Proposal for a Council Decision on a specific measure to encourage Italian fishermen to diversify out of certain fishing activities (97/C 59/07) COM(96) 682 final - 96/0308(CNS)

(Submitted by the Commission on 16 December 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to Council Regulation (EEC) No 2080/93 (1) of 20 July 1993 laying down provisions for implementing Regulation (EEC) No 2052/88 (2) as regards the Financial Instrument for Fisheries Guidance and in particular Article 6 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas a specific number of fishing vessels flying the Italian flag fish the Mediterranean for tuna and swordfish using drift nets; whereas this traditional form of fishing is a significant source of income for these fishermen and for the residents of the fishing areas dependent upon this activity;

Whereas, taking into account the special fishing conditions and the biological characteristics of the species targeted in the Mediterranean, fishing for large pelagic fish with drift nets of 2,5 km or less in length is not profitable for these fishermen; whereas it has been established that these fishermen are often required to use drift nets longer than 2,5 km in order to operate profitably;

Whereas Article 9a of Council Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources (3), as last amended by Regulation (EC) No 3071/95 (4), prohibits the keeping on board and use for fishing of one or more drift nets whose individual or total length exceeds 2,5 km;

Whereas the use of drift nets over 2,5 km is illegal under national and Community law; whereas the Commission has initiated the proceedings provided for in this regard; whereas the Italian Government has adopted new provisions to improve the monitoring of fishing and to penalize severely fishermen who infringe national and Community rules;

Whereas the economic and social problems affecting the areas dependent on this type of fishing (most of which lie within regions eligible for Structural Funding under Objective 1) are such that it cannot be abandoned effectively or quickly without a conversion plan and accompanying measures;

Whereas the Italian Government has drawn up an overall plan to resolve the problem once and for all; whereas the plan depends for its success on offering interested parties genuine aid incentives to participate in it; whereas most of the possible measures fall within the scope of the Financial Instrument for Fisheries Guidance (FIFG); whereas they will be financed from the FIFG following normal procedure;

Whereas, however, in certain cases the permitted aid ceiling would not produce the desired effect; whereas some measures planned by the Italian Government do not fall within the scope of those provided for pursuant to the FIFG; whereas specific measures and provisions must therefore be adopted;

Whereas, so as to ensure that the compensation foreseen for the fishermen is only granted to those whose income depends on the fishing activities targeted by the present Decision, it must be specified that they must have been employed on a registered fishing vessel at a date before the communication of the Italian plan to the Commission,

HAS ADOPTED THIS DECISION:

Article 1

As part of the plan drawn up by the Italian Government to reorganize and diversify out of drift net fishing for large pelagic fish, as notified to the Commission on 25 July 1996, a specific measure is hereby established to grant aid:

(a) to nationals of any Member State employed on 22 July 1996 as fishermen on a fishing vessel flying the Italian flag, practising this type of fishing, or who were employed in 1995, in the form of compensation for suspending this activity. The amount of this compensation cannot exceed ECU 918,23 per fisherman per month, for a maximum of six months, and can only be paid for the years 1996, 1997 and 1998. To qualify for this compensation, fishermen must undertake to cease this fishing activity or to convert to another activity in 1997, 1998, or 1999, in conformity with the Italian plan;

(b) to vessel owners entered in the Italian register, who have undertaken to cease definitively all fishing activity. The aid shall be as set out in Table A in the Annex;

(c) to vessel owners entered in the Italian fishing fleet register, who have undertaken to diversify definitively towards another fishing activity. The premium for diversifying shall be as set out in Table B in the Annex.

Article 2

Fishermen referred to in Article 1 (a) can also qualify for:

- aid up to a maximum of ECU 50 000 when they cease all economic activity. This aid is additional to the contribution towards early-retirement schemes foreseen by Article 14a of Regulation (EC) No 3699/93 (5), but replaces the flat-rate payment foreseen by Article 14a (3) (b),

- a conversion premium up to a maximum of ECU 20 000, in the case of conversion towards another fishing activity or towards another sector. This premium replaces the flat-rate foreseen by Article 14a (3) (b) of Regulation (EC) No 3699/93.

Article 3

The public financial contribution, including that of the Community, for projects funded under the FIFG allowing for the reconversion of vessel owners and fishermen who have benefited from measures under the present Decision can reach a maximum of 75 % of the eligible investment in Objective 1 regions and 50 % of eligible investment in non-Objective 1 regions.

Article 4

Community participation shall be as laid down for FIFG assistance and within the funding limits for Italy under the 1994 to 1999 Structural Fund programmes up to a maximum of 50 % of eligible investment undertaken by the Member State.

Article 5

Notwithstanding all other applicable provisions and in particular those of Regulation (EEC) No 2847/93 (6) the Italian authorities shall send the Commission an annual report on the implementation of the plan referred to in Article 1.

Article 6

This Decision is addressed to the Republic of Italy.

(1) OJ No L 193, 31. 7. 1993, p. 1.

(2) OJ No L 185, 15. 7. 1988, p. 9.

(3) OJ No L 288, 11. 10. 1986, p. 1.

(4) OJ No L 329, 30. 12. 1995, p. 14.

(5) OJ No L 346, 31. 12. 1993, p. 1.

(6) OJ No L 261, 20. 10. 1993, p. 1.

ANNEX

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