iV * * COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 05.12.1995 
COM(95) (>27 luial 
95/0319 (CNS) 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EC) No 3699/93 laying down the criteria and arrangements 
regarding Community structural assistance in the fisheries and aquaculture sector 
and the processing and marketing of its products 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. System of state aids for measures to adjust fishing effoit 
Article 8 of Regulation (EC) No 3699/93 encourages Member States to take measures to 
adjust fishing effort to achieve the objectives of the multiannual guidance programmes. 
The adjustment of fishing effort within the meaning of structural measures is mainly 
guaranteed by the implementation of permanent cessation measures and the reorientation 
of fishing activities by the formation of joint enterprises. Permanent cessation measures 
comprise scrapping, transfer to a third country and re-assignment to activities other than 
fishing. 
State aids are granted to the beneficiaries of such measures. The ceiling for such aids is 
set by the scale in Annex IV to Regulation (EC) No 3699/93, which applies to vessels 
up to 15 years old. The premiums are increased by 1.5% per year for vessels less than 
I 5 years old and are decreased by 1.5% per year for vessels older than that. 
2. Rules of access to fish resources and physical value of vessels 
The restrictions placed on the rules of access to fish resources by the introduction of 
fishing licence schemes have brought about an increase in the physical value of the 
scrapping of vessels, which is no longer purely the residual physical value of the asset 
but also the value of the fishing right associated with it (the non-physical value). 
Under such circumstances it is logical to allow that from a certain age onward a vessel 
has a constant value which is that of the fishing right associated with it. 
The purpose of the proposal is to encourage the definitive withdrawal from the fleet of 
vessels more than 30 years old. To that end, the ceiling for the permanent withdrawal 
premium will remain constant whatever the age of the vessel withdrawn beyond that age 
The ceiling is fixed at that for vessel thirty years old. 
3. Limitations on the scope of measures for temporary cessation of activities 
faking account of the special circumstances for temporary cessation of fishing activities 
envisaged in Article 14 of Regulation 3699/93 it seems logical to limit the scope of the 
measures with a ceiling for Community aid. 
On the basis of an estimate of costs previously recorded by the services for operations 
of this type it seems sensible to limit the costs of these measures for each calender year 
to 200 000 ecus or 0.5% of the funds forseen in the financial plan for each Member State 
for the year concerned. 
4. Form of modification proposed 
Simple written modification of Article 14 and of Annex IV, point L!(a) fourth indent of 
Regulation (EC) No 3699/93. 
COUNCIL REGULA HON (EC) No 94 
of 
amending Regulation (EC) No 3699/93 laying down the criteria and arrangements 
regarding Community structural assistance in the fisheries and aquaculture sector 
and the processing and marketing of its products 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EEC) No 2080/93 of 20 July 1993 laying down 
provisions for implementing Regulation (EEC) No 2052/88 as regards the financial 
instrument for fisheries guidance, and in particular Article 6 thereof 
Having regard to the proposal from the Commission,1 
Having regard to the opinion of the European Parliament,2 
Having regard to the opinion of the Economic and Social Committee,' 
Whereas national and Community rules are at the heart of a strengthening of the 
conditions controlling access to fish resources, in particular by the introduction of systems 
of fishing licences and permits; whereas those new restrictions on access are having the 
effect of increasing the scrapping value of vessels, in particular those more than 30 years 
old; whereas this increase in value has made withdrawals of fishing vessels more difficult 
to guarantee than in the past; 
Whereas the current system of premiums for scrapping a vessel and for setting up joint 
enterprises provides for a constant reduction of 1.5% per year in premiums for vessels 
more than I 5 years old; whereas experience has shown that that year-by-year reduction 
in premiums has made them insufficient to guarantee the withdrawal of the oldest of the 
vessels; 
Whereas provision should be made to ensure that preference is given to the withdrawal 
from the fleet of the oldest of the vessels; whereas the premiums should therefore be 
maintained at a sufficiently high level to guarantee the withdrawal of that category of 
vessels; 
Whereas for the financial aid for FIFG in the case of temporary cessation of activities, 
taking account that this type of intervention, must remain an exceptional measure, it is 
advisable to set a ceiling for the funds allocated to this measure, 
OJ No C 
OJ No C 
O.I No C 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) n° 3699/93 is hereby amended as follows: 
1 Article 14, the following paragraph is added: 
"This grant cannot exceed, for each calender year and for each Member State, 200 000 
ecus or 0.5% of the funds forseen in the financial plan for each Member State for the 
year concerned, whichever amount is the greater." 
2 In the last indent of Annex IV, point 1.1(a), to Regulation (EC) No 3699/93, the 
following phrase is hereby added: 
", and up to 30 years old, the age beyond which premiums are limited to the amount for 
vessels thirty years old." 
Article 2 
This Regulation shall enter into force on the seventh day following 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 ... , For the Council 

ISSN 0254-1475 
COM(95) 627 final 
DOCUMENTS 
EN 03 «2 
Catalogue number : CB-CO-95-664-EN-C 
ISBN 92-77-97226-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg