COMMISSION REGULATION (EEC) No 1959/91 of 21 June 1991 laying down detailed rules for implementing Council Regulation (EEC) No 4028/86 as regards Community financial assistance for redeployment operations

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), as amended by Regulation (EEC) No 3944/90 (2), and in particular Articles 17c (2) and 17e (3) thereof,

Whereas Article 17b (1) of Regulation (EEC) No 4028/86 provides that the Commission shall grant assistance to redeployment operations carried out under certain conditions as set out therein;

Whereas applications for Community assistance must contain data enabling a decision to be taken thereon and whereas such applications must be submitted in a standardized form;

Whereas the encouragement of these operations is intended to bring about a redeployment of Community fishing acitvities and Member States must therefore be informed of certain results obtained in the course of redeployment operations;

Whereas applications are to be submitted via the competent authorities of the Member States; whereas those authorities should examine applications in order to convey their opinion to the Commission;

Whereas the Commission must have access to sufficient information to enable it to take a decision as to the substance;

Whereas if effective checks are to be made, Member States must keep the supporting documents on the basis of which the aid has been calculated at the Commission's disposal for a period of three years after payment of the final reimbursement;

Whereas the measures provided for in this Regulation are in accordance with the opinion to the Standing Committee for the Fishing Industry,

HAS ADOPTED THIS REGULATION:

Article 1

A redeployment operation project as referred to in Article 17a of Regulation (EEC) No 4028/86 must concern a commercial fishing operation and must be carried out by a single vessel in a given zone. Article 2 1. Redeployment projects submitted to the Commission through the Member State(s) concerned must contain the particulars specified in Annex I and must be presented in the form shown in the said Annex.

2. Part A of Annex I shall be submitted to the Commission in duplicate. Part B shall be retained by the competent national authorities of the Member State concerned.

3. The Member State concerned shall examine the information contained in Part B of Annex I and shall notify the Commission of the result of that examination in accordance with paragraph 1 of Part A of Annex I. It shall at the same time specify the criteria which it applies for the selection of projects and for the granting of its financial contribution, as provided for in paragraph 10 of Part A of Annex I.

4. Applications as referred to in paragraph 1 shall be recorded on the day when they are received by the Commission. Article 3 1. For the purposes of this Regulation:

- the 'beginning of the redeployment operation' shall mean the day of departure from the port of operations or the last port of fitting out immediately before fishing operations;

-'port of operations' shall mean the port from which the vessel carries out most of its activities;

-the 'last port of fitting out' shall mean the port at which the vessel takes on the fishing gear, supplies and crew;

-the 'end of the redeployment operation' shall mean the day on which the vessel returns to the last port of landing, on the understanding that no activity extraneous to the redeployment operation in question has taken place in the meantime;

-the 'duration of the redeployment operation' shall mean the number of days spent at sea per year between the beginning and the end of the redeployment operation in question. 2. To qualify for a redeployment premium, the redeployment operations may not begin until after the date on which the application for aid is recorded as received by the Commission. In cases where the application is received after the departure of the vessel concerned from the port of operations but before the departure from the last port of fitting out before fishing operations, the application shall be admitted but the days at sea incurred between that latter port and the port of operations shall not be eligible for Community aid. Article 4 In respect of each project submitted to the Commission, the Member State(s) concerned must check and certify that the legal fishing authorization or authorizations have been issued by the competent authorities for the duration of the redeployment operation in question. Article 5 1. The report referred to in Article 17e of Regulation (EEC) No 4028/86 hereinafter referred to as the 'final report', must reach the Commission not later than two months after the end of the redeployment operation in question.

2. The final report must contain the particulars specified in Annex II and must be submitted in the form shown in that Annex. Article 6 1. Applications for payment as referred to in Article 17c of Regulation (EEC) No 4028/86, which are submitted to the Commission by the Member State(s) concerned, must contain the particulars specified in Annex III and must be presented in the form shown in that Annex. They must be accompanied by the final report within the meaning of Article 5.

2. The Member State(s) concerned shall certify that the information contained in applications for payment as referred to in paragraph 1 is accurate. Article 7 Redeployment premiums may not be paid until the Commission has received the final report. Article 8 Member States shall keep at the Commission's disposal, for a period of three years after the final payment is made, all the supporting documents or certified true copies thereof on the basis of which the aids provided for in Regulation (EEC) No 4028/86 have been calculated, together with the complete files relating to applicants. Article 9 This Regulation shall enter to force on the day 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.

Done at Brussels, 21 June 1991.

For the Commission

Manuel MARÍN

Vice-president

(1) OJ No L 376, 31. 12. 1986, p. 7.

(2) OJ No L 380, 31. 12. 1990, p. 1.

ANNEX I

PART A

(To be transmitted by the Member State to the Commission)

PROJECT FOR A REDEPLOYMENT OPERATION

Member State:

Date of recorded receipt at

the Commission:

Project No

(To be completed by the Commission)

PROJECT FOR A REDEPLOYMENT OPERATION

(To be completed by the Member State in duplicate)

As regards the project for a redeployment operation submitted by (1)

having its head office at:

The public body entitled:

hereby certifies that:

1. the Member State has given its approval;

2.the project relates to fishing operations for commercial purposes in the zone designated as (2):

by a vessel measuring over or equal to 12 metres in length between perpendiculars, to be carried out in that zone with a view to the exploitation of fishery resources, primary consideration being given to the supply of the Community market;

3.the project relates to fishing operations lasting a minimum of 60 days per year and vessel and comprising one or more trips and up to a maximum of 220 days;

4.the project provides that (3):

the beginning of the redeployment operation is scheduled for:

. ./. ./. . . .

the end of redeployment operation is scheduled for:

. ./. ./. . . .

the duration of the redeployment operation is scheduled for:

. . . days

the vessel has a gross registered tonnage of:

. . . GRT

and is registered in the Community fishing fleet register pursuant to Regulation (EEC) No 163/89 (4).

5.the necessary fishing authorizations and official notices have been issued;

6.the objective is compatible with the guidelines laid down periodically by the Commission, the most recent ones dating from 21 June 1991;

7.the project in submitted to the Commission with a view to obtaining a redeployment premium

amounting to (5)ECU

;

8.the national financial contribution will be awarded by competent authorities

the total amount being:ECU

assessed at . . . % of the requested Community redeployment premium

and hereby states that:

9.the said national financial contribution (6) will be adjusted if necessary so that, at the time of payment, it does not exceed the limits specified in Article 17 quater and in annex VIII of Regulation EEC) No 4028/86;

10.the criteria used for the selection of this project and for his financial participation are the following (7):

11.the general description of this project is summarized in the Annex (8);

12.the public authority or body responsible for forwarding the supporting documents is the following:

Department to be contacted:

Telephone No:

Person responsible:

Telex:

Date:

Signature:

Stamp of the

official body

PART B

(To be transmitted by the applicant to the Member State)

PROJECT FOR A REDEPLOYMENT OPERATION

AID APPLICATION

(In the case of each project, to be completed by the applicant in duplicate, either by typewriter or in block letters)

Project relating to a redeployment operation to the fishing zone

(1)

to be undertaken by the vessel (2): of:

GRT

the beginning of the redeployment operation is scheduled for:

. . / . . / . . . .

(3)

The end of the redeployment operation is scheduled for:

. . / . . / . . . .

The duration of the redeployment operation is scheduled for:

. . . days

- The undersigned hereby provide the Member State with the following information and undertake to provide, if so requested by the Commission, any additional information which the latter may consider necessary for examining the abovementioned project for the purposes of granting a redeployment premium.

-The undersigned hereby declare that they have taken note of Council Regulations (EEC) No 4028/86 (4), (EEC) No 3944/90 (5) and of Commission Regulation (EEC) No 1959/91 (6) and untertake to comply with all the relevant provisions thereof, and in particular those relating to the redeployment operation final report.

Done on , at .........................................

Signature(s) of the applicant(s):

1. IDENTIFICATION OF APPLICANT(S)

(1)

1.1

Applicant (2)

- Name or business name: - Street and number or post office box (3): - Postal code and locality: - Telephone number: Telex: - Main activity of applicant: - Legal form: - Date of establishment (only for companies):

1.2

Producers' organization, cooperative or other body (if any) representing the applicant (4)

- Business name: - Street and number or post office box: - Postal code and locality: - Telephone number: Telex: - Person to be consulted: - Legal form:

1.3

Applicant's bank or body through which payments are made

- Name or business name: - Agency or branch: - Street and number or post office box: - Postal code and locality: - Applicant's account number with this body (5):

1.4

Has the applicant (or any of the applicants) for this project already received Community aid for a redeployment operation

YES A NO A

If yes, state the name of the applicant and the number and year of the project as shown in the decision whereby aid was granted.

Project No: Project No:

2. IDENTIFICATION OF THE VESSEL

0

2.1

Administrative particulars

Name of vessel (in block letters): Call sign: Registration number: Port of registry: Customary port of operations: Type of vessel (ISSCFV code):

2.2

Technical particulars

Length (between perpendiculars): m Gross registered tonnage: tonnes Engine power: kW Capacity of hold: m3 Accomodation: person(s)

Date of commissioning: Electronic equipment

Description

Radar

Position finding

Navigator

Weather forecasting

Transmitter/receiver

Echo sounder

Sonar

Other

2.3

Ownership of the vessel

Is the vessel chartered?YES A NO A

- If yes, give the name of the charterer:

-Owner(s):

3. PREVIOUS ACTIVITIES OF THE VESSEL

3.1

Previous activities of the vessel

- Name of vessel:

- Usual area of activities (1):

- Most recent area of activities (1):

from . . / . . / . . . . to . . / . . / . . . .

- Type of fishing usually practised (2):

- Fishing gear generally used (3):

3.2

Main species caught and average landings during the year preceeding the submission of this application

Species

Quantities

Caught

Landed

Presentation of landings

(a)

Initial sale

(ports of landing)

(a) Specify whether the products were processed and, if so, in what form (frozen, deep-frozen, packaged, prepared, etc.) or whether they were landed as fresh products.

Any comments (summary of activities):

4. OBJECTIVES OF THE REDEPLOYMENT OPERATION

4.1

Identification of fishing zone

4.1.1

Geographical definition

Enter the code for the main zone of activities (1) and enclose a copy of the nautical chart covering the said zone, references being provided by the applicant where necessary:

Note:

The Commission grants Community financial aid only to projects involving redeployment operations carried out:

- in waters falling withing the sovereignty or jurisdiction of a third country with which the Community has not concluded a fisheries' agreement but maintains relations, or

-in waters falling within the sovereignty or jurisdiction of a third country with which the Community has concluded a fisheries' agreement if this project can not benefit from other Community aid with the same objective within the framework of the common fishery policy, or

-in waters which do not fall within the sovereignty or jurisdiction of any State, in so for as such operations do not involve the catching of species subject to a quota assigned to the Community.

4.1.2

Access to the fishing zone

Where appropriate, describe the situation as regards access to the fishing zone.

Important note:

Where legal fishing authorizations have to be granted for fishing operations, the present applicant(s):

- hereby certifies/certify that the legal authorizations have been issued,

-enclose(s) herewith copies of the supporting documents.

4.1.3

Meterological situation

Data on the weather conditions usually encountered in the zone.

4.2

State of resources

4.2.1

Present state of resources

Please specify:

Source

(a)

Fishable

species

Estimate of stocks

(MSY in tonnes)

Possible and/or

authorized fishing

period

(a) Specify the sources of information.

Any comments should be attached hereto.

4.2.2

Present state of fishing (2)FISHED A NOT FISHED A If fished, specify the volume:

Flag flown by thevessel(s)

operating in the zone

Type of vessel

(a)

Period of activity

Species

Present level

of fishing

(b)

(a) Use the code employed for the International Standard statistical Classification of Fishing Vessels (ISSCFV).

(b)State whether fishing of the species concerned is: nul, light, average, heavy or excessive.

4.2.3

Special conditions for fishing

YES A NO A

If yes, specify the conditions (mesh size, fishing season, . . .)

4.2.4

Logistics

(a) Port facilities (description and assessment of existing facilities);

(b)Other infrastructures (air links, communications, . . .).

4.3

Identification of the technical and commercial objectives and of the fishing plan

4.3.1

Technical objectives

Catch forecasts

Complete the following table, estimating the average catches of the target species:

Name of vessel

Number of trips scheduled

Commercial species targeted

Catches/day

(tons)

Number of

fishing day

Fishing gear/

fishing method

Any comments should be annexed hereto.

4.3.2

Commercial objectives

Forecasts for landings/transhipments and marketing

Complete the following toble where possible:

Forecast of catches of

Landing/transhipmen

Volume

(tonnes)

Presentation

(a)

Marketing

Processing

(b)

Consumer Market(s) (country)

EC countries

Non-EC countries

(a) State whether products are landed fresh or processed on board (frozen, deep-frozen, prepared, packaged, etc.) and specify the presentation (gutted, without head, filleted or whole).

(b)Specify the type of onshore processing, if any.

Comments (enclose a market study if available):

4.3.3

Identification of fishing plan

Using the following model, state for each trip the planned activities of the vessel.

Trip number

Departure

Return

Port

Date

Port

Date

Fishing

zone

Number of days of fishing

Specification of

fishing gear/method

5. GENERAL DESCRIPTION OF THE PROJECT

A brief descriptive signifacant report (not longer than two pages, even if handwritten) containing the following information must be attached:

1. The applicant's comments on the structural situation of the fleet in the area where his vessel has fished during the last two years, in outlining particularly the necessity of redeployment of the vessel.

2.The advantages expected from this scheduled redeployment operation, in outlining particularly the aspects of supplying the Community market.

3.The descriptive report should particularly incorporate the information given under item 3 (Previous activities of the vessel) and 4 (Objectives of the redeployment operation).

(1)

Give the name of the main applicant, the latter being the natural or legal person with final responsibility for the financial cost of implementing the project.

(2) Specify the ICES or NAFO division. For other zones, give the name used by the competent national and/or international authorities. If several zones are covered, specify the geographical limits thereof by reference to a nautical chart enclosed with the application.

(3) Within the meaning of Article 3 of Commission Regulation (EEC) No 1959/91 (OJ No L 181, 8. 7. 1991, p. 83).

(4) OJ No L 20, 25. 1. 1989, p. 5.

(5) See the table enclosed in Annex VIII to Council Regulation (EEC) No 3944 (OJ No L 380, 31. 12. 1990).

(6) 'National financial contribution' means any financial assistance provided to the project from government funds or from other public bodies.

(7) (Important) Specify the selection criteria with the evalution of each criterion and if applicant has already received Community aid for a redeployment operation.

(8) Specify the name and registration number of the vessel(s), the previous activities of the vessel, the necessity of redeployment of the vessel and the aspects of fishing zone, fishing species, fishing methods and fishing gear and supplying the Community market.(1)

Specify the ICES or NAFO divisions. For other maritime areas, give the names used by the competent national and/or international authorities. If several zones are covered, specify the geographical limits thereof by reference to nautical chart enclosed with the application.

(2) Specify the name and the registration number.

(3) MB (very important): The date on which the Commission receives the project and which is shown on the acknowledgement of receipt sent to the applicant and to the Member State constitutes a reference date for the eligibility of the project. Article 3 of Regulation (EEC) 1959/91 stipulates that redeployment operations may not begin until after the said date of receipt.

(4) OJ No L 376, 31. 12. 1986.

(5) OJ No L 380, 31. 12. 1990.

(6) OJ No L 181, 8. 7. 1991.(1) If any additional information or supporting docoments are enclosed with the application, the box alongside the relevant heading must be ticked and the attached documents must be filed and numbered in the same order.

(2) The applicant is the natural or legal person with final responsibility for the financial cost of implementing the project. If there are several applicants, their surnames and first names must be listed, beginning with the applicant bearing most responsibility.

(3) (Very important): Give only one address, even if several applicants are participating in the project.

(4) If the applicant deems it necessary to name a representative, the latter shall be considered as empowered to receive and to forward the correspondence relating to the examination of the project.

(5) (Very important): If several applicants are participating in the project, give the number of a single account opened in their name.(1)

Specify the ICES or NAFO divisions. For other maritime areas, give the names used by the competent national or international authorities.

(2) Enter the code corresponding to the vessel's principal activity, in accordance with the International Standard Statistical Classification of Fishing Vessels (ISSCFV).

(3) Enter the appropriate code, in accordance with the International Standard Statistical Classification of Fishing Gear (ISSCFG).(1) Specify the ICES or NAFO divisions. For other martime areas, give the name used by the competent national or international authorities.

(2) Tick the appropriate box.

ANNEX II

REDEPLOYMENT OPERATION FINAL REPORT

Member State:

Date of recorded receipt at the Commission:

Project No

(To be completed by the Commission)

REDEPLOYMENT OPERATION FINAL REPORT

(To be sent to the Commission of the European Communities, Directorate-General for Fisheries, 200 rue de la Loi, B-1049 Brussels)

(To be completed in duplicate by the applicant in typescript or in block capitals)

Project No(1)

The redeployment operation undertaken by the vessel (2) to the following zone (3) beginning of the redeployment operation from (4):

on . . / . . / . . . .

and ending of the redeployment operation to (4):

on . . / . . / . . . .

as the project for a redeployment operation submitted to the Commission on (5):

- The purpose of this report is to inform the Commission of all operations relating to the above mentioned redeployment operation and to justify any changes to the original project.

-The undersigned hereby declare that they have taken note of Council Regulation (EEC) No 4028/86 (6) amended by Council Regulation (EEC) No 3944/90 of 20 December 1990 (7), and in particular Article 17e thereof, and Commission Regulation (EEC) No 1959/91 (8).

-The undersigned certify on their honour that the information in this document and the annexes hereto is accurate.

Done on at (datum)

Signature(s) of the applicant(s):

1. IDENTIFICATION OF APPLICANT(S)

(1)

1.1

Applicant (2)

- Name or business name: - Street and number or post office box (3): - Postal code and locality: - Telephone number: Telex: - Main activity of applicant: - Legal form: - Date of establishment (only for companies):

1.2

Producers' organization, cooperative or other body (if any) representing the applicant (4)

- Business name: - Street and number or post office box: - Postal code and locality: - Telephone number: Telex: - Person to be consulted: - Legal form:

1.3

Applicant's bank or body through which payments are made

- Name or business name: - Agency or branch: - Street and number or post office box: - Postal code and locality: - Applicant's account number with this body (5):

2. GENERAL INFORMATION ON THE FISHING ZONE

0

2.1

Geographical situation

Specify and describe the areas fished and state the fishing conditions.

0

2.2

Conditions of access

Outline the conditions governing access to fish stocks, and in particular those laid down by the competent authorities.

3. INFORMATION RELATING TO THE REDEPLOYMENT OPERATION

Enclose the daily record of fishing operations as shown in the model on page 104 and copies of the European Communities' landing/ transhipment declarations (Commission Regulation (EEC) No 2807/83 (1))

The fishing operations during the abovementioned redeployment operation may be summarized as follows:

0

3.1

Fishing

(a) Complete the attached Tables 3.1A and 3.1B.

(b)List all technical operations relating to the above mentioned redeployment operation, and in particular concerning:

- the species caught, stored and, where appropriate, sampled and discarded (qualitative and quantitative assessments),

-the gear and techniques employed,

-the vessel engaged in fishing,

-logistics (description of arrangements for taking on stores and land-based facilities for unloading, storage and communications).

0

3.2

Processing/marketing

- Complete the attached Table 3.2A

- Comments, if any.

3.1A

Summary table of fishing operations and catches

Common name of the species caught

(a)

Scientific name

Fishing zone

(b)

Fishing time

(in hours)

(1)

Fishing gear used

(c)

Catches (expressed in tonnes)

Kept on board

(2)

Discarded

(3)

Total

(4) = (2) + (3)

Hourly yields

(5) = (4) : (1)

Commercial species

Secondary species

TOTAL CATCH

(a) Underline the target species.

(b)Geographical limits by reference to nautical chart enclosed herewith.

(c)Insert the code letters used in the International Standard Statistical Classification of Fishing Gear (ISSCFG).

3.1B

Summary table of duration of the redeployment operation

Departure from

(1)

Return to

(1)

Main fishing zone

Number of days at sea

Planned

Actual

0

3.2A

Summary table of landings/transhipments

Landings/Transhipments

Sales

Name of species

Presentation of

products (a)

(a)

Real weight

(kg)

(1)

Coversion

coefficient

(2)

Live weight

(kg)

(3) = (2) × (1)

Price per kg

(National currency)

(4)

Total value of

landings

(National

currency)

(5) = (4) × (1)

Destination of landings

Type of final processing

(b)

Consumer

market(s)

(Country)

(a) Follow the instructions concerning the European Communities landing/transhipment declaration: GUT for gutting, HEAD for heading, FILLET for filleting, WHOLE for whole fish.

(b)State whether the products will be consumed in the fresh or processed state and, in the latter case, in what form (frozen/deep-frozen/preserved/prepared/smoked/salted/dried/oil/flour/other).

DAILY RECORD OF FISHING OPERATIONS DURING REDEPLOYMENT OPERATION

Name of vessel

Call sign:

Date: . ./. ./. . . .

Area of activities:

Time tow

began

(GMT)

Time tow

finished

(GMT)

Hours fished

Position at start of tow

Latitude

Longitude

NAFO/ICES-

division

Type of gear

(a)

Number of

nets or

lines

used

Mesh size

Catch by species (kilograms live-weight)

kept

discarded

kept

discarded

kept

discarded

kept

discarded

kept

discarded

Sub-total for day

kept

discarded

Total for trip

kept

discarded

Round weight (kilograms-live weight) processed today for human consumption

Round weight (kilograms-live weight) processed today for reduction

TOTAL Remarks (b)

(a) Enter the appropriate ISSCFG code.

(b) Where appropriate, state whether technical and scientific observations were made during the day.

(1)

Insert the number of the project given on the acknowledgement or receipt sent by the Commission on receipt of the abovementioned project.

(2) Specify the name and the registration number.

(3) Specify the ICES or NAFO divisions. For other maritime areas, give the names used by the competent national and/or international authorities. If several zones are covered, specify the geographical limits thereof by reference to nautical chart enclosed with the application.

(4) Within the meaning of Article 3 of Regulation (EEC) No 1959/91.

(5) Insert the date on which the abovementioned project was recorded as received by the Commission.

(6) OJ No L 376, 31. 12. 1986, p. 7.

(7) OJ No L 380, 31. 12. 1990, p. 1.

(8) OJ No L 181, 8. 7. 1991, p. 83.(1)

If any additional information or supporting documents are enclosed with the application, the box alongside the relevant heading must be ticked and the attached documents must be filed and numbered in the same order.

(2) The applicant is the natural or legal person with final responsibility for the financial cost of implementing the project. If there are several applicants, their surnames and first names must be listed, beginning with the applicant bearing most responsibility.

(3) (Very important): Give only one address, even if several applicants are participating in the project.

(4) If the applicant seems it necessary to name a representative, the latter shall be considered as empowered to receive and to forward the correspondence relating to the examination of the project.

(5) (Very important): If several applicants are participating in the project, give the number of a single account opened in their name.(1)

OJ No L 276, 10. 10. 1983, p. 1.(1)

In accordance with Commission Regulation (EEC) No 1959/91 (OJ No L 181, 8. 7. 1991).

ANNEX III

PAYMENT APPLICATION FOR PAYMENT IN RESPECT OF A REDEPLOYMENT OPERATION (To be completed by Member State in duplicate)

Project No(1) As regards the project for a redeployment operation submitted by (2):

having its head office at: the public body entitled: hereby certifies that:

1. the redeployment operation was carried out as described in the attached final report (3):

YES A NO A

If no specified the type of variation:

2.the national financial contribution granted by competent authorities

for the total amountECU

or

% of the requested Community redeployment operation

was paid on . ./. ./. . . .

to account No

;

3.the Community financial contribution requested isECU

;

4.the following checks have been carried out in accordance with the procedures previously notified to the Commission:

- accounting control on expenditure,

-control of eligibility.

Date, location, objectives and results: ; and confirms that:

- the abovementioned national financial contribution will it necessary be adjusted so that the amount actually paid falls within the limits set by the Community rules;

-the authority responsible for transmission of supporting documents is:

Contact department:

Telephone No:

Responsible official:

Telex:

Date:

Signature:

Stamp of

the authority

(1)

Enter the project number given on the acknowledgement sent by the Commission when the aid application was received.

(2) Give the name of the principal applicant.

(3) Mark the appropriate box.