2000/0268(CNS) Proposal for a COUNCIL DECISION on a Community financial contribution towards certain expenditure to implement certain management measures on highly migratory fish

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 14 November 1997 the European Community became a Contracting Party to the International Convention for the Conservation of Atlantic Tunas (ICCAT Convention). The aim of the Convention is to ensure the conservation and management of stocks of tuna and tuna-like species in the waters of the Atlantic Ocean and its adjacent seas.

The International Commission for the Conservation of Atlantic Tunas (ICCAT), at its 11th special meeting on 16 to 23 November 1998, adopted a recommendation on a time/area closure linked to the use of fish aggregating devices. This measure imposes a ban on fishing by tuna seiners under floating objects during a certain period and in a certain area so as to reduce catches of tropical tuna juveniles.

To ensure observance of the ban, provision is made also for an observer to remain on board vessels fishing in the area during the period concerned.

The recommendation took effect on 21 June 1999. It is binding on the Contracting Parties under the terms of the ICCAT Convention. The Community, as a Contracting Party to the Convention, should apply the recommendation. Regulation (EC) No... [1] incorporates this recommendation into Community law.

[1] COM(2000)353 final, 8.6.2000 - 2000/0149 (CNS)

In accordance with their responsibility for enforcement, the Member States must see to it that vessels flying their flag observe the ban. In line with that responsibility they must administer the system of observers. They must take the necessary steps to assign observers to vessels flying their flag.

In order to facilitate the introduction of the system, the Community may make a financial contribution towards the costs arising from it. The contribution may be granted during the period 1 November 2000 to 21 January 2001 only, and would be conditional on the costs being taken over by the Member States once the system has become routine

The Commission proposes that the Council adopt this Decision after consultation of the European Parliament.

2000/0268(CNS)

Proposal for a

COUNCIL DECISION

on a Community financial contribution towards certain expenditure to implement certain management measures on highly migratory fish

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 [2],

[2] OJ C

Having regard to the opinion of the European Parliament [3],

[3] OJ C

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 through the setting up of an International Commission for the Conservation of Atlantic Tunas, hereinafter called "ICCAT", and the adoption of recommendations on conservation and management in 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/area closure linked to the use of fish aggregating devices which became mandatory for the Contracting Parties on 21 June 1999. Whereas Council Regulation (...) incorporates this recommendation into Community law.

(4) In order to ensure compliance with the measure, provision is made for an observer to remain on board each vessel during the period concerned. Detailed arrangements should be adopted therefore 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 of observers 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 assigning observers during the period 1 November 2000 to 31 January 2001. The contribution would be conditional on the costs being taken over by the Member States once the system has become routine,

HAS ADOPTED THIS DECISION:

Article 1

1. The costs arising from the assignment of observers deployed under the provisions of article ... of Regulation..... shall be borne 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 tuna seiners flying their flag or registered in their territory.

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 the Member States arising from the assignment of the observers, for the period 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 1 April 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 must submit an application for reimbursement of the expenditure referred to in paragraph 2 together with two copies of supporting documents by 1 May 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), and evidence of the payments concerned.

Member States shall provide assurances that the expenditure has been incurred in compliance with the principles of sound financial management 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 respect of whom the Community has made a financial contribution.

Article 3

Member States shall send the Commission by 1 May 2001 at the latest a comprehensive report assessing the content and conclusions of the reports of the observers assigned to vessels flying their flag.

Article 4

This Decision shall enter into force on the first day following its publication in the Official Journal of the European Communities.

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

BUDGETARY IMPACT FORM

(to be completed in euro)

1. Budget heading(s) involved: B2-9020 "Inspection and surveillance of fishing activities in waters inside and outside the Community"

Legal basis: // Proposal for a Council Decision imposing a time/area closure linked to the use of fish aggregating devices.

// This activity is covered by the remark contained in the fourth paragraph of point 5.2 of budget heading B2-902 of the preliminary draft budget for budget 2001.

2. Appropriations entered under this budget heading for the 2001 financial year:

Commitment appropriations = EUR 3.95 million

Payment appropriations = EUR 3.55 million

3. Carryovers authorised or requested (to be specified): -

4. Amount of expenditure arising from the decision proposed to the Commission: EUR 0.190 million

a) In the current financial year:

-to support the appropriations entered under the budget headings referred to

- [4]

[4] In this case only provide detailed reasons.

5. Other financial implications of the decision (where applicable)

None

6. Method of calculation adopted (explain)

The calculation is based on an estimate of the costs incurred by Community shipowners in taking observers on board their vessels for the 3-month duration of the time/area closure imposed on the fishing activities concerned by the proposed Decision.

>TABLE POSITION>

Comment: the Community financial contribution towards the Member States' expenditure will take the form of a single payment (100%) following acceptance of the evaluation reports prepared by the Member States and the submission of supporting documents.

The total amount of the maximum Community financial contribution for 2000 (EUR 0.190 million) will be included in the overall allocation of appropriations for budget heading B2-902 (EUR 3.95 million).

OPINION of the Director-General for the Budget