2001D0382 — EN — 19.05.2001 — 000.001 — 1
Thisdocumentismeantpurelyasadocumentationtoolandtheinstitutionsdonotassumeanyliabilityforitscontents
►B COUNCILDECISION
of14May2001
on a Community financial contribution towards certain expenditure to implement certain
managementmeasuresonhighlymigratoryfish
(2001/382/EC)
(OJ L 137, 19.5.2001, p. 25)
Corrected by:
►C1 Corrigendum, OJ L 212, 7.8.2001, p. 44 (2001/382/EC)
▼B
COUNCILDECISION
of14May2001
onaCommunityfinancialcontributiontowardscertainexpenditure
to implement certain management measures on highly migratory
fish
(2001/382/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 37 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (
1),
Whereas:
(1) The European Community has been a Contracting Party to the
International Convention for the conservation of Atlantic Tunas,
hereinafter called ‘the ICCAT Convention’ since 14 November
1997.
(2) The ICCAT Convention represents a framework for regional
cooperation on the conservation and management of tunas and
tuna-like species in the Atlantic Ocean and adjoining seas throughthe setting up of an International Commission for the Conserva-tion of Atlantic Tunas, hereinafter called ‘ICCAT’, and theadoption of recommendations on conservation and managementin the convention area which will become binding on the
Contracting Parties.
(3) At its 11th special meeting on 16 to 23 November 1998, ICCAT
adopted a recommendation on the imposition of a time/areaclosure linked to the use of fish aggregating devices which
became mandatory for the Contracting Parties on 21 June 1999.
Council Regulation (EC) No 973/2001 of 14 May 2001 layingdown certain technical measures for the conservation of certainstocks of highly migratory species (
2) incorporates this recom-
mendation into Community law.
(4) In order to ensure compliance with the measure, provision ismade for an observer to remain on board each vessel during theperiod concerned. Detailed arrangements should be adoptedtherefore governing the assignment of observers, their tasks and
the payment of the costs they incur.
(5) Member States should ensure that vessels flying their flag and
operating in the ICCAT area comply with the conservation and
management measures applicable in the area. It is necessary for
the Member States to see to it therefore that the system ofobservers is applied.
(6) The Member States must take steps to ensure that observers are
placed on board vessels flying their flags and are reimbursed the
costs arising from their assignment.
(7) In order to facilitate the application of the system of observers,
provision should be made for a financial contribution from the
Community towards the expenditure incurred in assigningobservers during the period 1 November 2000 to 31 January2001. The contribution would be conditional on the costs beingtaken over by the Member States once the system has becomeroutine,2001D0382 — EN — 19.05.2001 — 000.001 — 2
(1) Opinion delivered on 28 February 2001 (not yet published in the Official
Journal).
(2) See page 1 of this Official Journal.
▼B
HAS ADOPTED THIS DECISION:
Article 1
1. The costs arising from the assignment of observers deployed under
the provisions of Article 3 of Regulation (EC) No 973/2001 shall beborne by the Member State which makes the appointment.
2. Member States may pass on these costs, in whole or in part, to the
owners of the Community fishing vessels referred to in Article 1 of
Regulation (EC) No 973/2001.
Article 2
1. In order to facilitate the introduction of the system of observers,
the Community may contribute to the financing of the expenditure of theMember States arising from the assignment of the observers, for theperiod 1 November 2000 to 31 January 2001.
2. The Community contribution shall be 50 % of the expenditure
from public funds incurred by each Member State in making the
assignment.
3. Member States wishing to qualify for a financial contribution shall
submit to the Commission by ►
C11 September 2001 ◄a detailed
report on:
— the number of observers assigned;
— the number of vessels concerned;— the name of the vessel observed and the period for which each
observer was assigned;
— the final report of each observer.
4. Member States wishing to qualify for a financial contribution from
the Community shall submit an application for reimbursement of theexpenditure referred to in paragraph 2 together with two copies ofsupporting documents ►
C1by 1 October 2001 at the latest ◄. The
supporting documents shall include at least the main points of the
agreement between the Member State and the service provider(s), andevidence of the payments concerned.
Member States shall provide assurances that the expenditure has been
incurred in compliance with the principles of sound financial manage-ment and with the requirements of this Decision.
5. Member States shall provide the Commission with the information
necessary to enable it to verify compliance with the requirements of this
Decision, in particular regarding the assignment of observers in respectof whom the Community has made a financial contribution.
Article 3
This Decision shall apply from the day of its publication in the Official
Journal of the European Communities .
This Decision is addressed to the Member States.2001D0382 — EN — 19.05.2001 — 000.001 — 3