ownership; level and conditions of bank loan;guarantee, if any, given by a third party; and/or other financialengineering facilities).
The management authority shall also establish the other conditions
and criteria under which acquisition takes place.
In any event, the amount of the premium may not exceed 10 % of
the cost of acquisition of ownership nor exceed the amount ofEUR 50 000.
4. The management authority shall make the necessary arrangements,
in particular through appropriate control mechanisms, to ensure:
(a) that the beneficiaries of the measure referred to in paragraph 3(a)
permanently give up work as fishermen;
(b) that no one fisherman can benefit from more than one of the
measures referred to in paragraph 3;
(c) that the compensation referred to in paragraph 3 (b) is refunded on a
pro rata temporis basis where the beneficiaries return to their work
as fishermen within a period of less than one year after being paidthe compensation;
(d) that the compensation referred to in paragraph 3 (c) is refunded on a
pro rata temporis basis where the beneficiaries return to their work
as fishermen within a period of less than five years after being paidthe compensation;
(e) that the beneficiaries of the measure referred to in paragraph 3 (c)
actually engage in a new activity;1999R2792 — EN — 04.02.2002 — 001.001 — 11
▼B
(f) that the premium referred to in paragraph 3(d) is refunded on a pro
ratatemporis basis where the ownership acquired by the beneficiary
is transferred, or where the vesselis subject to a permanent
withdrawal pursuant to Article 7, within a period of less than five
years after being paid the premium.
5. All arrangements, methods of calculation, criteria and other rules
that the management authority shall establish for the implementation ofthis Article shall be described in the programme complements referredto in Article 18(3) of Regulation (EC) No 1260/1999.
6. The Member States may introduce nationally financed accom-
panying socialmeasures for fishermen in order to facil itate temporarycessation of fishing activities in the framework of plans for theprotection of aquatic resources.
TITLE III
PROTECTION AND DEVELOPMENT OF AQUATIC
RESOURCES, AQUACULTURE, FISHING PORT FACILITIES,
PROCESSING AND MARKETING AND INLAND FISHING
Article 13
Scope
1. Member States may, under the conditions specified in Annex III,
take measures to encourage capital investment in the following fields:
(a) fixed or movable facilities aimed at the protection and development
of aquatic resources, except restocking;
(b) aquaculture;
(c) fishing port facilities;
(d) processing and marketing of fishery and aquaculture products;
(e) inland fishing.
2. Financialassistance from the FIFG may be granted onl y for
projects which:
(a) contribute to lasting economic benefits from the structural
improvement in question;
(b) offer an adequate guarantee of technicaland economic viabil ity;
(c) avoid counterproductive effects, particularly the risk of creating
surplus production capacity.
TITLE IV
OTHER MEASURES
Article 14
Measures to find and promote new market outlets
1. Member States may, under the conditions specified in Annex III,
take measures to encourage collective operations to find and promote
new market outlets for fishery and aquaculture products, in particular:
(a) operations associated with quality certification, product labelling,
rationalisation of product names and product standardisation;
(b) promotion campaigns, including those highlighting quality;
(c) projects to test consumer and market reactions;
(d) organisation of and participation in trade fairs and exhibitions;
(e) organisation of study and sales visits;
(f) market studies and surveys, including studies relating to the
prospects for marketing Community products in third countries;
(g) campaigns improving marketing conditions;
(h) sales advice and aids, services provided to wholesalers, retailers, and
producer organisations.1999R2792 — EN — 04.02.2002 — 001.001 — 12
▼B
2. Priority is to be given to investments:
(a) to encourage the sale of surplus or underexploited species;
(b) implemented by organisations officially recognised within the
meaning of Regulation (EEC) No 3759/92;
(c) jointly implemented by several producer organisations or other
organisations of the sector recognised by nationalauthorities;
(d) pursuing a quality policy for fishery and aquaculture products;
(e) to promote products obtained using environmentally friendly
methods.
3. The measures must not be based around commercialbrands nor
make reference to particular countries or a geographic zone, except inspecific cases where officialrecognition of origin with reference to a
specified geographicalzone for a product or process is granted pursuant
to Regulation (EEC) No 2081/92 of 14 July 1992 on the protection ofgeographicalindications and designations of origin for agricul turalproducts and foodstuffs (
1). The reference may be used only from the
date on which the name has been entered in the register provided for in
Article 6(3) of Regulation (EEC) No 2081/92.
Article 15
Operations by members of the trade
1. The Member States may encourage the creation and facilitate the
operation of producer organisations recognised under Regulation (EEC)No 3759/92:
(a) aid can be granted to producer organisations created after 1 January
2000 for three years following the date of recognition. This aid forthe first, second and third years must be within both the following
limits:
(i) 3 %, 2 % and 1 % respectively of the value of the products
marketed by the producer organisation;
(ii) 60 %, 40 % and 20 % respectively of the administrative costs of
the producer organisation;
(b) without prejudice to the aid referred to at (a), aid may be granted to
producer organisations that have been specifically recognised underArticle 7a(1) of Regulation (EEC) No 3759/92 during the three yearsfollowing the date of the specific recognition to facilitate the
implementation of their plans to improve quality. The amount of this
aid, for the first, second and third years shall not exceed 60 %, 50 %and 40 % respectively of the costs incurred by the organisation inimplementing the plan;
(c) the aid referred to at (a) and (b) shall be paid to the final
beneficiaries during the year following that for which it was granted,
and not later than 31 December 2008.
2. The Member States may encourage short-term operations of
collective interest with a broader scope than operations normally
undertaken by private businesses, carried out with the active contribu-tion of members of the trade themselves or carried out by organisationsacting on behalf of the producers or by other organisations having beenrecognised by the management authority, and serving to attain the
objectives of the common fisheries policy.
3. Eligible operations shall relate in particular to the following topics:
(a) management and controlof conditions for access to certain fishing
zones and quota management;
(b) management of fishing effort;
(c) promotion of gear or methods recognised by the management
authority as being more selective;1999R2792 — EN — 04.02.2002 — 001.001 — 13
(1) OJ L 208, 27.7.1992, p. 1. Regulation as last amended by Regulation (EC) No
1068/97 (OJ L 156, 13.6.1997, p. 10).
▼B
(d) promotion of technicalmeasures for the conservation of resources;
(e) promotion of measures improving the working conditions and the
sanitary conditions concerning the products, on board and landed;
(f) collective aquaculture facilities, restructuring or improvement of
aquaculture sites, collective treatment of aquaculture effluent;
(g) eradication of the pathological risks of fish farming or parasites in
catchment areas or coastalecosystems;
(h) collection of basic data and/or preparation of environmental
management models for fisheries and aquaculture with a view to
drawing up integrated management plans for coastal areas;
(i) organisation of electronic trade and other information technologies
to disseminate technicaland commercialinformation;
(j) creation of business incubators in the sector and/or centres for the
collection of fishery and aquaculture products;
(k) access to training, particularly in quality, and organisation of
transmission of know-how on board vessels and on land;
(l) design and application of systems to improve and control quality,
traceability, health conditions, statistical instruments and environ-mentalimpact;
(m) creation of added value in products ( inter alia , through experi-
mentation, innovation, the addition of value to by-products and co-
products);
(n) improvement of knowledge and transparency in production and in
the market.
Expenditure incurred in the normalproduction process in firms shal lnot
be eligible under this paragraph.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 23(2).
Article 16
Temporary cessation of activities and other financial compensation
1. The Member States may grant compensation to fishermen and
owners of vessels for the temporary cessation of activities in the
following circumstances:
(a) in the event of unforeseeable circumstances, particularly those
caused by biological factors; the granting of compensation may lastfor no more than two months per year or six months over the entireperiod from 2000 to 2006. The management authority shall forward
suitable scientific proof to the Commission in advance;
(b) where a fisheries agreement is not renewed, or where it is
suspended, for the Community fleets dependent on the agreement;the granting of compensation may not last longer than six months; itmay be extended by a further six months provided a conversion plan
approved by the Commission is implemented for the fleet
concerned;
(c) where a plan is introduced for the recovery of a resource threatened
with exhaustion, decided by the Commission or by one or some
Member States; the granting of compensation may last for no more
than two years and may be extended by a further year.Compensation may also be granted, subject to the same restrictionsas to duration, to the processing industry where it depends for itssupply on a resource covered by a recovery plan and where imports
cannot compensate for the reduced supply. Before the recovery plan
is put into place the management authority shall forward to theCommission suitable scientific and economic justification. TheCommission shall request without delay the opinion of theCommittee provided for in Article 16 of Regulation (EEC) No3760/92.1999R2792 — EN — 04.02.2002 — 001.001 — 14
▼M2
2. The Member States may grant financialcompensation to fisherman
and owners of vessels where Community legislation imposes technicalrestrictions on the use of certain gear or fishing methods; this aid is
intended to cover the technicaladjustment and may not be paid for more
than six months.
3. The financialcontribution from the FIFG to the measures referred
to in paragraphs 1 and 2 per Member State for the entire period from
2000 to 2006 may not exceed the higher of the following two thresholds:EUR 1 million or 4 % of the Community financial assistance allocatedto the sector in the Member State concerned.
The management authority shall determine the amount of compensation
as provided for in paragraphs land 2 to be paid in individualcasestaking account of relevant parameters such as the real losses suffered,the scale of the conversion effort, recovery plan or technical adjustment
effort.
4. The measures taken under this Article may under no circumstances
be invoked as contributing to the attainment of the objectives of the
multiannual guidance programme referred to in Article 5, nor can theybe justified by a recurrent seasonalsuspension of activity as part of theongoing management of fisheries.
Article 17
Innovative measures and technical assistance
1. The Member States shall envisage in the plans referred to in
Articles 3(3) and defined in Article 9(b) of Regulation (EC) No 1260/1999 the means necessary to undertake studies, pilot projects,
demonstration projects, training measures, technicalassistance, the
exchange of experience and publicity connected with the preparation,implementation, monitoring, evaluation or adjustment of the operationalprogrammes and the single programming documents.
2. ‘Pilot project’ means a project carried out by an economic
operator, a scientific or technicalbody or another competent body totest, in conditions approaching actualconditions in the industry, thetechnical reliability and/or financial viability of an innovative tech-
nology with a view to acquiring and disseminating technical and/or
financial knowledge of the technology being tested. Pilot projects shallalways comprise scientific monitoring of sufficient intensity andduration to obtain significant results; they must be the subject ofscientific reports forwarded to the management authority. The latter
shall immediately forward such reports to the Commission for
information.
Experimental fishing projects shall be eligible as pilot projects provided
their aim is the conservation of fishery resources and they implement
more selective techniques.
3. The measures referred to in paragraph 1 may, in particular,
concern the topics referred to in Article 15(2) and (3), provided they areimplemented on the initiative of public or semi-public bodies or otherbodies designated to that end by the management authority.
They may also include the construction or transformation of vessels
provided that these vessels are destined exclusively for fisheries researchand training activities, undertaken by public or semi-public bodies,under the flag of a Member State.
4. In addition, the measures referred to in paragraph 1 may include
the promotion of equalempl oyment opportunities between men andwomen working in the sector.1999R2792 — EN — 04.02.2002 — 001.001 — 15
▼B
▼B
TITLE V
GENERAL AND FINANCIAL PROVISIONS
Article 18
Compliance with the conditions governing assistance
The management authority shall ensure that the special conditions
governing assistance listed in Annex III are complied with.
It shall also satisfy itself as to the technical capacity of beneficiaries and
the financialviabil ity of firms before granting aid.
Article 19
Notification of aid schemes
1. The Member States shall notify the Commission of the aid
schemes provided for in the plans referred to in Article 3(3) and definedin Article 9(b) of Regulation (EC) No 1260/1999, in accordance withArticles 87 to 89 of the Treaty.
2. Within the scope of this Regulation, Member States may introduce
supplementary aid measures subject to conditions or rules other thanthose laid down in this Regulation, or covering a sum in excess of themaximum amounts referred to in Annex IV, provided they comply with
Articles 87 to 89 of the Treaty.
Article 20
Monetary conversion
For Member States which are not in the euro zone, the amounts in euro
set by this Regulation shall be converted into national currency at therate published in the C series of the Official Journal of the European
Communities .
The conversion shall be made at the rate applicable on 1 January of the
year of the Member State's decision to grant the premium or aid.
Article 21
Implementing rules
The form of the expenditure statements and annualimpl ementation
reports shall be adopted by the Commission in accordance with the
procedure laid down in Article 23(2).
Article 22
Committee procedure
The measures necessary for the implementation of this Regulation
relating to matters referred to in Articles 4, 5, 6, 8, 10, 15 and 21 shall beadopted in accordance with the management procedure referred to in
Article 23(2).
Article 23
Committees
1. The Commission shall be assisted:
(a) for the purpose of the implementation of Articles 8, 15 and 21 by the
Committee on structures for fisheries and aquaculture established byArticle 51 of Regulation (EEC) No 1260/1999; and
(b) for the purpose of the implementation of Articles 4, 5, 6 and 10 by
the Committee for fisheries and aquaculture established by Article17 of Regulation (EEC) No 3760/92.
2. Where reference is made to this paragraph, the provisions of
Articles 4 and 7 of Decision 1999/468/EC shall apply.1999R2792 — EN — 04.02.2002 — 001.001 — 16
▼B
The period laid down in Article 4(3) of Decision 1999/468lEC shall be
set at one month.
3. The Committees shall adopt their rules of procedure.
Article 24
Transitional provisions
The following shall be repealed with effect from 1 January 2000:
— Regulation (EC) No 2468/98,
— Article 7(1), (2), (3) and Article 7b of Regulation (EEC) No 3759/92;
— Regulation (EEC) No 3140/82 (1).
However, the repealed provisions shall remain applicable for aid,
measures and projects approved before 31 December 1999.
References to the repealed Regulations and Articles shall be understood
as references to this Regulation.
Article 25
Entry into force
This Regulation shall enter into force on the third day following that of
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.1999R2792 — EN — 04.02.2002 — 001.001 — 17
(1) CouncilRegul ation (EEC) No 3140/82 of 22 November 1982 on granting and
financing aid granted by Member States to producers' organisations in the
fishery products sector (OJ L 331, 26.11.1982, p. 7).
▼B
ANNEXI
CONTENTS OF THE PLANS
1.Quantified description of the current situation for each of the fields
referred to in Titles II, III and IV
(a) Strengths and weaknesses;
(b) summary of operations undertaken and impact of funds used in previous
years;
(c) requirements of the sector, particularly with regard to the constraints of the
multiannual guidance programme for the fishing fleet.
2.Strategy for restructuring the sector
(a) Results of consultations and measures to involve the competent authorities
and bodies and socioeconomic partners at the appropriate levels;
(b) objectives:
(i) generalobjectives under the common fisheries pol icy;
(ii) priorities;
(iii) objectives specific to each area of assistance, quantified if possible;
(c) demonstration that public aid is necessary to attain the objectives sought;
steps taken to prevent counterproductive effects, particularly as regards the
creation of surplus capacity;
(d) with regard to the fleet:
(i) indicators concerning the development of the fleet in relation to the
objectives of the multiannual guidance programme;
(ii) fishing techniques and gear to be encouraged in the event of
redeployment of fishing activities;
(e) anticipated impact (on employment, production, etc.).
3.Means to attain the objectives
(a) The measures (legal, financial or other) planned in each field to implement
the plans, particularly aid schemes;
(b) indicative financing schedule covering the entire programming period and
listing the regional, national, Community or other resources provided for
each area of assistance;
(c) the requirements in terms of studies, pilot projects, demonstration projects,
training, technicalassistance and publ icity measures connected with the
preparation, implementation, monitoring, evaluation or adjustment of the
measures concerned.
4.Implementation
(a) Management authority designated by the Member State;
(b) steps taken to ensure efficient and effective implementation, including
monitoring and evaluation; definition of the quantified indicators;
(c) provisions relating to checks, penalties and publicity measures;
(d) with regard to the fleet:
(i) the methods for monitoring trends in fishery resoures, particularly
vulnerable resources;
(ii) for static gear, the arrangements for monitoring fishing effort,
including trends in the number and size of gear.1999R2792 — EN — 04.02.2002 — 001.001 — 18
▼B
ANNEXII
MINIMUM CONTENT OF SUBSEQUENT MULTIANNUAL GUIDANCE
PROGRAMMES (MAGPs)FOR THE FISHING FLEET
1.Updating of the description of the situation provided for in Annex I
This consists in describing the change in the situation regarding fisheries, the
fleet and related employment since the date of submission of the programming
documents referred to in Article 3.
2.Results from the previous programme
(a) Member States shall by 1 May 2001 identify and comment on the progress
achieved and means used in attaining the objectives set for the 1997-2001
programme;
(b) analyse the general administrative and socioeconomic context in which it
was implemented and in particular, where appropriate, in which measures
to reduce fishing activity were implemented;
(c) specify and comment on the Community, nationaland regionalfinancial
resources committed in attaining the results achieved, for each fleet
segment.
3.New guidelines
On the basis of the replies given to points 1 and 2 indicate the guidelines
which should be given to the various fleet segments for the subsequent
MAGPs, in particular in relation to the following two operations:
(a) fleet renewal: criteria for joining and leaving the fleet, for each segment
and associated funding. Legalor administrative provisions enabl ing the
Member State to monitor vessels joining and leaving its fleet. Measures
taken by the Member State per fleet segment to ensure that public aid
granted for fleet renewal and adjustment of fishing effort does not have
contradictory effects where the pursuit of the objectives of the
programmes is concerned;
(b) adjustment of fishing effort: desirable evolution of fishing effort per
segment untilthe end of the subsequent MAGP, expressed in rel ation to
the objectives set for each segment for 31 December 2001. Associated
laws, regulations or administrative provisions. Systems for managing
fishing activity. Extent of administrative and financialresources to be used
to attain the new objectives thus set.1999R2792 — EN — 04.02.2002 — 001.001 — 19
▼B
ANNEXIII
SPECIAL CONDITIONS AND CRITERIA FOR ASSISTANCE
1.Implementation of multiannual guidance programmes (Title II)
1.0.Age of vessels
For the purposes of this Regulation, the age of a vessel is a whole number
defined as the difference between the year of the management authority's
decision to grant a premium or aid and the year in which the vesselwas buil t
(or, if this is not known, the year of commissioning).
1.1.Permanent withdrawal (Article 7(3))
(a) Permanent withdrawal may concern only vessels which have carried out
a fishing activity for at least 75 days at sea in each of the two periods of
12 months preceding the date of the application for permanent
withdrawalor, as the case may be, a fishing activity for at l east 80 %
of the number of days at sea permitted by current nationalregul ations
for the vesselconcerned.
In the Baltic Sea the number of 75 days shall be reduced to:— 60 for vessels registered in ports situated north of parallel 59º30 ′N,
— 40 for vessels registered in ports situated north of parallel 59º30 ′N
and fishing for salmon;
(b) the following conditions must be met:
(i) prior to its permanent withdrawal, the vessel must be registered in
the fishing vesselregister of the Community;
(ii) the vesselmust be operationalat the time the decision is taken to
grant the premium;
(iii) after permanent withdrawal, the fishing licence must be cancelled
and the vessel declared permanently deleted from the fishing vessel
register of the Community;
(iv) in the event of permanent transfer to a third country, the vessel
must be registered in the register of the third country without delay
and may never return to Community waters;
(c) if a vesselis l ost between the date of the decision to grant the premium
and the actualdate of permanent withdrawal , the management authority
shall make a financial correction for the amount of the compensation
paid by the insurance;
(d) no public aid within the meaning of Article 7 may be paid for a vessel
transferred to a third country to replace a lost vessel belonging to a joint
enterprise within the meaning of Article 8.
1.2.Joint enterprises (Article 8)
(a) In addition to the conditions for the permanent transfer of a vesselto a
third country within the meaning of Article 7(3)(b) and point 1.1 of this
Annex, vessels, transferred within the framework of joint enterprises,
must meet the following conditions:
(i) they must have been operating for at least the last five years, under
the flag of a Member State of the Community:
— in Community waters,
— and/or in the waters of a third country either under a fisheries
agreement with the Community or under another agreement,
— and/or in internationalwaters where fisheries are rul ed by an
internationalConvention;
(ii) they must, within six months of the date of the decision to grant the
premium, be fitted out with the technicalequipment needed to
operate in the waters of the third country under the terms of the
fishing authorisation issued by the authorities of the third country;
they must comply with the Community safety regulations and be
adequately insured as decided by the management authority; costs
associated with such a fitting, if any, are not eligible for a
Community aid;1999R2792 — EN — 04.02.2002 — 001.001 — 20
▼B
(b) when the application for the premium for joint enterprises is lodged,
beneficiaries must provide the management authority with the following
information:
(i) a description of the vessel, including, in particular, the internal
number, registration number, tonnage, power and year of entry into
service;
(ii) during the last five years: service and activity of the vessel (and
conditions under which the activity was carried on); indication of
fishing zones (Community waters/other); any previous Community,
nationalor regionalaid received;
(iii) proof of the project's financial viability, including, in particular:
— a financing plan showing the contributions of the different
shareholders in cash and in kind; level of contribution of
Community/third country partners; proportion of the premium
provided for in Article 7(5)(b), which is to be invested in cash
in the capitalof the joint enterprise,
— an activity plan covering at least five years, showing, in
particular, fishing zones, places of landing and final destination
of catches;
(iv) a copy of the insurance contract;
(c) the following conditions must be met by the beneficiary during a period
of five years from the transfer of ownership of the vesselto the joint
enterprise:
(i) any change in the conditions under which the vesselis operated
(particularly change of partner, change in the share capital of the
joint enterprise, change of flag, change of fishing zone), within the
limits of the conditions referred to in Article 8(2), shall be subject to
prior authorisation by the management authority;
(ii) a vessel lost through shipwreck must be replaced by an equivalent
vesselwithin one year of the shipwreck;
(d) if the conditions at (a) and (b) are not fulfilled when the application for
the premium for joint enterprises is lodged, the public aid shall be
restricted to the premium for permanent transfer referred to in Article
7(5)(c);
(e) without prejudice to Articles 29(4) and 38 of Regulation (EC) No 1260/
1999, the management authority shall carry out a financial correction on
the difference between the premium for joint enterprise and the premium
for permanent transfer of the same vessel (hereinafter called ‘differ-
ence’), in the following cases:
(i) if the beneficiary notifies to the management authority a change in
operating conditions that lead to non-compliance with the
conditions referred to in Article 8(2) of this Regulation, including
the sale of the vessel, the transfer of holding by the Community
partner or the retirement of the Community shipowner in the joint
enterprise the financialcorrection shal lbe equalto part of the
amount of the difference; this part shall be calculated pro rata
temporis over the period of five years;
(ii) if during a controlit is found that the conditions provided for in
Article 8(2) of this Regulation and point (c) of this paragraph are
not complied with, the financial correction shall be equal to the
difference;
(iii) if the beneficiary fails to provide the activity reports provided for in
Article 8(5) of this Regulation after having been served notice by
the management authority, the financialcorrection shal lbe equalto
part of the amount of the difference; this part shall be calculated
pro rata temporis over the period of five years;
(iv) if the vessel is lost and not replaced, the financial correction shall
be equalto part of the amount of the difference; this part shal lbe
calculatedpro rata temporis over the period of five years.
1.3.Fleet renewal (Articles 6 and 9)
(a) Vessels must be built to comply with the Regulations and Directives
governing hygiene, safety, health, product quality and working
conditions and the Community provisions concerning the measurement
of vessels and the monitoring of fishing activities;
(b) vessels shall be entered in the appropriate segment of the Community
register;
(c) without prejudice to Articles 7, 8 and 12(3)(d) the transfer of ownership
of a fishing vesselshal lnot give rise to Community aid.1999R2792 — EN — 04.02.2002 — 001.001 — 21
▼B
1.4.Vessel modernisation (Articles 6 and 9)
(a) Vessels must be registered in the fishing vessels register of the
Community. Changes in vesselcharacteristics must be communicated to
this register and the vessels must be measured in accordance with
Community provisions, when they are modernised;
(b) investments should relate to:
(i) the rationalisation of fishing operations, in particular by the use of
more selective fishing technologies and methods on board in orderto avoid undesirable by-catches,
and/or
(ii) improvement of the quality of products caught and preserved on
board, the use of better fishing and preserving techniques and the
implementation of legal and regulatory provisions regarding health,
and/or
(iii) improvement of working and safety conditions.
Without prejudice to Article 16(2), the replacement of fishing gear shall
not be considered eligible expenditure.
2.Investment in the areas referred to in Title III
2.0.General provisions
(a) Projects in undertakings may involve capital investment in production
and management (construction, enlargement, equipping and modernisa-
tion of facilities);
(b) capitalinvestment to improve conditions of hygiene or human or animal
health, to improve product quality or reduce pollution of the
environment and, where relevant, to increase production itself, shall
be eligible for assistance;
(c) the transfer of ownership of an undertaking shall not give rise to the
grant of Community aid.
2.1.Protection and development of aquatic resources
Expenditure eligible for assistance from the FIFG may concern only the
installation of fixed or movable facilities to protect and develop aquatic
resources and the scientific monitoring of projects. Such projects must:
(a) be of collective interest;
(b) be implemented by public or semi-public bodies, recognised profes-
sionalorganisations or other bodies designated to that end by the
management authority;
(c) not have a negative impact on the aquatic environment.
Each project must include scientific monitoring for at least five years,
comprising in particular the evaluation and monitoring of the development
of aquatic resources in the waters concerned. The management authority
shall forward the scientific monitoring reports to the Commission every year
for information.
2.2.Aquaculture
(a) For the purposes of this Regulation, ‘aquaculture’ means the rearing or
culture of aquatic organisms using techniques designed to increase the
production of the organisms in question beyond the naturalcapacity of
the environment; the organisms remain the property of a naturalor l egal
person throughout the rearing or culture stage, up to and including
harvesting;
(b) the promoters of intensive fish-farming projects shall forward the
information provided for in Annex IV to Directive 85/337/EEC (
1) to the
management authority together with their application for public aid. The
management authority shall decide whether the project must be
submitted for assessment under Articles 5 to 10 of that Directive.
Where the public aid is granted the cost of collecting information on
environmental impact and any assessment costs shall be eligible for
assistance from the FIFG;1999R2792 — EN — 04.02.2002 — 001.001 — 22
(1) CouncilDirective 85/337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment (OJ L 175, 5.7.1985, p. 40).
Directive as amended by Directive 97/11/EC (OJ L 73, 14.3.1997, p. 5).
▼B
(c) investments in works concerning the installation or improvement of
water circulation in aquaculture enterprises and on service vessels shall
be eligible;
(d) notwithstanding Group 3 in Table 3 in paragraph 2 of Annex IV, where
investments concern the use of techniques that substantially reduce
environmentalimpact, the contribution of private beneficiaries (C) may
be restricted to 30 % of eligible expenditure in Objective 1 regions and
50 % in other areas, instead of 40 % and 60 % respectively.
2.3.Fishing port facilities
Priority shall be given to investments of collective interest to fishermen
using a port and contributing to the generaldevel opment of the port and to
the improvement of services offered to fishermen. Investments shall relate in
particular to installations and equipment intended:
(a) to improve the conditions under which fishery products are landed,
treated and stored in ports;
(b) to support fishing vesselactivities (provision of fuel , ice and water,
maintenance and repair of vessels);
(c) to improve jetties with a view to improving safety during the landing or
loading of products.
2.4.Processing and marketing
(a) For the purposes of this Regulation, ‘processing and marketing of
fishery and aquaculture products’ means all operations, including
handling, treatment, production and distribution, between the time of
landing or harvesting and the end-product stage;
(b) investments shall not be eligible for assistance where they concern:
(i) fishery and aquaculture products intended to be used and processed
for purposes other than human consumption, with the exception of
investments exclusively for the treatment, processing and marketing
of fishery and aquaculture product wastes;
(ii) the retailtrade.
(c) Notwithstanding group 3 in Table 3 in paragraph 2 of Annex IV, where
investments concern the use of collective facilities or techniques that
substantially reduce environmental impact, the contribution of private
beneficiaries (C) may be restricted to 30 % of eligible expenditure in
Objective 1 regions and 50 % in other areas, instead of 40 % and 60 %
respectively.
2.5.Inland fishing
(a) For the purpose of this Regulation, ‘inland fishing’ means fisheries
carried out for commercial purpose by vessels operating exclusively in
inland waters of the territory of Member States and which are notsubject to the provisions of Title II;
(b) when the investment concerns the construction of a vesselfor inl and
fishing, the provisions of point 1.3(a) of Annex III shall apply;
(c) when the investment concerns the modernisation of a vesselfor inl and
fishing, the provisions of point 1.4(b) of Annex III shall apply;
(d) investments shall not be eligible for assistance if they are likely to
jeopardise the equilibrium between the fleet size and the corresponding
fish resources available;
(e) scrapping premiums for vessels for inland fishing shall not be eligible
for assistance;
(f) the management authority shall take all necessary measures to ensure
that vessels receiving financial assistance from the FIFG under Article
13 shall continue to operate exclusively in inland waters.
3.Measures to find and promote new market outlets (Article 14)
(a) Eligible expenditure shall cover in particular:
(i) the costs of advertising agencies and other service providers
involved in the preparation and implementation of promotion
campaigns;
(ii) the purchase or hire of advertising space and the creation of slogans
and labels for the duration of promotion campaigns;
(iii) expenditure on publishing, external staff, premises and vehicles
required for the campaigns;1999R2792 — EN — 04.02.2002 — 001.001 — 23
▼B
(b) the beneficiary's operating costs (staff, equipment, vehicles, etc.) shall
not be eligible.1999R2792 — EN — 04.02.2002 — 001.001 — 24
▼B
ANNEXIV
SCALES AND RATES OF ASSISTANCE
1.Scales of assistance relating to fishing fleets (Title II)
TABLE 1
Category of vesselby tonnage (GT) EUR
0 < 10 11 000/GT + 2 000
10 < 25 5 000/GT + 62 000
25 < 100 4 200/GT + 82 000
100 < 300 2 700/GT + 232 000
300 < 500 2 200/GT + 382 000
500 and above 1 200/GT + 882 000
TABLE 2
Category of vesselby gross registered
tonnes (GRT)EUR
0 < 25 8 200/grt
25 < 50 6 000/grt + 55 000
50 < 100 5 400/grt + 85 000
100 < 250 2 600/grt + 365 000
From 1 January 2000, for vessels longer than 24 metres between
perpendiculars, and from 1 January 2004, for all vessels, only table 1 shall
apply.
2.Rates of financial participation
For all the operations referred to in titles II, III and IV, the limits on
Community financialparticipation (A), totalState financialparticipation
(national, regional and other) by the Member State concerned (B) and, where
applicable, financial participation by private beneficiaries (C) shall be as
follows, expressed as a percentage of eligible costs.
Group 1:
Permanent withdrawalpremiums (Articl e 7), premiums for the creation of
joint enterprises (Article 8), small-scale coastal fishing (Article 11 ),
socioeconomic measures (Article 12), protection and development of aquatic
resources (Article 13(1)(a)), fishing port facilities with no financial
participation by private beneficiaries (Article 13(1)(c)), measures to find and
promote new market outlets with no financial participation by private
beneficiaries (Article 14), operations by members of the trade with no
financialparticipation by private beneficiaries (Articl e 15), temporary
cessation premiums and other financialcompensation (Articl e 16), innovative
measures and technical assistance including pilot projects carried out by public
bodies (Article 17).
Group 2:fleet renewal and modernisation of fishing vessels (Article 9).Group 3:
aquaculture (Article 13(1)(b)), fishing port facilities with financial participa-
tion by private beneficiaries (Article 13(1)(c)), processing and marketing
(Article 13(1)(d)), inland fishing (Article 13(1)(e)), measures to find and
promote new market outlets with financial participation by privatebeneficiaries (Article 14), operations by members of the trade with financial
participation by private beneficiaries (Article 15(2)).
Group 4:pilot projects other than carried out by public bodies (Article 17).1999R2792 — EN — 04.02.2002 — 001.001 — 25
▼B
With respect to operations concerning the protection and development of
aquatic resources (Article 13(1)(a)), fishing port facilities (Article 13(1)(c)),
measures to find and promote new market outlets (Article 14) and operations
by members of the trade (Article 15), the management authority shall
determine whether they fall under group l or group 3, in particular on the basis
of the following considerations:
— collective versus individual interests,
— collective versus individual beneficiary (producers' organisations, organi-
sations representing the trade),
— public access to the results of the operation versus private ownership and
control,
— financial participation by collective bodies, research institutions.
TABLE 3
Group 1 Group 2 Group 3 Group 4
Objective 1 regions (*) 50 % ≤A
≤75 %
B≥25 %A≤35 %
B≥5%
C≥60 %A≤35 %
B≥5%
C≥40 %A≤75 %
B≥5%
C≥20 %
Objective 1 regions located in a
Member State covered by the
Cohesion Fund50 %≤A
≤80 %
B≥20 %
(**)A≤35 %
B≥5%
C≥60 %A≤35 %
B≥5%
C≥40 %A≤75 %
B≥5%
C≥20 %
Outermost regions 50 % ≤A
≤85 %
B≥15 %
(**)A≤40 %
B≥10 %
C≥50 %
(***)A≤50 %
B≥5%
C≥25 %
(****)A≤75 %
B≥5%
C≥20 %
Outlying Greek islands which
are under a handicap due to
their distant location50 %≤A
≤85 %
B≥15 %
(**)A≤35 %
B≥5%
C≥60 %A≤35 %
B≥5%
C≥40 %A≤75 %
B≥5%
C≥20 %
Other areas 25 % ≤A
≤50 %
B≥50 %A≤15 %
B≥5%
C≥60 %A≤15 %
B≥5%
C≥60 %A≤50 %
B≥5%
C≥30 %
(*) Including those referred to in Article 6(1) of Regulation (EC) No 1260/1999.
(**) Notwithstanding the general arrangements for Objective 1 regions, and only in duly justified exceptional
cases.
(***) Notwithstanding the general arrangements for Objective 1 regions, and only for vessels of less than 12
metres overall length other than trawlers, provided the vessels are registered in a port located in one of the
outermost regions and actually carry out their fishing activity from that port or another port in one of theseregions for a period of at least five years.
(****) Notwithstanding the general arrangements for Objective 1 regions, and only in enterprises of small
economic size to be defined in the programme complement referred to in Article 19(4) of Regulation (EC)
No 1260/1999.
In the case of investment in small and medium-sized businesses within the
meaning of Commission Recommendation 96/280/EC (1) the (A) rates for
groups 2 and 3 may be increased by an amount for forms of finance other than
direct assistance, provided that this increase does not exceed 10 % of the total
eligible cost. The contribution of the private beneficiary shall be reduced
accordingly.
A summary description of the derogations provided for under the first
subparagraph shall be included in the operational programmes or single
programming documents for the areas concerned referred to in Articles 18 and
19 of Regulation (EC) No 1260/1999.1999R2792 — EN — 04.02.2002 — 001.001 — 26
(1) OJ L 107, 30.4.1996, p. 4.▼M1